G.R. No. 153888.
ISLAMIC DAWAH COUNCIL OF THE PHILIPPINES, INC., herein
represented by PROF. ABDULRAFIH H. SAYEDY,
Petitioner, vs. OFFICE OF THE
EXECUTIVE SECRETARY of the Office of the President of the Philippines, herein
represented by HON. ALBERTO G. ROMULO, Executive Secretary, and the OFFICE ON
MUSLIM AFFAIRS, herein represented by its Executive Director, HABIB MUJAHAB
D E C I S I O N
Before us is a petition for prohibition filed by petitioner Islamic
Dawah Council of the Philippines, Inc. (IDCP) praying for the declaration of
nullity of Executive Order (EO) 46, s. 2001 and the prohibition of herein
respondents Office of the Executive Secretary and Office of Muslim Affairs
(OMA) from implementing the subject EO.
Petitioner IDCP, a corporation that operates under Department of
Social Welfare and Development License No. SB-01-085, is a non-governmental
organization that extends voluntary services to the Filipino people, especially
to Muslim communities.
It claims to be
a federation of national Islamic organizations and an active member of
international organizations such as the Regional Islamic Dawah Council of
Southeast Asia and the Pacific (RISEAP)1
and The World Assembly of Muslim Youth.
The RISEAP accredited petitioner to issue halal2
certifications in the Philippines.
Thus, among the functions petitioner carries out is to conduct seminars,
orient manufacturers on halal food and issue halal certifications to qualified
products and manufacturers.
Petitioner alleges that, on account of the actual need to certify
food products as halal and also due to halal food producers request,
petitioner formulated in 1995 internal rules and procedures based on the Quran3
and the Sunnah4
for the analysis of food, inspection thereof and issuance of halal
certifications. In that same year, petitioner began to issue, for a fee,
certifications to qualified products and food manufacturers. Petitioner even
adopted for use on its halal certificates a distinct sign or logo registered in
the Philippine Patent Office under Patent No. 4-2000-03664.
On October 26, 2001, respondent Office of the Executive Secretary
issued EO 465
creating the Philippine Halal Certification Scheme and designating respondent
OMA to oversee its implementation.
Under the EO, respondent OMA has the exclusive authority to issue halal
certificates and perform other related regulatory activities.
On May 8, 2002, a news article entitled OMA Warns NGOs Issuing
Illegal Halal Certification was published in the Manila Bulletin, a
newspaper of general circulation. In said article, OMA warned Muslim consumers
to buy only products with its official halal certification since those without
said certification had not been subjected to careful analysis and therefore
could contain pork or its derivatives. Respondent OMA also sent letters to food
manufacturers asking them to secure the halal certification only from OMA lest
they violate EO 46 and RA 4109.6
As a result, petitioner lost revenues after food manufacturers stopped securing
certifications from it.
Hence, this petition for prohibition.
Petitioner contends that the subject EO violates the
constitutional provision on the separation of Church and State.7
It is unconstitutional for the government to formulate policies and guidelines
on the halal certification scheme because said scheme is a function only
religious organizations, entity or scholars can lawfully and validly perform
for the Muslims.
According to petitioner,
a food product becomes halal only after the performance of Islamic religious
ritual and prayer.
practicing Muslims are qualified to slaughter animals for food. A government
agency like herein respondent OMA cannot therefore perform a religious function
like certifying qualified food products as halal.
Petitioner also maintains that the respondents violated Section
10, Article III of the 1987 Constitution which provides that (n)o law
impairing the obligation of contracts, shall be passed. After the subject EO
was implemented, food manufacturers with existing contracts with petitioner
ceased to obtain certifications from the latter.
Moreover, petitioner argues that the subject EO violates Sections
15 and 16 of Article XIII of the 1987 Constitution which respectively provide:
ROLE AND RIGHTS OF PEOPLES
Sec. 15. The State shall respect the role of independent peoples
organizations to enable the people to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through
peaceful and lawful means.
Peoples organizations are bona fide associations of
citizens with demonstrated capacity to promote the public interest and with
identifiable leadership, membership, and structure.
The rights of the
people and their organizations to effective and reasonable participation at all
levels of social, political, and economic decision-making shall not be
The State shall, by law,
facilitate, the establishment of adequate consultation mechanisms.
According to petitioner, the subject EO was issued with utter
haste and without even consulting Muslim peoples organizations like petitioner
before it became effective.
We grant the petition.
OMA was created in 1981 through Executive Order No. 697 (EO 697)
to ensure the integration of Muslim Filipinos into the mainstream of Filipino
society with due regard to their beliefs, customs, traditions, and
OMA deals with the societal, legal, political and economic concerns of the
Muslim community as a national cultural community and not as a religious
group. Thus, bearing in mind the constitutional barrier between the Church
and State, the latter must make sure that OMA does not intrude into purely
religious matters lest it violate the non-establishment clause and the free
exercise of religion provision found in Article III, Section 5 of the 1987
Freedom of religion was accorded preferred status by the framers
of our fundamental law.
And this Court
has consistently affirmed this preferred status, well aware that it is
"designed to protect the broadest possible liberty of conscience, to allow
each man to believe as his conscience directs, to profess his beliefs, and to
live as he believes he ought to live, consistent with the liberty of others and
with the common good.10cräläwvirtualibräry
Without doubt, classifying a food product as halal is a religious
function because the standards used are drawn from the Quran and Islamic
beliefs. By giving OMA the exclusive power to classify food products as halal,
EO 46 encroached on the religious freedom of Muslim organizations like herein
petitioner to interpret for Filipino Muslims what food products are fit for
Also, by arrogating
to itself the task of issuing halal certifications, the State has in effect
forced Muslims to accept its own interpretation of the Quran and Sunnah on
To justify EO 46s intrusion into the subject religious activity,
the Solicitor General argues that the freedom of religion is subservient to the
police power of the State. By delegating to OMA the authority to issue halal
certifications, the government allegedly seeks to protect and promote the
muslim Filipinos right to health, and to instill health consciousness in them.
Only the prevention of an immediate and grave danger to the
security and welfare of the community can justify the infringement of religious
If the government fails to show the seriousness and immediacy of the threat,
State intrusion is constitutionally unacceptable. In a society with a democratic framework like ours, the State
must minimize its interference with the affairs of its citizens and instead
allow them to exercise reasonable freedom of personal and religious activity.
In the case at bar, we find no compelling justification for the
government to deprive Muslim organizations, like herein petitioner, of their
religious right to classify a product as halal, even on the premise that the
health of Muslim Filipinos can be effectively protected by assigning to OMA the
exclusive power to issue halal certifications.
The protection and promotion of the Muslim Filipinos right to health
are already provided for in existing laws and ministered to by government
agencies charged with ensuring that food products released in the market are
fit for human consumption, properly labeled and safe. Unlike EO 46, these laws do not encroach on the religious
freedom of Muslims.
Section 48(4) of the Administrative Code of 1987 gives to the
National Meat Inspection Commission (NMIC) of the Department of Agriculture
(DOA) the power to inspect slaughtered animals intended for human consumption
to ensure the safety of the meat released in the market.
Another law, RA 7394, otherwise known as
The Consumer Act of 1992, gives to certain government departments the duty to
protect the interests of the consumer, promote his general welfare and to
establish standards of conduct for business and industry.12
To this end, a food product, before its distribution to the market, is required
to secure the Philippine Standard Certification Mark after the concerned
department inspects and certifies its compliance with quality and safety
One such government agency designated by RA 7394 is the Bureau of
Food and Drugs (BFD) of the Department of Health (DOH). Under Article 22 of
said law, BFD has the duty to promulgate and enforce rules and regulations
fixing and establishing a reasonable definition and standard of identity, a
standard of quality and a standard of fill of containers for food.
The BFD also ensures that food products
released in the market are not adulterated.14cräläwvirtualibräry
Furthermore, under Article 48 of RA 7394, the Department of Trade
and Industry (DTI) is tasked to protect the consumer against deceptive, unfair
and unconscionable sales acts or practices as defined in Article 50.15
DTI also enforces compulsory labeling and fair packaging to enable the consumer
to obtain accurate information as to the nature, quality and quantity of the
contents of consumer products and to facilitate his comparison of the value of
With these regulatory bodies given detailed functions on how to
screen and check the quality and safety of food products, the perceived danger
against the health of Muslim and non-Muslim Filipinos alike is totally avoided.
Of great help are the provisions on labeling of food products (Articles 74 to
of RA 7394. In fact, through these labeling provisions, the State ably informs
the consuming public of the contents of food products released in the market.
Stiff sanctions are imposed on violators of said labeling requirements.
Through the laws on food safety and quality, therefore, the State
indirectly aids Muslim consumers in differentiating food from non-food
The NMIC guarantees that the
meat sold in the market has been thoroughly inspected and fit for
Meanwhile, BFD ensures
that food products are properly categorized and have passed safety and quality
Then, through the labeling
provisions enforced by the DTI, Muslim consumers are adequately apprised of the
products that contain substances or ingredients that, according to their
Islamic beliefs, are not fit for human intake.
These are the non-secular steps put in place by the State to ensure that
the Muslim consumers right to health is protected. The halal certifications issued by petitioner and similar
organizations come forward as the official religious approval of a food
product fit for Muslim consumption.
We do not share respondents apprehension that the absence of a
central administrative body to regulate halal certifications might give rise to
schemers who, for profit, will issue certifications for products that are not
actually halal. Aside from the fact that Muslim consumers can actually verify
through the labels whether a product contains non-food substances, we believe
that they are discerning enough to know who the reliable and competent
certifying organizations in their community are. Before purchasing a product,
they can easily avert this perceived evil by a diligent inquiry on the
reliability of the concerned certifying organization.
WHEREFORE, the petition is GRANTED. Executive Order 46, s.
2001, is hereby declared NULL AND VOID. Consequently, respondents are
prohibited from enforcing the same.
Davide, Jr., C.J., Bellosillo, Panganiban, Ynares-Santiago,
Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr., Azcuna, and Tinga, JJ., concur.
Puno, J., concur with the
opinion of J., Vitug.
Vitug, J., please see Separate Opinion.
Quisumbing, Sandoval-Gutierrez, J., on official leave
According to the petitioner, RISEAP is a federation of Muslim organizations in
non-Muslim countries where Muslims are minorities in Asia and the Pacific.
Halal is a Muslim term that means lawful food, things, manners and actions
allowed by God for mankind and enjoined upon the believers (Petition, p. 6;
Rollo, p. 8). It is a term that means to slaughter for food
(WEBSTERS THIRD INTERNATIONAL DICTIONARY,
1986 Ed., p. 1021).
The book composed of writings accepted by Muslims as revelations made to
Mohammad by Allah and the divinely authorized basis for the religious, social,
civil, commercial, military, and legal regulations of the Islamic world
(WEBSTERS THIRD INTERNATIONAL DICTIONARY, 1986 Ed., p. 1255).
The body of Islamic custom and practice based on Mohammads words and deeds
(WEBSTERS THIRD INTERNATIONAL DICTIONARY, 1986 Ed., p. 2292).
ORDER NO. 46
AUTHORIZING THE OFFICE ON MUSLIM AFFAIRS TO UNDERTAKE
PHILIPPINE HALAL CERTIFICATION
WHEREAS, it is the policy of the State to protect and
promote the Filipino right to health and instill health consciousness among
xxx xxx xxx
WHEREAS, the establishment of a Philippine Halal
Certification Scheme for food and non-food products will contribute toward:
The establishment of a national standards and certification
scheme for halal food and non-food products and a national standards and
accreditation scheme for establishments;
The opening of new markets and the development of strong
consumer awareness of, and confidence in, Philippine halal food and non-food
The development and promotion of Philippine industries
through the increase in the volume and value of Philippine halal food and
non-food exports; and
The development of Philippine products which comply with halal
standards established in accordance with Shariah Law and which are highly
competitive and acceptable to the Muslim Market;
xxx xxx xxx
WHEREAS, the establishment of a Philippine Halal
Certification Scheme is in accordance with our countrys commitments to the
World Trade Organization (WTO), the Brunei-Indonesia-Malaysia-Philippines East
ASEAN Growth Area (BIMP-EAGA), the ASEAN Free Trade Area (AFTA), The Asia
Pacific Economic Cooperation (APEC), and the Association of Southeast Asian
Nations (ASEAN), specifically, the Consultative Committee on Standards and
Quality and the Senior Officials Meeting-ASEAN Ministers on Agriculture and
Forestry (SOM-AMAF), and with the efforts of SOM-AMAF to provide mechanisms for
identifying halal food and non-food products in order that ASEAN member
countries may better comply with international halal standards and processes;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law and the Constitution,
do hereby order the following:
of the Office on Muslim Affairs to Undertake Philippine Halal Certification and
Regulatory Activities. The Office on Muslim Affairs is hereby designated
to undertake Philippine halal certification and regulatory activities. The
Office on Muslim Affairs shall oversee the Philippine Halal Certification
SECTION 2. Halal Certification and Regulatory Functions.
The halal certification and regulatory functions to be exercised by the
Office on Muslim Affairs shall involve the following powers and functions:
Formulate policies, guidelines and developmental goals
within the context of the Philippine Halal Certification Scheme;
Plan, facilitate, and supervise the implementation and
monitoring of components and developmental activities relating to the
Philippine Halal Certification Scheme;
Ensure strict implementation of and compliance with halal
standards and guidelines;
Coordinate with appropriate agencies, both at local and
international level as may be required, to ensure the enforcement of the
Philippine Halal Certification Scheme and the acceptance of Philippine products
certified under the Philippine Halal Certification Scheme;
Issue Halal Certificates to applicants;
Validate whether imported halal products complied with halal
Adopt measures to ensure the success of the Philippine Halal
SECTION 3. Training and Research. A halal training
and research facility to support the Philippine Halal Certification Scheme
shall be established. Said facility shall be operated under the auspices of the
Office on Muslim Affairs.
SECTION 4. Funding. Funds necessary for the initial
halal certification and regulatory functions of the Office on Muslim Affairs
shall be sourced from the Office of the President, upon submission by the
Office on Muslim Affairs of its work and financial plan. Subsequent annual
funding requirement shall be sourced from the General Appropriations Act and
from the income generated by the Office on Muslim Affairs.
and Regulations; Sanctions.- The Office on Muslim Affairs shall formulate
rules and regulations, and impose sanctions as may be allowed by law to ensure
compliance therewith, for the successful implementation of the Philippine Halal
Certification Scheme; Provided, that the Office on Muslim Affairs shall
consider the pertinent provisions of Republic Act No. 4109 in the formulation
and eventual implementation of said rules and regulations.
SECTION 6. Repealing Clause. All executive issuances,
orders, rules and regulations which are inconsistent with any provision of this
Executive Order are hereby revoked, amended or modified accordingly.
SECTION 7. Effectivity. This Executive Order shall take effect fifteen
(15) days after its publication in two (2) newspapers of national circulation.
City of Manila, October 26, 2001.
By the President:
ALBERTO ROMULO (Sgd.)
An Act to Convert the Division of Standards Under the Bureau of Commerce into A
Bureau of Standards, to Provide for the Standardization and/or Inspection of
Products and Imports of the Philippines and for other Purposes.
Section 6, Article II of the 1987 Philippine Constitution provides that:
Sec. 6. The separation of the Church and State shall be
SEC. 5. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of
civil or political rights.
Iglesia ni Cristo vs. Court of Appeals, 259 SCRA 529  citing Victoriano
vs. Elizalde Rope Workers Union, 59 SCRA 54 .
Victoriano vs. Elizalde Rope Workers Union, 59 SCRA 54, 72 .
Deceptive Sales Acts or Practices. A deceptive act or practice by a seller or
supplier in connection with a consumer transaction violates this Act whether it
occurs before, during or after the transaction. An act or practice shall be
deemed deceptive whenever the producer, manufacturer, supplier or seller,
through concealment, false representation or fraudulent manipulation, induces a
consumer to enter into a sales or lease transaction of any consumer product or
Without limiting the scope of the above paragraph, the act
or practice of a seller or supplier is deceptive when it represents that:
a) a consumer
product or service has the sponsorship, approval, performance, characteristics,
ingredients, accessories, uses, or benefits it does not have;
b) a consumer
product or service is of a particular standard, quality, grade, style, or model
when in fact it is not;
c) a consumer
product is new, original or unused, when in fact, it is in a deteriorated,
altered, reconditioned, reclaimed or second-hand state;
d) a consumer
product or service is available to the consumer for a reason that is different
from the fact;
e) a consumer
product or service has been supplied in accordance with the previous
representation when in fact it is not;
f) a consumer
product or service can be supplied in a quantity greater than the supplier
g) a service,
or repair of a consumer product is needed when in fact it is not;
h) a specific
price advantage of a consumer product exists when in fact it does not;
i) the sales
act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty
terms or other rights, remedies or obligations if the indication is false; and
j) the seller
or supplier has a sponsorship, approval, or affiliation he does not have.
AND FAIR PACKAGING
of Policy. The State shall enforce compulsory labeling, and fair packaging to
enable the consumer to obtain accurate information as to the nature, quality
and quantity of the contents of consumer products and to facilitate his
comparison of the value of such products.
Implementing Agency. The Department of Trade and Industry shall
enforce the provisions of this Chapter and its implementing rules and
regulations: Provided, That with respect to food, drugs, cosmetics, devices and
hazardous substances, it shall be enforced by the concerned department.
Prohibited Acts on Labeling and Packaging. It shall be unlawful for
any person, either as principal or agent, engaged in the labeling or packaging
of any consumer product, to display or distribute or to cause to be displayed
or distributed in commerce any consumer product whose package or label does not
conform to the provisions of this Chapter.
The prohibition in this Chapter shall not apply to persons
engaged in the business of wholesale or retail distributors of consumer
products except to the extent that such persons:
a) are engaged
in the packaging or labeling of such products;
b) prescribe or
specify by any means the manner in which such products are packaged or labeled;
knowledge, refuse to disclose the source of the mislabeled or mispackaged
Labeling Requirements for Consumer Products. All consumer products
domestically sold whether manufactured locally or imported shall indicate the
following in their respective labels of packaging:
a) its correct
and registered trade name or brand name;
b) its duly
c) its duly
registered business name;
d) the address
of the manufacturer, importer, repacker of the consumer product in the
e) its general
make or active ingredients;
f) the net
quality of contents, in terms of weight, measure or numerical count rounded off
to at least the nearest tenths in the metric system;
g) country of
manufacture, if imported; and
h) if a
consumer product is manufactured, refilled or repacked under license from a
principal, the label shall so state the fact.
The following may be required by the concerned department in
accordance with the rules and regulations they will promulgate under authority
of this Act:
a) whether it
is flammable or inflammable;
for use, if necessary;
c) warning of
voltage or amperes; or
e) process of
manufacture used if necessary.
Any word, statement or other information required by or
under authority of the preceding paragraph shall appear on the label or
labeling with such conspicuousness as compared with other words, statements,
designs or devices therein, and in such terms as to render it likely to be read
and understood by the ordinary individual under customary conditions of
purchase or use.
The above requirements shall form an integral part of the
label without danger of being erased or detached under ordinary handling of the
Philippine Product Standard Mark. The label may contain the Philippine
Product Standard Mark if it is certified to have passed the consumer product
standard prescribed by the concerned department.
Authority of the Concerned Department to Provide for Additional Labeling
and Packaging Requirements. Whenever the concerned department determines that
regulations containing requirements other than those prescribed in Article 77
hereof are necessary to prevent the deception of the consumer or to facilitate
value comparisons as to any consumer product, it may issue such rules and
and define standards for characterization of the size of a package enclosing
any consumer product which may be used to supplement the label statement of net
quality, of contents of packages containing such products but this clause shall
not be construed as authorizing any limitation on the size, shape, weight,
dimensions, or number of packages which may be used to enclose any product;
b) regulate the
placement upon any package containing any product or upon any label affixed to
such product of any printed matter stating or representing by implication that
such product is offered for retail at a price lower than the ordinary and
customary retail price or that a price advantage is accorded to purchases
thereof by reason of the size of the package or the quantity of its contents;
c) prevent the
nonfunctional slack-fill of packages containing consumer products.
For purposes of paragraph (c) of this Article, a package
shall be deemed to be nonfunctionally slack-filled if it is filled to
substantially less than its capacity for reasons other than (1) protection of
the contents of such package, (2) the requirements of machines used for
enclosing the contents in such package, or (3) inherent characteristics of
package materials or construction being used.
Packaging of Consumer Products for the Protection of Children. The concerned
department may establish standards for the special packaging of any consumer
product if it finds that:
a) the degree
or nature of the hazard to children in the availability of such product, by
reason of its packaging, is such that special packaging is required to protect
children from serious personal injury or serious illness resulting from
handling and use of such product; and
b) the special
packaging to be required by such standard is technically feasible, practicable
and appropriate for such product. In establishing a standard under this
Article, the concerned department shall consider:
reasonableness of such standard;
scientific, medical and engineering data concerning special packaging and
concerning accidental, ingestions, illnesses and injuries caused by consumer product;
manufacturing practices of industries affected by this Article; and
4) the nature
and use of consumer products.
Tag Requirement. It shall be unlawful to offer any consumer product for
retail sale to the public without an appropriate price tag, label or marking
publicly displayed to indicate the price of each article and said products
shall not be sold at a price higher than that stated therein and without
discrimination to all buyers:
That lumber sold, displayed or offered for sale to the public shall be tagged
or labeled by indicating thereon the price and the corresponding official name
of the wood:
Provided, further, That if
consumer products for sale are too small or the nature of which makes it impractical
to place a price tag thereon price list placed at the nearest point where the
products are displayed indicating the retail price of the same may suffice.
of Placing Price Tags. Price tags, labels or markings must be written
clearly, indicating the price of the consumer product per unit in pesos and
Regulations for Price Tag Placement. The concerned department shall
prescribe rules and regulations for the visible placement of price tags for
specific consumer products and services. There shall be no erasures or
alterations of any sort of price tags, labels or markings.
Additional Labeling Requirements for Food. The following additional
labeling requirements shall be imposed by the concerned department for food:
a) expiry or
expiration date, where applicable;
b) whether the
consumer product is semi-processed, fully processed, ready-to-cook,
ready-to-eat, prepared food or just plain mixture;
value, if any;
d) whether the
ingredients used are natural or synthetic, as the case may be;
e) such other
labeling requirements as the concerned department may deem necessary and
Mislabeled Food. A food shall also be deemed mislabeled:
a) if its
labeling or advertising is false or misleading in any way;
b) if it is
offered for sale under the name of another food;
c) if it is an
imitation of another food, unless its label bears in type of uniform size and
prominence, the word "imitation" and, immediately thereafter, the
name of the food imitated;
d) its containers
is so made, formed, or filled as to be misleading;
e) if in
package form unless it bears a label conforming to the requirements of this
Act: Provided, That reasonable variation on the requirements of labeling shall
be permitted and exemptions as to small packages
shall be established by the regulations prescribed by the concerned department
f) if any
word, statement or other information required by or under authority of this Act
to appear on the principal display panel of the label or labeling is not
prominently placed thereon with such conspicuousness as compared with other
words, statements, designs or devices in the labeling and in such terms as to
render it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use;
g) if it
purports to be or is represented as a food for which a definition or standard
of identity has been prescribed unless:
1) it conforms
to such definition and standard; and
2) its labels
bears the name of the food specified in the definition or standards, and
insofar as may be required by such regulations, the common names of optional
ingredients other than spices, flavoring and coloring, present in such food;
h) if it
purports to be or represented as:
1) a food for
which a standard of quality has been prescribed by regulations as provided in
this Act and its quality fall below such
standard, unless its label bears in such manner and form as such regulations
specify, a statement that it falls below such standard; or
2) a food for
which a standard or standards or fill of container have been prescribed by
regulations as provided by this Act and it falls below the standard of fill of
container applicable thereto, unless its label bears, in such manner and form
as such regulations specify, a statement that it falls below such standard;
i) if it is
not subject to the provisions of paragraph (g) of this Article unless its label bears:
1) the common
or usual name of the food, if there be any; and
2) in case it
is manufactured or processed from two or more ingredients, the common or usual
name of such ingredient; except the spices, flavorings and colorings other than
those sold as such, may be designated as spices, flavorings and colorings
without naming each: Provided, That to the extent that compliance with the
requirement of clause (2) of this paragraph is impracticable or results in
deception or unfair competition, exemptions shall be established by regulations
promulgated by the concerned department of health;
j) if it
purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin or mineral or other dietary
properties as the concerned department determines to be, or by regulations
prescribed as necessary in order fully to inform purchasers as its value for
k) if it bears
or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling, stating that fact:
Provided, That to the extent that compliance
with the requirements of this paragraph is impracticable, exemptions shall be
established by regulations promulgated by the concerned department.
The provisions of this paragraph or
paragraphs (g) and (i) with respect to the artificial coloring shall not apply
in the case of butter, cheese or ice cream.