SECTION 35:37-11-117. Inspector in charge may permit modifications of approved labels

  The inspector in charge may permit modification of approved labels, or markings, under the following circumstances, provided the labeling or marking as modified is used as not to be false or misleading:

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

(2)   When there is substitution of the abbreviations as "lb." for "pound," or "oz." for "ounce," or the word "pound" or "ounce" is substituted for the abbreviations;

(3)   When a master or stock label has been approved from which the name and address of the distributor are omitted and the 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 the 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 the 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 an ingredients prescribed in Parts 35 and 37 of this Subchapter.

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