For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULTERATION.
(1) Confectionery. If it contains terra, alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to the public health.
(2) Food.
(a) If any substance has been mixed and placed with it so as to reduce or lower or injuriously affect its quality or strength;
(b) If any substance has been substituted wholly or in part for the article;
(c) If any valuable constituent of the article has been wholly or in part abstracted;
(d) If it be mined, colored, powdered, coated or stained in a manner whereby an inferiority is concealed; and/or
(e) If it consists in whole or in part of a filthy, decomposed or dead animal or vegetable substance, or any portion of an animal fit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise that by slaughter.
(`90 Code, § 11-20)
FOOD. All articles used for food, drinks, confection or condiments by man or other animals, whether simple, mixed or compound.
(`90 Code, § 11-19)
MISBRANDED.
(1) All articles of food or articles which enter into the composition of goods, the package or label of which shall bear any statement, design or device regarding the article or ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the state, territory, country or place in which it is manufactured or produced.
(2) For the purpose of this article, an article shall be deemed to be
MISBRANDED:
(a) If an imitation of, or offered for sale under the distinctive name of, another article;
(b) If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in the package, or if it fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucane, acetanilide or any derivative or preparation of any of substances contained therein;
(c) If in package form and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package; and/or
(d) All articles shall be labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends and the “compound,” “imitation” or “blend,” as the case may be, is plainly marked on the package for which is os offered for sale; provided that the term “blend,” as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring and flavoring ingredients used for the purpose of coloring and flavoring only, not injurious to the public health. Nothing in this article shall be construed to require or compel proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except insofar as the provisions of this article may require to secure freedom from adulteration or misbranding.
(`90 Code, § 11-21)
PERSON. Imparts both the singular and the plural, the male and the female as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this article, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of his or her
employment of office, shall in every case be deemed to be the act, omission or failure of the corporation, company, society or association, as well as that of the person.
(`90 Code, § 11-23)