2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART III - Food, Drugs, and Cosmetics (§§ 711 — 1031d) › Chapter 52 - Poultry Products (§§ 741 — 758) › § 746 - Standards, labeling and containers

(a) All poultry products inspected under the authority of this chapter at any official establishment and found to be unadulterated shall, at the time they leave the establishment, bear, in distinctly legible form, on the shipping containers as well as on the immediate containers, the information required by the Secretary, pursuant to the provisions of this chapter or its regulations. In addition, the Secretary, whenever he deems it convenient for the protection of the public, may require carcasses not packed in immediate containers at the time they leave the establishment, to bear thereon legibly any additional information required under this chapter or its regulations.
(b) The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe:
(1) The styles, sizes and types of letters to be used in labeling the poultry or poultry products covered by this chapter to avoid false or misleading labeling.
(2) The definition and standards of identity or composition of articles subject to this chapter and standards of fill of containers of such articles which shall be comparable to the standards established by the Federal Food, Drug and Cosmetic Act or by the Federal Poultry Products Inspection Act and they shall be established by the Secretary in consultation with the United States Secretary of Agriculture prior to their promulgation in order to avoid inconsistency between the state and federal standards.
(c) No article subject to this chapter shall be sold or offered for sale in intrastate commerce by any person, under any name, marking or labeling which is false or misleading, nor shall it be sold or offered for sale in containers of a misleading form or size. Established trade names and markings, labelings or containers which are not false or misleading and are approved by the Secretary shall be permitted.
(d) If the Secretary has reason to believe that a marking or labeling, or the size of form of a container in use or to be used with respect to any article covered by this chapter, is false or misleading in any particular, he may order the prohibition of such use unless the marking, labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary such person may request a hearing within ten (10) days after the notice of the determination; but if the Secretary so directs, said person shall withhold the use of the marking, labeling or container pending the hearing and final determination of the Secretary. The person affected may file a petition for review of said final determination in the Court of First Instance of Puerto Rico within thirty (30) days after official notice thereof, which shall be reckoned from the date said notice is sent by registered mail to the aggrieved party or his attorney. The review shall be limited to questions of law, and the findings of fact of the Secretary supported by substantial evidence in the record shall be conclusive. The person aggrieved by the judgment entered by the Court of First Instance may appeal therefrom by certiorari to the Supreme Court of Puerto Rico within twenty (20) days after notice of said judgment. The Supreme Court may issue the writ if it considers the petition meritorious but in no case shall it stay the effects of the judgment of the Court of First Instance pending the decision of the appeal.
History —July 7, 1971, No. 10, p. 601, § 6.