Guam § 40110 - Misbranded Food.

§ 40110. Misbranded Food.

A food shall be deemed to be misbranded:

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

(2) If its labeling or packaging fails to conform with the requirements

of '40120 of this Act;

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

(4) 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;

(5) If its container is so made, formed or filled as to be misleading;

(6) If in package form, unless it bears a label containing (i) the name

and place of business of the manufacturer, packer or distributor; (ii) an

COL120106

CH. 40 GUAM FOOD, DRUG AND COSMETIC ACT

accurate statement of the net quantity of the contents in terms of weight,

measure or numerical count, which statement shall be separately and

accurately stated in a uniform location upon the principal display panel of

the label; provided, that under clause (ii) of this Paragraph reasonable

variations shall be permitted, and exemptions as to small packages shall be

established by regulations prescribed by the Director;

(7) If any word, statement or other information required by or under

authority of this Act 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;

(8) If it purports to be or is represented as food for which a definition

and standard of identity has been prescribed by regulations as provided by

'40118, unless (i) it conforms to such definition and standard, and (ii) its

label bears the name of the food specified in the definition and standards,

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;

(9) If it purports to be or is represented as: (i) a food for which a

standard of quality has been prescribed by regulations as provided by

'40108, and its quality falls below such standard, unless its label bears, in

such manner and form as regulations specify, a statement that it falls below

such standard; or (ii) a food for which a standard or standards of fill of

container have been prescribed by regulation as provided by '40108, 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;

(10) If it is not subject to the provisions of Paragraph (8) of this

Section unless it bears labeling clearly giving (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, 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 clause

(ii) of this Paragraph is impractical or results in deception or unfair

competition, exemptions shall be established by regulations promulgated by

the Director;

COL120106

CH. 40 GUAM FOOD, DRUG AND COSMETIC ACT

(11) If it purports to be or is represented for special dietary uses, unless

its labels bears such information concerning its vitamin, mineral and other

dietary properties as the Director determines to be, and by regulations

prescribes as, necessary in order to fully inform purchasers as to its value

for such uses;

(12) If it bears or contains any artificial flavoring, coloring or chemical

preservative, unless it bears labeling stating that fact; provided, that to the

extent that compliance with the requirements of this Paragraph is

impracticable, exemptions shall be established by regulations promulgated

by the Director. The provisions of this Paragraph and Paragraphs (8) and

(10) with respect to artificial coloring do not apply to butter, cheese or ice

cream. The provisions of the paragraph with respect to chemical

preservatives do not apply to a pesticide chemical when used in or on a raw

agricultural commodity which is the produce of the soil;

(13) If it is a raw agricultural commodity 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 in or on such commodity and the common or usual name and the

function of such chemical; provided, however, that no such declaration shall

be required while such commodity, having been removed from the shipping

container, is being held or displayed for sale at retail out of such container

in accordance with the custom of the trade;

(14) 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; or

(15) If it is a color additive unless its packaging and labeling

requirements applicable to such color additive prescribed under the

provisions of the Federal Act.

(16) If any locally packaged and/or processed food bears no calendar

date indicating the pack date" written in English and which is easily legible

and visible to the consumer.