52 STAT.] 75TH CONG. , 3D SESS.-CH. 675-JUNE 25, 1938 or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. (c) If it bears or contains a coal-tar color other than one from a batch that has been certified in accordance with regulations as pro- vided by section 406: Provided, That this paragraph shall not apply to citrus fruit bearing or containing a coal-tar color if application for listing of such color has been made under this Act and such application has not been acted on by the Secretary, if such color was commonly used prior to the enactment of this Act for the purpose of coloring citrus fruit. (d) If it is confectionery, and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 per centum, natural gum, and pectin: Provided,That this paragraph shall not apply to any confectionery by reason of its containing less than one-half of 1 per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances. MISBRANDED FOOD SEC. 403. A food shall be deemed to be misbranded- (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence the word "imitation" and, immediately thereafter, the name of the food imitated. d) If its container is so made, formed, or filled as to be misleading. e) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or dis- tributor; and (2) an accurate statement of the quantity of the con- tents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be estab- lished, by regulations prescribed by the Secretary. (f) If any word, statement, or other information required by or under authority of this Act 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. (g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regula- tions as provided by section 401, 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 ingredi- ents (other than spices, flavoring, and coloring) present in such food. (h) If it purports to be or is represented as- (1) a food for which a standard of quality has been prescribed by regulations as provided by section 401, 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 (2) a food for which a standard or standards of fill of con- tainer have been prescribed by regulations as provided by section 401, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard. 1047 Coal-tar color other than in accordance with regulations. Post, p. 1049. Proviso. Citrus fruits. Confectionery, con- taining alcohol, etc. Proviso. Exemptions. Misbranded food. Definitions. False labeling. Using name of another food. Imitations not prop- erly indicated. Misleading con- tainers. Package form pro- visions. Proviso. Variations. Label or labeling. Representations as to identity; conform- ity provisions. Ante, p. 104. Below standard; ex- ception. Below standard of fill of container; ex- ception.
�
