2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART III - Food, Drugs, and Cosmetics (§§ 711 — 1031d) › Chapter 51 - Food, Drug and Cosmetic Act (§§ 711 — 732) › § 721 - Food misbranding

A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(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 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;
(2) an accurate statement of the quantity of the contents in terms of weight, measure, or individual units of weight or measure contained in the complete package; Provided, That under subsection (e)(2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary.
(f) If any word, statement, or other information required by or under authority of this chapter (required to be printed on the label or labeling) is not prominently placed and with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as not likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(g) If it purports or represents to be a food for which a definition and standard of identity has been prescribed as provided by § 719 of this title, and by regulations, 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 regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.
(h) If it purports or represents to be:
(1) A food for which a standard of quality has been prescribed as provided by § 719 of this title, and by regulation, and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement to the effect that it falls below such standard, or
(2) a food for which a standard of fill of container has been prescribed as provided by § 719 of this title, and by regulation, and it falls below the said standard, unless its label bears, in such a manner and form as such regulations specify, a statement to the effect that it falls below such standard.
(i) If it is not subject to the provisions of subsection (g) of this section, unless:
(1) Its label bears the common or usual name of the food, if any there be, and
(2) in case it is fabricated from two (2) or more ingredients, unless its label bears the common or usual name of each such ingredient; except that spices or seasonings, the aromatic substances for flavoring, and colorings, except when they are sold as such, may be designated in the label without specifically naming each; Provided, That the Secretary shall, by regulations, establish exemptions that will extend to such points, in connection with the requirements of clause (2) of this subsection, as it will not be practical to enforce, if it does not result in deception, or favorable to unfair competition.
(j) If it purports or represents to be for special dietary uses, unless its label bears such information concerning vitamins, mineral substances, and other dietary properties as the Secretary determines by regulation to be necessary in order to fully inform purchasers as to its value for such uses.
(k) If it bears or contains any artificially added aromatic substances for flavoring, coloring matter, or chemical preservatives, unless its label bears a declaration stating that fact; Provided, That to the extent that compliance with the requirements of this paragraph is impracticable, the Secretary shall, by regulation, establish exemptions.
History —Apr. 26, 1940, No. 72, p. 492, § 11, eff 90 days after Apr. 26, 1940.