N.D. Cent. Code § 19-02.1-10

Current through the 2023 Legislative Sessions

Section 19-02.1-10 - Food - Misbranding defined

A food must 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 for which a definition and standard of identity has been prescribed by regulations as provided by section 19-02.1-08 or if it is an imitation of another food that is not subject to subsection 7, 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. If in package form, unless it bears a label containing:

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; and

c. In the case of beverages that are manufactured, distributed, and sold under a franchise or trademark name indicated thereon, whereby the person, firm, corporation, or limited liability company owning the franchise or trademark has control over the distribution, such beverages may be exempt from this subsection, if a certified statement is filed with the department, stating the name and address of the manufacturer or distributor, and a statement signed by the manufacturer or distributor that they assume all responsibility and liability for the product named, which is being sold, or offered for sale, under such name within the area of the state designated, which certificate must be in the following form:

NORTH DAKOTA DEPARTMENT OF HEALTH AND HUMAN SERVICES

BISMARCK, NORTH DAKOTA

BEVERAGE LABELING EXEMPTIONS CERTIFICATE

I, _______________________, the undersigned, an agent of and having authority to sign, do hereby certify that the following information is correct: Name and address of company requesting exemption

Name __________________________________________

Street Address ________________________________

City or Town __________________________________

State _________________________________________

Name of Product _______________________________

Brand Name ____________________________________

In order to be exempt from subdivisions a and b of subsection 5 of section 19-02.1-10 of the North Dakota Century Code, relating to misbranding of food, which requires the name and address of the real manufacturer or other persons responsible for placing the product upon the market, I, the undersigned, do bind the company listed above by agreeing to assume all responsibility for the product named in this certificate which is being sold, or offered for sale under such name and brand name within the area consisting of _________________ in the State of North Dakota.

Note: The area must be designated by counties or other legal subdivisions of the city, county, or state.

Firm _____________________________

Signed ___________________________ Title ____________________________

Address __________________________

Note: If signed by a person other than an officer of the company, authorization for signature must accompany this form. This certificate must be acknowledged.

Provided, that under subdivision b reasonable variations must be permitted, and exemptions as to small packages must be established, by regulations prescribed by the department.

6. If any word, statement, or other information required by or under authority of this chapter to appear on the label or 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 has been prescribed by regulations as provided by section 19-02.1-08 unless it conforms to such definition and standard, 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. A food for which a standard of quality has been prescribed by regulations as provided by section 19-02.1-08 and its quality falls below such standard unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or

b. A food for which a standard or standards of fill of container have been prescribed by regulation as provided by section 19-02.1-08, 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 subsection 7, unless it bears labeling clearly giving:

a. The common or usual name of the food, if any there be; and

b. The common or usual name of each such ingredient, in case it is fabricated from two or more ingredients, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each; provided, that to the extent that compliance with the requirements of this subdivision is impracticable or results in deception or unfair competition, exemptions must be established by regulations promulgated by the department and, provided further, that the requirements of this subdivision do not apply to food products which are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with regulations promulgated by the department.

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 department determines to be, and by regulations prescribes as, necessary in order to fully 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 the extent that compliance with the requirements of this subsection is impracticable, exemptions must be established by regulations promulgated by the department.

12. If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.

13. If it is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.

14. If it is a raw agricultural commodity that is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of the commodity bears labeling that declares the presence of the chemical in or on the commodity and the common or usual name and the function of the chemical. No such declaration is required while the commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of the container in accordance with the custom of the trade.

15. If its packaging or labeling is in violation of an applicable regulation issued under section 3 or 4 of the Poison Prevention Packaging Act of 1970.

N.D.C.C. § 19-02.1-10

Amended by S.L. 2021, ch. 352 (HB 1247),§ 82, eff. 9/1/2022.