§347 — Title 21 Food and Drugs | U.S. Code

Summary

Colored oleomargarine made and sold inside the same State must follow the same federal rules as if it crossed state lines. You may not sell colored oleomargarine unless it is packaged, each retail package is one pound or less, the label shows the word "oleomargarine" or "margarine" in letters at least as large as any other wording and lists all ingredients, and every portion inside has a wrapper saying "oleomargarine" or "margarine" in type no smaller than 20-point. In restaurants and other public eating places, a clear notice or a menu entry must say oleomargarine or margarine is served, and each serving must be labeled or be triangular in shape, even if it is free. If the product meets the sale-label rules above, it is excused from most labeling rules in section 343 except paragraphs (a) and (f). "Colored" means a tint over one and six-tenths degrees of yellow (or yellow plus red with more yellow) on the Lovibond scale.

Title 21, §347

Food and Drugs — Source: USLM XML via OLRC

(a)Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this chapter as if it had been introduced in interstate commerce.

(b)No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless—

(1)such oleomargarine or margarine is packaged,

(2)the net weight of the contents of any package sold in a retail establishment is one pound or less,

(3)there appears on the label of the package (A) the word “oleomargarine” or “margarine” in type or lettering at least as large as any other type or lettering on such label, and (B) a full and accurate statement of all the ingredients contained in such oleomargarine or margarine, and

(4)each part of the contents of the package is contained in a wrapper which bears the word “oleomargarine” or “margarine” in type or lettering not smaller than 20-point type.

(c)No person shall possess in a form ready for serving colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary individual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleomargarine or colored margarine at a public eating place, whether or not any charge is made therefor, unless (1) each separate serving bears or is accompanied by labeling identifying it as oleomargarine or margarine, or (2) each separate serving thereof is triangular in shape.

(d)Colored oleomargarine or colored margarine when served with meals at a public eating place shall at the time of such service be exempt from the labeling requirements of section 343 of this title (except paragraphs (a) and (f)) if it complies with the requirements of subsection (b) of this section.

(e)For the purpose of this section colored oleomargarine or colored margarine is oleomargarine or margarine having a tint or shade containing more than one and six-tenths degrees of yellow, or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equivalent.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Act Mar. 16, 1950, ch. 61, § 7, 64 Stat. 22, provided that: “This Act [enacting this section and section 347a and 347b of this title and amending section 331 and 342 of this title and section 45 and 55 of Title 15, Commerce and Trade] shall become effective on

July 1, 1950.” Transfer of AppropriationsAct Mar. 16, 1950, ch. 61, § 5, 64 Stat. 22, provided that: “So much of the unexpended balances of appropriations, allocations, or other funds (including funds available for the fiscal year ending

June 30, 1950) for the use of the Bureau of Internal Revenue of the Treasury Department in the exercise of functions under the Oleomargarine Tax Act (26 U.S.C., § 2300, subchapter A) [now section 4591 et seq. of Title 26, Internal Revenue Code], as the Director of the Bureau of the Budget [now Director of the Office of Management and Budget] may determine, shall be transferred to the Federal Security Agency (Food and Drug Administration) [now the Department of Health and Human Services] for use in the

Enforcement

of this Act [see

Effective Date

note above].”

§347 Intrastate sales of colored oleomargarine

Summary

Title 21, §347

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Enforcement

Effective Date

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