Marvin Mandel, Governor                            853

wholly or in part therefor; or (iii) if damage or inferiority has been
concealed in any manner; or (iv) if any substance has been added
thereto or mixed or packed therewith for the sole purpose of increas-
ing its bulk or weight or to reduce its quality or strength below the
quality or strength which would normally be expected of such article
or for the purpose of misleading the consumer by making the article
appear better or of greater value than it is.

(3) If it is confectionery, and:

(i) has partially or completely imbedded therein any non-nutritive
object; provided, however, that this clause shall not apply in the
case of any non-nutritive object if, in the judgment of the Secretary
as provided by regulations, the object is of practical functional value
to the confectionery product and would not render the product in-
jurious or hazardous to health;

(ii) bears or contains any alcohol other than alcohol not in excess
of one-half of 1 per centum by volume derived solely from the use
of flavoring extracts; or

(iii) bears or contains any non-nutritive substance; provided, how-
ever, that this clause does not apply to a safe non-nutritive substance
which is in or on confectionery by reason of its use for some practical
functional purpose in the manufacture, packaging, or storing of
the confectionery if the use of the substance does not promote
deception of the consumer or otherwise result in adulteration or
misbranding in violation of any provision of this subheading; and
provided, further, that the Secretary may, for the purpose of avoid-
ing or resolving uncertainty as to the application of this clause,
issue regulations allowing or prohibiting the use of particular non-
nutritive substances.

(iv) If it is or bears or contains any color additive which is un-
safe within the meaning of Section 188F(a).

188C.

A food shall be deemed to be misbranded:

(1)   (i) If its labeling is false or misleading in any particular.

(ii) If its labeling or packaging fails to conform with the require-
ments of Section 191A of this subheading.

(2)    If it is offered for sale under the name of another food.

(3)    If 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) If in package form, unless it bears a label containing the
name and place of business of the manufacturer, packer, or dis-
tributor.

(5) If any word, statement, or other information required by or
under authority of this subheading to appear on the label or labeling
is not prominently placed thereon with conspicuousness (as com-
pared with other words, statements, designs, or devices in the label-
ing) and in terms to render it likely to be read and understood by
the ordinary individual under customary conditions of purchase
and use.