Continuing Labeling Agreement For Shipments Of Unlabeled Foods
 
Agreement Under Section 405 of the Federal Food, Drug and Cosmetic Act
 (Insert name and mailing address here.) hereinafter called "Buyer," and
(Insert name and mailing address here.) hereinafter called "Seller," pursuant to Section 101.100(d) of the regulations of the Food and Drug Administration agree that for any subsequent shipment of unlabeled food to or on the order of Buyer:

  1. Buyer will not repackage the food from its original containers.
  2. Buyer will label each container to comply in all respects with the Federal Food Drug Cosmetic Act and the Fair Packaging and labeling Act (if applicable), and the regulations thereunder, including any standards which have been promulgated for said food, and Buyer represents that the label or labels to be used by Buyer, and attached to this Agreement, including additional labels attached after the execution of the Agreement, are in compliance with these requirements.
Unless specifically agreed otherwise, this agreement shall be a part of all contracts of sale between Buyer and Seller involving shipment of unlabeled goods, whether or not specifically referred to in or incorporated into such contracts. Either party may cancel this Agreement at any time by notice in writing to the other party, except that such cancellation shall not be effective with respect to any goods in transit at the time such notice is given.

(Buyer agrees to indemnify Seller against all damaged, expenses cost and charges, and against all loss and liability which Seller may incur by reason of the failure of said goods to meet all the above terms.)

Both parties agree to keep copies of this Agreement until two years after all shipments made pursuant to this Agreement have been removed from the Buyer's establishment and to make such copies available for inspection upon request at any reasonable hour to any officer or employee of the United States Food and Drug Administration.

(Insert seller's name here.)
By:
Date:

(Insert buyer's name here.)
By:
Date:


 
COPYRIGHT©2001 VICTORIA PACKING CORP. ALL RIGHTS RESERVED
( PL-102205-LA )