2005 Minnesota Statutes

     31.123 Food misbranding.  

    A food shall be deemed to be misbranded: 

    (a) If its labeling is false or misleading in any 
 particular, or if its labeling, whether on the commodity itself, 
 its container or its package, fails to conform with the 
 requirements of Laws 1974, chapter 84; 

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

    (c) If it is an imitation of another food for which a 
 definition and standard of identity have been prescribed by 
 rules as provided by sections 31.10 and 31.102; or if it is an 
 imitation of another food that is not subject to clause (g), 
 unless in either case 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, and (2) an 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 this subclause 
 reasonable variations shall be permitted, and exemptions as to 
 small packages shall be established by rules prescribed by the 
 commissioner; 

    (f) If any word, statement, or other information required 
 by or under authority of the Minnesota Food Law 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 have been prescribed 
 by rules as provided by sections 31.10 and 31.102, 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 rules, 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 rules as 
 provided by sections 31.10 and 31.102, and its quality falls 
 below such standard unless its label bears, in such manner and 
 form as such rules 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 rule as provided by 
 sections 31.10 and 31.102, and it falls below the standard of 
 fill of container applicable thereto unless its label bears, in 
 such manner and form as such rules specify, a statement that it 
 falls below such standard; 

    (i) If it is not subject to the provisions of clause (g), 
 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 this subclause is impractical or results in 
 deception or unfair competition, exemptions shall be established 
 by rules promulgated by the commissioner; 

    (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 
 commissioner determines to be, and by rules prescribes 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 clause is 
 impracticable, exemptions shall be established by rules 
 promulgated by the commissioner.  The provisions of this clause 
 and clauses (g) and (i) with respect to artificial coloring do 
 not apply to butter, cheese or ice cream.  The provisions with 
 respect to chemical preservatives do not apply to a pesticide 
 chemical when used in or on a raw agricultural commodity which 
 is the product of the soil; 

    (l) If it is a raw agricultural commodity which is the 
 product of the soil, 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; 

    (m) 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; 

    (n) 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.  

    HIST: 1974 c 84 s 32; 1985 c 248 s 70