Tennessee § 53-1-105 - Food deemed misbranded.

§ 53-1-105. Food deemed misbranded.

A food shall be deemed to be misbranded if: Its labeling is false or misleading in any particular; It is offered for sale under the name of another food; 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; Its container is so made, formed or filled as to be misleading; In package form, unless it bears a label containing: The name and place of business of the manufacturer, packer or distributor; and An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (5) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner; Any word, statement or other information required by this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; 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 in § 53-1-205, unless: It conforms to the definition and standard; and Its label bears the name of the food specified in the definition and standard, and insofar as may be required by the regulations, the common names of optional ingredients, other than spices, flavorings and coloring, present in the food; It purports to be or is represented as a food for which a standard of quality has been prescribed by regulations as provided by § 53-1-205 and its quality falls below the standard, unless its label bears, in a manner and form that the regulations specify, a statement that it falls below the standard, or standard of fill of container applicable to the food; It is not subject to subdivision (7), unless its label bears: The common or usual name of the food, if there is one; and In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings and colorings, other than those sold as spices, flavoring and colorings, may be designated as spices, flavorings and colorings, without naming each; provided, that to the extent that compliance with the requirements of this subdivision (9)(B) is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner. The requirements of this subdivision (9)(B) shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by this subdivision (9)(B), to the commissioner in an affidavit; It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral and other dietary properties that the commissioner determines to be, and by regulations prescribes, as necessary in order to fully inform purchasers as to its value for special dietary uses; or It bears or contains any artificial flavoring, artificial coloring or chemical preservatives, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subdivision (11) is impracticable, exemptions shall be established by regulations promulgated by the commissioner. This subdivision (11) with respect to artificial coloring shall not apply in the case of butter, cheese or ice cream. Any poultry, poultry product, meat, or meat food product offered for sale, sold, or distributed in this state and labeled or advertised as “Tennessee-raised” or by a similar designation is misbranded if the poultry or animal was not raised in this state. The commissioner may waive a determination that poultry, a poultry product, meat, or a meat food product is misbranded under subdivision (b)(1) upon application of the producer or processor, if the commissioner finds that a waiver is warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the producer and the availability of processing facilities in this state. As used in this subsection (b): “Meat”, “meat food products”, “poultry”, and “poultry products” have the same meanings as defined in § 53-7-202; and “Tennessee-raised” means: For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and For meat and meat food products, that the animal was born, raised, and processed solely in this state. Acts 1941, ch. 120, § 11; C. Supp. 1950, § 6580.11; T.C.A. (orig. ed.), § 52-111; Acts 2020, ch. 725, § 1. Amendments. The 2020 amendment added (b). Effective Dates. Acts 2020, ch. 725, § 2. October 1, 2020. Collateral References. Constitutionality of statutes relating to branding of farm products. 73 A.L.R. 1445 . Importation of product or place of production, statute requiring label giving notice as to. 83 A.L.R. 1409 , 124 A.L.R. 572 . Literature other than that attached to product itself, statutory provisions against misbranding or false labeling as applicable to. 143 A.L.R. 1453 . Oleomargarine or other substitute for butter, regulations as to marking or labeling of. 53 A.L.R. 478 . Validity and construction of statutes, ordinances or regulations concerning the labeling or branding of horse meat to be sold for human consumption. 19 A.L.R.2d 1013. Law Reviews. Products Liability: Tennessee Retailers, 23 Tenn. L. Rev. 385.