§ 5-113. Labeling.
A. The provisions of this section regarding the sale of any article shall be considered to include the manufacture, production, packaging, offer, offer for transportation, transportation, exposure, possession, and holding of any such article and the supplying or applying of any such article in the conduct of any manufacturer, distributor, or seller of food.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. “Food” means articles used for food or drink for man or animals, chewing gum, or articles used for components of food or drink or chewing gum for man or animals.
2. “Label” means a display or written, printed or graphic matter upon the immediate container of any food. A requirement made by or under authority of the Food Labeling Act that any word, statement or other information appear 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, of the retail package of such food or is easily legible through the outside container or wrapper. Immediate container does not include package liners.
3. “Labeling” means all labels and other written, printed or graphic matter:
a. Upon any food or any of its containers or wrappers; or
b. Accompanying such food.
4. “Person” means a human being, firm, corporation, partnership, or other business association.
5. “Quality date” means a date on a label affixed to the packaging or a container of food that communicates to consumers the date after which the food quality may begin to deteriorate but the food may still be acceptable for consumption.
6. “Safety date” means a date on a label affixed to the packaging or container of food that communicates to consumers that the food should be consumed or frozen, if appropriate, by the date listed on the package that applies to perishable products with potential safety implications over time.
7. “Sell by date” means a date on a label affixed to the packaging or container of food that is intended to communicate primarily to a distributor or retailer for purposes of stock rotation and that is not a quality date or a safety date.
C. Misbranded Food Labels.
1. It shall be unlawful for any person to misbrand any food through a label or distribute, offer for sale, or sell any misbranded food through its labeling.
2. A food label shall be deemed to be misbranded if it does not comply with the requirements in 21 U.S.C. § 343, and 21 CFR Parts 101, 102, 105 and 107, as amended from time to time, with the exception of any exemptions listed in this title. All exempt persons from the federal law requirements in 21 U.S.C. § 343, and 21 CFR Parts 101, 102, 105 and 107, as amended from time to time, are exempt from this law.
D. Date Labels.
1. All persons responsible for the labeling of food products must use the following uniform terms on food product labels to communicate quality dates and safety dates if such persons place a date label on a product:
a. “BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of a product.
b. “USE by” or “USE by or Freeze by” to indicate the safety date of a product.
2. All persons must develop alternatives to using “Sell by” dates on food products. “Sell by” dates that are visible to consumers will be prohibited after April 28, 2026.
3. Exception. Infant formula date labels must comply with 21 CFR §§ 107.10, 107.20, and 107.30.
4. Persons may choose not to put a date label on a product, with the exception of the infant formula date requirements in 21 CFR §§ 107.10, 107.20, and 107.30.
E. Penalties.
1. Any person who violates a provision of this title shall be imprisoned for not more than one year or fined not more than One Thousand Dollars ($1,000.00), or both.
2. Notwithstanding the provisions of paragraph (E)(1) of this section, if any person commits such a violation after a conviction under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than Ten Thousand Dollars ($10,000.00), or both. ONCA 21-40, eff. Apr. 28, 2021.