1868

LAWS OF MARYLAND

Ch. 240

(8)  IT PURPORTS TO BE OR IS REPRESENTED FOR
SPECIAL DIETARY USES, UNLESS ITS LABEL BEARS THE INFORMATION
ABOUT ITS VITAMIN, MINERAL, AND OTHER DIETARY PROPERTIES
THAT THE SECRETARY DETERMINES BY A RULE OR REGULATION
ADOPTED UNDER § 4-213 OF THIS SUBTITLE TO BE NECESSARY TO
INFORM PURCHASERS FULLY OF ITS VALUE FOR THOSE USES;

(9)  EXCEPT AS PROVIDED UNDER SUBSECTIONS (C) AND
(E) OF THIS SECTION, IT CONTAINS ANY ARTIFICIAL FLAVORING,
ARTIFICIAL COLORING, OR CHEMICAL PRESERVATIVE, UNLESS IT
BEARS LABELING THAT STATES THAT FACT;

(10)  IT IS A COLOR ADDITIVE AND ITS PACKAGING
AND LABELING DO NOT CONFORM TO THE APPLICABLE REQUIREMENTS
OF THE FEDERAL ACT;

(11)  AFTER IT WAS MANUFACTURED, PROCESSED, OR
PACKAGED, THE FOOD WAS IN A FROZEN STATE AND IT THEN IS
OFFERED FOR SALE IN AN UNFROZEN STATE, UNLESS ITS LABELING
CLEARLY AND CONSPICUOUSLY STATES THAT THE FOOD SHOULD NOT BE
REFROZEN;

(12)  IT IS A PRODUCT THAT:

(I)  IS INTENDED TO BE USED AS AN
INGREDIENT OF ANOTHER FOOD; AND

(II)  IF USED ACCORDING TO THE DIRECTIONS
OF THE SUPPLIER, WOULD RESULT IN THE FINAL FOOD PRODUCT
BEING ADULTERATED OR MISBRANDED; OR

(13)  IT IS OFFERED FOR SALE UNDER THE NAME OF
ANOTHER FOOD.

(C)  STATUTORY EXEMPTIONS -- ARTIFICIAL COLORING.

AS THEY RELATE TO THE USE OF ARTIFICIAL COLORING, THE
PROVISIONS OF SUBSECTIONS (B)(7), (9), AND (10) OF THIS
SECTION DO NOT APPLY TO BUTTER, CHEESE, OR ICE CREAM.

(D)  SAME -- SPICES, FLAVORINGS, AND COLORINGS.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, AND NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
(B)(7)(II) OF THIS SECTION, REGARDING THE LABELING
REQUIREMENTS FOR A FOOD THAT IS MADE FROM 2 OR MORE
INGREDIENTS, SPICES, FLAVORINGS, AND COLORING INGREDIENTS
MAY BE DESIGNATED AS "SPICES", "FLAVORINGS", AND
"COLORINGS", WITHOUT NAMING EACH SPECIFIC ITEM. HOWEVER,
THIS EXCEPTION DOES NOT APPLY IF THE FOOD PRODUCT ITSELF IS
SOLD AS A SPICE, FLAVORING, OR FOOD COLORING.

(2)  NOTWITHSTANDING THE EXCEPTION FOR FOOD
COLORINGS SET FORTH IN PARAGRAPH (1) OF THIS SUBSECTION, A
FOOD THAT CONTAINS RED DYE NUMBER 2 IS MISBRANDED IF ITS