§ 62. Coloring matter, dairy terms, size of package, labeling, false
advertising. No person, manufacturing with intent to sell, any substance
or article to be used as a substitute for cheese and which is not made
exclusively from unadulterated milk or cream or both, with or without
salt or rennet or both but into which any animal, intestinal or offal
fats, or any oils or fats or oleaginous substance of any kind not
produced from pure, unadulterated milk or cream, or into which melted
butter, or butter in any condition or state or any modification of the
same, or lard or tallow shall be introduced, shall add thereto or
combine therewith any annatto or compounds of the same, or any other
substance or substances whatever, for the purpose or with the effect of
imparting thereto a color resembling yellow, or any shade of yellow
cheese, nor introduce any such coloring matter or other substance into
any of the articles of which the same is composed. No person
manufacturing, selling or offering for sale any oleaginous substance not
made from pure milk or cream from the same, designed to take the place
of butter, shall make or sell the same under any brand, device or label
bearing words indicative of cows or the product of the dairy or the
names of breeds of cows or cattle, nor use terms indicative of processes
in the dairy in making or preparing butter; no oleaginous substance not
made from pure milk or cream from the same, designed to take the place
of butter, shall hereafter be sold, offered or exposed for sale in this
state unless
(1) such substance is packaged,
(2) the net weight of the contents of any package thereof sold in a
retail establishment is one pound or less,
(3) there appears on the label of the package (a) the word
"oleomargarine" or "margarine" in type or lettering at least as large as
any lettering on such label, (b) a statement of the net weight of the
contents of the package, and (c) a full and accurate statement of the
ingredients contained in such substance, and
(4) each part of the contents of the package is contained in a wrapper
which bears the words "oleomargarine" or "margarine" in type or
lettering not smaller than twenty point type.
No person, firm, association or corporation shall, in connection or
association with the sale or exposure for sale, advertisement, or on the
package, of any substance designed to be used as a substitute for
butter, represent or suggest by any means whatever that such substance
is a dairy product, except that nothing herein contained shall prevent
an accurate statement of any of the ingredients contained in such
substance.