An article of food shall be deemed misbranded in the following cases:

(1) If it is offered for sale under the name of another article;

Terms Used In Alabama Code 20-1-25

  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(2) If it is labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package;
(3) If, in package form, the name of the article together with the quantity of the contents in terms of weight, measure, or numerical count and the name and principal address of the manufacturer or other person responsible for placing the article on the market are not plainly and conspicuously marked on the outside of the package;
(4) If, in package form, the package is not filled with the food it purports to contain within the limits of tolerance fixed by the State Board of Agriculture and Industries, irrespective of whether the quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count;
(5) If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular;
(6) If, in bulk, it is colored so as to deceive or mislead the purchaser;
(7) If it is offered for sale under false representations;
(8) If it is an imitation of another article and is not marked with the word “imitation,” followed, without intervening descriptive matter, by a list of the ingredients contained therein;
(9) If it is a compound for which no standard of purity or quality has been established, and it is not labeled with the word “compound” followed, without intervening descriptive matter, by a list of the ingredients; provided, that in the case of a compound which may be now or from time to time hereafter known as an article of food under its own distinctive name and which is not an imitation of or offered for sale under the name of another article, it shall not be deemed to be misbranded if the name of the article is accompanied on the same label or brand with a statement of the place where such article was manufactured or produced; or
(10) If the package, label, or brand fails to give the ingredients or substances by their common names.
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