1. A. A person shall comply with all packaging, labeling, and method of sale requirements in Handbook 130, except as otherwise stated in this Chapter. A person shall ensure that packaged commodities kept, offered, exposed for sale, sold, or in the process of delivery are weighed, measured, and inspected using sampling and testing procedures designated in Handbook 133, except as otherwise stated in this Chapter.

2. B. A retail seller shall ensure that a package that is offered for sale in a random weight, measurement, or count, and that is weighed, measured, or counted at the time of sale, includes a label on the package identifying the net weight, measurement, or count, item description, and packer’s name if the packer is not the retailer. Pre-packaged produce does not require a label on each package if the retailer:

   1. 1. Clearly labels the price-per-pound where the packaged produce is displayed, and
   2. 2. Deducts a tare for the packaging from the gross weight at the time of sale.

3. C. If the Division issues an administrative order to a person at location where a package inspection is held, for a package that is not in compliance with a requirement in Handbook 130 or Handbook 133, the person to whom the administrative order is issued shall correct the package violation by:

   1. 1. Removing the package from sale;
   2. 2. Labeling the package to reflect its correct net quantity;
   3. 3. Placing a notice on the package that corrects the package violation, and pricing the package to reflect its correct net quantity; or
   4. 4. Repackaging the commodity so the package contains the net quantity represented.

Historical Note

New Section R3-7-302 recodified from Section R20-2-302 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 23 A.A.R. 2280, effective October 2, 2017 (Supp. 17-3). Amended by final rulemaking at 29 A.A.R. 441 (February 3, 2023), effective March 5, 2023 (Supp. 23-1).