2007 California Food and Agricultural Code Article 5. Misbranding

CA Codes (fac:18781-18789)

18781.  A livestock or poultry product is misbranded in each of the
following cases:
   (a) Its labeling is false or misleading in any particular.
   (b) It is offered for sale under the name of another food.
   (c) 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) Its container is so made, formed, or filled as to be
misleading.


18782.  A livestock or poultry product is misbranded unless it bears
a label showing all of the following:
   (a) The name and place of business of the manufacturer, packer, or
distributor.
   (b) An accurate statement of the quantity of the product in terms
of weight, measure, or numerical count.
   The director may permit reasonable variations, exemptions as to
small packages and exemptions as to any livestock product not in a
container, that conforms to the purposes of this chapter.




18783.  A livestock or poultry product is misbranded if any word,
statement, or other information required by, or under authority of,
this chapter to appear on the label or other 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.


18784.  A livestock or poultry product is misbranded if it purports
to be, or is represented, as a food for which a definition and
standard of identity or composition has been prescribed by the
regulations of the director under Section 18731 unless it conforms to
such definition and standard, and 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.


18785.  A livestock or poultry product is misbranded if it purports
to be, or is represented as, a food for which a standard or standards
of fill of container have been prescribed by regulations of the
director under this chapter, 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.



18786.  A livestock or poultry product is misbranded if it is not
subject to the provisions of Section 18784, unless its label bears
the common or usual name of the food, if any, and in case it consists
of two or more ingredients, the common or usual name of each such
ingredient.  The director may, however, permit spices, flavorings,
and colorings to be designated as spices, flavorings, and colorings
without naming each, and to the extent that compliance with the
requirements of Section 18784 are impracticable, or results in
deception or unfair competition, by granting exemptions that conform
to the purposes of this chapter.


18787.  A livestock or poultry product is misbranded if it purports
to be, or is represented to be, for special dietary uses, unless its
label bears such information concerning its vitamin, mineral, and
other dietary properties as the director, after consultation with the
Secretary of Agriculture of the United States, determines is
necessary to fully inform purchasers as to its value for such uses.




18788.  A livestock or poultry product is misbranded if it bears or
contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it is so indicated on the label.  To the extent
that compliance with the requirements of this section is
impracticable, the director may establish exemptions that conform to
the purposes of this chapter.



18789.  A livestock or poultry product is misbranded if it fails to
bear, directly upon the livestock or poultry product and on its
container, as the director may prescribe, the official inspection
legend and establishment number of the establishment where the
product was prepared.  The director may require such other
information as he deems necessary to assure that the product will not
have false or misleading labeling and that the public will be
informed of the manner of handling required to maintain the livestock
or poultry product in a wholesome condition.