Section 720.40 Food

Section 720

Section 720.40  Food

a)         Food:  Labeling; Misbranding.

1)         Among representations in the labeling of a food which renders

such food misbranded is a false or misleading representation with respect to

another food or a drug, device or cosmetic.

2)         The labeling of a food which contains two or more ingredients

may be misleading by reason (among other reasons) of the designation of such

food in such labeling by a name which includes or suggests the name of one or

more but not all such ingredients, even though the names of all such

ingredients are stated elsewhere in the labeling.

b)         Food Labeling in Package Form; Identify.

1)         The label of a food in package form shall bear as one of its

principal features a statement of the identity of the commodity.

2)         Such statement of identity shall be in terms of:

A)        The name now or hereafter specified in or required by any

applicable law or regulation; or, in the absence thereof,

B)        The common or usual name of the food; or, in the absence

thereof,

C)        An appropriately descriptive term or, when the nature of the

food is obvious, a fanciful name commonly used by the public for such food.

3)         Where a food is marketed in various optional forms (whole,

sliced, diced, etc.), the particular form shall be considered to be a necessary

part of the statement of identity and shall be declared in letters of a type

size bearing a reasonable relation to the size of the letters forming the other

components of the statement of identity; except that if the optional form is

visible through the container or is depicted by an appropriate vignette, the

particular form need not be included in the statement.  This specification does

not affect the required declarations of identity under definitions and

standards for Foods promulgated pursuant to Section 9 of the Act

letters forming the other

components of the statement of identity; except that if the optional form is

visible through the container or is depicted by an appropriate vignette, the

particular form need not be included in the statement.  This specification does

not affect the required declarations of identity under definitions and

standards for Foods promulgated pursuant to Section 9 of the Act.

4)         This statement of identity shall be presented in bold type on

the label, shall be in a size reasonably related to the most prominent printed

matter on such label, and shall be in lines generally parallel to the base on

which the package rests as it is designated to be displayed.

c)         Food:  Labeling; Prominence of Required Statements.

A word, statement

or other information required by or under authority of the Act to appear on the

label may lack that prominence and conspicuousness required by Section 11(f) of

the Act by reason (among other reasons) of:

1)         The failure of such word, statement or information to appear

on the part or panel of the label which is presented or displayed under

customary conditions of purchase;

2)         The failure of such word, statement or information to appear

on two or more parts or panels of the label, each of which has sufficient space

therefore, and each of which is so designed as to render it likely to be, under

customary conditions of purchase, the part or panel displayed;

3)         The failure of the label to extend over the area of the

container or package available for such extension, so as to provide sufficient

label space for the prominent placing of such word, statement or information;

4)         Insufficiency of label space (for the prominent placing of

such word, statement or information) resulting from the use of label space for

any word, statement, design or device which is not required by or under

authority of the Act to appear on the label;

5)         Insufficiency of label space (for the prominent placing of

such word, statement

of such word, statement or information;

4)         Insufficiency of label space (for the prominent placing of

such word, statement or information) resulting from the use of label space for

any word, statement, design or device which is not required by or under

authority of the Act to appear on the label;

5)         Insufficiency of label space (for the prominent placing of

such word, statement or information) resulting from the use of label space to

give materially greater conspicuousness to any other word, statement or

information, or to any design or device; or

6)         Smallness or style of type in which such word, statement or

information appears, insufficient background contrast, obscuring designs or

vignettes, or crowding with other written, printed or graphic matter.

d)         No exemption depending on insufficiency of label space, as

prescribed in regulation promulgated under Section 11(i) of the Act, shall

apply if such insufficiency is caused by:

1)         The use of label space for any word, statement, design or

device which is not required by or under authority of the Act to appear on the

label;

2)         The use of label space to give greater conspicuousness to any

word, statement or other information than is required by Section 11(f) of the

Act; or

3)         The use of label space for any representation in a foreign

language.

e)

1)         All words, statements and other information required by or

under authority of the Act to appear on the label or labeling shall appear

thereon in the English language;

2)         If the label contains any representation in a foreign

language, all words, statements and other information required by or under

authority of the Act to appear on the label shall appear thereon in the foreign

language;

3)         If the labeling contains any representation in a foreign

language, all words, statements and other information required by or under

authority of the Act to appear on the label or labeling shall appear on the

labeling in the foreign lan

rds, statements and other information required by or under

authority of the Act to appear on the label shall appear thereon in the foreign

language;

3)         If the labeling contains any representation in a foreign

language, all words, statements and other information required by or under

authority of the Act to appear on the label or labeling shall appear on the

labeling in the foreign language.

f)         Food:  Labeling; Designation of Ingredients.

The name of an

ingredient (except a spice, flavoring or coloring which is an ingredient of a

food other than one sold as a spice, flavoring or coloring), required by

Section 11(i)(2) of the Act to be borne on the label of a food, shall be a

specific name and not a collective name.  But if an ingredient (which itself

contains two or more ingredients) conforms to a definition and standard of

indentity prescribed by regulations under Section 9 of the Act, such ingredient

may be designated on the label of such food by the name specified in the

definition and standard, supplemented, in case such regulations require the

naming of optional ingredients present in such ingredient, by a statement

showing the optional ingredients which are present in such ingredient.

g)         No ingredient shall be designated on the label as a spice,

flavoring or coloring unless it is a spice, flavoring or coloring, as the case

may be, within the meaning of such term as commonly understood by consumers.

The term "coloring" shall not include any bleaching substance.

h)         An ingredient which is both a spice and a coloring, or both a

flavoring and a coloring, shall be designated as spice and coloring, or

flavoring and coloring, as the case may be, unless such ingredient is

designated by its specific name

the case

may be, within the meaning of such term as commonly understood by consumers.

The term "coloring" shall not include any bleaching substance.

h)         An ingredient which is both a spice and a coloring, or both a

flavoring and a coloring, shall be designated as spice and coloring, or

flavoring and coloring, as the case may be, unless such ingredient is

designated by its specific name.

i)          In the case of fabricated foods, including mixtures of food

ingredients, where the proportion of an expensive ingredient or ingredients

present has a material bearing on price or consumer acceptance, the label of

such food shall bear a quantitative statement of such ingredient(s) if the

label without such declaration may create an erroneous impression that such

ingredient or ingredients are present in an amount greater than is actually the

case.  For example, a label designation of identity as "cotton seed oil

and olive oil" for a mixture containing 80 percent or more of cotton seed

oil would require a declaration of the percent of olive oil present.

Similarly, a representation by vignette or statement of identity that a

breakfast syrup is made from a mixture of sugar syrup and maple sugar syrup

would necessitate a quantitative declaration of the maple sugar syrup unless

more than 20 percent maple sugar syrup is present.

j)          In the case of an assortment of different items of food, when

variations in the items which make up different packages packed from such

assortment normally occur in good packing practice, and when such variations

result in variations in the ingredients in different packages, such food shall

be exempt from compliance with the requirements of clause (2) of Section 11(i)

of the Act with respect to any ingredient which is not common to all packages

od, when

variations in the items which make up different packages packed from such

assortment normally occur in good packing practice, and when such variations

result in variations in the ingredients in different packages, such food shall

be exempt from compliance with the requirements of clause (2) of Section 11(i)

of the Act with respect to any ingredient which is not common to all packages.

But such exemption shall be on the condition that the label shall bear, in

conjunction with the name of such ingredients as are common to all packages, a

statement in terms which are as informative as practicable and which are not

misleading, indicating that other ingredients may be present.

k)         A food shall be exempt while held for sale from the

requirements of clause (2) of Section 11(i) of the Act (requiring a declaration

on the label of the common or usual name of each ingredient when the food is

fabricated from two or more ingredients) if said food, having been received in

bulk containers at a retain establishment, is displayed to the purchaser with

either

1)         the labeling of the bulk container plainly in view, or

2)         a counter card, sign or other appropriate device bearing

prominently and conspicuously the information required to be stated on the

label pursuant to clause (2) of Section 11(i) of the Act.

l)          Propylene glycol or glycerin present in quiescently frozen

confections because of use as a carrier for food-grade emulsifiers and stabilizers

is exempt from the requirements of Section 11(i)(2) of the Act (requiring a

declaration on the label of the common or usual name of each ingredient when

the food is fabricated from two or more ingredients).

m)        Ingredients shall be listed by common or usual name in order of

decreasing predominance.  The declaration shall be presented on any appropriate

information panel in adequate type size, without obscuring design, vignettes or

crowding

the Act (requiring a

declaration on the label of the common or usual name of each ingredient when

the food is fabricated from two or more ingredients).

m)        Ingredients shall be listed by common or usual name in order of

decreasing predominance.  The declaration shall be presented on any appropriate

information panel in adequate type size, without obscuring design, vignettes or

crowding.  The entire ingredient statement shall appear on a single panel of

the label.

n)         Food:  Labeling; Artificial Flavoring or Coloring, Chemical

Preservatives.

1)         The term "artificial flavoring" means a flavoring

containing any sapid or aromatic constituent, which constituent was

manufactured by a process of synthesis or other similar artifice.

2)         The term "artificial coloring" means a coloring

containing any dye or pigment, which dye or pigment was manufactured by a

process of synthesis or other similar artifice, or a coloring which was

manufactured by extracting a natural dye or natural pigment from a plant or

other material in which such dye or pigment was naturally produced.

3)         The term "chemical preservative" means any chemical

that, when added to food, tends to prevent or retard deterioration thereof, but

does not include common salt, sugars, vinegars, spices or oils extracted from

spices, substances added to food by direct exposure thereof to wood smoke, or

chemicals applied for their insecticidal or herbicidal properties.

o)         A food which is subject to the requirements of Section 11(k)

of the Act shall bear labeling, even though such food is not in package form.

p)         A statement of artificial flavoring, artificial coloring, or

chemical preservative shall be placed on the food, or on its container or wrapper,

or on any two or all of these, as may be necessary to render such statement

likely to be read by the ordinary individual under customary conditions of

purchase and use of such food

bear labeling, even though such food is not in package form.

p)         A statement of artificial flavoring, artificial coloring, or

chemical preservative shall be placed on the food, or on its container or wrapper,

or on any two or all of these, as may be necessary to render such statement

likely to be read by the ordinary individual under customary conditions of

purchase and use of such food.

q)         A food shall be exempt from compliance with the requirements

of Section 11(k) of the Act if it is not in package form and the units thereof

are so small that a statement of artificial flavoring, artificial coloring, or

chemical preservative, as the case may be, cannot be placed on such units with

such conspicuousness as to render it likely to be read by the ordinary

individual under customary conditions of purchase and use.

r)          A food shall be exempt while held for sale from the

requirements of Section 11(k) of the Act (requiring label statement of any

artificial flavoring, artificial coloring, or chemical preservative) if said

food, having been received in bulk containers at a retail establishment, is

displayed to the purchaser with either

1)         the labeling of the bulk container plainly in view, or

2)         a counter card, sign or other appropriate device bearing

prominently and conspicuously the information required to be stated on the

label pursuant to Section 11(k) of the Act.

s)         A fruit or vegetable shall be exempt from compliance with the

requirements of Section 11(k) of the Act with respect to a chemical

preservative applied to the fruit or vegetable as a pesticide chemical prior to

harvest.