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MISBRANDED FOOD

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SEC. 302. A food shall be deemed to be misbranded—

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(a) If its labeling is false or misleading in any 4 particular.

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(b) If it is offered for sale under the name of another

(c) If it is an imitation of another food, and its label

fails to bear, in type of uniform size and prominence, the 9 word "imitation" and, immediately thereafter, the name of 10 the food imitated.

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(d) If its container is so made, formed, or filled as

to mislead the purchaser.

(e) If in package form it fails to bear unless it bears

a label containing (1) the name and place of business of 15 the manufacturer, and of the packer, seller, or distributor;

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and (2) an accurate statement of the quantity of the con

tents in terms of weight, measure, or numerical count: 18 Provided, That under subdivision (2) of this paragraph 19 reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary.

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(f) If any word, statement, or other information re23 quired on the label under any provision of this Act is not 24 prominently placed thereon in such a manner as to be

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1 easily seen and in such terms as to be readily understood 2 by purchasers and users of such articles under customary 3 conditions of purchase and use, due consideration being given to the size of the package.

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(g) If it purports to be or is represented as a food for which a definition and standard of identity has been pre

scribed by regulations as provided by sections 303 section 8 304, 701, and 703, and (1) it fails to conform to such definition and standard, or (2) its label fails to bear the name of the food prescribed in the definition and standard, and or if

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so required by such regulations when such definition and 12 standard permits optional ingredients other than spices, 13 flavors, and coloring, the common names of such optional 14 ingredients as are present in such food.

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(h) If it purports to be or is represented as a food 16 for which a standard standards of quality or fill of container has have been prescribed by regulations as pro18 vided by sections 303 section 304, 701, and 703, and (1) its label fails to bear a statement of its standard of 20 quality in such terms as the regulations specify, or (2) if its fill falls below such standard of quality or fill of container and its label fails to bear a statement, in such man

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ner as the regulations specify, showing that it falls below

such standard of quality or fill of container.

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(i) If it is not subject to the provisions of para

2 graph (g) of this section and its label fails to bear (1) the

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common or usual name of the food, if any there be, and or

(2) in case it is fabricated from two or more ingredients,

5 the common or usual name of each such ingredient; except

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that spices, flavors, and colorings, other than those sold

as such, may be designated as spices, flavors, and colorings

8 without naming each: Provided, That, to the extent that

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9 compliance with the requirements of subdivision (2) of this paragraph is impracticable because of variations in 11 ingredients usual to good manufacturing or packing practice, or is impracticable for any other reason, exemptions shall be established by regulations promulgated by the Secretary. 14 Such subdivision (2) shall not apply to any proprietary 15 food the ingredients of which have been fully and correctly 16 disclosed to the Secretary, if compliance with such subdi17 vision would give to competitors information they could not 18 otherwise obtain.

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(j) If it purports to be or is represented for special 20 dietary uses, such as by infants or invalids or for other 21 special nutritional requirements, and its label fails to bear, if so required by such regulations as provided by sections 701 and 703 may be prescribed by the Secretary as necessary for

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the protection of the public health, statements concerning its

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1 vitamin, mineral, and other dietary properties which fully

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inform the purchaser as to its nutritional value.

(k) If it bears or contains any artificial flavor, artificial 4 color, or chemical preservative, which is not prohibited by 5 section 301, and it fails to bear a label stating that fact: 6 Provided, That to the extent that compliance with the 7 requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the 9 Secretary.

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10 (1) If it is a distilled liquor, or if it is a beverage con11 taining any distilled liquor, unless its label states (1) the 12 percentage by volume of alcohol therein; (2) in case it con13 tains two or more alcoholic beverages, the percentage by 14 volume of each distilled liquor present and the source or sources from which each is derived; (3) in case of any

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kind of whisky stored in wood, or any mixture of whiskies 17 of which one or more has been stored in wood, the length 18 of time, if any, each such whisky has been so stored, and 19 the percentage by volume of each such whisky in such 20 mixture; and (4) in the case of any mixture of any kind 21 of whisky or whiskies with neutral spirits, the length of 22 time, if any, each such whisky has been stored in wood, 23 the percentage by volume of each such whisky, and the 24 percentage by volume of neutral spirits: Provided, That

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the provisions of this paragraph shall not apply insofar

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1 as they impose any requirement imposed by or under

2 authority of the Federal Alcohol Administration Act.

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(m) If it purports to be or is represented as whisky,

4 and it contains alcohol derived from any source other than

5 grain.

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REGULATIONS MAKING EXEMPTIONS

SEC. 303. The Secretary is hereby authorized 8 directed to promulgate regulations exempting from any label9 ing requirement of this Act (1) small open containers of 10 fresh fruits and fresh vegetables and alse (2) food which is, in accordance with the practice of the trade, to be proc12 essed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or 14 packed, on condition that such food is in conformity with not adulterated or misbranded under the provisions of this 16 Act upon removal from such processing, labeling, or repack

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17 ing establishment.

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DEFINITIONS AND STANDARDS FOR FOOD

SEC. 303 304. For the effectuation of the purposes 20 of this Act the Secretary is hereby authorized to promulgate 21 regulations; as provided by sections 701 and 703, fixing and 22 establishing for any food a definition and standard definitions 23 and standards of identity, and a reasonable standard stand24 ards of quality and/or and fill of container: Provided, That no standard of quality shall be established for fresh fruits

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