Best if printed in landscape.
against misbranded food is one of the two major prohibitions embedded
in US food law. This prohibition is defined to encompass a range of concerns.
against "misbranded" food appears in several laws; for example, the Food, Drug and Cosmetic Act ( 21 U.S.C. §331 ), the Meat Inspection Act ( 21 U.S.C. §610; 9 CFR 301.2), the Poultry Products Inspection Act ( 21 U.S.C. §458; 9 CFR 381.1) and the Egg Products Inspection Act ( 21 U.S.C. §1037; 9 CFR 590.5). The purpose of this web page is to overview the range
of prohibitions and mandates that are in place to achieve the goal of
preventing misbranded foods.
introduction to adulterated food
following acts ... are prohibited: (a) The introduction ... into interstate
commerce ... of any food ... that is adulterated or misbranded. (b) The
adulteration or misbranding of any food ... in interstate commerce...
(c) The receipt in interstate commerce of any food
... that is adulterated or misbranded. 21
person . shall, with respect to any cattle, sheep, swine, goats, horses,
mules, or other equines, or ... meat or meat food products of any such
animals ... sell ... any such articles ... which ... are adulterated or misbranded. 21 U.S.C.
person shall ... sell ... any poultry products which ... are adulterated
or misbranded. 21
No operator of any official plant shall
allow any egg products to be moved from such plant if they are adulterated
or misbranded... 21
food item is considered misbranded (21
If its labeling is false or misleading,
the package label does not include the name and place of business
of the manufacturer, packer, or distributor; and an accurate statement
of the quantity of the contents in terms of weight, measure, or numerical
If it is intended for human consumption and offered for sale, unless
its label bears nutrition information that provides the serving size;
the number of servings per container; the total number of calories
derived from any source, and derived from the total fat, in each serving
size; the amount of total fat, saturated fat, cholesterol, sodium,
total carbohydrates, complex carbohydrates, sugars, dietary fiber,
and total protein contained in each serving size; and any vitamin,
mineral, or other nutrient required to be placed on the label if the
Secretary determines that such information will assist consumers in
maintaining healthy dietary practices.
If any word, statement, or other information required by law to appear
on the label 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.
If it is offered for sale under the name of another food.
If it is an imitation of another food, unless its label bears the
If it purports to be a food for which a standard of identity has been
prescribed, unless it conforms to such standard, and its label bears
the name of the food specified in the standard, and the common names
of optional ingredients.
its label bears the common or usual name of the food, and if fabricated
from two or more ingredients, the common or usual name of each such
ingredient and if the food purports to be a beverage containing vegetable
or fruit juice, a statement with appropriate prominence of the total
percentage of such fruit or vegetable juice contained in the food.
If it contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact;
If it is a color additive, unless its packaging and labeling are in
conformity with such packaging and labeling requirements.
If it is a raw agricultural commodity which is the produce of the
soil, bearing or containing a pesticide chemical applied after harvest,
unless the shipping container of such commodity bears labeling which
declares the presence of such chemical and the common name and function
of such chemical;
provided a legal exception, if it is a food intended for human consumption
which is offered for sale and for which a nutrition and health-related
claim is made.
the case of vitamins and minerals, its advertising is false or misleading.
it is a dietary supplement; and the label fails to list the name and
quantity of each ingredient; or with respect to a proprietary blend
of ingredients, the total quantity of all ingredients in the blend;
or the label fails to identify the product by using the term ''dietary
supplement;" or the label fails to identify any part of the plant
from which the ingredient is derived; or .
it purports to be for special dietary uses, unless its label bears
such information concerning its vitamin, mineral, and other dietary
properties in order fully to inform purchasers as to its value for
to protect against misbranded foods
- Mandate and monitor
- Monitor advertising and
February 6, 2010