583.355 - “Misbranded” defined.
583.355 “Misbranded” defined. “Misbranded” applies to any livestock or poultry carcass, part of either carcass, meat or meat food product if:
1. Its labeling is false or misleading in any particular.
2. It is offered for sale under the name of another food.
3. 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. Its container is so made, formed or filled as to be misleading.
5. It is in a package or other container which does not bear a label showing:
(a) The name and place of business of the manufacturer, packer or distributor; and
(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.
Ê Under paragraph (b), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Officer.
6. Any word, statement or other information required by or under authority of NRS 583.255 to 583.555, inclusive, 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.
7. It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act, 21 U.S.C. § 607 or section 8 of the Wholesome Poultry Products Act, 21 U.S.C. § 457, 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.
8. 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 Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act, 21 U.S.C. § 607, or section 8 of the Wholesome Poultry Products Act, 21 U.S.C. § 457, 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.
9. It is not subject to the provisions of subsection 7, unless its label bears:
(a) The common or usual name of the food, if any; and
(b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the Officer, be designated as spices, flavorings and colorings without naming each.
Ê To the extent that compliance with the requirements of paragraph (b) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Officer.
10. 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 Officer determines to be, and by regulations prescribed as, necessary in order fully to inform purchasers as to its value for such uses.
11. 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 regulations promulgated by the Officer.
12. It fails to bear, directly thereon or on its container, as the Officer may by regulations prescribe, the inspection legend and, unrestricted by any requirement of this section, such other information as the Officer may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
(Added to NRS by 1969, 984; A 1971, 892)