Common use of Adulteration or Misbranding Clause in Contracts

Adulteration or Misbranding. Pro-Fac guarantees that no articles of food delivered by it to Agrilink during the period in which this contract is effective will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are identical with or substantially the same as those found in the federal Act, and goods will not be produced or shipped in violation of Section 404 or 301(d) (21 USCS 'SS''SS' 331(d), 344) of the federal Act. Pro-Fac, however, does not guarantee against goods becoming adulterated or misbranded within the meaning of the Act or Acts after delivery to Agrilink by reason of causes beyond the control of Pro-Fac.

Appears in 2 contracts

Samples: Marketing and Facilitation Agreement (Agrilink Foods Inc), Marketing and Facilitation Agreement (Pro Fac Cooperative Inc)

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Adulteration or Misbranding. Pro-Fac guarantees that no articles of food delivered by it to Agrilink during the period in which this contract is effective will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are identical with or substantially the same as those found in the federal Act, and goods will not be produced or shipped in violation of Section 404 or 301(d) (21 USCS 'SS''SS' sections 331(d), 344) of the federal Act. Pro-Fac, however, does not guarantee against goods becoming adulterated or misbranded within the meaning of the Act or Acts after delivery to Agrilink by reason of causes beyond the control of Pro-Fac.

Appears in 2 contracts

Samples: Marketing and Facilitation Agreement (Pro Fac Cooperative Inc), Marketing and Facilitation Agreement (Agrilink Foods Inc)

Adulteration or Misbranding. Pro-Fac guarantees that no articles of food delivered by it to Agrilink Allens during the period in which this contract is effective will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are identical with or substantially the same as those found in the federal Act, and goods will not be produced or shipped in violation of Section 404 or 301(d) (21 USCS 'SS''SS' §§ 331(d), 344) of the federal Act. Pro-Fac, however, does not guarantee against goods becoming adulterated or misbranded within the meaning of the Act or Acts after delivery to Agrilink Allens by reason of reasons or causes beyond the control of Pro-Fac.

Appears in 1 contract

Samples: Raw Product Supply Agreement (Pro-Fac Cooperative Inc)

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Adulteration or Misbranding. Pro-Fac guarantees that no articles of food delivered by it to Agrilink during the period in which this contract is effective will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are identical with or substantially the same as those found in the federal Act, and goods will not be produced or shipped in violation of Section 404 or 301(d) (21 USCS 'SS''SS' ‘SS’’SS’ 331(d), 344) of the federal Act. Pro-Fac, however, does not guarantee against goods becoming adulterated or misbranded within the meaning of the Act or Acts after delivery to Agrilink by reason of causes beyond the control of Pro-Fac.

Appears in 1 contract

Samples: Marketing and Facilitation Agreement (Birds Eye Foods, Inc.)

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