US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-123.  FOOD DEEMED MISBRANDED. A food shall be deemed to be misbranded--
    (a)  If its labeling is false or misleading in any particular.
    (b)  If it is offered for sale under the name of another food.
    (c)  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)  If its container is so made, formed, or filled as to be misleading.
    (e)  If in package form, unless it bears a label containing (1) the name
and place of business of the manufacturer, packer, or distributor; (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 paragraph
reasonable variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the board.
    (f)  If any word, statement, or other information required by or under
authority of this act to appear on the label or labeling is not prominently
placed thereon with such conspicuousness (as compared with other words,
statements, designs, or devices, 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)  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 37-121, 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, in so far as may be required by such
regulations, the common names of optional ingredients (other than spices,
flavoring, and coloring) present in such food.
    (h)  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 section
37-121 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 regulation as provided by section 37-121,
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)  If it is not subject to the provisions of paragraph (g) of this
section, unless it bears labeling clearly giving (1) the common or usual name
of the food, if any there be, and (2) in case it is fabricated from two or
more ingredients, the common or usual name of each such ingredient; except
that spices, flavorings, and colorings, other than those sold as such, may be
designated as spices, flavorings, and colorings, without naming each;
Provided, that, to the extent that compliance with the requirements of clause
(2) of this paragraph is impractical or results in deception or unfair
competition, exemptions shall be established by regulations promulgated by the
board.
    (j)  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 board determines to be, and by regulations
prescribed, as, necessary in order to fully inform purchasers as to its value
for such uses.
    (k)  If it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating that
fact; Provided, that to the extent that compliance with the requirements of
this paragraph is impracticable, exemptions shall be established by
regulations promulgated by the board.