reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-215 - Metric Labeling Quality of Contents [Formerly 49:2.0070]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A statement of weight or measure in the
				terms specified in
				§213 may be supplemented by a statement in
				terms of the metric systems of weight or measure.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-217 - Numerical Count Quantity of Contents [Formerly 49:2.0080]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless an unqualified statement of
				numerical count gives accurate information as to the quantity of food in the
				package, it shall be supplemented by a statement of weight, measure, or size of
				the individual units of the food such as will give accurate
				information.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-219 - Use of Fractions-Quantity of Contents [Formerly 49:2.0090]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Statements of
				quantity of contents shall contain only those fractions that are generally used
				in expressing the quantity of the food. A common fraction shall be reduced to
				its lowest terms: a decimal fraction shall not be carried out to more than two
				places.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-221 - Largest Whole Units-Quantity of Contents [Formerly 49:2.0100]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the quantity
				of food in the package equals or exceeds the smallest unit of weight or measure
				which is specified in
				§213 and which is applicable to the food
				under the provisions of
				§209 and
				§211 the statement shall express, (except
				as provided in §223) the number of the largest of such units contained in the
				package; for example, the statement on the label of a package which contains
				one quart of food shall be "1 quart", and not "2 pints" or "32 fluid
				ounces."
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-223 - Fractions of Whole Units-Quantity of Contents [Formerly 49:2.0110]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a number
				is a whole and a fraction, there may be substituted for the fraction its
				equivalent in smaller units, if any smaller is specified in §225; for example,
				1-3/4 quarts may be expressed as " 1 quart 1-1/2 pints" or " 1 quart 1 pint 8
				fluid ounces"; 1-1/4 pounds may be expressed as " 1 pound 4 ounces."
B. The stated number of any unit which is
				smaller than the largest unit, (specified in §213) contained in the package,
				shall not equal or exceed the number of such smaller units in the next larger
				unit so specified; for example, instead of" 1 quart 16 fluid ounces", the
				statement shall be "1-1/2quarts" or "1 quart 1 pint"; instead of "24 ounces"
				the statement shall be " 1-1/2 pounds" or " 1 pound 8 ounces".
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-225 - Unit Designations-Quantity of Contents [Formerly 49:2.0120]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the case of a
				food with respect to which there exists an established custom of stating the
				quantity of the contents as a fraction of a unit, which unit is larger than the
				quantity contained in the package, or as units smaller than the largest unit
				contained therein, the statement may be in accordance with such custom if it is
				informative to consumers; for example, instead of " 1 pint 9 fluid ounces"
				spiritous liquors may be labeled "4/5 quart" or " 1/5 gallon."
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-227 - Minimum or Average Quantity-Quantity of Contents [Formerly 49:2.0130]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The statement of
				the quantity of contents of the package shall express the minimum or the
				average quantity. If the statement is not so qualified as to show definitely
				that the quantity expressed is the minimum quantity, the statement shall be
				considered to mean the average quantity.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-229 - Minimum Quantity Stated-Quantity of Contents [Formerly 49:2.0140]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the
				statement expresses the minimum quantity no variation below the stated minimum
				shall be permitted except variations below the stated weight or measure caused
				by ordinary and customary exposure, after the food is received from interstate
				commerce or introduced into state commerce, to conditions which normally occur
				in good distribution practice and which unavoidably result in decreased weight
				or measure. Variations above the stated minimum shall not be unreasonably
				large.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-231 - Variations Permitted-Quantity of Contents [Formerly 49:2.0150]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the
				statement does not express the minimum quantity variations shall be permitted:
1. when caused by ordinary and customary
				exposure, after the food is introduced into commerce, to conditions which
				normally occur in good distribution practice and which unavoidably result in
				change of weight or measure.
2.
				when caused by unavoidable deviations in weighing, measuring or counting
				individual packages which occur in good packing practice. But variations shall
				not be permitted to such an extent that the average of the quantities in the
				packages comprising a shipment or other delivery of the food is below the
				quantity stated, and no unreasonable shortage in any package shall be
				permitted, even though averages in other packages in the same shipment of
				delivery compensate for such shortage.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-233 - Determining Permitted Variations-Quantity of Contents [Formerly 49:2.0160]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The extent of
				variations from the stated quantity of the contents permissible under
				§229 and
				§231 shall be determined by the facts in
				the case of each individual shipment or other delivery.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-235 - Label Exemptions from Misbranding Provisions [Formerly 49:2.0170]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Labels of food
				packages shall be exempt from compliance with the requirements of Section 608,
				(5), (b) of the Act if:
1. the quantity of
				the contents, as expressed in terms applicable to the food under the provisions
				of §213 is less than
				one-half ounce avoirdupois, or less than one-half fluid ounce, or if there are
				less than six units in case the units of the food can be easily counted without
				opening the package;
2. the
				container is so small that the statement of the quantity of the contents of the
				package, together with all other words, statements and information required by
				or under authority of the Act to appear on the label, cannot, because of
				insufficient area for larger label space, be placed on the label so as to
				comply with the requirements of
				Section
				608 (c) of the Act and
				regulations promulgated thereunder.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-237 - Misbranding-Labels Lacking Prominence or Conspicuousness [Formerly 49:2.0180]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A word,
				statement or other information required by or under authority of the Act to
				appear on the label shall be deemed to lack that prominence and conspicuousness
				required by
				Section
				608 (6) of the Act by reason
				(among other reasons) of:
1. the failure of
				such word, statement or information to appear on the part or panel of the label
				which is presented or displayed under customary conditions of purchase;
				or
2. the failure of such word,
				statement, or information to appear on two or more parts or panels of the
				label, each of which has sufficient space therefor, and each of which is so
				designed as to render it likely to be under customary conditions of purchase,
				the part of panel displayed; or
3.
				the failure of the label to extend over the area of the container or package
				available for extension of the label so as to provide sufficient label space
				for the prominent placing of such word, statement of information; or
4. insufficiency of label space (for the
				prominent placing of such word, statement or information) resulting from the
				use of label space for any word statement, design, or device which is not
				required by or under authority of the Act to appear on the label; or
5. insufficiency of label space (for the
				prominent placing of such word, statement or information) resulting from the
				use of label space to give materially greater conspicuousness to any other
				word, statement, or information or to any design or device; or
6. smallness or style of type in which such
				word, statement, or information appears, insufficient background contrast,
				obscuring designs or vignettes, or crowding with other written printed or
				graphic matter.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-239 - Misbranding-Misuse of Label Space [Formerly 49:2.0190]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No exemption depending on insufficiency of
				label space as prescribed in
				§237 and
				§253 promulgated under
				Section
				608 (5) or (9) of the Act, shall
				apply if such insufficiency is caused by:
1.
				the use of label space for any word, statement, design or device which is not
				required by or under authority of the Act to appear on the labeling;
				or
2. the use of label space to
				give greater conspicuousness to any word, statement, or other information that
				is required by
				Section
				608 (6) of the Act: or
3. the use of label space for any
				representation in a foreign language.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-241 - Misbranding-Use of the English Language Required [Formerly 49:2.0200]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All words,
				statements, and other information required by or under authority of the Act to
				appear on the label or labeling shall appear thereon in the English
				language.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-243 - Misbranding-Use of a Foreign Language [Formerly 49:2.0210]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If in addition to the required information
				the label or labeling contains any representation in a foreign language, all
				words, statements and other information required by or under authority of the
				Act to appear on the label or labeling shall appear thereon in the foreign
				language.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-245 - Misbranding-Ingredient Name [Formerly 49:2.0220]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of an ingredient (except a spice,
				flavoring or coloring) required by
				Section
				608 (9) (b) of the Act to be
				borne on the label of a food, shall be a specific name and not a collective
				name. However, if a compound ingredient (which itself contains two or more
				components) conforms to a definition and standard of identity prescribed for
				such a compound by regulations under
				R.S.
				40:610, such a compound may be designated on
				the label of the food by the names specified in the definition and standard,
				supplemented in case the regulations require the naming of optional components
				present in such a compound ingredient, by a statement showing the optional
				components which are present in the compound ingredient.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-247 - Misbranding-Spice, Flavoring or Coloring Misbranding [Formerly 49:2.0230]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No ingredient
				shall be designated on the label as a spice flavoring or coloring, unless it is
				a spice, flavoring or coloring, as understood by consumers. The term "coloring"
				shall not include any bleaching substance.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-249 - Misbranding-Ingredient has More than One Use [Formerly 49:2.0240]

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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 an
				ingredient is designated by its specific name.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-251 - Misbranding-Misleading Labels [Formerly 49:2.0250]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A label may be misleading by reason (among
				other reasons) if:
1. the order in which the
				name of ingredients appear thereon, or the relative prominence otherwise given
				such names; or
2. its failure to
				reveal the proportion of, other fact with respect to, an ingredient, when such
				a proportion or other fact is material in the light of representation that the
				ingredient was used in fabricating the food.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-253 - Misbranding-Assorted Foods [Formerly 49:2.0260]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Labels of food packages shall be exempt
				from compliance with the requirements of
				Section
				608 (9) (b) of the Act if the
				container is so small that the label when extended over the area available for
				label space is of insufficient size so that all words, statements and other
				information required by or under authority of the Act to appear on the label
				cannot be so placed on the label as to comply with the requirements of
				Section
				608 (6) of the Act and
				§215 with its subparagraphs. This exemption
				shall be on the condition that if the statement of the quantity of contents is
				omitted as authorized by
				§235. A. 2 under
				Section
				608 (5)
of the Act, and this omission will allow sufficient space to
				  include the information required by
				  Section
				  608 (9) (b) even though the
				  statement is not so conspicuous as to be likely to be read by the ordinary
				  individual under customary conditions of purchase then the statement of the
				  quantity of contents shall be omitted and the information required by
				  Section
				  608 (9) (b) of the Act shall be
				  stated as prominently as is practicable.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-255 - Misbranding-Variation in Ingredients [Formerly 49:2.0270]

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an assortment of different foods are
				packed together and there are variations in the kinds and amounts of these
				different foods within the various individual packages resulting in variations
				in the ingredients in the different packages such as would occur normally in
				good packing practice, the requirements of
				Section
				608 (9) (b) of the Act with
				respect to any ingredient which is not common to all packages need not be
				complied with. However, such exemption shall be on the condition that the label
				shall bear a statement indicating in terms as informative as practicable, and
				not misleading, that other ingredients may be present.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-257 - Chemical Preservatives [Formerly 49:2.0280]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of any chemical preservative in or
				on any food or food product is prohibited, except as hereinafter provided:
1. sodium benzoate shall be permitted to be
				used in foods or food products as a preservative, in amounts not to exceed 1/10
				of 1 percent of the weight of the food or of the volume of the food in case of
				fluids; provided the food or food product is properly labeled to show the
				presence and amount of sodium benzoate; and provided, further, that such food
				or food product cannot be satisfactorily kept from spoilage under good sanitary
				methods without the addition of sodium benzoate within the above-prescribed
				amount; and provided, further, that no definition or standard of identity has
				been promulgated wherein chemical preservatives are specifically prohibited for
				such food or food product.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-259 - Misbranding-Food not in Package Form [Formerly 49:2.0290]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A food subject to the requirements of
				Section 608(11) of the Act shall be labeled according to those requirements,
				except as provided in §263, even though the food is not in package form.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-261 - Misbranding-Artificial Flavoring, Coloring or Preservative [Formerly 49:2.0300]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A statement of
				the presence of artificial flavoring, artificial coloring, or chemical
				preservative shall be placed on the label of the food, or on its container or
				wrapper; or on any two or all of these, as may be necessary to render the
				statement likely to be read by an ordinary individual under customary
				conditions of purchase and use of the food.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-263 - Misbranding Exemption-Package Size [Formerly 49:2.0310]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A food shall be exempt from compliance
				with the label requirements of
				Section
				608 (11) of the Act if it is not
				in package form and the units thereof are so small that a statement of
				artificial flavoring, artificial coloring, or chemical preservative, as the
				case may be, cannot be placed on the units with such prominence as to render it
				likely to be read by an ordinary individual under customary conditions of
				purchase and use.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-265 - Misbranding-Open Containers [Formerly 49:2.0320]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An open container of a fresh fruit or
				fresh vegetable, the quantity of contents of which is not more than one dry
				quart, shall be exempt from the labeling requirements of
				R.S. 40:608(5) and
				(7)(b) (with respect to the name of the food
				specified in the definition and standard), and, of
				Section
				608 (9) (a) of the Act; but such
				exemption shall be on the condition that if two or more such containers are
				enclosed in a crate or other shipping package, the crate or package shall bear
				labeling showing the number of containers enclosed therein and the quantity of
				the contents of each.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-267 - Misbranding-Food to be Labeled, Processed or Packed [Formerly 49:2.0330]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A food which is
				to be labeled, processed or repacked in substantial quantities in accordance
				with regular trade practice, at an establishment other than that where
				originally processed or packed, shall be exempt, except as provided by
				§269 and §271, from compliance with the
				labeling requirements of
				Section
				608 (3), (7), (8), (9), (10),
				(11) of the Act during transit from the original establishment to the labeling,
				processing or repacking plant, if:
1. the
				person responsible for the transit of the food in commerce is the operator of
				the establishment where the food is to be labeled, processed, or repacked;
				or
2. the shipment or delivery of
				food is made under a written agreement, signed by and containing the post
				office addresses of the person responsible for the shipment or delivery and the
				operator of the labeling, processing, or repacking plant and also containing
				specifications for the labeling, processing, or repacking, as the case may be,
				which if followed will ensure that the food will not be adulterated or
				misbranded within the meaning of the Act upon completion of the labeling,
				processing, or repacking. Each party to the agreement shall keep a copy of the
				agreement until all the food or foods subject to its terms have been removed
				from the labeling, processing or repacking establishment and copies of the
				agreement shall be made available at any reasonable hour for inspection by any
				officer or employee of the Board who requests them.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-269 - Misbranding-Exemption Void [Formerly 49:2.0340]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any exemption of a food under §267(A)(1) shall immediately be void if the food, or any part thereof, at time of removal
				from the original establishment is adulterated or misbranded within the meaning
				of the Act when so removed.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-271 - Misbranding-Agreement [Formerly 49:2.0350]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An exemption of a food under §267(A)(2) shall immediately become void:
1. upon
				refusal by the person responsible for the shipment or delivery of the food to
				make available for inspection a copy of the agreement specified in, and
				required by §267(A)(2);
2. upon
				refusal by the operator of the establishment where the food is to be labeled,
				processed, or repacked to make available for inspection a copy of the agreement
				specified in, and required by §267(A)(2);
3. if the food, or any part thereof, at time
				of removal from the original establishment is adulterated or misbranded within
				the meaning of the Act when so removed.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 2 - Food Regulations › Section I-273 - Misbranding-Dyes and Colors [Formerly 49:2.0360]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only harmless animal or vegetable dyes and
				such coal-tar colors as have been certified by the Federal Food and Drug
				Administration under authority of Federal Food, Drug and Cosmetic Act of 1938
				and defined under coal-tar color regulations as published in Federal Security
				Agency, Service and Regulatory Announcements FDC 3, issued September, 1940, or
				as amended from time to time, shall be used in, offered for sale for use in, or
				distributed for use in or on foods, or their containers where the container is
				of a style or type so that the color or dye may come in direct contact with the
				contained food.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-301 - Definitions [Formerly 49:2.1100]

Current through Register Vol. 50, No. 6, June 20, 2024
Package
-any container in which any bottled
				  water is enclosed for use in the delivery or display of such commodity to
				  retail purchasers, but does not include:
1. shipping containers or wrappings used
				solely for the transportation of any such commodity in bulk or in quantity to
				manufacturers, packers, processors or wholesalers or retail
				distributors;
2. shipping
				containers or outer wrappings used by retailers to ship or deliver any such
				commodity to retail customers if such containers and wrappings bear no printed
				matter pertaining to any particular commodity;
3. five gallon containers of water intended
				for use in water vending machines, water coolers or dispensers.
Principal Display Panel
(as it applies to
				  water in package form and as used in this part)-the part of a label that is
				  most likely to be displayed, presented, shown or examined under customary
				  conditions of display for retail sale.
Bottled Water
-water that is sealed in
				  bottles or other containers and intended for human consumption. Bottled water
				  includes spring water, artesian water, purified water and drinking water, but
				  does not include mineral water, sparkling water or any soda water
				  products.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-303 - Labeling Outer Container or Wrapper [Formerly 49:2.1110]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A requirement contained in this part that
				any word, statement or other information which appears on the label shall not
				be considered to be complied with unless such word, statement or information
				also appears on the outer container or wrapper of the retail package.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-305 - Identity Labeling of Water in Packaged Form [Formerly 49:2.1120]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The principal
				display panel of a water in packaged form shall bear as one of its principal
				features a statement of the identity of the commodity.
B. Such statement of identity shall be in
				terms of:
1. the common or usual name of the
				water, indicating the source of the water, or in the absence thereof;
2. an appropriately descriptive name
				indicating the source of the water;
3. this statement of identity shall be in
				terms of:
a. this statement of identity shall
				be presented in bold type on the principal display panel, shall be in a size
				reasonably related to the most prominent printed matter on such panel and shall
				be in lines generally parallel to the base on which the package rests as it is
				designed to be displayed.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-307 - Water, Designation of Additives [Formerly 49:2.1130]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chemical name and concentrations of
				any preservatives or additives added to a bottled water shall be declared on
				the principal display panel immediately below the identity statement in type
				size not less than 6.0 points. Preservatives or additives added to bottled
				water shall be listed by common or usual name in descending order of
				predominance by weight.
B. The name
				of a preservative or additive shall be a specific name and not a collective
				(generic) name.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-309 - Water; Designation or Treatment Methods [Formerly 49:2.1140]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The principal
				display panel of water in packaged form shall bear as one of its principal
				features a statement of the method of treatment to which it has been subjected.
				The treatment shall be identified by its common or usual name, e.g., activated
				carbon filtration, etc.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 3 - Bottled Water Labeling Regulations › Section I-311 - Water; Labeling of Five Gallon Containers [Formerly 49:2.1150]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The labeling
				requirements for water packaged in five gallon containers or larger, intended
				for use in water coolers, water vending machines or dispensers, will be deemed
				complied with if all mandatory labeling information required by this part
				appears on the cap or crown.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 4 - Water Vending Machines Regulations › Section I-401 - Definitions [Formerly 49:2.1200]

Current through Register Vol. 50, No. 6, June 20, 2024
Water Vending Machine
-any self-service
				  device which, upon insertion of money or tokens or upon receipt of payment by
				  other means, dispenses unit servings of water in bulk into a container, without
				  the necessity of refilling the machine between each operation.
Permit
-shall mean and be limited to a permit
				  issued under and pursuant to the provisions of these regulations.
Vended Water
-that water dispensed by means
				  of a water vending machine.
Person
-any individual, public or private
				  corporation, company, association, partnership, municipality or any other legal
				  entity or its legal representative, agent or assigns.
Operator
-any person who owns or operates a
				  water vending machine.
Potable Water
-water which meets the
				  requirements of Chapter VIII of the Louisiana State Sanitary Code of January 1,
				  1977 and any subsequent revisions.
Spring Water
-water obtained from a water
				  source which flows naturally from an underground spring or is obtained from
				  such spring by means of drilling and/or pumps.
United
States
Pharmacopeia
-the "Pharmacopeia of the United States of America
				  prepared under authority of the United States Pharmacopeial Convention"; a book
				  of standards for drugs, tests, waters and reagents.
Purified Water
-water produced by
				  distillation, deionization, reverse osmosis or other methods as defined in the
				  current edition of the "United States Pharmacopeia".
Non-Toxic Materials
-materials which are free
				  of substances which may render the water injurious to health or which may
				  adversely affect the flavor, color, odor or microbiological quality of the
				  water.
Approved
-approved in writing by the
				  designated representative of the State Health Officer.
Sanitary
-promoting or pertaining to health
				  and, therefore, free of harmful or deleterious contaminants.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 4 - Water Vending Machines Regulations › Section I-403 - Operating Requirements [Formerly 49:2.1210]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each water vending machine operator shall:
1. obtain a permit for each water vending
				machine operated;
2. install each
				water vending machine to a potable water supply in accordance with the State
				Sanitary Code and any applicable, local plumbing codes;
3. operate and maintain all water vending
				machines in a sanitary manner;
4.
				maintain adequate water quality monitoring by analyzing one sample every three
				months bacteriologically from each water vending machine;
5. take investigative or corrective action,
				in cooperation with the Food and Drug Control Unit, as necessary when a vending
				machine malfunctions to assure that a pure, wholesome and potable water supply
				is supplied to consumers.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 4 - Water Vending Machines Regulations › Section I-407 - Service, Sampling and Records [Formerly 49:2.1230]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All parts and surfaces of the water
				vending machines shall be maintained in clean condition by the water vending
				operator. The vending chamber and vending nozzle of each machine shall be
				cleaned and sanitized each time the machine is serviced. A record of cleaning
				and maintenance operations shall be kept by the operator for each water vending
				machine.
B. The vended water from
				each water vending machine shall be analyzed once every three months for total
				coliforms. The analysis shall be performed by a laboratory approved by the
				State Health Officer in accordance with the provisions of the EPA Manual
				#600/8-78-008 titled "Manual for the Interim Certification of Laboratories
				Involved in Analyzing Public Water Supplies Criteria and Procedures, May,
				1978". This manual is prepared by the United States EPA, 1201 Elm St., Dallas,
				Texas 75270.
C. The vended water
				from each water vending machine utilizing silver-impregnated carbon filters in
				the treatment process shall be analyzed once every three months for silver. The
				analysis shall be performed by a laboratory approved by the State Health
				Officer in accordance with the provisions of the EPA Manual #600/8-78-008
				titled "Manual for the Interim Certification of Laboratories Involved in
				Analyzing Public Water Supplies Criteria and Procedures, May, 1978".
D. A more frequent analysis of the above
				parameters, or additional analysis may be required by the State Health Officer
				if there is some presumption of unfitness of the vended water because of the
				presence of undesirable elements, compounds or materials caused by the passage
				of water through the machine.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-503 - Registration Provisions [Formerly 49:2.2110]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the provisions of
				R.S.
				40:627, each manufacturer, packer or
				proprietor of processed foods, drugs, proprietary or patent medicines,
				prophylactic devices and cosmetics in packaged form shall register each
				separate and distinct product annually with the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1483(J),
				  R.S.
				  40:5(A)(8)(15)(17) and
				  R.S.
				  40:604.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-505 - Notice of Renewal, Application for Registration, Firm Name [Formerly 49:2.2120]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				firm which is required to register products shall be notified at least 30 days
				in advance of the expiration date for the current certificate of registration.
				Notification shall be made in letter form and shall include the appropriate
				application for registration. Application for registration must be made in the
				name of the firm appearing on the labels.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-507 - Safety and Efficacy [Formerly 49:2.2130]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Products containing new ingredients cannot
				be registered unless the application for registration is supported by full
				reports of investigations which have been made to show whether or not such
				product is safe for use and, if a drug or device, is effective in use. Such
				information will not be required; however, if the product has been approved by
				the U.S. Food and Drug Administration and the application for registration is
				supported by a copy of that approval.
AUTHORITY NOTE:
				  Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as
				  amended.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-509 - Product Registration Procedure [Formerly 49:2.2140]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the provisions of
				R.S.
				40:627 and 628 and in order to establish
				revised procedures for the annual registration of products, manufacturers,
				packers, processors and distributors of all processed foods, drugs, proprietary
				or patent medicines, prophylactic devices and cosmetics in packaged form, whose
				names appear on the labels, must submit an application for registration of such
				products on or before July 1 of each year. Certificates of registration will be
				issued to each firm for a period of one year expiring on June 30 of each
				year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1483(J),
				  R.S.
				  40:5(A)(8)(15)(17) and
				  R.S.
				  40:604.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-511 - Late Registration Penalty Fees [Formerly 49:2.2150] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:604 and
				  R.S.
				  40:627(D).
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-513 - Late Registration Penalty-New Firms [Formerly 49:2.2160] (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:1483(J),
				  R.S.
				  40:5(A)(8)(15)(17) and
				  R.S.
				  40:604.
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-515 - Penalty Fee Assessment [Formerly 49:2.2170]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The late registration penalty fees as
				established by Act 344 of the 1985 Louisiana Legislature will assess each
				manufacturer, packer, or proprietor a penalty of $10 for failure to register
				each separate and distinct product annually. The penalty assessed shall be in
				addition to the examination and investigation charge (registration fee). No
				manufacturer, packer, or proprietor shall be assessed a late registration
				penalty fee of more than $100 in any calendar year.
B. Late penalty fees shall be assessed as
				follows:
Number of Products
							 Registered
Penalty Fee
1
$ 10
2
$ 20
3
$ 30
4
$ 40
5
$ 50
6
$ 60
7
$ 70
8
$ 80
9
$ 90
10
$100
More than 10
$100
C.
				Late registration penalty fees will be imposed on those firms which fail to
				submit an application for registration and registration fees on or before July
				1 of each year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:604 and
				  R.S.
				  40:627(D).
Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 5 - Registration of Foods, Drugs, Cosmetics and Prophylactic Devices › Section I-517 - Registration of Consumable Hemp Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with the provisions of
				R.S.
				3:1482 as promulgated by the 2021
				legislature, manufacturers or distributors of consumable hemp products must
				register each separate and distinct product with the department-annually and
				initially within 90 days of the effective date of these regulations or prior to
				marketing the products in the state of Louisiana, whichever comes
				first.
B. The manufacturer of any
				product that is not registered within the specified timeframe will be deemed to
				be in violation of these rules with respect to such product(s).
C. In lieu of the annual examination and
				administration charge normally collected under
				R.S.
				40:628(B), the applicant for
				a consumable hemp product registration must provide (both initially and on or
				before July 1 of each year) the department with a packet that includes:
1. a completed application form;
2. a cashier's check, money order, or
				electronic payment made payable to the department in the amount of $50 per each
				separate and distinct product;
3.
				specimen copies of labeling for each separate and distinct product in
				electronic format;
4. laboratory
				accreditation verification documentation;
5. laboratory certificate of analysis (COA)
				for each separate and distinct product;
6. attestation that the product was produced
				from hemp. However, the department reserves the right to request a copy of the
				current grower or processor's license issued by the authority of competent
				jurisdiction for the firm responsible for the hemp crop from which the products
				are derived;
7. for each separate
				and distinct product, photographs or renderings of the product that accurately
				depict the entirety of the product, including all accessories or physical items
				included or sold with the product, whether attached or not. The department may
				require the submission of a specimen of the actual product and all included
				accessories if it determines in its sole discretion that submitted renderings
				or photographs do not allow a sufficient determination that the product meets
				all applicable requirements of this Chapter; and
8. for each separate and distinct product, a
				detailed written description of how individual servings will be packaged and
				marketed for sale. A product whose label fails to comply with the requirements
				of §533 of this Chapter
				will not be registered. A product packaged, labeled, or marketed in a manner
				that physically or functionally combines individual servings, resulting in a
				functional or suggested product serving size that exceeds eight milligrams of
				total THC per serving, shall not be registered and shall be subject to
				revocation of registration pursuant to
				§518 of this Chapter.