PURPOSE: This rule achieves, to the maximum extent possible, uniformity in weights and measures laws and regulations among states and local jurisdictions, which facilitates trade between states and provides uniform and sufficient protection to all consumers in weights and measures issues.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. This publication may be accessed at the NIST website at www.nist.gov/owm.

SUMMARY: The sections of NIST Handbook 130 pertaining to packaging and labeling regulation are a result of the combined efforts of the National Conference on Weights and Measures, the National Institute of Standards and Technology (NIST) and state divisions of weights and measures. The packaging and labeling regulation parallels regulations adopted by federal agencies under the Fair Packaging and Labeling Act. It deals with declaration of quantity; prominence and placement of consumer and nonconsumer packages; requirements for specific commodities, packages and containers; variations and exemptions allowed and retail sale price representations.

1. (1) The rule for the Division of Weights and Measures for packaging and labeling shall incorporate by reference the section of the 2002 edition of NIST Handbook 130, entitled “Uniform Packaging and Labeling Regulation.”
2. (2) Should any portion of the packaging and labeling regulation be deemed unacceptable, rules will be promulgated within this chapter denoting and excepting those portions and adopting alternative provisions as deemed necessary by the director of the Department of Agriculture.

AUTHORITY: section 413.065, RSMo Supp. 2002.* Original rule filed May 9, 1984, effective Sept. 14, 1984. Amended: Filed March 3, 1986, effective June 12, 1986. Amended: Filed Feb. 3, 1989, effective April 27, 1989. Amended: Filed Nov. 1, 1989, effective Feb. 11, 1990. Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended: Filed Feb. 24, 1995, effective Aug. 30, 1995. Amended: Filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed April 9, 1998, effective Oct. 30, 1998. Amended: Filed Feb. 25, 2000, effective Sept. 30, 2000. Amended: Filed: Sept. 12, 2002, effective March 30, 2003.

*Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.