a) Food: Labeling; Misbranding.

1. 1) Among representations in the labeling of a food which renders such food misbranded is a false or misleading representation with respect to another food or a drug, device or cosmetic.
2. 2) The labeling of a food which contains two or more ingredients may be misleading by reason (among other reasons) of the designation of such food in such labeling by a name which includes or suggests the name of one or more but not all such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.

b) Food Labeling in Package Form; Identify.

1. 1) The label of a food in package form shall bear as one of its principal features a statement of the identity of the commodity.

2. 2) Such statement of identity shall be in terms of:

   1. A) The name now or hereafter specified in or required by any applicable law or regulation; or, in the absence thereof,
   2. B) The common or usual name of the food; or, in the absence thereof,
   3. C) An appropriately descriptive term or, when the nature of the food is obvious, a fanciful name commonly used by the public for such food.
3. 3) Where a food is marketed in various optional forms (whole, sliced, diced, etc.), the particular form shall be considered to be a necessary part of the statement of identity and shall be declared in letters of a type size bearing a reasonable relation to the size of the letters forming the other components of the statement of identity; except that if the optional form is visible through the container or is depicted by an appropriate vignette, the particular form need not be included in the statement. This specification does not affect the required declarations of identity under definitions and standards for Foods promulgated pursuant to Section 9 of the Act.
4. 4) This statement of identity shall be presented in bold type on the label, shall be in a size reasonably related to the most prominent printed matter on such label, and shall be in lines generally parallel to the base on which the package rests as it is designated to be displayed.

c) Food: Labeling; Prominence of Required Statements.

1. 1) The failure of such word, statement or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase;
2. 2) The failure of such word, statement or information to appear on two or more parts or panels of the label, each of which has sufficient space therefore, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;
3. 3) The failure of the label to extend over the area of the container or package available for such extension, so as to provide sufficient label space for the prominent placing of such word, statement or information;
4. 4) Insufficiency of label space (for the prominent placing of such word, statement or information) resulting from the use of label space for any word, statement, design or device which is not required by or under authority of the Act to appear on the label;
5. 5) Insufficiency of label space (for the prominent placing of such word, statement or information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement or information, or to any design or device; or
6. 6) Smallness or style of type in which such word, statement or information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed or graphic matter.

A word, statement or other information required by or under authority of the Act to appear on the label may lack that prominence and conspicuousness required by Section 11(f) of the Act by reason (among other reasons) of:

d) No exemption depending on insufficiency of label space, as prescribed in regulation promulgated under Section 11(i) of the Act, shall apply if such insufficiency is caused by:

1. 1) The use of label space for any word, statement, design or device which is not required by or under authority of the Act to appear on the label;
2. 2) The use of label space to give greater conspicuousness to any word, statement or other information than is required by Section 11(f) of the Act; or
3. 3) The use of label space for any representation in a foreign language.

e)

1. 1) All words, statements and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language;
2. 2) If the label contains any representation in a foreign language, all words, statements and other information required by or under authority of the Act to appear on the label shall appear thereon in the foreign language;
3. 3) If the labeling contains any representation in a foreign language, all words, statements and other information required by or under authority of the Act to appear on the label or labeling shall appear on the labeling in the foreign language.

f) Food: Labeling; Designation of Ingredients.

The name of an ingredient (except a spice, flavoring or coloring which is an ingredient of a food other than one sold as a spice, flavoring or coloring), required by Section 11(i)(2) of the Act to be borne on the label of a food, shall be a specific name and not a collective name. But if an ingredient (which itself contains two or more ingredients) conforms to a definition and standard of indentity prescribed by regulations under Section 9 of the Act, such ingredient may be designated on the label of such food by the name specified in the definition and standard, supplemented, in case such regulations require the naming of optional ingredients present in such ingredient, by a statement showing the optional ingredients which are present in such ingredient.

k) A food shall be exempt while held for sale from the requirements of clause (2) of Section 11(i) of the Act (requiring a declaration on the label of the common or usual name of each ingredient when the food is fabricated from two or more ingredients) if said food, having been received in bulk containers at a retain establishment, is displayed to the purchaser with either

1. 1) the labeling of the bulk container plainly in view, or
2. 2) a counter card, sign or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to clause (2) of Section 11(i) of the Act.

n) Food: Labeling; Artificial Flavoring or Coloring, Chemical Preservatives.

1. 1) The term "artificial flavoring" means a flavoring containing any sapid or aromatic constituent, which constituent was manufactured by a process of synthesis or other similar artifice.
2. 2) The term "artificial coloring" means a coloring containing any dye or pigment, which dye or pigment was manufactured by a process of synthesis or other similar artifice, or a coloring which was manufactured by extracting a natural dye or natural pigment from a plant or other material in which such dye or pigment was naturally produced.
3. 3) The term "chemical preservative" means any chemical that, when added to food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices or oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.

r) A food shall be exempt while held for sale from the requirements of Section 11(k) of the Act (requiring label statement of any artificial flavoring, artificial coloring, or chemical preservative) if said food, having been received in bulk containers at a retail establishment, is displayed to the purchaser with either

1. 1) the labeling of the bulk container plainly in view, or
2. 2) a counter card, sign or other appropriate device bearing prominently and conspicuously the information required to be stated on the label pursuant to Section 11(k) of the Act.