§ 21-210. Misbranded food
West's Annotated Code of MarylandHealth--General
MD Code, Health - General, § 21-210
§ 21-210. Misbranded food
(a) For purposes of this subtitle, a food is considered to be misbranded under any condition specified in this section.
(b) A food is misbranded if:
(6) It purports to be or is represented as a food for which a standard of quality has been set by a rule or regulation under § 21-237 of this subtitle and its quality falls below that standard, unless its label bears, in the manner and form that the rule or regulation specifies, a statement that the food falls below the standard;
(8) It purports to be or is represented for special dietary uses, unless its label bears the information about its vitamin, mineral, and other dietary properties that the Secretary determines by a rule or regulation adopted under § 21-213 of this subtitle to be necessary to inform purchasers fully of its value for those uses;
(c) As they relate to the use of artificial coloring, the provisions of subsection (b)(7), (9), and (10) of this section do not apply to butter, cheese, or ice cream.
(d) Notwithstanding the provisions of subsection (b)(7)(ii) of this section, regarding the labeling requirements for a food that is made from 2 or more ingredients, spices, flavorings, and coloring ingredients may be designated as “spices”, “flavorings”, and “colorings”, without naming each specific item. However, this exception does not apply if the food product itself is sold as a spice, flavoring, or food coloring.
(e)(1) If, as applied to a particular food, compliance with the requirement that each of the 2 or more ingredients in the food be set forth in its labeling is impractical or results in deception or unfair competition, the Secretary shall adopt a rule or regulation that exempts that food product from the provisions of subsection (b)(7)(ii) of this section.
(2) If, as applied to a particular food product, it is impractical to comply with the requirement that the labeling disclose the presence of an artificial flavoring, an artificial coloring, or a chemical preservative, the Secretary shall adopt a rule or regulation that, to the extent appropriate, exempts that food product from any appropriate provision of subsection (b)(9) of this section.
Credits
Added as Health-Environmental § 4-210 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Amended by Acts 1983, c. 583, § 2, eff. July 1, 1983; Acts 1984, c. 255, § 1, eff. May 8, 1984. Transferred to Health-General § 21-210 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1987, c. 306, § 15, eff. July 1, 1987; Acts 1988, c. 6, § 11, eff. July 1, 1988; Acts 1995, c. 265, § 1, eff. Oct. 1, 1995.
Formerly Art. 43, § 188C.
MD Code, Health - General, § 21-210, MD HEALTH GEN § 21-210
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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