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2017 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 4 - Food, Drugs, and Cosmetics
Chapter 56 - General Provisions
Subchapter 2 - Food, Drug, and Cosmetic Act
§ 20-56-209. Misbranded food
Universal Citation: AR Code § 20-56-209 (2017)
- A food 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 of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated;
- (4) If its container is so made, formed, or filled as to be misleading;
- (5) If in package form, unless it bears a label containing:
- (A) The name and place of business of the manufacturer, packer, or distributor; and
- (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the State Board of Health;
- (6) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as considered 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;
- (7) 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 § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, unless:
- (A) It conforms to the definition and standard; and
- (B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by regulations, the common names of optional ingredients other than spices, flavoring, and coloring present in the food;
- (8) If it purports to be or is represented as:
- (A) A food for which a standard of quality has been prescribed by regulations as provided in § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act and its quality falls below the standard, unless its label bears, in such manner and form as the regulations specify, a statement that it falls below the standard; or
- (B) A food for which a standard of fill of container has been prescribed by regulations as provided by § 20-56-219, and it falls below the standard of fill of container applicable thereto unless its label bears, in such manner and form as the regulations specify, a statement that it falls below the standard;
- (9) If it is not subject to the provisions of subdivision (7) of this section, unless it bears labeling clearly giving:
- (A) The common or usual name of the food, if there is any; and
- (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each.
- (C) However, to the extent that compliance with the requirements of subdivision (9)(B) of this section is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the State Board of Health;
- (10) 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;
- (11) 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 subdivision (11) is impracticable, exemptions shall be established by regulations promulgated by the board; and
- (12) If it is a product intended as an ingredient of another food and, when used according to the directions of the purveyor, will result in the final food product's being adulterated or misbranded.
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