LAC 49:I.267. MisbrandingFood to be Labeled, Processed or Packed [Formerly 49:2.0330]

A. A food which is to be labeled, processed or repacked in substantial quantities in accordance with regular trade practice, at an establishment other than that where originally processed or packed, shall be exempt, except as provided by §269 and §271, from compliance with the labeling requirements of Section 608 (3), (7), (8), (9), (10), (11) of the Act during transit from the original establishment to the labeling, processing or repacking plant, if: 1. the person responsible for the transit of the food in commerce is the operator of the establishment where the food is to be labeled, processed, or repacked; or 2. the shipment or delivery of food is made under a written agreement, signed by and containing the post office addresses of the person responsible for the shipment or delivery and the operator of the labeling, processing, or repacking plant and also containing specifications for the labeling, processing, or repacking, as the case may be, which if followed will ensure that the food will not be adulterated or misbranded within the meaning of the Act upon completion of the labeling, processing, or repacking. Each party to the agreement shall keep a copy of the agreement until all the food or foods subject to its terms have been removed from the labeling, processing or repacking establishment and copies of the agreement shall be made available at any reasonable hour for inspection by any officer or employee of the Board who requests them.