State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-549_55

§ 106‑549.55. Labeling standards; false and misleading labels.

(a)        All poultry products inspected at any official establishmentunder the authority of this Article and found to be not adulterated, shall atthe time they leave the establishment bear, in distinctly legible form, ontheir shipping containers and immediate containers as the Commissioner mayrequire, the information required under subdivision (17) of G.S. 106‑549.51.In addition, the Commissioner whenever he determines such action is practicableand necessary for the protection of the public, may require nonconsumerpackaged carcasses at the time they leave the establishment to bear directlythereon in distinctly legible form any information required under suchsubdivision (17).

(b)        The Board, whenever it determines such action is necessaryfor the protection of the public, may prescribe:

(1)        The styles and sizes of type to be used with respect tomaterial required to be incorporated in labeling to avoid false or misleadinglabeling in marking or otherwise labeling any articles or poultry subject tothis Article;

(2)        Definitions and standards of identity or composition forarticles subject to this Article and standards of fill of container for sucharticles not inconsistent with any such standards established under the FederalFood, Drug and Cosmetic Act, or under the Federal Poultry Products InspectionAct, and there shall be consultation between the Commissioner or his authorizedrepresentative and the Secretary of Agriculture of the United States prior tothe issuance of such standards to avoid inconsistency between such standardsand the federal standards.

(c)        No article subject to this Article shall be sold or offeredfor sale by any person in intrastate commerce, under any name or other markingor labeling which is false or misleading, or in any container of a misleadingform or size, but established trade names and other marking and labeling andcontainers which are not false or misleading and which are approved by theCommissioner, are permitted.

(d)        If the Commissioner has reason to believe that any markingor labeling or the size or form of any container in use or proposed for usewith respect to any article subject to this Article is false or misleading inany particular, he may direct that such use be withheld unless the marking,labeling, or container is modified in such manner as he may prescribe so thatit will not be false or misleading. A person who uses or proposes to use themarking, labeling, or container and who does not accept the determination ofthe Commissioner may commence a contested case under G.S. 150B‑23.  Ifdirected by the Commissioner, the marking, labeling, or container may not beused pending a final decision. (1971, c. 677, s. 8; 1973, c. 1331, s. 3; 1987, c. 827, s. 36; 1989, c.770, s. 26.)

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-549_55

§ 106‑549.55. Labeling standards; false and misleading labels.

(a)        All poultry products inspected at any official establishmentunder the authority of this Article and found to be not adulterated, shall atthe time they leave the establishment bear, in distinctly legible form, ontheir shipping containers and immediate containers as the Commissioner mayrequire, the information required under subdivision (17) of G.S. 106‑549.51.In addition, the Commissioner whenever he determines such action is practicableand necessary for the protection of the public, may require nonconsumerpackaged carcasses at the time they leave the establishment to bear directlythereon in distinctly legible form any information required under suchsubdivision (17).

(b)        The Board, whenever it determines such action is necessaryfor the protection of the public, may prescribe:

(1)        The styles and sizes of type to be used with respect tomaterial required to be incorporated in labeling to avoid false or misleadinglabeling in marking or otherwise labeling any articles or poultry subject tothis Article;

(2)        Definitions and standards of identity or composition forarticles subject to this Article and standards of fill of container for sucharticles not inconsistent with any such standards established under the FederalFood, Drug and Cosmetic Act, or under the Federal Poultry Products InspectionAct, and there shall be consultation between the Commissioner or his authorizedrepresentative and the Secretary of Agriculture of the United States prior tothe issuance of such standards to avoid inconsistency between such standardsand the federal standards.

(c)        No article subject to this Article shall be sold or offeredfor sale by any person in intrastate commerce, under any name or other markingor labeling which is false or misleading, or in any container of a misleadingform or size, but established trade names and other marking and labeling andcontainers which are not false or misleading and which are approved by theCommissioner, are permitted.

(d)        If the Commissioner has reason to believe that any markingor labeling or the size or form of any container in use or proposed for usewith respect to any article subject to this Article is false or misleading inany particular, he may direct that such use be withheld unless the marking,labeling, or container is modified in such manner as he may prescribe so thatit will not be false or misleading. A person who uses or proposes to use themarking, labeling, or container and who does not accept the determination ofthe Commissioner may commence a contested case under G.S. 150B‑23.  Ifdirected by the Commissioner, the marking, labeling, or container may not beused pending a final decision. (1971, c. 677, s. 8; 1973, c. 1331, s. 3; 1987, c. 827, s. 36; 1989, c.770, s. 26.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-549_55

§ 106‑549.55. Labeling standards; false and misleading labels.

(a)        All poultry products inspected at any official establishmentunder the authority of this Article and found to be not adulterated, shall atthe time they leave the establishment bear, in distinctly legible form, ontheir shipping containers and immediate containers as the Commissioner mayrequire, the information required under subdivision (17) of G.S. 106‑549.51.In addition, the Commissioner whenever he determines such action is practicableand necessary for the protection of the public, may require nonconsumerpackaged carcasses at the time they leave the establishment to bear directlythereon in distinctly legible form any information required under suchsubdivision (17).

(b)        The Board, whenever it determines such action is necessaryfor the protection of the public, may prescribe:

(1)        The styles and sizes of type to be used with respect tomaterial required to be incorporated in labeling to avoid false or misleadinglabeling in marking or otherwise labeling any articles or poultry subject tothis Article;

(2)        Definitions and standards of identity or composition forarticles subject to this Article and standards of fill of container for sucharticles not inconsistent with any such standards established under the FederalFood, Drug and Cosmetic Act, or under the Federal Poultry Products InspectionAct, and there shall be consultation between the Commissioner or his authorizedrepresentative and the Secretary of Agriculture of the United States prior tothe issuance of such standards to avoid inconsistency between such standardsand the federal standards.

(c)        No article subject to this Article shall be sold or offeredfor sale by any person in intrastate commerce, under any name or other markingor labeling which is false or misleading, or in any container of a misleadingform or size, but established trade names and other marking and labeling andcontainers which are not false or misleading and which are approved by theCommissioner, are permitted.

(d)        If the Commissioner has reason to believe that any markingor labeling or the size or form of any container in use or proposed for usewith respect to any article subject to this Article is false or misleading inany particular, he may direct that such use be withheld unless the marking,labeling, or container is modified in such manner as he may prescribe so thatit will not be false or misleading. A person who uses or proposes to use themarking, labeling, or container and who does not accept the determination ofthe Commissioner may commence a contested case under G.S. 150B‑23.  Ifdirected by the Commissioner, the marking, labeling, or container may not beused pending a final decision. (1971, c. 677, s. 8; 1973, c. 1331, s. 3; 1987, c. 827, s. 36; 1989, c.770, s. 26.)