Connecticut Administrative Code › Title 21a - Consumer Protection › 115 - Connecticut Food, Drug and Cosmetic Act › Section 21a-115-11 - Designation of ingredients. Misleading labels. Exemptions and variations

Current through July 10, 2024
(a) The name of an ingredient, except a
			 spice, flavoring or coloring which is an ingredient of a food other than one
			 sold as a spice, flavoring or coloring, required by section
			 21a-102
			 of the general statutes to be borne on the label of a food, shall be a specific
			 name and not a collective name. But if an ingredient, which itself contains two
			 or more ingredients, conforms to a definition and standard of identity
			 prescribed by regulations under section
			 21a-100
			 of the general statutes, such ingredient may be designated on the label of such
			 food by the name specified in the definition and standard, supplemented, in
			 case such regulations require the naming of optional ingredients present in
			 such ingredient, by a statement showing the optional ingredients which are
			 present in such ingredient.
(b) No
			 ingredient shall be designated on the label as a spice, flavoring or coloring
			 unless it is a spice, flavoring or coloring, as the case may be, within the
			 meaning of such term as commonly understood by consumers. The term "coloring"
			 shall not include any bleaching substance.
(c) An ingredient which is both a spice and a
			 coloring, or both a flavoring and a coloring, shall be designated as spice and
			 coloring, or flavoring and coloring, as the case may be, unless such ingredient
			 is designated by its specific name.
(d) A label may be misleading by reason,
			 among other reasons, of (1) the order in which the names of ingredients appear
			 thereon, or the relative prominence otherwise given such names; or (2) its
			 failure to reveal the proportion of, or other fact with respect to, an
			 ingredient, when such proportion or other fact is material in the light of the
			 representation that such ingredient was used in fabricating the food.
(e)
(1) A
			 food shall be exempt from the requirements of subdivision (2) of section
			 21a-102(i)
			 of the general statutes, if all words, statements, and other information
			 required by or under authority of the act to appear on the label of such food,
			 cannot, because of insufficient label space, be so placed on the label as to
			 comply with the requirements of section
			 21a-102(f)
			 of the general statutes and regulations promulgated thereunder. But such
			 exemption shall be on the condition that, if the omission from the label of the
			 statement of the quantity of the contents affords sufficient space to state
			 legibly thereon all the information required by such subdivision (2), such
			 statement of the quantity of the contents shall be omitted as authorized by
			 section
			 21a-115-8(j)
			 (2) and the information required by said subdivision (2) shall be so stated as
			 prominently as practicable even though the statement is not of such
			 conspicuousness as to render it likely to be read by the ordinary individual
			 under customary conditions of purchase.
(2) In the case of an assortment of different
			 items of food, when variations in the item which make up different packages
			 packed from such assortment normally occur in good packing practice, and when
			 such variations result in variations in the ingredients in different packages,
			 such food shall be exempt from compliance with the requirements of subdivision
			 (2) of subsection (i) of section
			 21a-102
			 of the general statutes with respect to any ingredient which is not common to
			 all packages. But such exemption shall be on the condition that the label shall
			 bear, in conjunction with the names of such ingredients as are common to all
			 packages, a statement in terms which are as informative as practicable and
			 which are not misleading, indicating that other ingredients may be
			 present.