Sec. 3. A food is considered to be misbranded under any of the following conditions:

(1) If the food's labeling is false or misleading in any way.

(2) If the food's labeling or packaging fails to conform with the rules adopted under IC 16-42-1-2.

(3) If the food is offered for sale under the name of another food.

(4) If the food is an imitation of another food, unless the food's label bears, in type of uniform size and prominence, the word "imitation" and, immediately following that term, the name of the food imitated.

(5) If the food's container is so made, formed, or filled as to be misleading.

(6) If the food is in package form, unless the food bears a label containing the following:

(A) The name and place of business of the manufacturer, packer, or distributor.

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. However, reasonable variations shall be permitted under this clause and exemptions for small packages shall be established by rules adopted by the state department.

(7) If any word, statement, or other information required under IC 16-42-1 through IC 16-42-4 to appear on the label or labeling is not prominently placed on the food with the conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms that make the information likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(8) If the food purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules under section 1 of this chapter, unless:

(A) the food conforms to that definition and standard; and

(B) the food's label bears the name of the food specified in the definition and standard, and, insofar as may be required by those rules, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food.

This subdivision with respect to artificial coloring does not apply to butter, cheese, or ice cream.

(9) If the food purports to be or is represented as:

(A) a food for which a standard of quality has been prescribed by rules as provided by section 1 of this chapter and the food's quality falls below that standard, unless the label bears, in the manner and form as the rules specify, a statement that the food falls below that standard; or

(B) a food for which a standard or standards of fill of container have been prescribed by rule under section 1 of this chapter and the food falls below the applicable standard of fill of container unless the food's label bears, in such manner and form as the rules specify, a statement that the food falls below that standard.

(10) If the food is not subject to subdivision (8), unless the food's label bears:

(A) the common or usual name of the food, if any; and

(B) if the food is fabricated from at least two (2) ingredients, the common or usual name of each ingredient. However, spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. In addition, to the extent that compliance with this clause is impracticable or results in deception or unfair competition, the state department shall establish exemptions by rule.

This subdivision with respect to artificial coloring does not apply to butter, cheese, or ice cream.

(11) If the food purports to be or is represented to be for special dietary uses, unless the food's label bears information concerning the food's vitamin, mineral, and other dietary properties that the state department determines to be, and by rules prescribes as necessary to fully inform purchasers as to the food's value for such uses.

(12) If the food bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact. However, to the extent that compliance with the requirements of this subdivision is impracticable, the state department shall establish exemptions by rule. This subdivision:

(A) with respect to artificial coloring, does not apply to butter, cheese, or ice cream; and

(B) with respect to chemical preservatives, does not apply to a pesticide chemical when used in or on a raw agricultural commodity that is the product of the soil.

[Pre-1993 Recodification Citations: 16-1-29-7; 16-1-29-8; 16-1-29-9; 16-1-29-10; 16-1-29-11; 16-1-29-12; 16-1-29-13; 16-1-29-14 part.]

As added by P.L.2-1993, SEC.25.