§ 23-1-40 - Misrepresentation on menu of food or food products.
SECTION 23-1-40
§ 23-1-40 Misrepresentation on menu offood or food products. – (a) It shall be unlawful for any person, firm, or corporation to misrepresenton a menu the identity of any food or food products to any of the patrons orcustomers of eating establishments including, but not limited to, restaurants,hotels, cafes, lunch counters, or other places where food is regularly preparedand sold for consumption on or off the premises.
(b) The identity of any food or food products shall be deemedmisrepresented if:
(1) Its description is false or misleading in any particular;
(2) Its description omits information which, by its omission,renders the description false or misleading in any particular;
(3) It is served, sold, or distributed under the name ofanother food or food product; or
(4) It purports to be or is represented as a food or foodproduct for which a definition of identity and standard of quality has beenestablished by custom and usage unless it conforms to that definition andstandard.
(c) Any person, firm, or corporation who violates anyprovisions of this section shall be guilty of a misdemeanor and for eachviolation and misrepresentation on a menu shall be punished by a fine of notmore than five hundred dollars ($500).
(d) This section shall not apply to any section or sectionsof a retail food or grocery store which do not provide facilities forconsumption of food or food products on the premises.
(e) The director of health is authorized to promulgatereasonable rules and regulations that are necessary to carry into effect theprovisions of this section. The department of health shall have concurrentjurisdiction with the department of attorney general in the enforcement of thissection.