Sec. 21a-102. (Formerly Sec. 19-222). Misbranded food.
Sec. 21a-102. (Formerly Sec. 19-222). Misbranded food. A food shall be deemed
to be misbranded: (a) If its labeling is false or misleading in any particular. A statement
on the label or labeling either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered
misleading, unless the agency concerned has approved the statement prior to its use;
(b) if it is offered for sale under the name of another food; (c) 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; (d) if its container
is so made, formed or filled as to be misleading; (e) 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; provided, under subdivision (2) of this subsection,
reasonable variations shall be permitted, and exemptions as to small packages shall be
established by regulations promulgated by the commissioner and director, acting jointly;
(f) if any information or other word or statement, required by or under authority of this
chapter 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; (g) if it purports to be or
simulates or is represented as a food for which a definition and standard of identity has
been prescribed by regulations as provided by section 21a-100, unless (1) it conforms
to such definition and standard, and (2) its label bears the name of the food specified in
the definition and standard, and, so far as may be required by such regulations, the
common names of optional ingredients, other than spices, flavoring and coloring, present
in such food; (h) if it purports to be or is represented as (1) a food for which a standard
of quality has been prescribed by regulations as provided by section 21a-100 and its
quality falls below such standard, unless its label bears, in such manner and form as
such regulations specify, a statement that it falls below such standard; or (2) a food for
which a standard or standards of fill of container have been prescribed by regulations as
provided by section 21a-100, 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; (3) a food for which no definition and standard
of identity and no standard of quality has been prescribed by regulations as provided
by section 21a-100, and it falls below the standard of purity, quality or strength which
it purports or is represented to possess; (i) if it is not subject to the provisions of subsection
(g) of this section, unless its label bears (1) the common or usual name of the food, if
any, and (2) if it is fabricated from two or more ingredients, the common or usual name
of each such ingredient; except that spices, flavorings and colorings, other than those
sold as such, may be designated as spices, flavorings and colorings without naming
each; provided, to the extent that compliance with the requirements of subdivision (2)
of this subsection is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner and director,
acting jointly; (j) 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 is necessary in order fully to inform purchasers as to its value for such
uses, as provided by regulations promulgated by the commissioner and director, acting
jointly; (k) if it bears or contains any artificial flavoring, artificial coloring, artificial
sweetening or chemical preservative, unless it bears labeling stating that fact; provided,
to the extent that compliance with the requirements of this subsection is impracticable,
exemptions shall be established by regulations promulgated by the commissioner and
director, acting jointly.
(1949 Rev., S. 3940; 1951, S. 2092d; 1953, S. 2093d; 1955, S. 2094d.)
History: Sec. 19-222 transferred to Sec. 21a-102 in 1983.
Annotations to former section 19-222:
Cited. 179 C. 471.
Cited. 40 CS 246.