53-7-205 - Official inspection marks and required labeling Conforming products acceptable for intrastate commerce False or misleading labels.
53-7-205. Official inspection marks and required labeling Conforming products acceptable for intrastate commerce False or misleading labels.
(a) (1) Each shipping container of any meat, meat food product, or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed.
(2) (A) Each immediate container of any meat, meat food product or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients, if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors or preservatives, where the food additives are permitted by this part or regulations, the net weight or other appropriate measure of the contents, the name and address of the processor and the approved plant number of the official establishment in which the contents were processed.
(B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed.
(3) Each livestock carcass and each primal part of a livestock carcass and meat by-products as hearts and livers shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment.
(4) The commissioner may by rules and regulations require additional marks or label information to appear on livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products or poultry products when they leave the official establishments or at the time of their transportation or sale in this state, and the commissioner may permit reasonable variations and grant exemptions from the marking and labeling requirements of this subsection (a) in any manner not in conflict with the purposes of this part.
(5) Marks and labels required under this subsection (a) shall be applied only by, or under the supervision of, an inspector.
(b) Properly marked and labeled meat food products, poultry food products and carcasses or parts of livestock and poultry shall be acceptable for intrastate movement, and the products shall be acceptable for both public and institutional purchase.
(c) (1) The use of any written, printed or graphic matter upon or accompanying any livestock or poultry carcass, or parts of livestock or poultry carcasses, meat food product, or poultry product inspected or required to be inspected pursuant to this part or the container of the livestock or poultry carcass, or parts of the livestock or poultry carcass, meat food products, or poultry products, that is false or misleading in any particular is prohibited.
(2) No livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products inspected or required to be inspected pursuant to this part shall be sold or offered for sale by any person, firm or corporation under any false or deceptive name. Established trade names that are usual to the articles and that are not false or deceptive and that are approved by the commissioner are permitted.
(3) (A) If the commissioner has reason to believe that any label in use or prepared for use is false or misleading in any particular, the commissioner may direct that the use of the label be withheld, unless it is modified in a manner the commissioner may prescribe so that it is not false or misleading.
(B) If the person using or proposing to use the label does not accept the determination of the commissioner, the person may request a hearing, but the use of the label shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner.
(C) The determination by the commissioner shall be conclusive unless, within thirty (30) days after the receipt of notice of the final determination, the person adversely affected by the determination appeals the decision of the commissioner to the circuit court pursuant to the provisions for appeals provided in § 53-7-217.
[Acts 1967, ch. 99, § 5; T.C.A., § 52-919.]