(1) a. If its labeling is false ormisleading in any particular, or
b. If its labeling or packaging fails to conform with therequirements of G.S. 106‑139 and 106‑139.1 of this Article.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food, unless its labelbears, 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 bemisleading.
(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 interms of weight, measure, or numerical count, which statement shall beseparately and accurately stated in a uniform location upon the principaldisplay panel of the label:
Provided, that under paragraph b of this subdivisionreasonable variations shall be permitted, and exemptions as to small packagesshall be established, by regulations prescribed by the Board of Agriculture.
(6) If any word, statement, or other information required by orunder authority of this Article to appear on the label or labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in the labeling) and in such terms asto render it likely to be read and understood by the ordinary individual undercustomary 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 G.S. 106‑128, unless
a. It conforms to such definition and standard, and
b. Its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by such regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) 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 prescribedby regulations as provided by G.S. 106‑128 and its quality falls belowsuch standard unless its label bears, in such manner and form as such regulationsspecify, a statement that it falls below such standard; or
b. A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by G.S. 106‑128,and it falls below the standard of fill of container applicable thereto, unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard.
(9) If it is not subject to the provisions of subdivision (7) ofthis section, 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, thecommon 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 therequirements of paragraph b of this subdivision is impracticable or results indeception or unfair competition, exemptions shall be established by regulationspromulgated by the Board of Agriculture.
(10) If it purports to be or is represented for special dietaryuses, unless its label bears such information concerning its vitamin, mineral,and other dietary properties as the Board of Agriculture determines to be, andby regulations prescribes as, necessary in order to fully inform purchasers asto its value for such uses.
(11) If it bears or contains any artificial flavoring, artificialcoloring, or chemical preservatives, unless it bears labeling stating thatfact: Provided, that to the extent that compliance with the requirements ofthis subdivision are impracticable, exemptions shall be established byregulations promulgated by the Board of Agriculture. The provisions of thissubdivision and subdivisions (7) and (9) with respect to artificial coloring donot apply to butter, cheese, or ice cream. The provisions of this subdivisionwith respect to chemical preservatives do not apply to a pesticide chemicalwhen used in or on a raw agricultural commodity which is the product of thesoil.
(12) If it is a raw agricultural commodity which is the produce ofthe soil, bearing or containing a pesticide chemical applied after harvest,unless the shipping container of such commodity bears labeling which declaresthe presence of such chemical in or on such commodity and the common or usualname and the function of such chemical: Provided, however, that no suchdeclaration shall be required while such commodity, having been removed fromthe shipping container, is being held or displayed for sale at retail out ofsuch container in accordance with the custom of the trade.
(13) If it is a product intended as an ingredient of another foodand when used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
(14) If it is a color additive unless its packaging and labelingare in conformity with such packaging and labeling requirements applicable tosuch color additive prescribed under the provisions of G.S. 106‑132 ofthis Article.
(15) If the labeling provided by the manufacturer, packer,distributor, or retailer on meat, meat products, poultry, or seafood includes a"sell‑by" date or other indicator of a last recommended day ofsale, and the date has been removed, obscured, or altered by any person otherthan the customer. This subdivision does not prohibit the removal of a labelfor the purpose of repackaging and relabeling a food item so long as the newpackage or new label does not bear a "sell‑by" date or other indicatorof a last recommended day of sale later than the original package. Thissubdivision does not prohibit relabeling of meat, meat products, poultry, orseafood that has had its shelf life extended through freezing, cooking, orother additional processing that extends the shelf life of the product. (1939, c. 320, s. 11; 1975, c. 614, ss. 17‑20;2000‑67, s. 7.10.)
(1) a. If its labeling is false ormisleading in any particular, or
b. If its labeling or packaging fails to conform with therequirements of G.S. 106‑139 and 106‑139.1 of this Article.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food, unless its labelbears, 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 bemisleading.
(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 interms of weight, measure, or numerical count, which statement shall beseparately and accurately stated in a uniform location upon the principaldisplay panel of the label:
Provided, that under paragraph b of this subdivisionreasonable variations shall be permitted, and exemptions as to small packagesshall be established, by regulations prescribed by the Board of Agriculture.
(6) If any word, statement, or other information required by orunder authority of this Article to appear on the label or labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in the labeling) and in such terms asto render it likely to be read and understood by the ordinary individual undercustomary 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 G.S. 106‑128, unless
a. It conforms to such definition and standard, and
b. Its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by such regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) 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 prescribedby regulations as provided by G.S. 106‑128 and its quality falls belowsuch standard unless its label bears, in such manner and form as such regulationsspecify, a statement that it falls below such standard; or
b. A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by G.S. 106‑128,and it falls below the standard of fill of container applicable thereto, unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard.
(9) If it is not subject to the provisions of subdivision (7) ofthis section, 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, thecommon 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 therequirements of paragraph b of this subdivision is impracticable or results indeception or unfair competition, exemptions shall be established by regulationspromulgated by the Board of Agriculture.
(10) If it purports to be or is represented for special dietaryuses, unless its label bears such information concerning its vitamin, mineral,and other dietary properties as the Board of Agriculture determines to be, andby regulations prescribes as, necessary in order to fully inform purchasers asto its value for such uses.
(11) If it bears or contains any artificial flavoring, artificialcoloring, or chemical preservatives, unless it bears labeling stating thatfact: Provided, that to the extent that compliance with the requirements ofthis subdivision are impracticable, exemptions shall be established byregulations promulgated by the Board of Agriculture. The provisions of thissubdivision and subdivisions (7) and (9) with respect to artificial coloring donot apply to butter, cheese, or ice cream. The provisions of this subdivisionwith respect to chemical preservatives do not apply to a pesticide chemicalwhen used in or on a raw agricultural commodity which is the product of thesoil.
(12) If it is a raw agricultural commodity which is the produce ofthe soil, bearing or containing a pesticide chemical applied after harvest,unless the shipping container of such commodity bears labeling which declaresthe presence of such chemical in or on such commodity and the common or usualname and the function of such chemical: Provided, however, that no suchdeclaration shall be required while such commodity, having been removed fromthe shipping container, is being held or displayed for sale at retail out ofsuch container in accordance with the custom of the trade.
(13) If it is a product intended as an ingredient of another foodand when used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
(14) If it is a color additive unless its packaging and labelingare in conformity with such packaging and labeling requirements applicable tosuch color additive prescribed under the provisions of G.S. 106‑132 ofthis Article.
(15) If the labeling provided by the manufacturer, packer,distributor, or retailer on meat, meat products, poultry, or seafood includes a"sell‑by" date or other indicator of a last recommended day ofsale, and the date has been removed, obscured, or altered by any person otherthan the customer. This subdivision does not prohibit the removal of a labelfor the purpose of repackaging and relabeling a food item so long as the newpackage or new label does not bear a "sell‑by" date or other indicatorof a last recommended day of sale later than the original package. Thissubdivision does not prohibit relabeling of meat, meat products, poultry, orseafood that has had its shelf life extended through freezing, cooking, orother additional processing that extends the shelf life of the product. (1939, c. 320, s. 11; 1975, c. 614, ss. 17‑20;2000‑67, s. 7.10.)
(1) a. If its labeling is false ormisleading in any particular, or
b. If its labeling or packaging fails to conform with therequirements of G.S. 106‑139 and 106‑139.1 of this Article.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food, unless its labelbears, 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 bemisleading.
(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 interms of weight, measure, or numerical count, which statement shall beseparately and accurately stated in a uniform location upon the principaldisplay panel of the label:
Provided, that under paragraph b of this subdivisionreasonable variations shall be permitted, and exemptions as to small packagesshall be established, by regulations prescribed by the Board of Agriculture.
(6) If any word, statement, or other information required by orunder authority of this Article to appear on the label or labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in the labeling) and in such terms asto render it likely to be read and understood by the ordinary individual undercustomary 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 G.S. 106‑128, unless
a. It conforms to such definition and standard, and
b. Its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by such regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) 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 prescribedby regulations as provided by G.S. 106‑128 and its quality falls belowsuch standard unless its label bears, in such manner and form as such regulationsspecify, a statement that it falls below such standard; or
b. A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by G.S. 106‑128,and it falls below the standard of fill of container applicable thereto, unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard.
(9) If it is not subject to the provisions of subdivision (7) ofthis section, 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, thecommon 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 therequirements of paragraph b of this subdivision is impracticable or results indeception or unfair competition, exemptions shall be established by regulationspromulgated by the Board of Agriculture.
(10) If it purports to be or is represented for special dietaryuses, unless its label bears such information concerning its vitamin, mineral,and other dietary properties as the Board of Agriculture determines to be, andby regulations prescribes as, necessary in order to fully inform purchasers asto its value for such uses.
(11) If it bears or contains any artificial flavoring, artificialcoloring, or chemical preservatives, unless it bears labeling stating thatfact: Provided, that to the extent that compliance with the requirements ofthis subdivision are impracticable, exemptions shall be established byregulations promulgated by the Board of Agriculture. The provisions of thissubdivision and subdivisions (7) and (9) with respect to artificial coloring donot apply to butter, cheese, or ice cream. The provisions of this subdivisionwith respect to chemical preservatives do not apply to a pesticide chemicalwhen used in or on a raw agricultural commodity which is the product of thesoil.
(12) If it is a raw agricultural commodity which is the produce ofthe soil, bearing or containing a pesticide chemical applied after harvest,unless the shipping container of such commodity bears labeling which declaresthe presence of such chemical in or on such commodity and the common or usualname and the function of such chemical: Provided, however, that no suchdeclaration shall be required while such commodity, having been removed fromthe shipping container, is being held or displayed for sale at retail out ofsuch container in accordance with the custom of the trade.
(13) If it is a product intended as an ingredient of another foodand when used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
(14) If it is a color additive unless its packaging and labelingare in conformity with such packaging and labeling requirements applicable tosuch color additive prescribed under the provisions of G.S. 106‑132 ofthis Article.
(15) If the labeling provided by the manufacturer, packer,distributor, or retailer on meat, meat products, poultry, or seafood includes a"sell‑by" date or other indicator of a last recommended day ofsale, and the date has been removed, obscured, or altered by any person otherthan the customer. This subdivision does not prohibit the removal of a labelfor the purpose of repackaging and relabeling a food item so long as the newpackage or new label does not bear a "sell‑by" date or other indicatorof a last recommended day of sale later than the original package. Thissubdivision does not prohibit relabeling of meat, meat products, poultry, orseafood that has had its shelf life extended through freezing, cooking, orother additional processing that extends the shelf life of the product. (1939, c. 320, s. 11; 1975, c. 614, ss. 17‑20;2000‑67, s. 7.10.)
