N.Y. Comp. Codes R. & Regs. tit. 1 § 317.5

Current through Register Vol. 46, No. 42, October 16, 2024

Section 317.5 - Officer in charge may permit modifications of approved labels

The officer in charge may permit modification of approved labels, or markings under the following circumstances, provided the labeling or marking as modified is so used as not to be false or misleading:

(a) When all features of the label or marking are proportionately enlarged and the color scheme remains the same;

(b) When there is substitution of such abbreviations as "lb." for "pound", or "oz." for "ounce", or the word "pound" or "ounce" is substituted for the abbreviation;

(c) When a master or stock label has been approved from which the name and address of the distributor are omitted and such name and address are applied before being used (in such case, the words "prepared for" or similar statement must be shown together with the blank space reserved for the insertion of the name and address when such labels are offered for approval);

(d) When, during Christmas and other holiday seasons, wrappers or other covers bearing floral or foliage designs or illustrations or rabbits, chicks, fireworks, or other emblematic holiday designs are used with approved labels or markings. (The use of such designs will not make necessary the application of labeling not otherwise required);

(e) When there is a slight change in arrangement of directions pertaining to the opening of cans or the serving of the product;

(f) When there is a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label; provided, that the change in quantity of ingredients complies with any minimum or maximum limits for the use of such ingredients prescribed in Parts 318 and 319 of this Article.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 317.5