The Florida Senate

585.73  Misbranding.--An animal product shall be deemed misbranded 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, unless the container bears 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, provided that reasonable variations may be permitted and exemptions for small packages may be established by the department.

(6)  Any word, statement, or other information required by or under authority of this part 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 is represented as, but does not conform to standards of identity or composition of, a specified food as established by rules of the department.

(8)  It is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the department and it falls below the standards of fill of container applicable thereto, unless its label bears, in such manner and form as such rules 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 there is any; and

(b)  When it is fabricated from two or more ingredients, the common or usual names of such ingredients, spices, flavorings, and colorings may, when authorized by the department, be designated as such without naming each; provided that, to the extent that compliance with the requirements of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by rules promulgated by the department.

(10)  It is represented as for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department, after consultation with the United States Secretary of Agriculture, determines it to be, and by rule prescribes, as is necessary to fully inform consumers of its value for such uses.

(11)  It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless its label states that fact; provided that, to the extent that compliance with the requirements of this subsection is impracticable, exemptions may be established by rules promulgated by the department.

(12)  It fails to bear, directly thereon or on its container, the inspection legend and, unrestricted by any other provisions of this section, such other information as the department may require to ensure that it shall not have false or misleading labeling and that the public shall be informed of the manner of handling required to maintain the article in a wholesome condition.

History.--s. 46, ch. 90-321.