§ 21-31-11 Misbranded food. – A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any way.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food for which adefinition and standard of identity have been prescribed by regulations asprovided by § 21-31-9; or if it is an imitation of another food that isnot subject to subdivision (7) of this section, unless its label bears in typeof uniform size and prominence, the word, "imitation," and, immediately afterit, the name of the food imitated.
(4) If its container is made, formed, or filled as to bemisleading.
(5) If in package form, unless it bears a label containing:(i) the name and place of business of the manufacturer, packer, or distributor;(ii) an accurate statement of the quantity of the contents in terms of weight,measure, or numerical count; provided, that under paragraph (ii) of thissubdivision reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by the directorof health.
(6) If any word, statement, or other information required byor under authority of this chapter to appear on the label or labeling is notprominently placed on it with such conspicuousness (as compared with otherwords, 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.
(7) If it purports to be or is represented as a food forwhich a definition and standard of identity have been prescribed by regulationsas provided by § 21-31-9, unless: (i) it conforms to the definition andstandard, and (ii) its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by the regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) present in the food.
(8) If it purports to be or is represented as:
(i) A food for which a standard of quality has beenprescribed by regulations as provided by § 21-31-9 and its quality fallsbelow that standard unless its label bears, in the manner and form that theregulations specify, a statement that it falls below the standard; or
(ii) A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by § 21-31-9 andit falls below the standard of fill of container applicable to it, unless itslabel bears, in the manner and form that the regulations specify, a statementthat it falls below the standard.
(iii) Fresh uncooked meat or meat food product for humanconsumption which consists wholly or in part of refrozen meat unless it isclearly labeled as refrozen.
(9) If it is not subject to the provisions of subdivision (7)of this section, unless it bears labeling clearly giving: (i) the common orusual name of the food, if any, and (ii) in case it is fabricated from two (2)or more ingredients, the common or usual name of each ingredient; except thatspices, flavorings, and colorings, other than those sold as such, may bedesignated as spices, flavorings, and colorings, without naming each; provided,that to the extent that compliance with the requirements of paragraph (ii) ofthis subdivision is impractical or results in deception or unfair competition,exemptions shall be established by regulations promulgated by the director ofhealth; provided, that the requirements of paragraph (ii) of this subdivisionshall not apply to any carbonated beverage, the ingredients of which have beenfully and correctly disclosed, to the extent prescribed by paragraph (ii) ofthis subdivision, to the director of health in an affidavit.
(10) If it purports to be or is represented for specialdietary uses, unless its label bears the information concerning its vitamin,mineral, and other dietary properties that the director of health determines tobe, and by regulations prescribes, as necessary in order to fully informpurchasers as to its value for those uses.
(11) If it bears or contains any artificial flavoring,artificial coloring, or chemical preservative, unless it bears labeling statingthat fact; provided, that to the extent that compliance with the requirementsof this subdivision is impracticable, exemptions shall be established byregulations promulgated by the director of health.
(12) If it is a product intended as an ingredient of anotherfood and when used according to the directions of the purveyor will result inthe final food product being adulterated or misbranded.
(13) If its packaging or labeling is in violation of anapplicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of thePoison Prevention Packaging Act.
§ 21-31-11 Misbranded food. – A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any way.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food for which adefinition and standard of identity have been prescribed by regulations asprovided by § 21-31-9; or if it is an imitation of another food that isnot subject to subdivision (7) of this section, unless its label bears in typeof uniform size and prominence, the word, "imitation," and, immediately afterit, the name of the food imitated.
(4) If its container is made, formed, or filled as to bemisleading.
(5) If in package form, unless it bears a label containing:(i) the name and place of business of the manufacturer, packer, or distributor;(ii) an accurate statement of the quantity of the contents in terms of weight,measure, or numerical count; provided, that under paragraph (ii) of thissubdivision reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by the directorof health.
(6) If any word, statement, or other information required byor under authority of this chapter to appear on the label or labeling is notprominently placed on it with such conspicuousness (as compared with otherwords, 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.
(7) If it purports to be or is represented as a food forwhich a definition and standard of identity have been prescribed by regulationsas provided by § 21-31-9, unless: (i) it conforms to the definition andstandard, and (ii) its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by the regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) present in the food.
(8) If it purports to be or is represented as:
(i) A food for which a standard of quality has beenprescribed by regulations as provided by § 21-31-9 and its quality fallsbelow that standard unless its label bears, in the manner and form that theregulations specify, a statement that it falls below the standard; or
(ii) A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by § 21-31-9 andit falls below the standard of fill of container applicable to it, unless itslabel bears, in the manner and form that the regulations specify, a statementthat it falls below the standard.
(iii) Fresh uncooked meat or meat food product for humanconsumption which consists wholly or in part of refrozen meat unless it isclearly labeled as refrozen.
(9) If it is not subject to the provisions of subdivision (7)of this section, unless it bears labeling clearly giving: (i) the common orusual name of the food, if any, and (ii) in case it is fabricated from two (2)or more ingredients, the common or usual name of each ingredient; except thatspices, flavorings, and colorings, other than those sold as such, may bedesignated as spices, flavorings, and colorings, without naming each; provided,that to the extent that compliance with the requirements of paragraph (ii) ofthis subdivision is impractical or results in deception or unfair competition,exemptions shall be established by regulations promulgated by the director ofhealth; provided, that the requirements of paragraph (ii) of this subdivisionshall not apply to any carbonated beverage, the ingredients of which have beenfully and correctly disclosed, to the extent prescribed by paragraph (ii) ofthis subdivision, to the director of health in an affidavit.
(10) If it purports to be or is represented for specialdietary uses, unless its label bears the information concerning its vitamin,mineral, and other dietary properties that the director of health determines tobe, and by regulations prescribes, as necessary in order to fully informpurchasers as to its value for those uses.
(11) If it bears or contains any artificial flavoring,artificial coloring, or chemical preservative, unless it bears labeling statingthat fact; provided, that to the extent that compliance with the requirementsof this subdivision is impracticable, exemptions shall be established byregulations promulgated by the director of health.
(12) If it is a product intended as an ingredient of anotherfood and when used according to the directions of the purveyor will result inthe final food product being adulterated or misbranded.
(13) If its packaging or labeling is in violation of anapplicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of thePoison Prevention Packaging Act.
§ 21-31-11 Misbranded food. – A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any way.
(2) If it is offered for sale under the name of another food.
(3) If it is an imitation of another food for which adefinition and standard of identity have been prescribed by regulations asprovided by § 21-31-9; or if it is an imitation of another food that isnot subject to subdivision (7) of this section, unless its label bears in typeof uniform size and prominence, the word, "imitation," and, immediately afterit, the name of the food imitated.
(4) If its container is made, formed, or filled as to bemisleading.
(5) If in package form, unless it bears a label containing:(i) the name and place of business of the manufacturer, packer, or distributor;(ii) an accurate statement of the quantity of the contents in terms of weight,measure, or numerical count; provided, that under paragraph (ii) of thissubdivision reasonable variations shall be permitted, and exemptions as tosmall packages shall be established, by regulations prescribed by the directorof health.
(6) If any word, statement, or other information required byor under authority of this chapter to appear on the label or labeling is notprominently placed on it with such conspicuousness (as compared with otherwords, 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.
(7) If it purports to be or is represented as a food forwhich a definition and standard of identity have been prescribed by regulationsas provided by § 21-31-9, unless: (i) it conforms to the definition andstandard, and (ii) its label bears the name of the food specified in thedefinition and standard, and, insofar as may be required by the regulations,the common names of optional ingredients (other than spices, flavoring, andcoloring) present in the food.
(8) If it purports to be or is represented as:
(i) A food for which a standard of quality has beenprescribed by regulations as provided by § 21-31-9 and its quality fallsbelow that standard unless its label bears, in the manner and form that theregulations specify, a statement that it falls below the standard; or
(ii) A food for which a standard or standards of fill ofcontainer have been prescribed by regulation as provided by § 21-31-9 andit falls below the standard of fill of container applicable to it, unless itslabel bears, in the manner and form that the regulations specify, a statementthat it falls below the standard.
(iii) Fresh uncooked meat or meat food product for humanconsumption which consists wholly or in part of refrozen meat unless it isclearly labeled as refrozen.
(9) If it is not subject to the provisions of subdivision (7)of this section, unless it bears labeling clearly giving: (i) the common orusual name of the food, if any, and (ii) in case it is fabricated from two (2)or more ingredients, the common or usual name of each ingredient; except thatspices, flavorings, and colorings, other than those sold as such, may bedesignated as spices, flavorings, and colorings, without naming each; provided,that to the extent that compliance with the requirements of paragraph (ii) ofthis subdivision is impractical or results in deception or unfair competition,exemptions shall be established by regulations promulgated by the director ofhealth; provided, that the requirements of paragraph (ii) of this subdivisionshall not apply to any carbonated beverage, the ingredients of which have beenfully and correctly disclosed, to the extent prescribed by paragraph (ii) ofthis subdivision, to the director of health in an affidavit.
(10) If it purports to be or is represented for specialdietary uses, unless its label bears the information concerning its vitamin,mineral, and other dietary properties that the director of health determines tobe, and by regulations prescribes, as necessary in order to fully informpurchasers as to its value for those uses.
(11) If it bears or contains any artificial flavoring,artificial coloring, or chemical preservative, unless it bears labeling statingthat fact; provided, that to the extent that compliance with the requirementsof this subdivision is impracticable, exemptions shall be established byregulations promulgated by the director of health.
(12) If it is a product intended as an ingredient of anotherfood and when used according to the directions of the purveyor will result inthe final food product being adulterated or misbranded.
(13) If its packaging or labeling is in violation of anapplicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of thePoison Prevention Packaging Act.
