§ 3.2-5402. Misbranded livestock product or poultry product.
Any livestock product or poultry product 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, in type ofuniform 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. Unless it bears a label showing: (i) the name and place of business of themanufacturer, packer, or distributor; and (ii) an accurate statement of thequantity of the product in terms of weight, measure, or numerical count;provided, that under this subsection, exemptions as to livestock products notin containers may be established by regulations prescribed by the Board; andprovided, further, that under clause (ii) of this subsection, reasonablevariations may be permitted, and exemptions as to small packages may beestablished for livestock products or poultry products by regulationsprescribed by the Board;
6. If any word, statement, or other information required by or underauthority of this chapter to appear on the label or other labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in 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 for which a definitionand standard of identity or composition has been prescribed by theregulations of the Board under § 3.2-5404 unless: (i) it conforms to suchdefinition and standard; and (ii) 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;
8. If it purports to be or is represented as a food for which a standard orstandards of fill of container have been prescribed by regulations of theBoard under § 3.2-5404 and it falls below the standard of fill of containerapplicable thereto, unless its label bears, in such manner and form as suchregulations specify, a statement that it falls below such standard;
9. If it is not subject to the provisions of subdivision 7, unless its labelbears: (i) the common or usual name of the food, if any there be; and (ii) incase it is fabricated from two or more ingredients, the common or usual nameof each such ingredient; except that spices, flavorings, and colorings may,when authorized by the Commissioner, be designated as spices, flavorings, andcolorings without naming each; provided that, to the extent that compliancewith the requirements of clause (ii) of this subsection is impracticable, orresults in deception or unfair competition, exemptions shall be establishedby regulations promulgated by the Board;
10. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Commissioner, after consultation with the U.S.Department of Agriculture, determines to be, and prescribes as, necessary inorder fully to inform purchasers as to its value for such uses;
11. If it bears or contains any artificial flavoring, artificial coloring, orchemical preservative, unless it bears labeling stating that fact; providedthat, to the extent that compliance with the requirements of this subsectionis impracticable, exemptions shall be established by regulations adopted bythe Board; or
12. If it fails to bear, directly thereon and on its containers, as the Boardmay by regulations prescribe, the official inspection legend andestablishment number of the establishment where the product was prepared and,unrestricted by any of the foregoing, such other information as the Board mayrequire in such regulations to assure that it will not have false ormisleading labeling and that the public will be informed of the manner ofhandling required to maintain the article in a wholesome condition.
§ 3.2-5402. Misbranded livestock product or poultry product.
Any livestock product or poultry product 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, in type ofuniform 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. Unless it bears a label showing: (i) the name and place of business of themanufacturer, packer, or distributor; and (ii) an accurate statement of thequantity of the product in terms of weight, measure, or numerical count;provided, that under this subsection, exemptions as to livestock products notin containers may be established by regulations prescribed by the Board; andprovided, further, that under clause (ii) of this subsection, reasonablevariations may be permitted, and exemptions as to small packages may beestablished for livestock products or poultry products by regulationsprescribed by the Board;
6. If any word, statement, or other information required by or underauthority of this chapter to appear on the label or other labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in 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 for which a definitionand standard of identity or composition has been prescribed by theregulations of the Board under § 3.2-5404 unless: (i) it conforms to suchdefinition and standard; and (ii) 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;
8. If it purports to be or is represented as a food for which a standard orstandards of fill of container have been prescribed by regulations of theBoard under § 3.2-5404 and it falls below the standard of fill of containerapplicable thereto, unless its label bears, in such manner and form as suchregulations specify, a statement that it falls below such standard;
9. If it is not subject to the provisions of subdivision 7, unless its labelbears: (i) the common or usual name of the food, if any there be; and (ii) incase it is fabricated from two or more ingredients, the common or usual nameof each such ingredient; except that spices, flavorings, and colorings may,when authorized by the Commissioner, be designated as spices, flavorings, andcolorings without naming each; provided that, to the extent that compliancewith the requirements of clause (ii) of this subsection is impracticable, orresults in deception or unfair competition, exemptions shall be establishedby regulations promulgated by the Board;
10. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Commissioner, after consultation with the U.S.Department of Agriculture, determines to be, and prescribes as, necessary inorder fully to inform purchasers as to its value for such uses;
11. If it bears or contains any artificial flavoring, artificial coloring, orchemical preservative, unless it bears labeling stating that fact; providedthat, to the extent that compliance with the requirements of this subsectionis impracticable, exemptions shall be established by regulations adopted bythe Board; or
12. If it fails to bear, directly thereon and on its containers, as the Boardmay by regulations prescribe, the official inspection legend andestablishment number of the establishment where the product was prepared and,unrestricted by any of the foregoing, such other information as the Board mayrequire in such regulations to assure that it will not have false ormisleading labeling and that the public will be informed of the manner ofhandling required to maintain the article in a wholesome condition.
§ 3.2-5402. Misbranded livestock product or poultry product.
Any livestock product or poultry product 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, in type ofuniform 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. Unless it bears a label showing: (i) the name and place of business of themanufacturer, packer, or distributor; and (ii) an accurate statement of thequantity of the product in terms of weight, measure, or numerical count;provided, that under this subsection, exemptions as to livestock products notin containers may be established by regulations prescribed by the Board; andprovided, further, that under clause (ii) of this subsection, reasonablevariations may be permitted, and exemptions as to small packages may beestablished for livestock products or poultry products by regulationsprescribed by the Board;
6. If any word, statement, or other information required by or underauthority of this chapter to appear on the label or other labeling is notprominently placed thereon with such conspicuousness (as compared with otherwords, statements, designs, or devices, in 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 for which a definitionand standard of identity or composition has been prescribed by theregulations of the Board under § 3.2-5404 unless: (i) it conforms to suchdefinition and standard; and (ii) 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;
8. If it purports to be or is represented as a food for which a standard orstandards of fill of container have been prescribed by regulations of theBoard under § 3.2-5404 and it falls below the standard of fill of containerapplicable thereto, unless its label bears, in such manner and form as suchregulations specify, a statement that it falls below such standard;
9. If it is not subject to the provisions of subdivision 7, unless its labelbears: (i) the common or usual name of the food, if any there be; and (ii) incase it is fabricated from two or more ingredients, the common or usual nameof each such ingredient; except that spices, flavorings, and colorings may,when authorized by the Commissioner, be designated as spices, flavorings, andcolorings without naming each; provided that, to the extent that compliancewith the requirements of clause (ii) of this subsection is impracticable, orresults in deception or unfair competition, exemptions shall be establishedby regulations promulgated by the Board;
10. If it purports to be or is represented for special dietary uses, unlessits label bears such information concerning its vitamin, mineral, and otherdietary properties as the Commissioner, after consultation with the U.S.Department of Agriculture, determines to be, and prescribes as, necessary inorder fully to inform purchasers as to its value for such uses;
11. If it bears or contains any artificial flavoring, artificial coloring, orchemical preservative, unless it bears labeling stating that fact; providedthat, to the extent that compliance with the requirements of this subsectionis impracticable, exemptions shall be established by regulations adopted bythe Board; or
12. If it fails to bear, directly thereon and on its containers, as the Boardmay by regulations prescribe, the official inspection legend andestablishment number of the establishment where the product was prepared and,unrestricted by any of the foregoing, such other information as the Board mayrequire in such regulations to assure that it will not have false ormisleading labeling and that the public will be informed of the manner ofhandling required to maintain the article in a wholesome condition.
