It shall be unlawful to sell or offer for sale any perishable
foods designated by this article unless there is stamped, printed
or otherwise plainly and conspicuously marked on the top cover or
principal panel of the container or any label affixed thereto, statements
indicating recommended conditions and methods of storage, and the
fact that it is not to be sold after a clearly specified date for
human consumption as food.
The following commodities shall be labeled in accordance with
the provisions set out by this article:
A.
Eggs. Grade AA, Grade A and Grade B shell eggs.
B.
All prepackaged, fully or partially prepared baked goods, with or
without additions, known as:
C.
The following prepackaged dairy and dairy-type products:
(1)
Those products, with or without additions or flavorings, known as "cheese" and which are required to contain not less than 50% moisture as defined by Title 21, Chapter 1, Part 19 of the Code of Federal Regulations.
(2)
Low-fat, multivitamin, multimineral type products, which are normally
stored at temperatures between 32° F. and 40° F.
(3)
Flavored milk.
(4)
Cultured milk, cultured milk products, cultured skim milk, and cultured
skim milk products, with or without fruits, vegetables, meats or cheeses
or other additives.
(5)
Milk shakes.
(6)
Eggnog.
(7)
Yogurt, skim milk or whole milk, with or without fruits, vegetables,
meats or other additives.
(8)
Whipped cream and instant whipped cream.
(9)
Sour cream, cultured cream, salad cream and noncultured sour cream,
with or without fruits, vegetables, meats or cheese or other additives.
(10)
Sour half and half, cultured half and half, noncultured sour
half and half, noncultured half and half.
(11)
Dairy dressing and dairy dip.
(12)
Nondairy coffee creamers which are normally stored at temperatures
between 32° F. and 40° F.
A.
This article shall not include any products stored at or below a
temperature of 32° F., in accordance with the recommendations
of the manufacturer or processor.
B.
This article shall not include any product hereinabove designated
which is sterilized when hermetically sealed and packaged and is so
maintained until the time of sale by a retailer to the public.
C.
This article shall not include products made from products after
the date marked where such secondary products are the results of an
additional processing stage.
D.
Upon written application to the Director of the Office of Licensing, and upon a showing of exceptional circumstances, a manufacturer or processor may be granted an extension, in writing, not to exceed six months, in which to comply, in whole or in part, with the requirements of § 31-74. Thereafter, any request for an additional extension must be supported by evidence of extraordinary circumstances and a showing of substantial compliance during the previously granted extension period, and the granting of a further extension, if any, shall be at the discretion of the Director of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
There shall be stamped, printed or otherwise plainly and conspicuously marked a statement indicating recommended conditions and methods of storage on the containers of all foods specified in § 31-72.
B.
There shall be stamped, printed or otherwise plainly and conspicuously marked either the last day or date of sale or the last day or date for recommended usage on the containers of all foods specified in § 31-72.
C.
D.
The Director may determine, after sufficient notice and hearing,
the reasonableness of any statement of representation as to the date
and conditions of storage affixed pursuant to this article.
It shall be unlawful to sell or offer for sale any perishable
commodities after the last day or date of sale marked or printed on
such commodities has expired, unless a sign is posted in close proximity
indicating that such commodities are outdated.
