A food must be deemed to be misbranded:
1.If its labeling is false or misleading in any particular.
2.If it is offered for sale under the name of another food.
3.If it is an imitation of another food for which a definition and standard of identity has
been prescribed by regulations as provided by section 19-02.1-08 or if it is an imitation
of another food that is not subject to subsection 7, unless its label bears in type of
uniform size and prominence the word imitation and immediately thereafter the name
of the food imitated.
4.If its container is so made, formed, or filled as to be misleading.
5.If in package form, unless it bears a label containing:
a.The name and place of business of the manufacturer, packer, or distributor;
b.An accurate statement of the quantity of the conte
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A food must be deemed to be misbranded:
1. If its labeling is false or misleading in any particular.
2. If it is offered for sale under the name of another food.
3. If it is an imitation of another food for which a definition and standard of identity has
been prescribed by regulations as provided by section 19-02.1-08 or if it is an imitation
of another food that is not subject to subsection 7, unless its label bears in type of
uniform size and prominence the word imitation and immediately thereafter the name
of the food imitated.
4. If its container is so made, formed, or filled as to be misleading.
5. If in package form, unless it bears a label containing:
a. The name and place of business of the manufacturer, packer, or distributor;
b. An accurate statement of the quantity of the contents in terms of weight,
measure, or numerical count; and
c. In the case of beverages that are manufactured, distributed, and sold under a
franchise or trademark name indicated thereon, whereby the person, firm,
corporation, or limited liability company owning the franchise or trademark has
control over the distribution, such beverages may be exempt from this
subsection, if a certified statement is filed with the department, stating the name
and address of the manufacturer or distributor, and a statement signed by the
manufacturer or distributor that they assume all responsibility and liability for the
product named, which is being sold, or offered for sale, under such name within
the area of the state designated, which certificate must be in the following form:
NORTH DAKOTA DEPARTMENT OF HEALTH AND HUMAN SERVICES
BISMARCK, NORTH DAKOTA
BEVERAGE LABELING EXEMPTIONS CERTIFICATE
I, _______________________, the undersigned, an agent of and having
authority to sign, do hereby certify that the following information is correct:
Name and address of company requesting exemption
_________________________________________________
Name __________________________________________
Street Address ________________________________
City or Town __________________________________
State _________________________________________
Name of Product _______________________________
Brand Name ____________________________________
In order to be exempt from subdivisions a and b of subsection 5 of section
19-02.1-10 of the North Dakota Century Code, relating to misbranding of food,
which requires the name and address of the real manufacturer or other persons
responsible for placing the product upon the market, I, the undersigned, do bind
the company listed above by agreeing to assume all responsibility for the product
named in this certificate which is being sold, or offered for sale under such name
and brand name within the area consisting of _________________ in the State of
North Dakota.
Note: The area must be designated by counties or other legal subdivisions of the
city, county, or state.
Firm _____________________________
Signed ___________________________
Title ____________________________
Address __________________________
Note: If signed by a person other than an officer of the company, authorization for
signature must accompany this form. This certificate must be acknowledged.
Provided, that under subdivision b reasonable variations must be permitted, and
exemptions as to small packages must be established, by regulations prescribed by
the department.
6. If any word, statement, or other information required by or under authority of this
chapter to appear on the label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs, or devices, in
the labeling, and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.
7. If it purports to be or is represented as a food for which a definition and standard of
identity has been prescribed by regulations as provided by section 19-02.1-08 unless it
conforms to such definition and standard, its label bears the name of the food
specified in the definition and standard, and, insofar as may be required by such
regulations, the common names of optional ingredients, other than spices, flavoring,
and coloring, present in such food.
8. If it purports to be or is represented as:
a. A food for which a standard of quality has been prescribed by regulations as
provided by section 19-02.1-08 and its quality falls below such standard unless its
label bears, in such manner and form as such regulations specify, a statement
that it falls below such standard; or
b. A food for which a standard or standards of fill of container have been prescribed
by regulation as provided by section 19-02.1-08, and it falls below the standard of
fill of container applicable thereto, unless its label bears, in such manner and form
as such regulations specify, a statement that it falls below such standard.
9. If it is not subject to the provisions of subsection 7, unless it bears labeling clearly
giving:
a. The common or usual name of the food, if any there be; and
b. The common or usual name of each such ingredient, in case it is fabricated from
two or more ingredients, except that spices, flavorings, and colorings, other than
those sold as such, may be designated as spices, flavorings, and colorings
without naming each; provided, that to the extent that compliance with the
requirements of this subdivision is impracticable or results in deception or unfair
competition, exemptions must be established by regulations promulgated by the
department and, provided further, that the requirements of this subdivision do not
apply to food products which are packaged at the direction of purchasers at retail
at the time of sale, the ingredients of which are disclosed to the purchasers by
other means in accordance with regulations promulgated by the department.
10. If it purports to be or is represented for special dietary uses, unless its label bears such
information concerning its vitamin, mineral, and other dietary properties as the
department determines to be, and by regulations prescribes as, necessary in order to
fully inform purchasers as to its value for such uses.
11. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative,
unless it bears labeling stating that fact; provided, that the extent that compliance with
the requirements of this subsection is impracticable, exemptions must be established
by regulations promulgated by the department.
12. If it is a product intended as an ingredient of another food and when used according to
the directions of the purveyor will result in the final food product being adulterated or
misbranded.
13. If it is a color additive unless its packaging and labeling are in conformity with such
packaging and labeling requirements applicable to such color additive prescribed
under the provisions of the federal act.
14. If it is a raw agricultural commodity that is the produce of the soil, bearing or containing
a pesticide chemical applied after harvest, unless the shipping container of the
commodity bears labeling that declares the presence of the chemical in or on the
commodity and the common or usual name and the function of the chemical. No such
declaration is required while the commodity, having been removed from the shipping
container, is being held or displayed for sale at retail out of the container in accordance
with the custom of the trade.
15. If its packaging or labeling is in violation of an applicable regulation issued under
section 3 or 4 of the Poison Prevention Packaging Act of 1970.