Sec. 407. [21 USC §347] Oleomargarine or Margarine
1 （a） Colored oleomargarine or colored margarine which is sold in the same State or Territory in which it is produced shall be subject in the same manner and to the same extent to the provisions of this Act as if it had been introduced in interstate commerce.
（b） No person shall sell, or offer for sale, colored oleomargarine or colored margarine unless—
（1） such oleomargarine or margarine is packaged,
（2） the net weight of the contents of any package sold in a retail establishment is one pound or less,
（3） there appears on the label of the package （A） the word ‘‘oleomargarine’’ or ‘‘margarine’’ in type or lettering at least as large as any other type or lettering on such label, and （B） a full and accurate statement of all the ingredients contained in such oleomargarine, or margarine, and
（4） each part of the contents of the package is contained in a wrapper which bears the word ‘‘oleomargarine’’ or ‘‘margarine’’ in type or lettering not smaller than 20-point type.
The requirements of this subsection shall be in addition to and not in lieu of any of the other requirements of this Act.
（c） No person shall possess in a form ready for serving colored oleomargarine or colored margarine at a public eating place unless a notice that oleomargarine or margarine is served is displayed prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary inpidual being served in such eating place or is printed or is otherwise set forth on the menu in type or lettering not smaller than that normally used to designate the serving of other food items. No person shall serve colored oleomargarine or colored margarine at a public eating place, whether or not any charge is made therefore, unless （1） each separate serving bears or is accompanied by labeling identifying it as oleomargarine or margarine, or （2） each separate serving thereof is triangular in shape.
（d） Colored oleomargarine or colored margarine when served with meals at a public eating place shall at the time of such service be exempt from the labeling requirements of section 403 （except （a） and 403 （f）） 2 if it complies with the requirements of subsection （b） of this section.
（e） For the purpose of this section colored oleomargarine or colored margarine is oleomargarine or margarine having a tint or shade containing more than one and six-tenths degrees of yellow, or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equivalent.
Footnote
1. Section 4 of Public Law 81–459 （64 Stat. 20） amended section 15 of the Federal Trade Commission Act （15 USC 55） by adding the following subsection:
"（f） For the purposes of this section and section 407 of the Federal Food, Drug, and Cosmetic Act, as amended, the term 'oleomargarine' or 'margarine' includes—
"（1） all substances, mixtures, and compounds known as oleomargarine or margarine;
"（2） all substances, mixtures, and compounds which have a consistence similar to that of
butter and which contain any edible oils or fats other than milk fat if made in imitation
or semblance of butter."
In repealing section 2301 of the Internal Revenue Code （relating to the tax on oleomargarine） Public Law 81–459 declared, in part: "The Congress hereby finds and declares that the sale, or the serving in public eating places, of colored oleomargarine or colored margarine without clear identification as such or which is otherwise adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act depresses the market in interstate commerce for butter and for oleomargarine or margarine clearly identified and neither adulterated nor misbranded, and constitutes a burden on interstate commerce in such articles. Such burden exists, irrespective of whether such oleomargarine or margarine originates from an interstate source or from the State in which it is sold."
Section 6 of such Public Law states that "nothing in this Act shall be construed as authorizing the possession, sale, or serving of colored oleomargarine or colored margarine in any State or Territory in contravention of the laws of such State or Territory."
2. So in law. Probably should be "（except paragraphs （a） and （f））".
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