196.075. Food, when deemed misbranded. - Missouri Statutes

Food, when deemed misbranded.

196.075. 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, unless its label bears, intype of uniform size and prominence, the word, "imitation", and, immediatelythereafter, 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 ordistributor;

(b) An accurate statement of the quantity of the contents in terms ofweight, measure, or numerical count; provided, that under clause (b) of thissubdivision reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by thedepartment of health and senior services;

(6) If any word, statement, or other information required by or underauthority of sections 196.010 to 196.120 to appear on the label or labeling isnot prominently placed thereon with such conspicuousness, as compared withother words, statements, designs, or devices, in the labeling, and in suchterms as to render it likely to be read and understood by the ordinaryindividual under customary conditions of purchase and use;

(7) If it purports to be or is represented as a food for which adefinition and standard of identity has been prescribed by regulations asprovided by section 196.050, unless it conforms to such definition andstandard, and its label bears the name of the food specified in the definitionand standard, and, insofar as may be required by such regulations, the commonnames 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 byregulations as provided by section 196.050 and its quality falls below suchstandard unless its label bears, in such manner and form as such regulationsspecify, a statement that it falls below such standard;

(b) A food for which a standard or standards of fill of container havebeen prescribed by regulation as provided by section 196.050, and it fallsbelow the standard of fill of container applicable thereto, unless its labelbears, in such manner and form as such regulations specify, a statement thatit falls below such standard;

(9) If it is not subject to the provisions of subdivision (7) of thissection, 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 orusual name of each such ingredient, except that spices, flavorings, andcolorings, other than those sold as such, may be designated as spices,flavorings, and colorings, without naming each; provided, that, to the extentthat compliance with the requirements of paragraph (b) of this subdivision isimpractical or results in deception or unfair competition, exemptions shall beestablished by regulations promulgated by the department of health and seniorservices; provided further, that the requirements of paragraph (b) of thissubdivision shall not apply to any carbonated beverage the ingredients ofwhich have been fully and correctly disclosed, to the extent prescribed bysaid paragraph (b) to the department of health and senior services in anaffidavit;

(10) If it purports to be or is represented for special dietary uses,unless its label bears such information concerning its vitamin, mineral, andother dietary properties as the department of health and senior servicesdetermines to be, and by regulations prescribed, as necessary in order tofully inform purchasers as to its value for such uses;

(11) If it bears or contains any artificial flavoring, coloring, orchemical preservative, unless it bears labeling stating that fact; provided,that to the extent that compliance with the requirements of this subdivisionis impracticable, exemptions shall be established by regulations promulgatedby the department of health and senior services; and provided further, thatsubdivision (11) shall not apply to artificial coloring in butter, cheese orice cream;

(12) The department is hereby directed to promulgate regulationsexempting from any labeling requirement of sections 196.010 to 196.120 smallopen containers of fresh fruits and vegetables and food which is, inaccordance with the practice of the trade, to be processed, labeled, orrepacked in substantial quantities at establishments other than those whereoriginally processed or packed, on condition that such food is not adulteratedor misbranded under the provisions of said sections upon removal from suchprocessing, labeling or repackaging establishment.

(L. 1943 p. 559 § 9866)