§ 201 — Misbranding of food

§ 201. Misbranding of food. Food shall be deemed to be misbranded: 1.\nIf its labeling is false or misleading in any particular.\n 2. If it is offered for sale under the name of another article.\n 3. If it is an imitation of another food, unless its label bears the\nword "imitation" and immediately thereafter the name of the food\nimitated in type of uniform size and equal prominence, followed by a\nstatement showing the constituents thereof.\n 4. If its container is so made, formed, colored or filled as to be\nmisleading.\n 5. If in package form, unless it bears a label containing the name and\nplace of business of the manufacturer, packer, or distributor.\n 6. If any word, statement or other information required by or under\nauthority of this article to appear on the label or labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or devices, in the labeling) and in\nsuch terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use.\n 7. If it purports to be or is represented as a food for which a\ndefinition and standard of identity has been prescribed, unless (a) it\nconforms to such definition and standard, and (b) its label bears the\nname of the food specified in the definition and standard, and, in so\nfar as may be required, the common names of optional ingredients present\nin such food.\n 8. If it purports to be or is represented as (a) a food for which a\nstandard of quality has been prescribed by this chapter or by\nregulations as provided in section two hundred fourteen-b, and its\nquality falls below such standard, unless its label bears, in such\nmanner and form as such regulations specify, a statement that it falls\nbelow such standard; or (b) a food for which no definition and standard\nof identity and/or standard of quality have been prescribed, and it\nfalls below the standard of purity, quality or strength which it\npurports or is represented to possess.\n 9. If it is not subject to the provisions of subdivision seven of this\nsection, unless its label bears (a) the common or usual name of the\nfood, if any there be, and (b) in case it is fabricated from two or more\ningredients, the common or usual name of each such ingredient; except\nthat spices, flavorings, and colorings, other than those sold as such,\nmay be designated as spices, flavorings, and colorings, without naming\neach; provided that, to the extent that compliance with the requirements\nof clause (b) of this subdivision is impracticable, or results in\ndeception or unfair competition, in the judgment of the commissioner,\nexemptions shall be established by regulations promulgated by the\ncommissioner.\n 10. If it purports to be or is represented for special dietary uses,\nunless its label bears such information concerning its vitamin, mineral,\nand other dietary properties as the commissioner determines to be and\nprescribes as necessary in order to inform purchasers fully as to its\nvalue for such uses.\n 11. If it bears or contains any artificial flavoring, artificial\ncoloring, or permitted chemical preservative, unless it bears labeling\nstating that fact: provided, that to the extent that compliance with the\nrequirements of this subdivision is impracticable, exemptions shall be\nestablished by regulations promulgated by the commissioner. The\nprovisions of this subdivision and subdivisions seven and nine with\nrespect to artificial coloring shall not apply in the case of butter,\ncheese, or ice cream. The provisions of this subdivision with respect to\nchemical preservatives shall not apply to a pesticide chemical when used\nin or on a raw agricultural commodity which is the produce of the soil.\n 12. If it is a raw agricultural commodity which is the produce of the\nsoil, bearing or containing a pesticide chemical applied after harvest,\nunless the shipping container of such commodity bears labeling which\ndeclares the presence of such chemical in or on such commodity and the\ncommon or usual name and the function of such chemical; provided,\nhowever, that no such declaration shall be required while such\ncommodity, having been removed from the shipping container, is being\nheld or displayed for sale at retail out of such container in accordance\nwith the custom of the trade.\n 13. If it is a color additive unless its packing and labeling are in\nconformity with such packing and labeling requirements, applicable to\nsuch color additive, as may be contained in regulations promulgated by\nthe commissioner.\n 14. If it contains a milk protein concentrate, caseinate, or added\ncasein and is not subject to the provisions of subdivision seven of this\nsection, unless its label bears the name of such substance as an\ningredient.\n