                                 CODE OF VIRGINIA

MISBRANDED LIVESTOCK PRODUCT OR POULTRY PRODUCT (§ 3.2-5402)

Any livestock product or poultry product shall be deemed to be misbranded:

1. If its labeling is false or misleading in any particular;

2. If it is offered for sale under the name of another food;

3. If it is an imitation of another food, unless its label bears, in type of
uniform size and prominence, the word &#8220;imitation&#8221; and immediately
thereafter, the name of the food imitated;

4. If its container is so made, formed, or filled as to be misleading;

5. Unless it bears a label showing: (i) the name and place of business of the
manufacturer, packer, or distributor; and (ii) an accurate statement of the
quantity of the product in terms of weight, measure, or numerical count;
provided, that under this subsection, exemptions as to livestock products not in
containers may be established by regulations prescribed by the Board; and
provided, further, that under clause (ii) of this subsection, reasonable
variations may be permitted, and exemptions as to small packages may be
established for livestock products or poultry products by regulations prescribed
by the Board;

6. If any word, statement, or other information required by or under authority
of this chapter to appear on the label or other labeling is not prominently
placed thereon with such conspicuousness (as compared with other words,
statements, designs, or devices, in 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;

7. If it purports to be or is represented as a food for which a definition and
standard of identity or composition has been prescribed by the regulations of
the Board under &#xA7; 3.2-5404 unless: (i) it conforms to such definition and
standard; and (ii) its label bears the name of the food specified in the
definition and standard and, insofar as may be required by such regulations, the
common names of optional ingredients (other than spices, flavoring, and
coloring) present in such food;

8. If it purports to be or is represented as a food for which a standard or
standards of fill of container have been prescribed by regulations of the Board
under &#xA7; 3.2-5404 and it falls below the standard of fill of container
applicable thereto, unless its label bears, in such manner and form as such
regulations specify, a statement that it falls below such standard;

9. If it is not subject to the provisions of subdivision 7, unless its label
bears: (i) the common or usual name of the food, if any there be; and (ii) in
case it is fabricated from two or more ingredients, the common or usual name of
each such ingredient; except that spices, flavorings, and colorings may, when
authorized by the Commissioner, be designated as spices, flavorings, and
colorings without naming each; provided that, to the extent that compliance with
the requirements of clause (ii) of this subsection is impracticable, or results
in deception or unfair competition, exemptions shall be established by
regulations promulgated by the Board;

10. If it purports to be or is represented for special dietary uses, unless its
label bears such information concerning its vitamin, mineral, and other dietary
properties as the Commissioner, after consultation with the U.S. Department of
Agriculture, determines to be, and prescribes as, necessary in order fully to
inform purchasers as to its value for such uses;

11. If it bears or contains any artificial flavoring, artificial coloring, or
chemical preservative, unless it bears labeling stating that fact; provided
that, to the extent that compliance with the requirements of this subsection is
impracticable, exemptions shall be established by regulations adopted by the
Board; or

12. If it fails to bear, directly thereon and on its containers, as the Board
may by regulations prescribe, the official inspection legend and establishment
number of the establishment where the product was prepared and, unrestricted by
any of the foregoing, such other information as the Board may require in such
regulations to assure that it will not have false or misleading labeling and
that the public will be informed of the manner of handling required to maintain
the article in a wholesome condition.

HISTORY: 1970, c. 290, § 3.1-884.18; 2008, c. 860.