§ 106-128. Establishment of reasonable standards of quality by Board of Agriculture.
§ 106‑128. Establishment of reasonable standards of quality by Board of Agriculture.
Whenever in the judgment of the Board of Agriculture such action willpromote honesty and fair dealing in the interest of consumers, the Board shallpromulgate regulations fixing and establishing for any food or class of food areasonable definition and standard of identity, and/or reasonable standard ofquality and/or fill of container. In prescribing a definition and standard ofidentity for any food or class of food in which optional ingredients arepermitted, the Board shall, for the purpose of promoting honesty and fairdealing in the interest of consumers, designate the optional ingredients whichshall be named on the label. The definitions and standards so promulgated shallconform so far as practicable to the definitions and standards promulgated bythe Commissioner of the Federal Food and Drug Administration under authorityconferred by section 401 of the federal act.
Temporary permits now or hereafter granted for interstate shipment ofexperimental packs of food varying from the requirements of federal definitionsand standards of identity are automatically effective in this State under theconditions provided in such permits. In addition, the Board of Agriculture maycause to be issued additional permits where they are necessary to thecompletion or conclusiveness of an otherwise adequate investigation and wherethe interests of consumers are safeguarded. Such permits are subject to theterms and conditions the Board of Agriculture may prescribe by regulation. (1939, c. 320, s. 9; 1975, c. 614, ss. 11, 12.)