§ 3.1-387. (Repealed effective October 1, 2008) Definitions
For the purpose of this article:
(1) The term "Commissioner" means the Commissioner of Agriculture and Consumer Services. The term "Board" means the Board of Agriculture and Consumer Services.
(2) The term "person" includes an individual, partnership, corporation and association.
(3) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
(4) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.
(5) The term "immediate container" does not include package liners.
(6) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article.
(7) If an article is alleged to be misbranded because the label is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
(8) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food.
(9) The term "contaminated with filth" applies to any food not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
(10) The provisions of this article regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; the sale of any such article; and the supplying of any such articles in the conduct of any food establishment.
(11) The term "federal act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. § 301 et seq.; 52 Stat. 1040 et seq.).
(12) For the purposes of this article, "butter" shall be understood to mean the food product generally known as "butter," which is made exclusively from milk or cream, or both, with or without common salt, and with or without coloring matter, and containing not less than eighty per centum by weight of milk fat, all tolerances having been allowed for.
(Code 1950, § 3-307; 1966, c. 702.)
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