SECTION 35:37-11-116. Labels to be approved by director

(a)   Except as provided in Subsection (d) of this Section no label shall be used on any product until it has been approved in its final form by the Director. For the convenience of the establishment, sketches or proofs of new labels may be submitted in triplicate through the inspector in charge to the Director for approval and the preparation of finished labels deferred until the approval is obtained. All finished labels shall be submitted in triplicate through the inspector in charge to the Director for approval. Postage fees for submittal of labels or sketches shall be at the establishment's expense.

(b)   In case of lithographed labels, paper takeoffs in lieu of Section of the metal containers shall be submitted for approval. The paper takeoffs shall be in the form of a negative but shall be a complete reproduction of the label as it will appear on the package, including any color scheme involved. In case of fiber containers, printed layers, such as the kraft paper sheets, shall be submitted for approval in lieu of the complete container.

(c)   Inserts, tags, liners, pasters, and like devices containing printed or graphic matter and for use on, or to be placed within, containers and coverings of product shall be submitted for approval in the same manner as provided for labels in Subsection (a) of this Section, except that the inspector in charge may permit use of the devices that contain no reference to product and bear no misleading feature.

(d)   Stencils, labels, box dies, and brands may be used on shipping containers and on immediate containers as tierces, barrels, drums, boxes, crates, and large-size fiberboard containers provided the markings are applicable to the product, are not false or deceptive, and are used with the approval of the inspector in charge. The inspection legend for use in combination with markings shall be approved by the Director.

[Source: Added at 21 Ok Reg 1181, eff 5-27-04]