Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS › Section 80-1-22-.02 - Labeling Of Foods, Drugs, And Cosmetics

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For purposes of this Chapter, the term
				label, as pertaining to foods, drugs and cosmetics that are sold or offered for
				sale, includes any legend and descriptive matter or design appearing upon the
				article or its container, and also includes circulars, pamphlets, and the like
				which are packed and go with the articles to the purchaser, and such letters,
				circulars and pamphlets to which reference is made either on the label attached
				to the package or the package itself.
(2) The label shall bear plainly and
				conspicuously, without any intervening descriptive matter all the information
				specifically required by the law and regulations thereunder.
(3) A label in a foreign language shall
				conform to these rules and shall bear in English, as well as in the foreign
				language used to describe the article, all the information required by the
				law.
(4) The label shall be free
				from any statement, design or device regarding the article or the ingredients
				or substances contained therein, or quality thereof, or place of origin, which
				is false or misleading in any particular. The terms design and device include
				abbreviations, characters, signs, and pictorial matter of any
				description.
(5) A food, drug or
				cosmetic product shall not be labeled or branded in such a manner as to deceive
				or mislead the purchaser. Direct misstatements and indirect misrepresentation
				regarding the article or its ingredients are prohibited, whether by means of
				designs, printed testimonials, devices, or artifices in the arrangement, style
				or dress of the package, or in the arrangement of the printed or pictorial
				matter in or upon the label or package.
(6) An article containing more than one food
				product or active medicinal agent is misbranded if named after a single
				constituent. In the case of drugs, the nomenclature of the United States
				Pharmacopoeia or National Formulary shall be followed.
(7) The statement of the formula is not
				required on the label except insofar as may be necessary to prevent
				adulteration or misbranding.
(8) An
				article of food or drugs which under the law or regulations requires special
				labeling must carry such label, not only on the original package, but also on
				all lots removed for display of the goods or for the convenience of
				handling.
(9) Retail cartons or
				other outside containers shall be labeled according to the same regulations as
				are applied to the bottle, can or other receptacle contained therein.
(10) A food product shall be deemed
				misbranded if the ingredients (where ingredient declaration is required) are
				not listed by their common or usual name in descending order of predominance by
				weight.
(11) A drug in package form
				shall be deemed misbranded if its label fails to bear the name of the product,
				together with the quantity of the contents in terms of weight, measure or
				numerical count, and the name and principal address of the manufacturer or
				other person responsible for placing the product on the market.
(12) If a food offered for sale purports to
				be or is represented for special dietary use for human consumption by reason of
				its use as regulating the intake of protein, fat, carbohydrate, or calories for
				the purpose of controlling body weight, or for the purpose of dietary
				management with respect to disease, the label shall bear a statement of:
(a) the percent by weight of protein, fat and
				available carbohydrate in such food; and
(b) the number of available calories supplied
				by a specified quantity of such food.