January 15, 2008, read first time and referred to Committee on Agriculture and Rural
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1300
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-2.1-2-29.7; (08)IN1300.1.1. -->
SECTION 1. IC 15-2.1-2-29.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 29.7. "Misbranded"
means a food product that meets at least one (1) of the following
(1) If the product's labeling is false or misleading in any way.
(2) If the product is offered for sale under the name of another
(3) If the product is an imitation of another food, unless the
product's label bears, in type of uniform size and prominence, the
word "imitation" and immediately afterward, the name of the food
(4) If the product's container is made, formed, or filled in a
manner that is misleading.
(5) If in packaged form, unless the product bears a label showing
(A) The name and place of business of the manufacturer,
packer, or distributor.
(B) An accurate statement of the quantity of the product in
terms of weight, measure, or numerical count.
(6) If a word, statement, or other information required under this
chapter or the rules adopted under this chapter to appear on the
label or other labeling is not prominently placed on the label with
such conspicuousness (as compared with other words, statements,
designs, or devices in the labeling) and in terms making it likely
to be read and understood by the ordinary individual under
customary conditions of purchase and use.
(7) If the product purports to be or is represented as a food for
which a definition and standard of identity or composition has
been prescribed by the rules of the board unless:
(A) the product conforms to the definition and standard; and
(B) the product's label bears the name of the food specified in
the definition and standard and, as required by rules of the
board, the common names of optional ingredients other than
spices, flavoring, and coloring present in the food.
(8) If the product purports to be or is represented as a food for
which a standard or standards of fill of container have been
prescribed by rules of the board and the product falls below the
applicable standard of fill of container unless the label bears, in
a manner and form that the rules specify, a statement that the
product falls below that standard.
(9) If the product's label does not bear the following:
(A) The common or usual name of the food, if any.
(B) If the product is fabricated from at least two (2)
ingredients, the common or usual name of each ingredient.
However, spices, flavorings, and colorings may, when
authorized by the state veterinarian, be designated as spices,
flavorings, and colorings without naming each ingredient.
(10) If the product purports to be or is represented for special
dietary uses, unless the product's label bears information
concerning the product's vitamin, mineral, and other dietary
properties that the board determines to be necessary to fully
inform purchasers of the product's value for such uses as set forth
in rules adopted by the board.
(11) If the product bears or contains artificial flavoring, artificial
coloring, or a chemical preservative, unless the product bears
labeling stating that fact.
(12) If the product fails to bear directly on the product and on the
product's containers, information the board prescribes by rule,
including an official mark, to ensure that the product will not have
false or misleading labeling and that the public will be reasonably
informed about the product.
(13) For dairy products, if the labeling contains a:
(A) compositional claim that cannot be confirmed through
laboratory analysis; or
(B) compositional or production-related claim that is
supported solely by sworn statements, affidavits, or