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 publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

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) The rule for the Division of Weights and Measures for packaging and labeling shall incorporate by reference the section of the 2000 edition of NIST Handbook 130, entitled “Uniform Packaging and Labeling Regulation.”

1. (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. 1999.* 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. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995.