2005 California Health and Safety Code Sections 113095-113110 Article 5. Misbranding

HEALTH AND SAFETY CODE
SECTION 113095-113110

113095.  A pet food ingredient or processed pet food shall be deemed
to be misbranded:
   (a) If its labeling is false or misleading in any particular.
   (b) If its container is so made, formed or filled as to be
misleading.
   (c) If in package form, unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or
distributor; and (2) an accurate statement of the quantity of the
contents in terms of weight, measure or numerical count.
   Under clause (2) of subdivision (c), reasonable variation shall be
permitted, and exemptions as to small packages shall be established,
by regulations prescribed by the department.
   (d) If any word, statement or other information required by or
under authority of this chapter to appear on the label or labeling is
not prominently placed thereon with conspicuousness (as compared
with other words, statements, designs or emblems, in the labeling)
and in terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.
113100.  A pet food shall be deemed to be misbranded if it is not
subject to Section 113105, unless its label bears (a) the common or
usual name of the food, if any there be, and (b) in case it is
fabricated from two or more ingredients, the common or usual name of
each ingredient listed in descending order of predominance in the
product.  Spices, flavorings, and colorings, other than those sold as
such, may be designated as spices, flavorings, and colorings,
without naming each.
113105.  A processed pet food shall be deemed to be misbranded 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 113115 unless (a) it conforms to the definition
and standard, and (b) its label bears the name of the processed pet
food specified in the definition and standard, and, insofar as may be
required by regulations, the common names of optional pet food
ingredients present in processed pet food.  Spices, flavorings, and
colorings, other than those sold as such, may be designated as
spices, flavorings, and colorings, without naming each.
113110.  A processed pet food shall be deemed to be misbranded:
   (a) If it purports to be or is represented for special dietary
uses, unless its label bears information concerning its vitamin,
mineral, and other dietary properties as the department determines to
be, and by regulations prescribes as, necessary in order fully to
inform purchasers as to its value for those uses.
   (b) If it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating
that fact.  To the extent that compliance with the requirements of
this paragraph is impracticable, exemptions shall be established by
regulations promulgated by the department.


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