New Mexico § 25-2-11 - When food deemed misbranded

§ 25-2-11. When food deemed misbranded

A food shall be deemed to be misbranded: A. if its labeling is false or misleading in any particular; B. if it is offered for sale under the name of another food; C. 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; D. if its container is so made, formed or filled as to be misleading; E. if in package form, unless it bears a label containing: (1) the name and place of business of the manufacturer, packer or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure

or numerical count; provided, that under clause (2) of this paragraph reasonable

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

by regulations prescribed by the board; F. 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; G. 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 9, unless: (1) it conforms to such definition and standard; and (2) 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; H. if it purports to be or is represented as: (1) a food for which a standard of quality has been prescribed by regulations as provided

by Section 9 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 (2) a food for which a standard or standards of fill of container have been prescribed

by regulation as provided by Section 9, 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; I. if it is not subject to the provisions of Paragraph G of this section, unless it

bears labeling clearly giving: (1) the common or usual name of the food, if any there be; and (2) 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 (2) of this paragraph is impractical or results in deception or unfair competition,

exemptions shall be established by regulations promulgated by the board; provided,

further, that the requirements of clause (2) of this paragraph shall not apply to

any carbonated beverage, the ingredients of which have been fully and correctly disclosed

in an affidavit filed with the board; J. 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 board determines to be, and by regulations prescribed, as, necessary in order

to fully inform purchasers as to its value for such uses; K. 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 paragraph is impracticable, exemptions

shall be established by regulations promulgated by the board.