500.11 Food deemed
misbranded. ---
(1) A food is deemed to be misbranded:
(a) If its labeling is false or misleading in any particular;
however, corn meal shall not be considered misbranded because of its being
labeled "Water Ground," where such corn meal so labeled has been ground
on rocks having a diameter of not less than 42 inches and which revolve
during the grinding of same at a speed not greater than 186 revolutions per
minute.
(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 words "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; however, under this subparagraph
reasonable variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the
department.
(f) If any word, statement, or other information required by or
under authority of this chapter 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 rules as provided
by s. 500.09, 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 s. 500.09 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 s. 500.09 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) Unless its label bears:
1. The common or usual name of the food, if any; and
2. If it is fabricated from two or more ingredients, the common or
usual name of each ingredient and, if the food purports to be a beverage
containing vegetable or fruit juice, a statement placed with appropriate
prominence on the information panel specifying the total percentage of such
vegetable or fruit juice contained in the food; except that spices,
flavorings, and color additives not required to be certified under 21 U.S.C.
s. 379(e), other than those sold as such, may be designated as spices,
flavorings, and color additives, without naming each; provided, that, to the
extent that compliance with this paragraph is impractical or results in
deception or unfair competition, exemptions shall be established by rules
adopted by the department.
(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 department determines to be, and by
regulations 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 paragraph is impracticable, exemptions shall be established by
regulations promulgated by the department.
(l) If it is a fresh fruit or vegetable or a package of honey or bee
pollen not labeled in accordance with the provisions of s. 504.012 or not
otherwise labeled in such a manner as to indicate to an ultimate purchaser
the country of origin.
(m) If it is offered for sale and its label or labeling does not
comply with the requirements of 21 U.S.C. s. 343(q) pertaining to nutrition
information.
(n) If it is offered for sale and its label or labeling does not
comply with the requirements of 21 U.S.C. s. 343(r) pertaining to nutritional
content claims and health claims.
(2) When soft drinks are offered for sale in sanitary returnable
or nonreturnable containers, sealed or securely capped, impervious to
contamination by leakage or contact with foreign substances, and when the
trade name, net content, and declaration of artificial flavor or color, when
used, appear on the principal display panel, which may be the cap, crown,
lid, or side of the container of such drinks, and when the manufacturer, at
least once every year and oftener when required by the department, files with
the department an affidavit stating the trade names of such drinks
manufactured by him and the territorial limits in the state within which such
drinks are offered for sale, the provisions of this chapter requiring
additional labeling and branding of such drinks do not apply. However,
nothing in this subsection shall in any manner otherwise restrict, modify, or
impair the jurisdiction and authority of the department over such drinks as
food products and the conditions pertaining to the manufacture of
same.
History: s. 11, ch. 19656, 1939; CGL 1940 Supp. 4151(674); s. 1, ch. 26723,
1951; s. 1, ch. 28269, 1953; s. 30, ch. 63-572; s. 1, ch. 69-26; ss. 14, 35,
ch. 69-106; s. 1, ch. 80-76; s. 1, ch. 83-14; s. 7, ch. 87-388; s. 6, ch.
92-290; s. 98, ch. 92-291; s. 8, ch. 94-180.