W. Va. Code R. § 61-4C-5 - Labeling

5.1. Each dairy product or imitation dairy product for which no standard of identity exists must have a label attached with the following information, except as provided in subsection 5.5 of this rule:

5.1.a. The brand name, if any, and the product name. The product name is the name that accurately identifies and describes the product. The name shall not be so similar to the name of any other food so as to be confusing to the average consumer.

5.1.b. The quantity of the product in the container shall be 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.

5.1.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 company when there are several companies 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 company whose name appears on the label, the name shall be qualified by a phrase that reveals the company's connection with the food, such as "Manufactured for ________", or "Distributed by ________"; and

5.1.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.

5.2. 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.

5.3. 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.

5.4. Products labeled as requiring refrigeration must be maintained under refrigeration throughout distribution and while on retail display.

5.5. A manufacturer or distributor shall not distribute any package, of whatever form, without a complete label attached except for:

5.5.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, § 19-11A-4 and of this section for quantity and for the name and address of the manufacturer, packer or distributor;

5.5.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, § 19-11A-4 and of this section of the rule.

5.5.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, § 19-11A-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, § 19-11A-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; and

5.5.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, § 19-11A-4 and of this section of the rule.

5.6. Any dairy product or imitation dairy product being shipped in interstate commerce must meet the labeling requirements of the U.S. Food and Drug Administration. If any portion of this section is found to be in conflict with the federal labeling requirements for products shipped in interstate commerce, the federal requirements take precedence.

5.7. The label shall meet the minimum labeling requirements for 21 CFR Part 101 Nutritional Labeling".

Notes

W. Va. Code R. § 61-4C-5