Section 345IAC9-17-5. Modifications of approved label; permission of area supervisor

   An area supervisor may permit modification of approved labels or markings in the following circumstances if the board's central office is notified of the changes and the labeling or marking as modified and used is not false or misleading:

(1) When all features of the label or marking are proportionately enlarged and the color scheme remains the same.

  (2) When:

(A) there is substitution of such abbreviations as:

(i) "lb." for "pound"; or

(ii) "oz." for "ounce"; or

(B) the word "pound" or "ounce" is substituted for the abbreviation.

(3) When a master or stock label has been approved from which the name and address of the distributor are omitted and such name and address are applied before being used (in such case, the words "prepared for" or similar statement must be shown together with the blank space reserved for the insertion of the name and address when such labels are offered for approval).

(4) When, during Christmas and other holiday seasons, wrappers or other covers bearing floral or foliage designs or illustrations of rabbits, chicks, fireworks, or other emblematic holiday designs are used with approved labels or markings. (The use of such designs will not make necessary the application of labeling not otherwise required.)

(5) When there is a slight change in arrangement of directions pertaining to the opening of cans or the serving of the product.

(6) When there is a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label; provided that the change in quantity of ingredients complies with any minimum or maximum limits for the use of such ingredients prescribed in 9 CFR 319.

(Indiana State Board of Animal Health; Reg HMP-1R,CH A,PT 18,Sec 18.5; filed Feb 11, 1972, 2:00 p.m.: Rules and Regs. 1973, p. 313; filed Dec 10, 1997, 11:30 a.m.: 21 IR 1309; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; readopted filed May 9, 2007, 3:16 p.m.: 20070516-IR-345070037RFA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 9-17-5) to the Indiana State Board of Animal Health (345 IAC 9-17-5) by P.L.137-1996, SECTION 76, effective July 1, 1996.