Section 9. Misbranding of food.
(a) General rule.--A food shall 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, unless its
label bears, in type of uniform size and prominence, the word
"imitation" and, immediately thereafter, the name of the food
that is simulated.
(4) If its container is so made, formed or filled as to
be misleading.
(5) If it is in a package that does not bear 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.
Reasonable variations are permitted and exemptions as to
small packages shall be established in regulations
promulgated by the secretary.
(6) If it is represented as a food for which a
definition and standard of identity has been prescribed by
regulation under this act or under any of the Federal acts,
unless it conforms to the definition and standard and its
label bears the name of the food specified in the definition
and standard and the common names of optional ingredients,
other than spices, flavoring and coloring, present in the
food.
(7) Unless its label bears the following:
(i) The common or usual name of the food, if any.
(ii) If made from two or more ingredients, the
common or usual name of each ingredient is listed in
descending order of predominance by weight, except that
spices, flavorings and colorings not required to be
certified under any of the Federal acts, other than those
sold as such, may be designated as spices, flavorings and
colorings without naming each.
(8) If it is represented for special dietary uses,
unless its label bears such information concerning its
vitamin, mineral and other dietary properties as determined
by regulation to be necessary and in order to inform
purchasers as to its value for such use.
(9) If it bears or contains any artificial flavoring,
artificial coloring or chemical preservative, unless it bears
labeling stating that fact. Exemptions shall be established
by regulations to the extent that compliance with
requirements of this paragraph is impracticable. The
provisions of this paragraph or paragraphs (6) and (7) with
respect to artificial coloring shall not apply in the case of
butter, cheese or ice cream. The provisions of this paragraph
with respect to chemical preservatives shall not apply to a
pesticide chemical when used in or on a raw agricultural
commodity which is the produce of the soil.
(10) If it is a raw agricultural commodity bearing or
containing a pesticide chemical applied after harvest, unless
the shipping container of the commodity bears labeling which
declares the presence of the chemical and the common or usual
name and function of the chemical. A declaration shall not be
required when the commodity is removed from the shipping
container and is held or displayed for sale at retail in
accordance with the custom of the trade.
(11) If it is a color additive, unless its packaging and
labeling are in conformity with the packaging and labeling
requirements applicable to color additives in department
regulations.
(12) If, at the site of purchase of the particular food,
a sign, placard or other graphic matter relating to the food
is false or misleading in any particular.
(b) Exceptions.--The provisions of subsection (a)(1) through (11) shall not apply to the following:
(1) Bakery goods sold at retail by the bakery directly
to the consumer in a store or market stand operated by the
bakery. The bakery goods must be made by the bakery, the
bakery must guarantee that they are in compliance with this
act in all other respects and the required information in
subsection (a)(1) through (9) must be available to the public
at the point of sale.
(2) Bakery goods sold to the operators of public eating
places, when the required information in subsection (a)(1)
through (11) is available to the public on the premises of
the public eating place.
(c) Nonpackaged food.--Food offered for retail sale in other than package form shall be accompanied by a sign, placard or notice listing the ingredients in descending order of predominance by weight.