(A) Declaration of identity: consumer package.
A separate declaration of identity on a consumer package shall appear on the principal display panel, and shall not be either misleading or deceptive, or tend to mislead or deceive. The identity shall be in terms of:
(1) The name specified in or required by any applicable federal or state law or rule, or, in the absence of this,
(2) The common or usual name, or, in the absence of this,
(3) The generic name or other appropriate description, including a statement of function (such as "cleaning powder").
(B) Parallel identity declaration: consumer package.
A declaration of the identity on a consumer package shall appear generally parallel to the base on which the package rests as it is designed to be displayed.
(C) The Fair Packaging and Labeling Act, 21 CFR 101.100 (2001), specifically exempts food packages from identity statements if the commodity is a food, other than meat or poultry, that was repackaged in a retail establishment and the food is displayed to the purchaser under either of the following circumstances:
(1) Its interstate labeling is clearly in view or with a counter card, sign, or other appropriate device bearing prominently and conspicuously the common or usual name of the food, or
(2) The common or usual name of the food is clearly revealed by its appearance.
Cite as Ohio Admin. Code 901:6-3-03