Section 8705 - Misbranded products"Misbranded" shall apply to any livestock product or poultry product under 1 or more of the following circumstances:
(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 "imitation" 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 (a) the name and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count; provided, that under this paragraph exemptions as to livestock products not in containers may be established by regulations prescribed by the Secretary and provided, further, that under this clause, 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 Secretary;(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 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;(7) If it purports to be or is represented as a food for which a definition and standard of identity of composition has been prescribed by the regulations of the Secretary under § 8708 of this title unless (a) it conforms to such definition and standard, and (b) 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 Secretary under § 8708 of this title 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) of this section, unless its label bears (a) the common or usual name of the food, if any, and (b) in case it is fabricated from 2 or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings and colorings without naming each; provided, that, to the extent that compliance with the requirements of this clause is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;(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 Secretary after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations 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 subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or(12) If it fails to bear, directly thereon and on its containers, as the Secretary may by regulations prescribe, the official inspection legend and established number of the establishment where the product was prepared and, unrestricted by any of the foregoing, such other information as the Secretary 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. 3 Del. C. 1953, § 8703B; 57 Del. Laws, c. 500, § 1.;