CHAPTER 191LABELING FOODSReferred to in 192.107, 192.108, 192.146, 210.12
See also reference in §210.12
191.1Label requirements.
191.2Dairy products and imitations.
191.3Sale of imitation products — notice to public — penalties.
191.4Definitions.
191.5Advertising oleomargarine — restrictions.
191.6Standards for oleomargarine.
191.7Enforcement of oleomargarine law.
191.8Baking powder and vinegar.
191.9Administration — milk and dairy products.
191.10Violations — injunction.
191.1Label requirements.All food offered or exposed for sale, or sold in package or wrapped form, shall be labeled on the package or container as prescribed in sections 189.9 to 189.12, inclusive, unless otherwise provided in this chapter.[C97, §2517, 2519, 4989; S13, §2515-b, -c; SS15, §4999-a31c; C24, 27, 31, 35, 39, §3067; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.1]191.2Dairy products and imitations.The products enumerated below shall be labeled on the side or top of the container or package in which placed, kept, offered or exposed for sale, or sold as prescribed in sections 189.9 to 189.12, inclusive, except that the label shall be printed in letters not less than three-quarters inch in height and one-half inch in width and subject to the following regulations:1.Renovated butter.Renovated butter shall be labeled with the words “Renovated Butter”, and if offered or exposed for sale or sold in prints or rolls the wrapper of each and the container as required above shall be so labeled. If such butter is offered or exposed for sale uncovered and not in a container or package, a placard containing the required label shall be attached to the mass so as to be easily seen by the purchaser.2.Oleomargarine.a.  No person shall sell or offer for sale, colored oleo, oleomargarine, or margarine unless — such oleo, oleomargarine, or margarine is packaged; the net weight of the contents of any package sold in a retail establishment is one pound or less; there appears on the label of the package the word “oleo”, “oleomargarine”, or “margarine” in type or lettering at least as large as any other type or lettering on such label, and a full and accurate statement of all the ingredients contained in such oleo, oleomargarine, or margarine; and each part of the contents of the package is contained in a wrapper which bears the word “oleo”, “oleomargarine”, or “margarine” in type or lettering not smaller than twenty point type.b.  Whenever coloring of any kind has been added it shall be clearly stated on both the inside wrapper and the outside package. The ingredients of oleo, oleomargarine, or margarine shall be listed on both the inside wrapper and outside package in the order of the amounts of ingredients in the package.c.  Such oleo, oleomargarine, or margarine shall contain vitamin “A” in such quantity that the finished oleo, oleomargarine, or margarine contains not less than fifteen thousand United States Pharmacopoeia units of vitamin “A” per pound, as determined by the method prescribed in the Pharmacopoeia of the United States for the total biological vitamin “A” activity.3.Imitation cheese.Imitation cheese shall be labeled with the words “Imitation Cheese” on the cheese and on the package.4.Nonfat dry milk.For the purposes of this chapter the product resulting from the removal of fat and water from milk and containing the lactose, milk proteins, and milk minerals in the same relative proportions as in the fresh milk from which it was made may be labeled and sold as “nonfat dry milk”. It shall contain not over five percent by weight of moisture and the fat content shall not be over one and one-half percent by weight unless otherwise indicated.5.  All bottles, containers, and packages enclosing milk or milk products shall be conspicuously labeled or marked with:a.  The name of the contents as given in the definitions of this chapter and chapters 190 and 192.b.  The word “reconstituted” or “recombined” if the product is made by reconstitution or recombination.c.  The grade of the contents.d.  The word “pasteurized” if the contents are pasteurized and the identity of the plant where pasteurized.e.  The word “raw” if the contents are raw and the name or other identity of the producer.f.  The designation vitamin “D” and the number of U.S.P. units per quart in the case of vitamin “D” milk or milk products.g.  The volume or proportion of water to be added for recombining in the case of concentrated milk or milk products.h.  The words “nonfat milk solids added” and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk and milk products.i.  The words “artificially sweetened” in the name if nonnutritive or artificial sweeteners or both are used.j.  The common name of stabilizers, distillates, and ingredients, provided that:(1)  Only the identity of the milk producer shall be required on cans delivered to a milk plant as provided in chapter 192 which receives only grade “A” raw milk for pasteurization, and which immediately dumps, washes, and returns the cans to the milk producer.(2)  The identity of both milk producer and the grade shall be required on cans delivered to a milk plant as provided in chapter 192 which receives both grade “A” raw milk for pasteurization and ungraded raw milk and which immediately dumps, washes, and returns the cans to the milk producer.(3)  In the case of concentrated milk products, the specific name of the product shall be substituted for the generic term “concentrated milk products”, e.g., “homogenized concentrated milk”, “concentrated skim milk”, “concentrated chocolate milk”, “concentrated chocolate flavored low fat milk”.(4)  In the case of flavored milk or flavored reconstituted milk, the name of the principal flavor shall be substituted for the word “flavored”.(5)  In the case of cultured milk and milk products, the special type culture used may be substituted for the word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian buttermilk”, and “yogurt”.6.  All vehicles and transport tanks containing milk or milk products shall be legibly marked with the name and address of the milk plant or hauler in possession of the contents.7.a.  Tanks transporting raw milk and milk products to a milk plant from sources of supply not under the supervision of the secretary or authorized municipal corporation are required to be marked with the name and address of the milk plant or hauler and shall be sealed; in addition, for each such shipment, a shipping statement shall be prepared containing at least the following information:(1)  Shipper’s name, address, and permit number.(2)  Permit number of hauler, if not employee of shipper.(3)  Point of origin of shipment.(4)  Tanker identity number.(5)  Name of product.(6)  Weight of product.(7)  Grade of product.(8)  Temperature of product.(9)  Date of shipment.(10)  Name of supervising health authority at the point of origin.(11)  Whether the contents are raw, pasteurized, or otherwise heat treated.b.  Such statement shall be prepared in triplicate and shall be kept on file by the shipper, the consignee, and the carrier for a period of six months for the information of the secretary.8.  The labeling information which is required on all bottles, containers, or packages of milk or milk products shall be in letters of an acceptable size, kind, and color satisfactory to the secretary and shall contain no marks or words which are misleading.9.  Milk and milk products are misbranded:a.  When their container bears or accompanies any false or misleading written, printed, or graphic matter.b.  When such milk and milk products do not conform to their definitions as contained in this chapter and chapters 190 and 192.c.  When such products are not labeled in accordance with this section.[C97, §2517, 4989; S13, §2515-b, -c; C24, 27, 31, 35, 39, §3068; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.2]1991 Acts, ch 74, §8; 1992 Acts, ch 1163, §45; 2006 Acts, ch 1010, §60; 2009 Acts, ch 133, §208191.3Sale of imitation products — notice to public — penalties.1.  Every person owning or in charge of any place where food or drink is sold who uses or serves therein imitation cheese shall display at all times opposite each table or place of service a placard for such imitation, with the words “Imitation served here”, without other matter, printed in black roman letters not less than three inches in height and two inches in width, on a white card twelve by twenty-two inches in dimensions.2.  No person shall serve colored oleo, oleomargarine, or margarine at a public eating place unless a notice that oleo, oleomargarine, or margarine is served is displayed prominently and conspicuously in such place and in a manner as to render it likely to be read and understood by the ordinary individual being served in the eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items or unless each separate serving bears or is accompanied by labeling identifying it as oleo, oleomargarine, or margarine, or each separate serving thereof is triangular in shape.3.  Any person violating any provision of this section shall be guilty of a simple misdemeanor, and the person shall have all licenses issued by the state for the public eating place in which a violation occurred suspended for one year.[C97, §2517; C24, 27, 31, 35, 39, §3069; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.3]97 Acts, ch 23, §16, 2017 Acts, ch 54, §76191.4Definitions.1.  “Oleo”, “oleomargarine”, or “margarine”, for purposes of this chapter, includes all substances, mixtures, and compounds known as oleo, oleomargarine, or margarine, and all substances, mixtures, and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter. For the purposes of this chapter, colored oleo, oleomargarine, or margarine is oleo, oleomargarine, or margarine to which any color has been added.2.  “Person” as used in this chapter and chapters 190 and 192 means any individual, plant operator, partnership, corporation, company, firm, trustee, or association.[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.4]2009 Acts, ch 133, §209
See also §189.1
191.5Advertising oleomargarine — restrictions.No person, in person or by an agent, shall, by any means whatever, directly or indirectly, advertise or represent by statement, printing, writing, circular, poster, design, device, grade designation, advertisement, symbol, sound, or any combination thereof, that oleo, oleomargarine or margarine, or any brand of oleo, oleomargarine or margarine, is a dairy product for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase for consumption of oleo, oleomargarine or margarine, or any brand thereof. Whoever shall violate this provision shall be deemed guilty of a simple misdemeanor.[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.5]191.6Standards for oleomargarine.The department may prescribe and establish standards for oleo, oleomargarine, or margarine manufactured or sold in this state and may adopt the standards set up by regulations of the food and drug administration of the United States department of health and human services, 21 C.F.R. §166.110, or any amendments thereto. Any standards so established shall not be contrary to or inconsistent with the provisions of section 190.1, subsection 6, entitled “Oleomargarine”.[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.6]2007 Acts, ch 22, §46; 2009 Acts, ch 133, §75191.7Enforcement of oleomargarine law.It shall be the duty of the secretary of agriculture and the secretary’s agents to enforce this chapter and of the county attorneys and of the attorney general of the state to cooperate with the secretary in the enforcement of this chapter.[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.7]Referred to in 331.756191.8Baking powder and vinegar.Baking powder and distilled vinegar shall show on the label the name of each ingredient from which made. Distilled vinegar shall be marked as such; and cider vinegar which, having been in excess of the standard of acidity, has been reduced to the standard, shall have that fact indicated on the label.[SS15, §4999-a31, -a31c; C24, 27, 31, 35, 39, §3070; C46, 50, §191.4; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §191.8]191.9Administration — milk and dairy products.1.  The department shall administer this chapter consistent with the provisions of the “Grade ‘A’ Pasteurized Milk Ordinance”, as provided in section 192.102.2.  The department, as provided in section 192.108, may contract with a person qualified by the department to perform inspection of dairy farms, milk plants, receiving stations, or transfer stations to ensure compliance with this chapter.1991 Acts, ch 74, §9; 1994 Acts, ch 1198, §38; 1997 Acts, ch 33, §5191.10Violations — injunction.The department may restrain a person violating this chapter or a rule adopted by the department under this chapter by petitioning the district court where the violation occurs for injunctive relief. Each day that a violation continues constitutes a separate violation.1991 Acts, ch 74, §10