224 



Ing a food adulterated if It Is. or It bears or contains, a 

 color additive which is unsafe within the meaning of 

 section 376 of this title for provisions which related to 

 food that bears or contains a coal-tar color other than 

 one from a batch that has been certified In accordance 

 with regulations as provided by section 346 of this title. 

 and eliminated provisos which related to the use of color 

 on oranges. 



Subsec (d) Pub L 86-618. § 105(c). substituted "au- 

 thorized coloring" for "harmless coloring." 



1959 — Subsec. (c). Pub. L. 86-2 extended from March 

 1. 1959 to May 1. 1959, the period during which subsection 

 Is Inapplicable to oranges which have been colored with 

 P. D. & C. Red 32. and Inserted proviso requiring Secretary 

 to establish regulations prescribing the conditions under 

 which Citrus Red No. 2 may be safely used in coloring 

 certain mature oranges, and providing for separately list- 

 ing and for certification of batches of such color. 



§ 343. Misbranded food. 



A food shall be deemed to De misbranded — 



(a) False or misleading label. 



If (1) Its labeling Is false or misleading in any 

 particular, or (2) in the case of a food to which 

 section 350 applies, its advertising is false or mis- 

 leading in a material respect or its labeling Is In 

 violation of section 350(b) (2) . 



(b) Offer for sale under another name. 



If it is offered for sale under the name of another 

 food. 



(c) Imitation of another food. 



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 imitated. 



(d) Misleading container. 



If its container is so made, formed, or filled as to 

 be misleading. 



(e) Package form. 



If in package form unless it bears a label contain- 

 ing (1) the name and place of business of the manu- 

 facturer, packer, or distributor; and (2) an accurate 

 statement of the quantity of the contents in terms of 

 weight, measure, or numerical count: Provided, That 

 under clause (2) of this subsection reasonable varia- 

 tions shall be permitted, and exemptions as to small 

 packages shall be established, by regulations pre- 

 scribed by the Secretary. 



(f) Prominence of information on label. 



If any word, statement, or other information re- 

 quired by or under authority of this chapter to ap- 

 pear on the label or labeling is not prominently 

 placed thereon with such conspicuousness (as com- 

 pared with other words, statements, designs, or de- 

 vices, in the labeling) and in such terms as to render 

 it likely to be read and understood by the ordinary 

 Individual under customary conditions of purchase 

 and use. 



(g) Representation as tu definition and standard of 

 identity. 



If it purports to be or is represented as a food for 

 which a definition and standard of identity has been 

 prescribed by regulations as provided by section 341 

 of this title, unless (1) it conforms to such definition 

 and standard, and (2) its label bears the name of 



the food specified In the definition and standard, 

 and, insofar as may be required by such regulations, 

 the common names of optional ingredients (other 

 than spices, flavoring, and coloring) present In such 

 food. 



(h) Representation as to standards of quality and fill 

 of container. 

 If it purports to be or is represented as — 



(1) a food for which a standard of quality has 

 been prescribed by regulations as provided by sec- 

 tion 341, and its quality falls below such standard, 

 unless its label bears, in such manner and form as 

 such regulations specify, a statement that it falls 

 below such standard: or 



(2) a food for which a standard or standards of 

 fill of container have been prescribed by regula- 

 tions as provided by section 341 of this title, and 

 it falls below the standard of fill of container 

 applicable thereto, unless its label bears, in such 

 manner and form as such regulations specify, a 

 statement that it falls below such standard. 



(i) Label where no representation as to definition and 

 standard of identity. 



If it is not subject to the provisions of subsection 

 (g) of this section unless its label bears (1) the com- 

 mon or usual name of the food, if any there be, and 

 (2) In case It is fabricated from two or more in- 

 gredients, the common or usual name of each such 

 ingredient; except that spices, flavorings, and color- 

 ings, other than those sold as such, may be desig- 

 nated as spices, flavorings, and colorings without 

 naming each: Provided. That, to the extent that 

 compliance with the requirements of clause (2> of 

 this subsection is impracticable, or results in decep- 

 tion or unfair competition, exemptions shall be 

 established by regulations promulgated by the 

 Secretary. 



(j) Representation for special dietary use. 



If it purports to be or is represented for special 

 dietary uses, unless Its label bears such information 

 concerning Its vitamin, mineral, and other dietary 

 properties as the Secretary determines to be, and 

 by regulations prescribes as, necessary in order fully 

 to Inform purchasers as to its value for such uses. 



(k) Artificial flavoring, artificial coloring, or chemical 

 preservatives. 

 If it bears or contains any artificial flavoring, arti- 

 ficial coloring, or chemical preservative, unless it 

 bears labeling stating that fact: Provided, That to 

 the extent that compliance with the requirements of 

 this subsection is impracticable, exemptions shall be 

 established by regulations promulgated by the Sec- 

 retary. The provisions of this subsection and sub- 

 sections (g) and (i) of this section with respect to 

 artificial coloring shall not apply in the case of 

 butter, cheese, or ice cream. The provisions of this 

 subsection 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. 



