21 U.S.C. § 22 — Barrels misbranded
submitted 114 years ago by ch. 273 to r/title-21-FOOD-AND-DRUGS · 120 words · no verdicts yet
A barrel of apples is "misbranded" if labeled "Standard" grade but the apples do not meet that grade. It is also misbranded if labeled "Standard" grade without stating the variety, growing location, and packer's name.
A barrel of apples counts as "misbranded" under sections 20 to 23 of this title in two situations described below.
First, the barrel is misbranded if it carries a label claiming "Standard" grade. This rule applies when the apples inside do not actually meet the grading requirements set out in section 20 of this title. In other words, the label overstates the quality of the apples compared to the legal standard.
Second, the barrel is misbranded if it also claims the apples are "Standard" grade, but the barrel fails to state three required facts. The barrel must name the variety of apple. The barrel must also state where the apples were grown. Finally, the barrel must name the packer, or the person under whose authority the apples were packed and the barrel marked. Leaving out any one of these three facts makes the barrel misbranded, even if the apples truly are "Standard" grade.
facts
Barrels packed with apples shall be deemed to be misbranded within the meaning of sections 20 to 23 of this title—
First. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard” grade and the apples when packed do not conform to the requirements prescribed by section 20 of this title.
Second. If the barrel bears any statement, design, or device indicating that the apples contained therein are “Standard” grade and the barrel fails to bear also a statement of the name of the variety, the name of the locality where grown, and the name of the packer or the person by whose authority the apples were packed and the barrel marked.
Source credit: (Aug. 3, 1912, ch. 273, § 5, 37 Stat. 251.)
- 1912Enacted · Act of Aug. 3, 1912, ch. 273 · 37 Stat. 251
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