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1 of the United States, National Formulary, or any supple

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ment thereto, official at the time any drug to which the pro

3 visions thereof relate is introduced into interstate commerce.

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(a) (1) If it bears or contains any poisonous or dele9 terious substance which may render it dangerous to health;

10 or (2) if it bears or contains any added poisonous or added 11 deleterious substance prohibited, or in excess of the limits 12 of tolerance prescribed, by regulations as provided by sec13 tions 304, 701 and 703; or (3) if it consists in whole or in 14 part of any filthy, putrid, or decomposed substance; or (4) 15 if it has been prepared, packed, or held under insanitary con16 ditions whereby it may have become contaminated with 17 filth; or (5) if it is the product of a diseased animal or of an 18 animal which has died otherwise than by slaughter; or

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(6) if its container is composed of any poisonous or dele20 terious substance which may by contamination render the

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contents injurious to health.

(b) (1) If any valuable constituent has been in whole

or in part abstracted therefrom; or (2) if any substance has 24 been substituted wholly or in part therefor; or (3) if

25 damage or inferiority has been concealed in any manner;

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or (4) if any substance has been added thereto or mixed or

2 packed therewith so as to increase its bulk or weight, or

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reduce its quality or strength, or create a deceptive appear

ance.

(c) If it is confectionery or ice cream and bears or contains any alcohol, resinous glaze, or nonnutritive sub

stance except coloring, flavoring, natural gum, and pectin: 8 Provided, That this paragraph shall not apply to any con9 fectionery or ice cream by reason of its containing less than 10 one-half of 1 per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum 12 by reason of its containing nonnutritive masticatory sub

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13 stances.

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(d) If it contains a coal-tar color other than one from a batch that has been certified in accordance with regula16 tions as provided by sections 304, 701, and 703.

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20 food.

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MISBRANDED FOOD

SEC. 302. A food shall be deemed to be misbranded-
(a) If it is offered for sale under the name of another

(b) If it is an imitation of another food, and its label 22 fails to bear, in type of uniform size and prominence, the

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word "imitation" and, immediately thereafter, the name of 24 the food imitated.

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(c) (1) If its container is so made, formed, or filled

as to mislead the purchaser, or (2) if its contents fall below 3 the standard of fill prescribed by regulations as provided by

4 sections 303, 701, and 703.

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(d) If its labeling is false or misleading in any

6 particular.

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(e) If in package form it fails to bear a label contain

8 ing: (1) The name and place of business of the manufac9 turer, packer, seller, or distributor; and (2) an accurate 10

statement of the quantity of the contents in terms of weight, 11 measure, or numerical count: Provided, That under sub12 division (2) of this paragraph reasonable variations shall be 13 permitted, and exemptions as to small packages shall be 14 established, by regulations prescribed by the Secretary.

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(f) If any word, statement, or other information re16 quired on the label to avoid adulteration or misbranding 17 under any provision of this Act is not prominently placed 18 thereon in such a manner as to be easily seen and in such 19 terms as to be readily intelligible to the purchasers and users 20 of such articles under customary conditions of purchase and

21 use.

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(g) If it purports to be or is represented as a food for which a definition and standard of identity has been pre24 scribed by regulations as provided by sections 303, 701, and

25 703, and (1) it fails to conform to such definition and

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1 standard, or (2) its label fails to bear the name of the food 2 prescribed in the definition and standard, and if so required 3 by such regulations when such definition and standard permits 4 optional ingredients other than spices, flavors, and coloring, 5 the common names of such optional ingredients as are 6 present in such food.

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(b) If it purports to be or is represented as a food for which a standard of quality has been prescribed by 9 regulations as provided by sections 303, 701, and 703, and (1) its label fails to bear a statement of its quality in such terms as the regulations specify, or (2) its quality falls below such standard.

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(i) If it is not subject to the provisions of para14 graph (g) of this section and its label fails to bear (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients

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the common or usual name of each such ingredient in 18 order of predominance by weight; except that spices, flavors, and colorings, other than those sold as such, may be desig20 nated as spices, flavors, and colorings without naming each: 21 Provided, That, to the extent that compliance with the 22 requirements of subdivision (2) of this paragraph is im23 practicable because of normal variations in ingredients, or 24 their quantities, usual to good manufacturing or packing 25 practice, exemptions as to packages of assorted food

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shall be established, and reasonable variations from the

stated order of such ingredients shall be permitted, by regu

3 lations promulgated by the Secretary: And provided further,

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That exemption to compliance with the requirements of 5 subdivision (2) of this paragraph is given to such foods 6 where the common or usual name of each ingredient has 7 been filed with the Secretary in accordance with regula8 tions promulgated by him.

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(j) If it purports to be or is represented for special 10 dietary uses, such as by infants or invalids or for other 11 special nutritional requirements, and its label fails to bear, 12 if so required by regulations as provided by sections 701 13 and 703 statements concerning its vitamin, mineral, and 14 other dietary properties which fully inform the purchaser as to its nutritional value.

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(k) The Secretary is hereby authorized to promulgate 17 regulations exempting from any labeling or packaging re18 quirement of this Act small open containers of fresh natural 19 food and also food which is, in accordance with the practice 20 of the trade, processed, labeled, or repacked in substantial 21 quantities at establishments other than those where orig22 inally processed or packed, on condition that such food is in 23 conformity with the provisions of this Act upon removal 24 from such processing, labeling, or repacking establishment.