N.Y. Agriculture & Markets Law Section 201
Misbranding of food


Food shall be deemed to be misbranded:

1.

If its labeling is false or misleading in any particular.

2.

If it is offered for sale under the name of another article.

3.

If it is an imitation of another food, unless its label bears the word “imitation” and immediately thereafter the name of the food imitated in type of uniform size and equal prominence, followed by a statement showing the constituents thereof.

4.

If its container is so made, formed, colored or filled as to be misleading.

5.

If in package form, unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor.

6.

If any word, statement or other information required by or under authority of this article to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

7.

If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed, unless (a) it conforms to such definition and standard, and

(b)

its label bears the name of the food specified in the definition and standard, and, in so far as may be required, the common names of optional ingredients present in such food.

8.

If it purports to be or is represented as (a) a food for which a standard of quality has been prescribed by this chapter or by regulations as provided in section two hundred fourteen-b, and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or

(b)

a food for which no definition and standard of identity and/or standard of quality have been prescribed, and it falls below the standard of purity, quality or strength which it purports or is represented to possess.

9.

If it is not subject to the provisions of subdivision seven of this section, unless its label bears (a) the common or usual name of the food, if any there be, and

(b)

in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided that, to the extent that compliance with the requirements of clause (b) of this subdivision is impracticable, or results in deception or unfair competition, in the judgment of the commissioner, exemptions shall be established by regulations promulgated by the commissioner.

10.

If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the commissioner determines to be and prescribes as necessary in order to inform purchasers fully as to its value for such uses.

11.

If it bears or contains any artificial flavoring, artificial coloring, or permitted chemical preservative, unless it bears labeling stating that fact: provided, that to the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by regulations promulgated by the commissioner. The provisions of this subdivision and subdivisions seven and nine with respect to artificial coloring shall not apply in the case of butter, cheese, or ice cream. The provisions of this subdivision with respect to chemical preservatives shall not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the produce of the soil.

12.

If it is a raw agricultural commodity which is the produce of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical; provided, however, that no such declaration shall be required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

13.

If it is a color additive unless its packing and labeling are in conformity with such packing and labeling requirements, applicable to such color additive, as may be contained in regulations promulgated by the commissioner.

14.

If it contains a milk protein concentrate, caseinate, or added casein and is not subject to the provisions of subdivision seven of this section, unless its label bears the name of such substance as an ingredient.

Source: Section 201 — Misbranding of food, https://www.­nysenate.­gov/legislation/laws/AGM/201 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

198
Definitions
199
Application of article
199–A
Prohibition as to adulterated or misbranded food
199–B
Powers and duties of commissioner respecting food additives and color additives
199–C
Disposing of tainted food
199–D
Prohibition as to sulfites
199–E
Prohibition as to sale of irradiated foods
199–F
Food allergies notice in food service establishments
200
Adulteration of food
201
Misbranding of food
201–A
Kosher food and food products
201–B
Retail sale of kosher food or food products
201–C
Persons certifying as kosher
201–D
Notice of violation
201–E
Halal food and food products
201–F
Retail sale of halal food or food products
201–G
Persons certifying as halal
201–H
Notice of violation
201–I
Misbranding of certain fish species
202
Unavoidable added poisonous or deleterious substances
202–A
False advertising
202–B
Seizure and quarantine
202–C
Proceedings to review, violations and remedies
203
Manufacture and sale of imitation maple, birch, walnut or beech sugar and syrup prohibited
204
Branding and labeling of maple, birch, walnut or beech sugar and syrup mixtures
204–A
Olive oil mixtures
204–B
Foods containing fats and/or oils
204–C
Prepared horseradish
204–D
Adulteration of natural fruit juices
205
Defining honey
206
Relative to selling a commodity in imitation or semblance of honey
207
Definition of vinegars and adulterated vinegars
208
Manufacture and sale of misbranded vinegar prohibited
209
Packages containing vinegar to be branded
210
Packaging in the shape of firearms
210–A
Pork processing
213
Repacking fruit and farm produce
214
Guaranty established
214–A
Samples
214–B
Regulations
214–C
No provisions contained in sections one hundred ninety-eight, one hundred ninety-nine, two hundred, two hundred one, two hundred two, two...
214–D
Legislative finding and declaration of policy
214–E
Temporary marketing and manufacturing permits
214–F
Temperature requirements for manufacture, transportation and storage of certain foods
214–G
Labeling of certain frozen foods
214–H
Unit pricing
214–J
Small quantities of fruits and vegetables
214–K
Sale and labeling of charcoal
214–L
Sale of talc coated rice prohibited
214–M
Labeling of certain food products
214–N
Treatment and sale of apple cider
214–O
Labeling requirements for fish wholesalers

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 201’s source at nysenate​.gov

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