MARVIN MANDEL, Governor                                       1525

(6)    ANY WORD, STATEMENT, OR OTHER
INFORMATION REQUIRED BY, OR UNDER AUTHORITY OF, THIS
SUBTITLE TO APPEAR ON THE LABEL OR OTHER LABELING IS
NOT PLACED PROMINENTLY AND CONSPICUOUSLY ON IT, AS
COMPARED WITH OTHER WORDS, STATEMENTS, DESIGNS, OR
DEVICES IN THE LABELING, AND IN TERMS THAT DO NOT
RENDER IT LIKELY TO BE READ AND UNDERSTOOD BY THE
ORDINARY INDIVIDUAL UNDER CUSTOMARY CONDITIONS OF
PURCHASE AND USE;

(7)   IT PURPORTS TO BE OR IS REPRESENTED AS
A FOOD FOR WHICH A DEFINITION AND STANDARD OF IDENTITY
OR COMPOSITION HAS BEEN PRESCRIBED BY DEPARTMENTAL
RULES AND REGULATIONS UNDER §4-209, UNLESS (I) IT
CONFORMS TO THE DEFINITION AND STANDARD, (II) ITS
LABEL BEARS THE NAME OF THE FOOD SPECIFIED IN THE
DEFINITION AND STANDARD AND AS MAY BE REQUIRED BY THE
RULES AND REGULATIONS, AND (III) ITS LABEL BEARS THE
COMMON NAMES OF OPTIONAL INGREDIENTS, OTHER THAN
SPICES, FLAVORING, AND COLORING, PRESENT IN THE FOOD
AS REQUIRED BY RULES AND REGULATIONS;

(8)   IT PURPORTS TO BE OR IS REPRESENTED AS
A FOOD FOR WHICH A STANDARD OF FILL OF CONTAINER IS
PRESCRIBED BY DEPARTMENTAL RULES AND REGULATIONS UNDER
§4-209, AND IT FALLS BELOW THE STANDARD OF FILL OF
CONTAINER APPLICABLE TO IT, UNLESS ITS LABEL BEARS A
STATEMENT THAT IT FALLS BELOW THE STANDARD, IN THE
MANNER AND FORM THE RULES AND REGULATIONS SPECIFY;

(9)   IT IS NOT SUBJECT TO THE PROVISIONS OF
PARAGRAPH (7), UNLESS ITS LABEL BEARS (I) THE COMMON
OR USUAL NAME OF THE FOOD, IF ANY, AND (II) THE COMMON
OR USUAL NAME OF EACH INGREDIENT. IF IT IS FABRICATED
FROM MORE THAN ONE INGREDIENT, THE SECRETARY MAY
PERMIT SPICES, FLAVORINGS, AND COLORINGS TO BE
DESIGNATED AS SPICES, FLAVORINGS, AND COLORINGS
WITHOUT REQUIRING THE NAMING OF EACH. IN ADDITION,
THE SECRETARY MAY ESTABLISH EXEMPTIONS BY RULES AND
REGULATIONS UNDER THIS SUBTITLE TO THE EXTENT THAT
COMPLIANCE WITH THE REQUIREMENTS OF CLAUSE (II) OF
THIS PARAGRAPH IS NOT FEASIBLE OR RESULTS IN DECEPTION
OR UNFAIR COMPETITION;

(10)   IT PURPORTS TO BE FOR SPECIAL DIETARY
USES, UNLESS ITS LABEL BEARS INFORMATION CONCERNING
ITS VITAMIN, MINERAL, AND OTHER DIETARY PROPERTIES
WHICH THE SECRETARY, AFTER CONSULTATION WITH THE
SECRETARY OF AGRICULTURE OF THE UNITED STATES,
DETERMINES TO BE NECESSARY BY RULE OR REGULATION TO
INFORM PURCHASERS OF ITS VALUE FOR THESE USES;