[R.O. 1966 § 12:9-1]
As used in this chapter, unless otherwise provided or unless
otherwise shown by the context, the following terms shall have the
respective meaning set forth in this section, and the standards incorporated
in the following definitions shall be observed:
IMITATION SOFT DRINK
Shall mean any soft drink prepared wholly or in part with
artificial flavor, in such a manner as to counterfeit or imitate a
soft drink made with natural flavor. Any imitation soft drink must
be labeled with the word "imitation" or "artificial" if sold under
the name of the article which it imitates.
[R.O. 1966 § 12:9-2]
DISTINCTIVE NAME
Shall mean a trade, arbitrary or fancy name which clearly
distinguishes a food, product, mixture or compound from any other
food, product, mixture or compound, which does not misrepresent any
property or quality of a mixture or compound, which gives no false
indication of origin, character or place of manufacture, and which
does not lead the purchaser to suppose that it is any other food or
drug product.
[R.O. 1966 § 12:9-3]
It shall be unlawful for any person to distribute or sell, or
manufacture for distribution or sale, or have in his possession with
intent to distribute and sell, any beverage which is a nonalcoholic
drink, carbonated beverage, cereal beverage or still drink, except
in accordance with the requirements of this chapter.
CROSS REFERENCE: For license requirements, see Section 13:9-15 et seq.
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[R.O. 1966 § 12:9-4]
All beverages regulated by this chapter must be sold under names
which will not mislead the purchaser as to their flavor and composition.
[R.O. 1966 § 12:9-5]
The sale of any flavor or extract under the name of fruit juice,
unless it is in fact the expressed juice of the fruit under whose
name it is sold and contains no added ingredient other than sugar,
is prohibited. If sugar has been added, such addition must be declared
on the label.
[R.O. 1966 § 12:9-7]
Vegetable colors and the certified colors now permitted by the
United States Department of Agriculture, or standards that may hereafter
be adopted by that department, including the following, namely, amaranth,
ponceau 3R., erythrosin, orange, naphthol, yellow S., light green
S.F. yellowish, indigo disulfo acid, are permitted; provided, however,
that the use of coloring matter in such a manner that inferiority
is concealed is prohibited.
[R.O. 1966 § 12:9-8]
Soft drinks prepared with natural flavors only and with certified
colors added will not be regarded as imitations and need not be so
labeled. The presence of added color in soft drinks must be declared
on the cap and label of such drinks as are sold under distinctive
names or in which added color is not one which simulates the color
of the natural product, except where the bottle or container is less
than 10 fluid ounces in capacity, in which case such must be specified
on the crown cap only.
[R.O. 1966 § 12:9-9]
The bottle or container of an artificial soft drink must be
plainly marked with the word "imitation" or "artificial" on the label
and cap thereof, except where the bottle or container is less than
10 fluid ounces in capacity, in which case it need be specified on
the crown cap only. The container will not be regarded as properly
marked if the type is less than nine point or if the color of the
printing is not in marked contrast to the color of the background
upon which it is printed. The word "artificial" or "imitation" must
be in the same size type as the name of the drink. Such name shall
not be printed in a smaller size type than nine point.
[R.O. 1966 § 12:9-10]
No person shall distribute or sell or have in possession with
intent to distribute or sell any soft drinks at any place where false
or fraudulent statements or designs are displayed concerning such
soft drinks.
[R.O. 1966 § 12:9-11]
No person shall sell or offer for sale any nonalcoholic beverage,
carbonated beverage, cereal beverage or still drink in open containers.
[R.O. 1966 § 12:9-14]
Unless otherwise provided in this chapter, any person who violates any provision of this chapter shall be punished as provided in Section
13:1-5 of this Title.