Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-4B-6 - Labeling6.1. Any person distributing product in a package of any form shall attach a label with the following information, except as provided in subsection 6.4 of this rule: 6.1.a. The brand name, if any, and the product name. The product name is the name established in the definition or the standard of identity, as described in section 4 of this rule, or a name that accurately identifies and describes the product. The name shall not be so similar to the name of any other food as to be confusing to the average consumer;6.1.b. The quantity of the product in the container expressed in pounds, ounces, gallons, pints, quarts, or fluid ounces. A combination of numerical count and weight may be used for multi-unit packages. In addition to these units, metric declarations may be used. All statements of quantity shall be accurate with reasonable variations due to packaging allowed;6.1.c. The name and address of the manufacturer, packer, or distributor. The address shall include the city, state, and zip code. A street address is required to identify the firm when there are several firms of that name in that city or if the street address is not available through a city or telephone directory. When the product is not manufactured by the firm whose name appears on the label, the name shall be qualified by a phrase that reveals the firm's connection with the food such as "Manufactured for " or "Distributed by ";6.1.d. A lot designation or code date to provide identification of the product. In addition, if the name on the label is not the manufacturer, the lot designation or code date shall identify the manufacturer.6.1.d.A. In the case of mix being sold to a retailer, the product shall have a sell by date or expiration date on the container.6.1.e. If ingredient statements or nutritional claims are made on the product label or in labeling, the requirements of 21 CFR, Part 101, as incorporated by reference in section 2 of this rule, must be met.6.2. No person may use a product name on a menu, sign or any other advertising unless that name clearly reflects the accurate name of the product.6.3. A manufacturer or distributor may use descriptors, such as "free," "light," "reduced," "less," "lower," etc., in conjunction with a standard of identity listed in section 4 of this rule and as outlined in 21 CFR, Part 101 adopted by reference in §61-48-2.1.a. of this rule.6.4. A manufacturer or distributor shall not distribute any package, of whatever form, without a complete label attached except for:6.4.a. Product sold at the place of manufacturing in any package that is not completely closed when offered for sale or that is closed at the time of sale. This product is exempt from the label requirements of W. Va. Code § 19-11B-4 and of this section for quantity and for the name and address of the manufacturer, packer, or distributor;6.4.b. Product sold at the place of manufacturing that is placed in a package after the customer orders the product. This product is exempt from all labeling requirements of W. Va. Code § 19-11B-4 and of this section of the rule;6.4.c. Product sold in a container from which product is dipped, and commonly known as a "bulk container," and where the product is not offered for sale to the ultimate consumer in the bulk container. This product is exempt from the label requirements of W. Va. Code § 19-11B-4 and of this section for the name and address of the packer, manufacturer, or distributor, provided that the product label identifies the manufacturing location by means of a plant number or other means. The product is also exempt from the label requirements of W. Va. Code § 19-11B-4 for the product name and quantity of the contents, provided that the quantity of contents of the size container(s) sold and the product name(s) are clearly indicated on the invoice; or,6.4.d. Product packaged in units sold in a multi-unit container, provided that each individual unit remains within the multi-unit container during distribution and the multi-unit container is labeled according to the requirements of W. Va. Code § 19-11B-4 and of this section of the rule.