§ 4060. Misbranded food
A food shall 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
have been prescribed by rules adopted pursuant to section 4058 of this title or if it is an imitation of another food that is not subject to subdivision (7) of
this section, 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; and
(B) an accurate statement of the quantity of the contents in terms of weight, measure,
or numerical count, provided that under this subdivision reasonable variations shall
be permitted, and exemptions as to small packages shall be established by rules 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 rules adopted pursuant to section 4058 of this title, unless:
(A) it conforms to that definition and standard; and
(B) its label bears the name of the food specified in the definition and standard and,
insofar as may be required by the rules, the common names of optional ingredients
(other than spices, flavoring, and coloring) present in the food.
(8) If it purports to be or is represented as:
(A) a food for which a standard of quality has been prescribed by rules adopted pursuant
to section 4058 of this title, and its quality falls below the standard unless its label bears, in such manner
and form as the rules specify, a statement that it falls below those standards; or
(B) a food for which a standard or standards of fill of container have been prescribed
by rules adopted pursuant to section 4058 of this title, and it falls below the standard of fill of container applicable thereto, unless
its label bears, in such manner and form as the rules specify, a statement that it
falls below the standard.
(9) If it is not subject to the provisions of subdivision (7) of this section, unless
it bears labeling clearly giving:
(A) the common or usual name of the food, if any there be; and
(B) in case it is fabricated from two or more ingredients, the common or usual name of
each such ingredient; 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 impractical or results in deception or unfair competition, exemptions shall be
established by rules adopted by the Department. And provided further that the requirements
of this subdivision shall not apply to food products that 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 rules adopted 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 rules adopted, as necessary in order to
inform purchasers fully 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 to the extent
that compliance with the requirements of this subsection is impracticable, exemptions
shall be established by rules adopted 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. (Added 1959, No. 172, § 11, eff. May 12, 1959; amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2017, No. 113 (Adj. Sess.), § 73; 2023, No. 53, § 90, eff. June 8, 2023.)