Labeling and marking

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  1. (a)

    1. (1) Each shipping container of any meat or meat food product, inspected under the authority of this subchapter and found to be wholesome and not adulterated, shall at the time the product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed.

    2. (2) Each immediate container of any meat or meat food product, inspected under the authority of this subchapter and found to be wholesome and not adulterated, shall at the time the product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any, the net weight or other appropriate measure of the contents, the name and address of the processor, and the approved plant number of the official establishment in which the contents were processed. The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed.

    3. (3) Each livestock carcass and each primal part of a carcass shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment.

    4. (4) The Secretary of the Department of Health may by rule require additional marks or label information to appear on livestock carcasses or parts thereof or meat food products when they leave the official establishments or at the time of their transportation or sale in this state. He or she may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter.

    5. (5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector.

  2. (b) The use of any advertising or any written, printed, or graphic matter upon or accompanying any livestock carcass, or part thereof, or meat food product inspected or required to be inspected pursuant to the provisions of this subchapter, or the container thereof which is false or misleading in any particular, is prohibited.

  3. (c)

    1. (1) No livestock carcasses or parts thereof or meat food products inspected or required to be inspected pursuant to the provisions of this subchapter shall be sold or offered for sale by any person, firm, or corporation under any false or deceptive name, but established trade names which are usual to the articles and which are not false or deceptive and which are approved by the secretary are permitted.

    2. (2) If the secretary has reason to believe that any advertising or any label in use or prepared for use is false or misleading in any particular, he or she may direct that the use of the advertising or label be withheld unless it is modified in such manner as he or she may prescribe so that it will not be false or misleading.

    3. (3) If the person using or proposing to use any advertising or the label does not accept the determination of the secretary, he or she may request a hearing, but the use of the advertising or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary.

    4. (4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court.


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