8 CCR 1202-1
REGULATION I. PACKAGING AND LABELING STATEMENT OF BASIS - LEGAL AUTHORITY -- Title 35, Article 14, Section 107(o). Colorado Revised Statutes 1973. as amended.
STATEMENT OF PURPOSE -- This Packaging and Labeling Regulation is in compliance with the Measurement Standards Act of 1983 and enables consumers to obtain accurate Information as to the quantity of the contents and facilitates value comparisons.
1. DEFINITIONS 1.1 COMMODITY IN PACKAGE FORM - means a commodity put up or packaged in any manner In advance of sale in units suitable for either wholesale or retail sale. An Individual Item or lot of any commodity not in package form as defined in this Rule but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be a commodity in package form. Where the term “package” is used in this regulation, it shall be construed to mean “commodity in package form” as herein defined.
1.2 CONSUMER PACKAGE - package of consumer commodity means a commodity in package form that is customarily produced or distributed for sale through re-tall sales agencies or Instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.
1.3 INCH POUND SYSTEM - means the United States customary system of weights and measures as approved by the United States Department of Commerce.
1.4 LABEL - means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding. Identifying, or giving any information with respect to the commodity or to the contents of the package, except that an Inspector's tag or other non-promotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this regulation.
1.5 METRIC SYSTEM -- means the Systeme Internationale System of Weights and Measures as adopted by the United States Department of Commerce.
1.6 MULTI-UNIT PACKACE -- means d package containing two or more individual packages of the same commodity, in the same quantity , with the individual packages intended to be sold as part of the multi-unit package but capable of being individually sold in full compliance with all requirements of this regulation.
1.7 NONCONSUMER PACKAGE: PACKACE OF NONCONSUMER COMMODITY: -- means any
commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution.
1.8 PRINCIPAL DISPLAY PANEL OR PANELS -- means that part or those parts, of a label that is , or are , so designed as to most likely be dislayed, presented, shown. or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the “principal display panel” shall pertain to all such “principal display panels.”
1.9 RANDOM WEIGHT PACKAGE -- means a package that is one of a lot:shipment or delivery of packages of the same consumer commodity with varying weight; that is, packages of the same consumer commodity with no fixed pattern of weight.
2. INFORMATION REQUIRED ON PACKAGES - GENERAL 2.1 Any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of :
(a) the identity of the commodity in the package. unless the same can easily be identified through the wrapper or container.
(b) the quantity of contents in terms of weight, measure, or count.
(c) the name and place of business of the manufacturer, packer. or distributor , in the case of any package kept, offered. or exposed for sale, or sold in any place other than on the premises where packed.
2.2 This shall not apply to:
(a) inner wrappings not intended to be individually sold to the consumer.
(b) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities, as defined herein, (c) auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers If such containers or wrappings bear no printed matter pertaining to any particular commodity.
(d) containers used for retail tray pack displays when the container itself is not Intended to be sold (e.g. the tray that is used to display individual envelopes of seasonings, gravies, etc., and the tray itself is not intended to be sold), or (e) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by this article.
(f) packages when the unit of count is less than six (6) count and the commodity or article is clearly visible for counting when in its container, or the weight is less than 1 oz. avoirdupois and/or the measure is less than 1 02. liquid or dry volume.
3. DECLARATION OF IDENTITY: PACKAGES 3.1 A declaration of Identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like, and shall appear generally parallel to the base on which the package rests as it is designed to be displayed.
3.2 A declaration of identity on a nonconaumer package shall appear on the outside of a package and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
3.3 Meat cuts shall be limited to those terms listed in the uniform retail meat industry standards.
3.4 Any package kept, offered, or exposed for sale. or sold , at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name; or, when not in-corporated, the name under which the business is conducted. The address shall include street address, city,state, and ZIP code; however, the street address may be omitted, if this is shown in a current directory or telephone directory.
3.5 If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity. such as “Manufactured for and Packed by _____” “Distributed by_____”, or any other wording of similar import that expresses the facts.
4. DECLARATION OF UNIT PRICE ON RANDOM-WEIGHT PACKAGES -- 4.1 In addition to the declarations required by 4. -- any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.
5. DECLARATION OF QUANTITY; CONSMER PACKAGES 5.1 The metric and inch-pound systems of weights and measures are recognized as proper systems to be used in the declaration of quantity, Units of both systems may be presented in a dual declaration of quantity.
5.2 Largest whole Unit -- where this article requires that the quantity declaration be in terms of the largest whole unit , the declaration shall , with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed--following the requirements of sub-section
5.3 USE OF FRACTIONS
(a) Metric: a metric statement in a declaration of net quantity of contents of any consumer comodity may contain only decimal fractions.
(b) Inch-Pound: an inch-pound statement of net quantity of contents of any consumer comodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eights, sixteenths, or thirty-seconds, except that if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed, and if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.
(c) Common Fractions: a common fraction shall be reduced to its lowest term (e.g 2/4 becomes 1/2)
(d) Decimal Fractions: a decimal fraction shall not be carried out to more than two places.
(e) Inch-Pound units shall be in common or decimal fractions of such largest whole unit, or in the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration. Metrlc units in decimal fractions of such largest whole units.
5.4 A declaration of net quantity of the commodity in the package. exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of the consumer package and, unless otherwise specified in this article shall be in terms of the largest whole unit 5.5 The term “net weight”shall be used In conjunction with the declara-tion of quantity in units of weight. The term may either precede or follow the declaration of weight.
5.6 A declaration of quantity may appear on one or more lines of print or type.
5.7 The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or dry measure if the commodity is dry, or in terms of weight if the commodity is solid, semi-solid, viscous, or a mixture of solid and liquid, or in terms of numerical count.
However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity. Combination Declaration -- (a) A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.
(b) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count and size of the individual units unless a declaration of measure alone is fully informative.
(c) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative.
5.8 WHEN INCH-POUND SYSTEM OF WEIGHT OR MEASURE IS USED --
A declaration of quantity shall be:
(a)in units of weight, shall be in terms of the avoirdupois pound or ounce. (b)in units of liquid measure, shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon. and shall express the volume at 68°F except in the case of a Commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40°F. (c)in units of linear measure, shall be in terms of the yard, foot or inch. (d)in units of area measure, shall be in terms of the square yard, square foot, or square inch. (e)in units of volume measure, shall be in terms of the cubic yard, cubic foot, or cubic inch.
(f) in units of dry measure shall be in terms of the United states bushel of 2150.42 cubic inches, or peck, dry-quart, and dry-pint subdivisions of the bushel.
5.9 Any of the following symbols and abbreviations, and none other shall be employed in the quantity statement on a package of commodity:
avoirdupois avdp ounce oz cubic cu pint pt feet or foot ft pound lb fluid fl quart qt gallon> gal square sq inch in weight wt liquid liq yard yd (There normally are no periods following--nor plural forms of--symbols. For example, “oz” is the symbol for both “ounce” and “ounces” Both upper and lower case letters are acceptable.) 5.10 When the term “ounce” is employed in a declaration of liquid quantity the declaration shall identify the particular meaning of the term by the use of the term “fluid” however such distinction may be omitted when by association of terms the proper meaning is obvious. (For example, as in 1 pint 4 ounces) Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word “dry”
5.11 WHEN METRIC UNITS OF WEIGHT OR MEASURES ARE USED --
A declaration of quantity shall be:
5.12 Any of the following symbols for metric units, and none other may be employed in the quantity statement on a package of commodity: kilogram kilogram kg meter m gram g centimeter cm milligram mg millimeter mm liter L square 2 meter m milliliter mL square 2 centimeter cm cubic meter m3 3 cubic centimeter cm (a)Symbols, except for liter, are not capitalized, unless the unit is derived from a proper name. Period should not be used after the symbol. Symbols are always written in singular form - do not add “a” Co express the plural when the symbol is used.
(c)The average quantity of contents in the package of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any single package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.
6. PRESCRIBED UNITS - DECLARATION OF QUANTITY FOR CONSUMER PACKAGES 6.1 For Inch-Pound System Less than 1 foot, 1 square foot, 1 pound, or 1 pint - the declaration of quantity shall be expressed In terms of:
(a)In the case of length measure of less than 1 foot, inches and fractions of inches; (b)in the case of area measure of less than 1 square foot, square inches and fractions of square inches;
(c)in the case of weight of leas than 1 pound, ounces and fractions of ounces; (d)in the case of liquid measure of less than 1 pint, fluid ounces and fractions of fluid ounces; provided chat the quantity declaration appearing on a random package nay be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than two decimal places.
6.2 DUAL QUANTITY DECLARATION - On packages containing 1 pound or more but less than 4 pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit: Provided, that the quantity declaration appearing on a random package may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places.
6.3 DUAL QUANTITY DECLARATION - On packages containing 1 pint or more, but less than 1 gallon, the declaration shall be expressed in fluid ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
6.4 DUAL QUANTITY DECLARATION - On packages containing 1 foot or more, but less than 4 feet, the declaration shall be expressed in Inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
6.5 DUAL QUANTITY DECLARATION - On packages containing 1 square foot or more but less than 4 square feet, the declaration shall be expressed in square inches and. In addition, shall be followed by a declaration in parentheses, expressed In terms of the largest whole unit.
6.6 WHEN FOUR FEET, 4SQUARE FEET , 4 POUNDS. 1 GALLON, OR MORE -- IS TO BE
DECLARED, IT SHALL BE EXPRESSED AS FOLLOWS:
(a) length measure of 4 feet or more the declaration of quantity shall be expressed in terms of feet, followed in parentheses by a declaration of yards and common or decimal fractions at the yard, or in terms of feet followed in parentheses by a declaration of yards with any remainder in terms of feet and inches. In the case of (b) area measure of 4 square feet or more, (c) weight of 4 pounds or more, (d) liquid measure of 1 gallon or more. the declaration of quantity shall be expressed in terms of the largest whole unit.
6.7 For bi-dimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:
(a) if less than 1 square foot , in terms o f linear inches, and fractions of linear inches;
(b) if at least 1 square foot but less than 4 square feet , in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit: Provided, that no square inch declaration is required for bi- dimensional commodity of 4 inches width or less, or a dimension of less than 2 feet may be stated in inches within the parenthetical declaration, and commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations) require a declaration of unit area but not a declaration of total area of all such units;
(c) if 4 square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole unit: Provided, that a declaration in square feet is required for a bi-dimensional commodity with a width of 4 inches or less, bi- dimensional commodities, with a width of 4 inches or less, shall have the length expressed in inches followed by a state-ment in parentheses of the length in the largest whole unit. (e.g. 2 inches by 360 inches (10 yards). a dimension of less than 2 feet my be stated in inches within the parenthetical declaration.
no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.
6.8 PRESCRIBED UNITS FOR METRIC SYSTEM -- As Follows:
When less than 1 meter, I square meter, 1 kilogram, or liter -- the declaration of quantity shall be expressed in terms of:
6.9 ONE METER, 1 SQUARE ElETER. 1 LITER OR HORE -- To be used in the case of:
(a) length measure of 1 meter or more; in meters and decimal fractions to not more than two places;
(b) area measure of 1 square meter or more; in square meters and decimal fractions to not more than two places;
(c) weight of 1 kilogram or more; in kilograms and decimal fractions to not more than two places;
(d) liquid or dry measure of 1 liter or more; in liters and decimal fractions to not more than two places.
6.10 FOR BI-DIMENSIONAL COMMODITIES (INCLUDING ROLL-TYPE COMMODITIES) THE
QUANTITY DECLARATION SHALL BE EXPRESSED:
(a) if less than 1 square meter in terms of length and width;
(b) if 1 square meter or more, in terms or square measure followed by a declaration of length and width: provided that quantity declarations on hi-dimensional commodities with a width of 100 millimeters or less may be expressed in terms of width and length, only. Commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations - Count: Ply.) require a declaration of unit area but not a declaration of total area of all such units.
No declaration in square units for required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurement on the label.
(c) If the commodity is in individually usable units of one or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this regulation, include the number of ply and total number of usable units.
(d) Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; however, such roll type commodities shall be labeled in terms of: total area measurement. number of ply, count of usable units. and dimensions of a single usable unit.
7. SUPPLMENTARY QUANTITY DECLARATIONS 7.1 The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a display panel. Such supplement statement of quantity of con-tents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package. (e.g “giant” quart, “larger” liter, “full” gallon, “when packed” “minimum” or words of similar import) 7.2 When using combined metric and inch-pound declarations an equivalent statement of the net quantity of contents in terms of either the inch-pound or metrics system is not regarded as a supplemental statement and such statement may also appear on the principal display panel; provided, that it conforms to 5.
7.3 In all conversions for the purpose of showing an equivalent metric or inch-pound quantity to a rounded customary or metric quantity. the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated.
In no case shall any declaration of quantity be qualified by the addition of the words “when packed” “minimum” “not less then” or any words of similar import; nor shall any unit of weight, measure, or count be qualified by any terms that tends to exaggerate the amount of commodity (such as “jumbo” “giant” “full” or the like)
8. DECLARATION OF QUANTITY: NONCONSUMER. - GENERAL-- 8.1 The metric and inch-pound system of weights and measures are recognized as proper systems to be used in the declaration of quantity. Units of both systems might be combined in a dual declaration of quantity, and although nonconsumer packages under this article bear only metrics declarations, this should not be construed to supersede any labeling requirements specified in Federal law.
8.2 Location: A nonconsumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit as set forth in 5.
8.3 The declaration o f the quantity of a particular commodity shall be expressed in terms of liquid pleasure, if the commodity is liquid; or , in the term of dry measure, if the commodity is dry ; or , in terms of weight, lf the commodity is solid, semisolid , viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the the used in expressing a declaration of quantity o f a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.
8.4 When using inch-pound units relating to a declaration of quantity they shall be expressed as set forth
5.8
8.5 Symbols and Abbreviations -- Any generally accepted symbol and abbreviation of a unit name may be employed in the quantity statement on a package of commodity as set forth in 5.9 8.6 When Using Metrics Units Relating to Weights and Measures a Declaration Shall Be Expressed as Set Forth in 5.11.
8.7 Symbols -- Only chose symbols as detailed in 5.12.
8.8 The average quantity of contents in the package of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any single package shall be permitted, even though overages in ocher packages in the same shipment, delivery, or lot compensate for such shortage.
9. LABELLING - PROMINENCE AND PLACEMENT: CONSUMER PACKAGES -- 9.1 All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. The English language need not be used, if there is a person available at the place of sale to interpret the labeling. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
9.2 The declaration of declarations of quantity of the contents of a package shall appear in the bottom 30 percent of the principal display panel or panels. For cylindrical containers additional requirements see 9.7(b).
9.3 The declaration or declarations of quantity shall be in such a style of type or lettering as to boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label Information is blown, formed, or molded on the surface.
9.4 The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blow, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label infomation is on the surface in a contrasting color.
9.5 The area surrounding the quantity declaration shall be free of printed information:
(a) above and below, by a apace equal to at least the height of the lettering in the declaration, and (b) to the left and right, by a space equal to twice the width of the letter “N” of the style and size of type used in the declaration.
9.6 The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed.
9.7 In Calculating the Area of Principal Display Panel for Purpose of Type Size, the Area of the Principal Display Panel shall be:
(a) in the case of a rectangular container, one entire side which properly can be considered to be the principal display panel, the product of the height times the width of chat side;
(b) In the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the height of the container times the circumference; or (c) in the case of any other shaped container. 40 percent of the total surface of the container, unless such container presents an obvious principal display panel (e.g. the top of a triangular or circular package of cheese, or the top of a can of shoe polish), in which event the area shall consist of the entire such surface. Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.
9.8 The height of any letter or number in the required quantity declaration shall not be less than that shown in Table 1 with respect to the area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards; provided, that in the case of the symbol for milliliter the “m” shall meet one-half the minimum height standard. (a)No number or letter shall be more than three times as high as it is wide. TABLE 1. Minimum Height of Numbers and Letters Area of principal display Minimum height of Minimum height; label panel numbers and letters information blown, formed, or molded on surface of container 5 square inches (in2) and 1/16 inch 1/8 inch less 2 1/8 inch 3/16 inch Greater than 5 in and not greater than 25 in 2 3/16 Inch 1/4 inch Greater than 25 in and not greater than 100 in 2 1/4 inch 5/16 inch Greater than 100 in and not greater 400 in 2 1/2 inch 9/16 inch Greater than 400 in 10. LABELING - PROMINENCE AND PLACEMENT FOR NONCONSUMER PACKAGES All information required to appear on a nonconsumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
11. LABELING REQUIREMENTS FOR SPECIFIC CONSUMER COMMODITIES, PACKAGES, CONTAINERS.
11.1 For an Individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.
11.2 When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.
11.3 The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.
11.4 Any package containing more than one individual “commodity” in package form of the same commodity, shall bear on the outside of the package a declaration of (a) the number of individual units (b) the quantity of each individual unit, and (c) the total quantity of the contents of the multi-unit package: provided, that any such declaration of total quantity shall not be required to Include the parenthetical quantity statement of a dual quantity representation, (e.g. soap bars, 6 bars, net weight 75 g each; Total Net Weight 450 g)
11.5 Combination Packages -
Any packages containing individual units of dissimilar commodities (such as an antiquing or a housecleaning kit, for example) shall bear on the label of the package a quantity declaration for each unit. (e.g. sponges and cleaner: 2 sponges, each 10 cm x 15 cm x 2 cm. 1 box cleaner, net weight 150g)
11.6 Any package containing Individual units of reasonably similar commodities (such as, for example, seasonal gift packages, variety packages of cereal shall bear on the label of the package a declaration of the total quantity of commodity in the package, (e.g. plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total)
11.7 In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.
11.8 Commodities designated and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:
(a) or bag-type commodities, in terms of count, followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise)
(b) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length Inch-Pound units - expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot (e.g. 25 BAGS, 17 IN X 4 IN X 20 IN or 100 BAGS, 20 IN X 12 IN X 2 1/2 FT) or Metric units - In millimeters except a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter (e.g 25 BAGS, 430 mm X 100 an X 500 nn or 50 BAGS, 500 am X 300 mm X 1.2 m) (c) For other square, oblong, rectangular, or similiarly shaped containers, In terms of count followed by length, width, and depth, except depth need not be listed when less than 50 millimeters or 2 inches (e.g. 2 PANS, 8 IN X 8 IN or 2 PANS, 203 mm X 203 no) Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit (e.g. 24 CUPS, 6-FL OZ CAPACITY OR 24 CUPS 250 mL CAPACITY)
11.9 When the functional use of the container is related by label reference in standard terms of measure to the capability of holding a specific quantity of substance or class of substances such references shall be a part of the net quantity statement and shall specify capacity as follows:
(a) Inch-Pound units:
Dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with any remainder in terms of the commor or decimal fraction of that unit. (e.g. leaf bags - 8 BAGS, 6-BUSHEL CAPACITY, 3 FT X 5 FT)
Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent containers, (e.g. Garbage Can Liners - 10 LINERS, 2 FT 6 IN x 3 FT 9 IN fits up to 30 GALLON CANS)
(b) Metric units - Volume measure for all containers and liners, (e.g. 4 BOXES, 1-L CAPACITY, 150 mm x 120 mm x 90 mm; 8 BAGS, 200-L CAPACITY, 85 mm x 1.5 mm or 10 LINERS, 750 mm x 1 m, FITS UP TO 120-L CANS)
11.10 For the purpose of this section, the use of the terms “CAPACITY” “DIAMETER” and “FLUID” is optional.
11.11 Wearing apparel (Including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or If normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count.
11.12 Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dlshtowels, dishcloths, towels face cloths, utility cloths, bach mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be exempt from the requirements of 6.7 and 6.10.
Provided, that (a) the quantity statement for fitted sheets and mattress covers shall state, In centimeters or inches, the length and width of the matress for which the item is designed, such as “twin” “double” “king”, etc. (e.g. Double Sheet for 135 mm x 190 mm matress) (b) the quantity statenent for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as “twin” “double” “king”, etc. The quantity statement also shall state, in centimeters or inches, the length and width of the matress for which the sheet is designed, followed in parentheses by a statement, in Inches of the length and width of the finished sheet. (e.g. Twin Flat Sheet for 100 cm x 190 cm Matress [(170 cm x 240 cm finished size)] (c) The quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such A3 “youth” “standard” “queen”, etc. The quantity state- Dent also shall state, in centimeters or Inches, the length and width of the pillow for which pillowcase is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished pillowcase, (e.g. Standard Pillowcase for 50 cm X 65 era Pillow [(53 en X 75 en finished sire)], (d) The quantity statement for blankets, comforters, quilts, bedspreads, matress pads, afghans, and throws shall state, in inches, the length and width of the finished item. The quantity statement also may state the length of any oramentation and the size designation of the mattress for which the item is designed. Such as “twin” “double” “king”, etc.
(e) The quantity statement for tablecloths and napkins shall state, in centimeters or inches, the length and width of the finished Item. The quantity statement also may state parenthetically, in centimeters or inches, the length and width of the item before hemming and properly identified as such.
(f) The quantity statement for curtains, drapes, flags, furniture scarfs, etc. shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or Inches, the length of any ornamentation.
(g) The quantity statement for carpets and rags shall state, in meters or feet, with any remainder in decimal fractions of the meter for metric sizes or common or decimal fractions of the foot or in inches for customary sizes, the length and width of the item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation.
(h) The quantity statement for woven dishtowels, dishcloths, towels, face cloths, utility cloths, bath oats, etc. shall state. In centimeters or Inches, the length and width of the item. The quantity statement for such Items, when knitted, need not state the dimensions.
(i) The quantity statement for textile products such as pot holders, fixture and applicance covers, non-rectangular diapers, slip covers, etc. shall be stated In terms of count and may Include size designations and dimensions.
(j) The quantity statement for other than rectangular textile products identified in (a) thru (h) shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape, (e.g. Oval Tablecloth HO cm X 110 cm - representing the maxima length and width in this case).
(k) The quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term “irregular dimensions” and the minimum size of such remnants.
11.13 When Variations from Declared Dimensions in Textile Products Exist -
(a) An item with no declared dimensions less than 60 centimeters or 24 Inches, a minus variation greater than 3! of a declared dimension and a plus variation greater than 6Z of a declared dimension should be considered unreasonable, or (b) for an Item with a declared dimension less than 60 centimeters or 2A inches, a minus variation greater than 6Z of that declared dimensions and a plus variation greater than 12Z of that declared dimensions should be considered unreasonable.
11.14 Variety packages of textiles which are required to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this section for location, free area and minimum heigth of numbers and letters.
11.15 Sewing and handicraft threads and yarns shall be exempt from the requirements of dual quantity declaration; Provided, that (a) The net quantity statement for customary sizes of seving and handicraft threads shall be expressed In terms of yards.
(b) The net quantity statement for yarns shall be expressed In terms of weight.
(c) Thread products may, in lye's of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the commissioner.
(d) Each unit of Industrial thread shall be marked to show its net measure In terms of meters or yards or Its net weight In terms of kilograms or grams or avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately, shall not be required to be individually marked to show the a number of bobbins contained therein and the net meters or yards of thread on each bobbin.
11.16 Packages of seeds Intended for planting shall be labeled In full accord with this article except as follows:
(a) The quantity statement shall appear in the upper thirty percent of the principal display panel.
(b) The quantity statements shall be In terms of the largest whole unit of the metric system for all weights up to seven grams, and in grams or in ounces for all other weights less than 225 grams or eight ounces.
(c) The quantity statement for coated seed, encapsulated seed, pelletized seed, pre-planters, seed tapes, etc. shall be In tens of count.
12. EXEMPTIONS - DUAL QUANTITY DECLARATION - 12.1 Whenever any consumer package or consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity required to appear on the package shall be in terms of the largest whole unit (except as set for la ll.4(c).
12.2 A random package bearing a label conspicuously declaring the net weight, the price per kilogram or pound, and the total price shall be exempt from the type, size, dual declara tion, placement, and free area requirements of this rule. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label Includes both such prices at the time it is offered or exposed for sale at retail.
The exemption shall also apply to uniform weight packages of cheese and cheese products labeled In the same manner and by the same type of equipment as random packages exempted by this section.
12.3 Individually wrapped pieces of “penny candy” and other confectionery of less than 15 grams or one- half ounce net weight per individual piece shall be exempt from the labeling requirements of this rule when the container in which such confectionery is shipped in conformance with the labeling requirements of this regulation. Similarly, when such confectionery items are sold in bags or boxes items shall be exempt from the labeling requirements of this rule including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this rule.
12.4 Individual-serving-3ize packages of food containing less than 15 grams or 1/2 ounce or less than 15 milliliters or 1/2 fluid ounce for use in restaurants, Institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this rule.
12.5 When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this rule such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.
12.6 Nothing in this tale shall be deemed to preclude the continued use of reusable (returnable) glass containers: provided, that such glass containers ordered after the effective date of this rule shall conform to all requirements of this rule.
12.7 Cartons of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this rule, shall be exempt from the requirements set forth in 9.2, 9.8, 9.8(a) and 11.4(a).
Multi-Unit Packages: provided, that such cartons bear a declaration of the net quantity of commodity in the package.
12.8 When Packaged Commodities with Labeling Requirements are Specified in Federal Law Packages of meat and meat products, poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from those portion of this article requiring dual declaration in customary units and specifying location and minimum type size of the net quantity declaration: provided, that quantity labeling requirements for such products are specified in Federal Law, so as to follow reasonably sound principles of providing consumer information.
12.9 Exemptions for Fluid Dairy Products, Ice Cream and Similar Frozen Desserts - (a) When packaged in 1/2-liquid-pint and 1/2 gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.
(b) When packaged in l-liquid pint, 1-liquid quart, and 1/2-gallon containers, are exempt from the dual net contents declaration requirements of 6.3.
(c) When measured by and packaged in measure containers as defined in “Measure Container Code of National Bureau of Standards Handbook 44,” in sizes allowable by Method-of- Sale of Commodities are exempt from the requirements of 9.2 declaration of net contents be located within the bottom 30 percent of the principal display panel.
(d) Milk and milk products when measured by and packaged in glass or plastic containers of sizes allowable by Method-of-Sale of Commodities are exempt from the placement requirement of 8.2 that the declaration of net contents be located within the bottom 30 percent of the principal display panel; Provided, that the other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to the part of the glass or plastic container that is at or above the shoulder of the container.
12.10 Exemptions for Single-Strength and less than Single-Strength Fruit Juice Beverages, Imitations thereof, and Drinking Water - (a) When packaged In glass, plastic, or fluid milk type paper containers of 8- and 64-fluld-ounce capacity are exempt from the requirements of 5.8(b) to the extent that the net contents of 8-fluid-ounces and 64-fluid-ounces (or 2 quarts) may be expressed as 1/2 pint (or half pint) and 1/2 gallon (or half gallon), respectively.
(b) When packaged in glass or plastic, or fluid milk type paper containers of 1-pint, 1-quart, and 1/2-gallon capacities, are exempt from the dual net contents declaration requirements of 6.3.
(c) When packaged in glass or plastic containers of round metric sizes or 1/2-pint, 1-quart, 1/2- gallon, and 1-gallon capacities, are exempt from the placement requirements of 9.2 that the declaration of net contents be located within the bottom 30 percent of the principal display panel; Provided, that other label information is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that la at or above the shoulder of the container.
12.11 Bottles of soft drinks shall be exempt from the placement requirements for the declaration of (a) identity, when such declaration appears on the bottle closure, and (b) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this article appears only on the bottle closure.
12.12 Multi-unit packages of soft drinks are exempt from the requirement for a declaration of (a) responsibility, when such declaration appears on the Individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the Individual units inside, and (b) indentify, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.
12.13 Butter - When packaged with continuous Label copy wrapping, butter is exempt from the requirements that the statement of Identity and the net quantity declaration be generally parallel to the base of the package. When packaged in 8-ounce and l-pound units, butter is exempt from the requirement for location of net quantity declaration and, when packaged in 1-pound units, Is exempt from the requirement for dual quantity declaration.
12.14 Cartons containing 12 eggs shall be exempt from the requirement for location of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this rule if the undivided carton conforms to all such requirements.
12.15 Packages of wheat flour packages in sizes allowable by the Method of Sale of Commodities shall be exempt from the requirement in this rule for location of the net quantity declaration and, when packaged In units of 2 pounds, shall be exempt also from the requirement for a dual quantity declaration.
12.16 On a principal display panel of 32 square centimeters or five square inches or less, the declaration of quantity need not appear In the bottom 30 percent of the principal display panel if that declaration satisfies the other requirements of this rule.
12.17 The principal display panel of a cosmetic marketed in a “boudoirtype” container including decorative cosmetic containers of the “cartridge” “pill box” “compact” or “pencil” variety, and those with a capacity of 7 grams or 1/4 ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label Information as required by this
12.18 Combination packages are exempt from the requirements in this rule for
Location Free Area Minimum Height of Numbers and Letters 12.19 Margarine in a round metric size or 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this section for location of the net quantity declaration, and shall be exempt from the requirement in this section for location of the net quantity declaration.
12.20 Corn flour and corn meal packaged in a round metric size or conventional 5- 10- 25- 50-, and 100- pound bags shall be exempt from the requirement in this section for location of the net quality declaration.
12.21 Prescription and insulin-containing drugs subject to the provisions of Section 503 (b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this article.
12.22 Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this article which specify how measurement of commodities should be expressed; Provided, that (a) The net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of linear meters or feet of usable film contained therein.
(b) The net quantity of contents on packages of exposed movie film is expressed in terms of the running time of the exposed film for that portion of film which is of entertainment value.
(c) The net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the Individual exposures, expressed in millimeters or inches, are authorized as an optional statement (Example: “36 exposures, 36 mm X 24 mm” or “12 exposures, 2 1/4 in. X 2 1/4 in”) 12.23 Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packed in 1-liquid- pint and 1-liquid quart units shall be exempt fro* the dual quantity declaration requirements.
(a) Tint base paint may be labeled on the principal display panel, as required by this article, in terms of round metric size or a quart or a gallon including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a round metric size or quart or a gallon; and further provided chat in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in milliliters or fluid ounces elsewhere on the label.
(b) Wherever the above conditions cannot be net, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant In full accord with all the requirements of this rule.
12.24 AUTOMOTIVE COOLING SYSTEM, ANTIFREEZE - when packed in 1-liquid quart units. In metal or plastic containers, shall be exempt from the dual quantity declaration requirements.
12.25 Motor oils, when packed in 1-liquid-fl.uarc units, shall be exempt from the dual quantity declaration requirements. Additionally, motor oil in round metric sizes or 1-liquid quart, 1-gallon, 1-1/4 gallon, 2-gallon, and 2-1/2-gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements, when the Society of Automotive Engineers (SAE) viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 millimeter or 1/4 inch.
12.26 Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements for location, size of letters or numbers, free area, and the declarations of identity and responsibility. Provided. that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this rule, and further provided that the information on such permanently attached label be fully observable to the purchaser.
12.27 Individual packaged commodities put up in variable and sizes for sale intact, and Intended to be weighed and marked with the correct quantity statement prior to or at the point of display for retail sale, are exempt while moving In commerce and while held for sale prior Co weighing and marking; Provided. that the outside container bears a label declaration of the total net weight.
12.28 When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible Co the purchaser, such packages shall be labeled in full accord with this rule except that Chose containing 6 or less items need not include a statement of count.
12.29 Packaged fishing lines and reels are exempt from she dual quantity declaration requirements; Provided, chat quantity or capacity, as appropriate is presented in terms of meters or yards in full accord with all other requirements of this rule.
13. PACKAGING VARIATIONS TO SE ALLOWED - 13.1 Variations from the declared net weight, Measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or lot of the commodity that is kept, offered, or exposed for sale, or sold, is below the quantity stated, and no unreasonable shortage in any single package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.
13.2 Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result In change of weight or measure, but only after the commodity is introduced into intra-state commerce: Provided, that the phrase “Introduced into intra-state commerce” as used in this paragraph shall be construed to define the time and the place at which the first sale and delivery of a package is made within the state, the delivery being either (a) directly to the purchaser or to his agent, or (b) to a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who Introduces the package into intra-state commerce, exposure variations shall not be permitted.
14. LABELING AND USE OF USED CONTAINERS - 14.1 Whenever a used container is used as means to package a commodity so as to constitute a unit of quantity for resale, either wholesale or retail, all former markings must be removed or obliterated - Backs may be turned inside out - and package labeled to meet the requirements of this article.
14.2 Used containers used for the sole purpose of transportation, with the commodity destined for further processing or packaging, shall be exempt from labeling requirements of this rule except when a container has been used formerly for a like or similar commodity to the one now being used, then all former labeling and identification must be removed or obliterated - in the case of sacks they may be turned inside out.
14.3 Whenever it is required by statute that products be Identified by grade or will meet certain branding requirements, it shall be considered to be part of the labeling as it pertains to this rule.