65-665.Same; food deemed misbranded, when.A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is offered for sale under the name of another food.
(c) 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.
(d) If its container is so made, formed, or filled as to be misleading.
(e) If in package form, unless it bears a label containing (1) the nameand place of business of the manufacturer, packer, or distributor; (2) anaccurate statement of the quantity of the contents in terms of weight,measure, or numerical count: Provided, That under clause (2) of thisparagraph reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by thesecretary of health and environment.
(f) If any word, statement, or other information required by or underauthority of this act to appear on the label or labeling is not prominentlyplaced thereon with such conspicuousness (as compared with other words,statements, designs, or devices, in the labeling) and in such terms as torender it likely to be read and understood by the ordinary individual undercustomary conditions of purchase and use.
(g) 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 K.S.A. 65-663, as amended, unless (1) it conforms to suchdefinition and standard, and (2) its label bears the name of the foodspecified in the definition and standard, and insofar as may be required bysuch regulations, the common names of optional ingredients (other thanspices, flavoring, and coloring) present in such food.
(h) If it purports to be or is represented as (1) a food for which astandard of quality has been prescribed by regulations as provided inK.S.A. 65-663, as amended, and its quality falls below such standard unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard; or (2) a food for which astandard or standards of fill of container has been prescribed byregulations as provided by K.S.A. 65-663, as amended, and it falls belowthe 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.
(i) If it is not subject to the provisions of paragraph (g) of thissection, unless it bears labeling clearly giving (1) the common or usualname of the food, if any there be, and (2) in case it is fabricated fromtwo or more ingredients, the common or usual name of each such ingredient;except that spices, flavorings, and colorings, other than those sold assuch, may be designated as spices, flavorings, and colorings, withoutnaming each: Provided, That to the extent that compliance with therequirements of clause (2) of this paragraph is impractical or results indeception or unfair competition, exemptions shall be established byregulations promulgated by the secretary.
(j) 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 secretary determines to be, and byregulations prescribes, as necessary, in order to fully inform purchasersas to its value for such uses.
(k) 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 therequirements of this paragraph is impracticable, exemptions shall beestablished by regulations promulgated by the secretary.
(l) If it is a product intended as an ingredient of another food andwhen used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
History: L. 1953, ch. 286, § 11; L. 1974, ch. 352, §105; July 1.
65-665.Same; food deemed misbranded, when.A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is offered for sale under the name of another food.
(c) 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.
(d) If its container is so made, formed, or filled as to be misleading.
(e) If in package form, unless it bears a label containing (1) the nameand place of business of the manufacturer, packer, or distributor; (2) anaccurate statement of the quantity of the contents in terms of weight,measure, or numerical count: Provided, That under clause (2) of thisparagraph reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by thesecretary of health and environment.
(f) If any word, statement, or other information required by or underauthority of this act to appear on the label or labeling is not prominentlyplaced thereon with such conspicuousness (as compared with other words,statements, designs, or devices, in the labeling) and in such terms as torender it likely to be read and understood by the ordinary individual undercustomary conditions of purchase and use.
(g) 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 K.S.A. 65-663, as amended, unless (1) it conforms to suchdefinition and standard, and (2) its label bears the name of the foodspecified in the definition and standard, and insofar as may be required bysuch regulations, the common names of optional ingredients (other thanspices, flavoring, and coloring) present in such food.
(h) If it purports to be or is represented as (1) a food for which astandard of quality has been prescribed by regulations as provided inK.S.A. 65-663, as amended, and its quality falls below such standard unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard; or (2) a food for which astandard or standards of fill of container has been prescribed byregulations as provided by K.S.A. 65-663, as amended, and it falls belowthe 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.
(i) If it is not subject to the provisions of paragraph (g) of thissection, unless it bears labeling clearly giving (1) the common or usualname of the food, if any there be, and (2) in case it is fabricated fromtwo or more ingredients, the common or usual name of each such ingredient;except that spices, flavorings, and colorings, other than those sold assuch, may be designated as spices, flavorings, and colorings, withoutnaming each: Provided, That to the extent that compliance with therequirements of clause (2) of this paragraph is impractical or results indeception or unfair competition, exemptions shall be established byregulations promulgated by the secretary.
(j) 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 secretary determines to be, and byregulations prescribes, as necessary, in order to fully inform purchasersas to its value for such uses.
(k) 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 therequirements of this paragraph is impracticable, exemptions shall beestablished by regulations promulgated by the secretary.
(l) If it is a product intended as an ingredient of another food andwhen used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
History: L. 1953, ch. 286, § 11; L. 1974, ch. 352, §105; July 1.
65-665.Same; food deemed misbranded, when.A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is offered for sale under the name of another food.
(c) 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.
(d) If its container is so made, formed, or filled as to be misleading.
(e) If in package form, unless it bears a label containing (1) the nameand place of business of the manufacturer, packer, or distributor; (2) anaccurate statement of the quantity of the contents in terms of weight,measure, or numerical count: Provided, That under clause (2) of thisparagraph reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by thesecretary of health and environment.
(f) If any word, statement, or other information required by or underauthority of this act to appear on the label or labeling is not prominentlyplaced thereon with such conspicuousness (as compared with other words,statements, designs, or devices, in the labeling) and in such terms as torender it likely to be read and understood by the ordinary individual undercustomary conditions of purchase and use.
(g) 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 K.S.A. 65-663, as amended, unless (1) it conforms to suchdefinition and standard, and (2) its label bears the name of the foodspecified in the definition and standard, and insofar as may be required bysuch regulations, the common names of optional ingredients (other thanspices, flavoring, and coloring) present in such food.
(h) If it purports to be or is represented as (1) a food for which astandard of quality has been prescribed by regulations as provided inK.S.A. 65-663, as amended, and its quality falls below such standard unlessits label bears, in such manner and form as such regulations specify, astatement that it falls below such standard; or (2) a food for which astandard or standards of fill of container has been prescribed byregulations as provided by K.S.A. 65-663, as amended, and it falls belowthe 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.
(i) If it is not subject to the provisions of paragraph (g) of thissection, unless it bears labeling clearly giving (1) the common or usualname of the food, if any there be, and (2) in case it is fabricated fromtwo or more ingredients, the common or usual name of each such ingredient;except that spices, flavorings, and colorings, other than those sold assuch, may be designated as spices, flavorings, and colorings, withoutnaming each: Provided, That to the extent that compliance with therequirements of clause (2) of this paragraph is impractical or results indeception or unfair competition, exemptions shall be established byregulations promulgated by the secretary.
(j) 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 secretary determines to be, and byregulations prescribes, as necessary, in order to fully inform purchasersas to its value for such uses.
(k) 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 therequirements of this paragraph is impracticable, exemptions shall beestablished by regulations promulgated by the secretary.
(l) If it is a product intended as an ingredient of another food andwhen used according to the directions of the purveyor will result in thefinal food product being adulterated or misbranded.
History: L. 1953, ch. 286, § 11; L. 1974, ch. 352, §105; July 1.
