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Session Laws, 1970
Volume 695, Page 1587   View pdf image
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Marvin Mandel, Governor                          1587

scribed by regulations of the Board under section 8 197-9 of this Act
unless (A) it conforms to such definition and standard, and (B) its
label bears the name of the food specified in the definition and stand-
ard 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 food for which a
standard or standards of fill of container have been prescribed by
regulations of the Board under section 8
197-9 of this Act, 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 subparagraph (7),
unless its label bears (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 may, when authorized
by the Board, be designated as spices, flavorings, and colorings
without naming each: Provided, That, to the extent that compliance
with the requirements of clause (B) of this subparagraph (9) is
impracticable, or results in deception or unfair competition, exemp-
tions shall be established by regulations promulgated by the Board;

(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 Board after consulta-
tion with the Secretary of Agriculture of the United States, deter-
mines to be, and by regulations prescribes as, necessary in order
fully to 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, to the extent that compliance with the
requirements of this subparagraph (11) is impracticable, exemptions
shall be established by regulations promulgated by the Board; or

(12)    if it fails to bear on its containers, and in the case of
nonconsumer packaged carcasses (if the Board so requires) directly
thereon, as the Board may by regulations prescribe, the official
inspection legend and official establishment number of the establish-
ment where the article was processed, and, unrestricted by any of
the foregoing, such other information as the Board may require in
such regulations to assure that it will not have false or misleading
labeling and that the public will be informed of the manner of
handling required to maintain the article in a wholesome condition.

(m) "Label" means a display of written, printed, or graphic
matter upon any article or the immediate container (not including
package liners) of any article.

(n) "Labeling" means all labels and other written, printed, or
graphic matter (1) upon any article or any of its containers or
wrappers, or (2) accompanying such article.

(o) "Federal Poultry Products Inspection Act" means the Act
so entitled approved August 28, 1957 (71 Stat. 441), as amended
by the Wholesome Poultry Products Act (82 Stat. 791).

(p) "Federal Food, Drug, and Cosmetic Act" means the Act so
entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amenda-
tory thereof or supplementary thereto.

(q) The terms "pesticide chemical" "food additive," "color ad-
ditive," and "raw agricultural commodity" shall have the same mean-


 

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Session Laws, 1970
Volume 695, Page 1587   View pdf image
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