N.Y. Agriculture & Markets Law § 201: Misbranding of food

§ 201. Misbranding of food. Food shall be deemed to be misbranded: 1.

If its labeling is false or misleading in any particular.

2. If it is offered for sale under the name of another article.

3. If it is an imitation of another food, unless its label bears the

word "imitation" and immediately thereafter the name of the food

imitated in type of uniform size and equal prominence, followed by a

statement showing the constituents thereof.

4. If its container is so made, formed, colored or filled as to be

misleading.

5. If in package form, unless it bears a label containing the name and

place of business of the manufacturer, packer, or distributor.

6. If any word, statement or other information required by or under

authority of this article to appear on the label or labeling is not

prominently placed thereon with such conspicuousness (as compared with

other words, statements, designs, or devices, in the labeling) and in

such terms as to render it likely to be read and understood by the

ordinary individual under customary conditions of purchase and use.

7. If it purports to be or is represented as a food for which a

definition and standard of identity has been prescribed, unless (a) it

conforms to such definition and standard, and (b) its label bears the

name of the food specified in the definition and standard, and, in so

far as may be required, the common names of optional ingredients present

in such food.

8. If it purports to be or is represented as (a) a food for which a

standard of quality has been prescribed by this chapter or by

regulations as provided in section two hundred fourteen-b, and its

quality falls below such standard, unless its label bears, in such

manner and form as such regulations specify, a statement that it falls

below such standard; or (b) a food for which no definition and standard

of identity and/or standard of quality have been prescribed, and it

falls below the standard of purity, quality or strength which it

purports or is represented to possess.

9. If it is not subject to the provisions of subdivision seven of this

section, unless its label bears (a) the common or usual name of the

food, if any there be, and (b) in case it is fabricated from two or more

ingredients, the common or usual name of each such ingredient; except

that spices, flavorings, and colorings, other than those sold as such,

may be designated as spices, flavorings, and colorings, without naming

each; provided that, to the extent that compliance with the requirements

of clause (b) of this subdivision is impracticable, or results in

deception or unfair competition, in the judgment of the commissioner,

exemptions shall be established by regulations promulgated by the

commissioner.

10. 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 commissioner determines to be and

prescribes as necessary in order to inform purchasers fully as to its

value for such uses.

11. If it bears or contains any artificial flavoring, artificial

coloring, or permitted chemical preservative, unless it bears labeling

stating that fact: provided, that to the extent that compliance with the

requirements of this subdivision is impracticable, exemptions shall be

established by regulations promulgated by the commissioner. The

provisions of this subdivision and subdivisions seven and nine with

respect to artificial coloring shall not apply in the case of butter,

cheese, or ice cream. The provisions of this subdivision with respect to

chemical preservatives shall not apply to a pesticide chemical when used

in or on a raw agricultural commodity which is the produce of the soil.

12. If it is a raw agricultural commodity which is the produce of the

soil, bearing or containing a pesticide chemical applied after harvest,

unless the shipping container of such commodity bears labeling which

declares the presence of such chemical in or on such commodity and the

common or usual name and the function of such chemical; provided,

however, that no such declaration shall be required while such

commodity, having been removed from the shipping container, is being

held or displayed for sale at retail out of such container in accordance

with the custom of the trade.

13. If it is a color additive unless its packing and labeling are in

conformity with such packing and labeling requirements, applicable to

such color additive, as may be contained in regulations promulgated by

the commissioner.

14. If it contains a milk protein concentrate, caseinate, or added

casein and is not subject to the provisions of subdivision seven of this

section, unless its label bears the name of such substance as an

ingredient.