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Session Laws, 1970
Volume 695, Page 1586   View pdf image
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1586                               Laws of Maryland                          Ch. 536

(5) if it bears or contains any color additive which is unsafe
within the meaning of section 706 of the Federal Food, Drug,
and Cosmetic Act
BEING SECTION 376 OF TITLE 21 OF THE
UNITED STATES CODE ANNOTATED: Provided, That an article
which is not otherwise deemed adulterated under clause (3), (4), or

(5)    shall nevertheless be deemed adulterated if use of the pesticide
chemical, food additive, or color additive in or on such article is pro-
hibited by regulations of the Board in official establishments;

(6)    if it consists in whole or in part of any filthy, putrid, or
decomposed substance or is for any other reason unsound, unhealth-
ful, unwholesome, or otherwise unfit for human food;

(7)    if it has been prepared, packed, or held under unsanitary
conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health;

(8)    if it is, in whole or in part, the product of any poultry
which has died otherwise than by slaughter;

(9)    if its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health;

(10)    if it has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a regulation or
exemption in effect pursuant to section 409 of the Federal Food,
Drug, and Cosmetic Act
BEING SECTION 348 OF TITLE 21 OF
THE UNITED STATES CODE ANNOTATED; or

(11)    if any valuable constituent has been in whole or in part
omitted or abstracted therefrom; or if any substance has been sub-
stituted, wholly or in part therefor; or if damage or inferiority
has been concealed in any manner; or if any substance has been
added thereto or mixed or packed therewith so as to increase its bulk
or weight, or reduce its quality or strength, or make it appear better
or of greater value than it is.

(l) The term "misbranded" shall apply to any poultry product
under one or more of the following circumstances:

(1)    if its labeling is false or misleading in any particular;

(2)    if it is offered for sale under the name of another food;

(3)    if it is an imitiation 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)    if its container is so made, formed, or filled as to be mis-
leading;

(5)    unless it 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 product in terms of weight,
measure, or numerical count; Provided, That under clause (B) of
this subparagraph (5), reasonable variations may be permitted, and
exemptions as to small packages or articles not in packages or
other containers may be established, by regulations prescribed by
the Board;

(6)    if any word, statement, or other information required by or
under authority of this Act 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)    if it purports to be or is represented as a food for which a
definition and standard of identity or composition has been pre-


 

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Session Laws, 1970
Volume 695, Page 1586   View pdf image
 Jump to  
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