When food deemed misbranded
- • rules
A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325 (Consumer commodity labeling requirements).
(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:
(a) 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 net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.
(b) The same reasonable variations allowed in ORS chapter 618 shall be permitted.
(c) Exemptions as to small packages shall be established by rules promulgated by the State Department of Agriculture.
(6) If any word, statement or other information required by or under authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) 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.
(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230 (Definitions and standards), unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, the common names of optional ingredients, other than spices, flavoring and coloring present in such food.
(8) If it purports to be or is represented as a food for which a standard of quality has been prescribed by rule as provided by ORS 616.230 (Definitions and standards) and its quality falls below the standards such rule specifies, a statement that it falls below such standard.
(9) If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230 (Definitions and standards), and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.
(10) If it is not subject to the provisions of subsection (7) of this section, 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 such ingredient.
However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.
(11) 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 department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.
(12) 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 subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.
(13) If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.
(14) If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.
(15) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.
(16) If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, "salvaged" means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident. [Amended by 1953 c.267 §2; 1973 c.227 §8; 1973 c.563 §1; 1983 c.740 §232; 1989 c.1025 §9; 2001 c.320 §4]
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