Marvin Mandel, Governor                       1285

(4)  If in package form, unless it bears a label containing the
name and place of business of the manufacturer, packer, or
distributor.

(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 la-
beling) and in terms to render it likely to be read and understood
by the ordinary individual under customary conditions of purchase
and use.

(6)  If it purports to be or is represented as food for which a
definition and standard of identity has been prescribed by regula-
tions as provided by Section 188A, unless (1) it conforms to such
definition and standard, and (2) its label bears the name of the
food specified in the definition and standard, and, insofar as may
be required by such regulations, the common names of optional in-
gredients (other than spices, flavoring, and coloring) present in
such food.

(7)   If it purports to be or is represented as:

[(i)] A food for which a standard of quality has been prescribed
by regulations as provided by Section 188A and its quality falls
below the standard of quality the regulations specify, unless its label
bears, in manner and form as the regulations specify, a statement
that it falls below the standard.

(8)   If it is not subject to the provisions [of subsection (b)] of
this section, unless it bears labeling clearly giving (i) the common
or usual name of the food, if any there be and (ii) in case it is fab-
ricated from two or more ingredients, the common or usual name
of each ingredient; except that spices, flavorings, and colorings,
other than those sold as such, may be designated as spices, flavor-
ings, and colorings without naming each; provided, however, that
to the extent that compliance with the requirements of clause (ii)
of this subsection is impractical or results in deception or unfair
competition, exemptions shall be established by regulations pro-
mulgated by the Secretary.

(9)   If it purports to be or is represented for special dietary uses
[.], unless its label bears such information concerning its vitamin,
mineral, and other dietary properties as the Secretary determines
to be, and by regulations prescribes as, necessary in order fully to
inform purchasers as to its value for such uses.

(10)  If it bears on contains any artificial flavoring, artificial col-
oring, or chemical preservative, unless it bears labeling stating that
fact; provided, however, that to the extent that compliance with
the requirements of this subsection is impracticable, exemptions
shall be established by regulations promulgated by the Secre-
tary. The provisions of this subsection and of ([paragraphs] sub-
sections (8) and (12) with respect to artificial coloring shall not
apply to butter, cheese, or ice cream.

(11)  If it is a product intended as an ingredient of another food
and when used according to the directions of the purveyor will
result in the final food product being adulterated or misbranded.