HARRY HUGHES, Governor

1867

(1)  ITS LABELING OR PACKAGING IS FALSE OR
MISLEADING IN ANY WAY;

(2)  IT IS AN IMITATION OF ANOTHER FOOD, AND IT
DOES NOT HAVE A LABEL THAT BEARS, IN TYPE OF UNIFORM SIZE
AND PROMINENCE, THE WORD "IMITATION" FOLLOWED IMMEDIATELY BY
THE NAME OF THE FOOD IMITATED;

(3)  IT IS IN PACKAGE FORM AND IT DOES NOT BEAR A
LABEL THAT CONTAINS THE NAME AND PLACE OF BUSINESS OF THE
MANUFACTURER, PACKER, OR DISTRIBUTOR;

(4)  ANY WORD, STATEMENT, OR OTHER INFORMATION
REQUIRED UNDER THIS SUBTITLE TO APPEAR ON ITS LABELING IS
NOT PLACED PROMINENTLY ON THE LABELING IN A MANNER THAT IS:

(I)  CONSPICUOUS, AS COMPARED WITH OTHER
WORDS, STATEMENTS, DESIGNS, OR DEVICES ON THE LABELING; AND

(II)  IN TERMS LIKELY TO BE READ AND
UNDERSTOOD BY THE ORDINARY INDIVIDUAL UNDER CUSTOMARY
CONDITIONS OF PURCHASE AND USE;

(5)  IT PURPORTS TO BE OR IS REPRESENTED AS A
FOOD FOR WHICH A DEFINITION AND STANDARD OF IDENTITY HAS
BEEN SET BY A RULE OR REGULATION AS PROVIDED UNDER § 4-237
OF THIS SUBTITLE AND:

(I)  THE FOOD DOES NOT CONFORM TO THE
DEFINITION OR STANDARD; OR

(II)  ITS LABEL EITHER DOES NOT BEAR THE
NAME OF THE FOOD SPECIFIED IN THE DEFINITION AND STANDARD
OR, CONTRARY TO THE RULE OR REGULATION, IT DOES NOT BEAR THE
COMMON NAME OF AN OPTIONAL INGREDIENT, OTHER THAN SPICES,
FLAVORING, AND COLORING, THAT IS IN THE FOOD;

(6)  IT PURPORTS TO BE OR IS REPRESENTED AS A
FOOD FOR WHICH A STANDARD OF QUALITY HAS BEEN SET BY A RULE
OR REGULATION UNDER § 4-237 OF THIS SUBTITLE AND ITS QUALITY
FALLS BELOW THAT STANDARD, UNLESS ITS LABEL BEARS, IN THE
MANNER AND FORM THAT THE RULE OR REGULATION SPECIFIES, A
STATEMENT THAT THE FOOD FALLS BELOW THE STANDARD;

(7)  IT IS NOT SUBJECT TO ITEM (5) OF THIS
SUBSECTION AND DOES NOT BEAR LABELING THAT CLEARLY GIVES:

(I)  THE COMMON OR USUAL NAME OF THE FOOD,
IF THERE IS SUCH A NAME; AND

(II)  EXCEPT AS PROVIDED UNDER SUBSECTIONS
(D) AND (E) OF THIS SECTION, IF THE FOOD IS MADE FROM 2 OR
MORE INGREDIENTS, THE COMMON OR USUAL NAME OF EACH
INGREDIENT;