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(d) (1) If its appearance is made or in any way

altered to misrepresent its identity, character, or condition.

or its quality, strength, or value; or (2) if its immaturity, 4 inferiority, or unfitness, or if any deficiency, defect, or 5 damage in it, is concealed.

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(e) If it contains a coal-tar color other than one from a batch certified in accordance with regulations as provided 8 by section 5 (b).

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(f) In the case of confectionery or ice cream, it shall also be deemed to be adulterated if it bears or contains any 11 alcohol, resinous glaze, or nonnutritive substance except 12 harmless coloring, flavoring, natural gum, and pectin: Pro13 vided, That this paragraph shall not be construed to prohibit alcohol in confectionery or ice cream, which is derived solely from the lawful use therein of flavoring extracts: Provided 16 further, That this paragraph shall not be construed to prohibit harmless nonnutritive masticatory substances in con

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18 fectionery or chewing gum.

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ADDED POISONOUS OR DELETERIOUS SUBSTANCES- COAL

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TAR COLORS

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SEC. 5. (a) If any added poisonous or any added dele

terious substances in or on food is or may be injurious to 23 health, then the Secretary is hereby authorized to promul

24 gate regulations as provided by section 28 (a) either pro

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1 hibiting such substance in or on food or limiting the amount

2 of such substance in or on food.

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(b) The Secretary is hereby authorized to promulgate

4 regulations as provided by section 28 (a), for the certifica

5 tion of coal-tar colors which are harmless and suitable for

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ALLERGIC REACTION

SEC. 6. In construing and enforcing section 4 a reason

9 able allowance shall be made for an allergic reaction to the

10 consumption of a food.

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MISBRANDING

SEC. 7. A food shall be deemed to be misbranded— (a) (1) If its label is false in any particular; or (2) 14 if its label, while not false, is misleading in any particular. Any representation upon the label of a food regarding its 16 food value or effect shall be deemed to be false under this

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paragraph if it is not supported by reliable evidence sufficient to justify it and consistent with the purposes of this Act.

(b) (1) If it is put up in any way or in any package which is deceptive; or (2) if its package is so made, shaped, or formed as to mislead the purchaser; or (3) if its package is so slack filled as to mislead the purchaser; or (4) if its

package is so excessive in size as to misrepresent the quantity 24 of the contents: Provided, That reasonable variations shall

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be permitted and reasonable tolerances shall be allowed, as

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to the size and fill of a package, by regulations promulgated 2 by the Secretary.

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(c) (1) If it is deceptively substituted for another food; or (2) if it is offered for sale under the name of

another food; or (3) if it is an imitation of another food

and its principal label fails to state its true identity or that it is an imitation: Provided, That the word "imitation" shall be in juxtaposition with and in type of the same size

and prominence as the name of the food imitated: Provided 10 further, That subdivision (3) of this paragraph shall not be construed to sanction any unfair method of competition which is illegal at common law or prohibited by Federal

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statute.

(d) If its principal label fails to state (1) the name and place of business of its manufacturer, packer, distributor, or other seller; and (2) the quantity of the contents of

its package in terms of weight, measure, or numerical 18 count: Provided, That reasonable variations shall be per19 mitted and reasonable tolerances shall be allowed and reasonable exemptions as to small packages shall be established by regulations promulgated by the Secretary.

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(e) If it is a food fabricated from two or more in23 gredients and its principal label fails to state the common 24 name of each principal ingredient, unless such information

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has been filed with the Secretary: Provided, That if such

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statement is so made as to deceive the purchaser or to

result in unfair competition, it shall constitute a misbranding 3 within the meaning of this section: Provided further, That 4 nothing in this title shall be construed as requiring or com5 pelling the label disclosure of a private formula or a secret process with respect of food, except to the extent expressly 7 provided.

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(f) If any word, statement, or information required on its principal label by this Act to avoid adulteration or 10 misbranding hereunder is not correctly and plainly indicated and prominently placed thereon in such a manner as to be clearly seen by and in such terms as to be readily understandable to purchasers and users under the customary

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conditions of its purchase and use: Provided, That reasonable allowance shall be made in the case of small packages.

(g) (1) In the case of a food which purports to be or is represented as a food for which a standard of fill has been established by regulations as provided by section 8,

it shall also be deemed to be misbranded if the contents of 20 its package fall below such standard; or (2) in the case of a food which purports to be or is represented as a food for

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which a definition and standard of identity have been estab23 lished by regulations as provided by section 8, it shall also 24 be deemed to be misbranded if its principal label fails to 25 bear the name therefor prescribed by such regulations and if

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it fails to conform to such definition and standard; or (3) in

the case of a food which purports to be or is represented

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as a food for which a standard of quality has been estab4 lished by regulations as provided by section 8, it shall also 5 be deemed to be misbranded if it falls below such standard 6 and its principal label fails to state its actual quality in terms 7 prescribed by such regulations.

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(h) In the case of a food which purports to be or is 9 represented as a food for a special dietary use, it shall also be deemed to be misbranded if its principal label fails to bear the descriptive statement indicative of its nutritional value which is prescribed by regulations promulgated as provided 13 by section 28 (a).

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DEFINITIONS AND STANDARDS

SEC. 8. To effectuate the purposes of this Act the Secretary is hereby authorized to promulgate regulations as 17 provided by section 28 (b), establishing a reasonable and 18 objectively determined (a) definition and standard of iden19 tity, (b) minimum standard of fill of package, and/or (c) minimum standard of quality, for any food having a common or usual name: Provided, That reasonable variations shall be permitted and reasonable tolerances shall be allowed

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by such regulations: Provided further, That no such defini24 tion or standard shall conflict with any definition or standard 25 prescribed by Federal statute.