
1. Background
The Uniform Packaging and Labeling Regulation was first adopted during the 37th Annual Meeting of the National Conference on Weights and Measures in 1952. Reporting to the Conference, the Committee on Legislation stated:
The National Conference should adopt a model package regulation for the guidance of those States authorized to adopt such a regulation under provisions of their weights and measures laws. Since so much of the work of weights and measures officials in the package field concerns food products, the importance of uniformity between the Federal Food and Drug Administration's regulations and any model regulations to be adopted by this Conference cannot be overemphasized.
Since its inception, the Uniform Packaging and Labeling Regulation has been continually revised to meet the complexities of an enormous expansion in the packaging industry--an expansion that, in late 1966, brought about the passage of the Fair Packaging and Labeling Act (FPLA). Recognizing the need for compatibility with the Federal Act, the Committee on Laws and Regulations of the 53rd Annual Meeting of the National Conference in 1968 amended the "Model Packaging and Labeling Regulation" (renamed in 1983) to parallel regulations adopted by Federal agencies under FPLA. The process of amending and revising this Regulation is a continuing one in order to keep it current with practices in the packaging field and make it compatible with appropriate Federal regulations. Amendments and additions since 1971 are noted at the end of each section.
The revision of 1978 provided for the use of the International System of Units (SI), the metric system, on labels as well as allowing SI-only labels for those commodities not covered by Federal laws or regulations. "SI" means the International System of Units as established in 1960 by the General Conference on Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce. [See Metric Conversion Act of 1975 (Public Law 94-168, § 3(1) and § 4(4), and NIST Special Publication 814 - Metric System of Measurement; Interpretation of the International System of Units for the United States, or the Federal Register of December 20, 1990, (FR 90-21913) or subsequent revisions.] In 1988, Congress amended the Metric Conversion Act of 1975 (see § 5146 of Public Law 100-418) to declare that it is the policy of the United States to designate the International System of Units of measurement as the preferred system of weights and measures for U.S. trade and commerce. In 1992, Congress amended the Federal Fair Packaging and Labeling Act (FPLA) to require the most appropriate units of the SI and the customary inch-pound systems of measurement on certain consumer commodities. The 1993 amendments to NIST Handbook 130 require SI and inch-pound units on certain consumer commodities in accordance with Federal laws or regulations. Requirements for labeling in both units of measure are effective February 14, 1994, under FPLA and as specified in § 15 Effective Date; except as specified in § 11.32. SI Units, Exemptions for Consumer Commodities. SI-only labeling is not permitted on consumer commodities unless specifically required in this regulation or by Federal law or regulation.
Nothing contained in this regulation should be construed to supersede any labeling requirement specified in Federal law or to require the use of SI units on nonconsumer packages.
2. Status of Promulgation
The table beginning on page 8 shows the status of adoption of the Uniform Packaging and Labeling Regulation.
*The National Conference on Weights and Measures is supported by the National Institute of Standards and Technology in partial implementation of its statutory responsibility for "cooperation with the States in securing uniformity in weights and measures laws and methods of inspection."
| Preamble | |
| 1. | Application |
| 2. | Definitions |
| 2.1. | Package. |
| 2.2. | Consumer Package: Package of Consumer Commodity. |
| 2.3. | Nonconsumer Package: Package of Nonconsumer Commodity. |
| 2.4. | Random Package. |
| 2.5. | Label. |
| 2.6. | Person. |
| 2.7. | Principal Display Panel or Panels. |
| 2.8. | Multi-Unit Package. |
| 2.9. | Combination Package. |
| 2.10. | Variety Package. |
| 2.11. | Petroleum Products. |
| 2.12. | Spot Label. |
| 2.13. | Header Strip. |
| 2.14. | Standard Package. |
| 2.15. | SI or SI Units. |
| 3. | Declaration of Identity: Consumer Package |
| 3.1. | Declaration of Identity: Consumer Package. |
| 3.1.1. | Parallel Identity Declaration: Consumer Package. |
| 4. | Declaration of Identity: Nonconsumer Package |
| 5. | Declaration of Responsibility: Consumer and Nonconsumer Packages |
| 6. | Declaration of Quantity: Consumer Packages |
| 6.1. | General. |
| 6.2. | Largest Whole Unit. |
| 6.3. | Net Quantity. |
| 6.3.1. | Use of "Net Mass" or "Net Weight." |
| 6.3.2. | Lines of Print or Type. |
| 6.4. | Terms: Weight, Liquid Measure, Dry Measure, or Count. |
| 6.4.1. | Combination Declaration. |
| 6.5. | SI Units: Mass, Measure |
| 6.5.1. | Symbols. |
| 6.5.2. | Fractions and Prefixes |
| 6.6. | Prescribed Units, SI. |
| 6.6.1. | Less than 1 Meter, 1 Square Meter, 1 Kilogram, 1 Cubic Meter, or 1 Liter. |
| 6.6.2. | One Meter, 1 Square Meter, 1 Kilogram, 1 Liter, 1 Cubic Meter, or More. |
| 6.7. | Inch-Pound Units: Weight, Measure. |
| 6.7.1. | Symbols and Abbreviations. |
| 6.7.2. | Units of Two or More Meanings. |
| 6.8. | Prescribed Units, Inch-Pound System |
| 6.8.1. | Less than 1 Foot, 1 Square Foot, 1 Pound, or 1 Pint. |
| 6.8.2. | 1 Foot, 1 Square Foot, 1 Pound, 1 Pint, 1 Gallon or More. |
| 6.9. | Bidimensional Commodities |
| 6.10. | Count: Ply. |
| 6.11. | Fractions |
| 6.12. | Supplementary Quantity Declarations. |
| 6.13. | Rounding |
| 6.14. | Qualification of Declaration Prohibited. |
| 6.15. | Character of Declaration: Average. |
| 6.16. | Random Packages. |
| 7. | Declaration of Quantity: Nonconsumer Packages |
| 7.1. | General. |
| 7.2. | Location. |
| 7.3. | Terms: Weight, Liquid Measure, Dry Measure, or Count. |
| 7.4. | SI Units: Mass, Measure. |
| 7.4.1. | Symbols |
| 7.5. | Inch-Pound Units: Weight, Measure. |
| 7.5.1. | Symbols and Abbreviations. |
| 7.6. | Character of Declaration: Average. |
| 8. | Prominence and Placement: Consumer Packages |
| 8.1. | General. |
| 8.1.3. | Color Contrast. |
| 8.1.4. | Free Area. |
| 8.1.5. | Parallel Quantity Declaration. |
| 8.2. | Calculation of Area of Principal Display Panel for Purposes of Type Size. |
| 8.2.1. | Minimum Height of Numbers and Letters. |
| 8.2.2. | Numbers and Letters: Proportion. |
| 9. | Prominence and Placement: Nonconsumer Packages |
| 9.1. | General. |
| 10. | Requirements: Specific Consumer Commodities, Nonconsumer Commodities, Packages, Containers |
| 10.1. | Display Card Package. |
| 10.2. | Eggs. |
| 10.3. | Aerosols and Similar Pressurized Containers. |
| 10.4. | Multi-Unit Packages. |
| 10.5. | Combination Packages. |
| 10.6. | Variety Packages. |
| 10.7. | Cylindrical Containers. |
| 10.8. | Measurement of Container-Type Commodities, How Expressed |
| 10.8.1. | General |
| 10.8.2. | Capacity |
| 10.8.3. | Terms |
| 10.9. | Textile Products, Threads, and Yarns |
| 10.9.1. | Wearing Apparel. |
| 10.9.2. | Textiles. |
| 10.9.3. | Sewing Threads, Handicraft Threads, and Yarns. |
| 10.10. | Packaged Seed. |
| 10.11. | Statements of Cubic Measure in Compressed Form. |
| 11. | Exemptions |
| 11.1. | Random Packages. |
| 11.2. | Small Confections. |
| 11.3. | Small Packages of Meat or Meat Products |
| 11.4. | Individual Servings. |
| 11.5. | Cuts, Plugs, and Twists of Tobacco and Cigars. |
| 11.6. | Reusable (Returnable) Glass Containers. |
| 11.7. | Cigarettes and Small Cigars. |
| 11.8. | Packaged Commodities with Labeling Requirements Specified in Federal Law. |
| 11.9. | Fluid Dairy Products, Ice Cream, and Similar Frozen Desserts. |
| 11.10. | Single Strength and Less than Single Strength Fruit Juice Beverages, Imitations thereof, and Drinking Water. |
| 11.11. | Soft-Drink Bottles. |
| 11.12. | Multi-Unit Soft-Drink Packages. |
| 11.13. | Butter. |
| 11.14. | Eggs. |
| 11.15. | Flour. |
| 11.16. | Small Packages. |
| 11.17. | Decorative Containers. |
| 11.18. | Combination and Variety Packages |
| 11.19. | Margarine |
| 11.20. | Corn Flour and Corn Meal |
| 11.21. | Prescription and Insulin-Containing Drugs. |
| 11.22. | Camera Film, Video Recording Tape, Audio Recording Tape and Other Image and Audio Recording Media Intended for Retail Sale and Consumer Use. |
| 11.23. | Tint Base Paint |
| 11.24. | Motor Oil in Cans. |
| 11.25. | Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar Products. |
| 11.26. | Commodities' Variable Weights and Sizes. |
| 11.27. | Packaged Commodities Sold by Count. |
| 11.28. | Textile Packages. |
| 11.29. | Spot Label. |
| 11.30. | Header Strip. |
| 11.31. | Decorative Wallcovering Borders. |
| 11.32. | SI Units, Exemptions - Consumer Commodities. |
| 11.33. | Inch-Pound Units, Exemptions - Consumer Commodities. |
| 12. | Variations to be Allowed |
| 12.1. | Packaging Variations |
| 12.1.1. | Variations from Declared Net Quantity. |
| 12.1.2. | Variations Resulting from Exposure. |
| 12.2. | Magnitude of Permitted Variations. |
| 13. | Retail Sale Price Representations |
| 13.1. | "Cents-off" Representations |
| 13.2. | Introductory Offers. |
| 13.3. | Economy Size |
| 14. | Revocation of Conflicting Regulations |
| 15. | Effective Date |
| UPLR Appendix A: SI/Inch-Pound Conversion Factors | |
The purpose of this regulation is to provide accurate and adequate information on packages as to
the identity and quantity of contents so that purchasers can make price and quantity comparisons.
(Added 1989)
This regulation shall apply to packages, but shall not apply to:
(a) inner wrappings not intended to be individually sold to the
customer;
(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);
(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 regulation; or
(f) packages intended for export to foreign countries.
2.1. Package. - - Except as modified by § 1. Application, the
term "package," whether standard package or random package, means any commodity:
(a) enclosed in a container or wrapped in any manner in advance of
wholesale or retail sale, or
(b) whose weight (Note 1 see page 50) or measure has
been determined in advance of wholesale or retail sale. An individual item or lot of any
commodity on which there is marked a selling price based on an established price per unit of
weight or of measure shall be considered a package or packages.
NOTE 1: When used in this regulation, the term
"weight" means "mass." (See paragraph I. in Section I., Introduction, of NIST Handbook 130 for
an explanation of these terms.)
2.2. Consumer Package: Package of Consumer Commodity. - - A
package that is customarily produced or distributed for sale through retail sales agencies or
instrumentalities for consumption 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.
2.3. Nonconsumer Package: Package of Nonconsumer Commodity.
- - Any package other than a consumer package, and particularly a package intended solely for
industrial or institutional use or for wholesale distribution.
2.4. Random Package. - - A package that is one of a lot, shipment, or
delivery of packages of the same consumer commodity with no fixed pattern of net contents.
2.5. Label. - - 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 nonpromotional matter affixed
to or appearing upon a consumer commodity shall not be considered a label requiring the
repetition of label information required by this regulation.
2.6. Person. - - The term "person" means either singular or plural and
shall include any individual, partnership, company, corporation, association, or society.
2.7. Principal Display Panel or Panels. - - That part, or those parts, of
a label that is, or are, so designed as to most likely be displayed, 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."
2.8. Multi-Unit Package. - - A package containing two or more
individual packages of the same commodity, in the same quantity, intended to be sold as a
multi-unit package, but where the component packages are labeled individually in full
compliance with all requirements of this regulation.
2.9. Combination Package. - - A package intended for retail sale,
containing two or more individual packages or units of dissimilar commodities. (Examples: an
antiquing or housecleaning kit; sponge and cleaner; lighter fluid and flints.)
2.10. Variety Package. - - A package intended for retail sale,
containing two or more individual packages or units of similar, but not identical, commodities.
Commodities that are generically the same, but that differ in weight, measure, volume,
appearance, or quality, are considered similar but not identical. (Examples: 2 sponges of
different sizes; plastic tableware, consisting of 4 spoons, 4 knives, and 4 forks.)
2.11. Petroleum Products. - - Gasoline, diesel fuel, kerosene, or any
product (whether or not such a product is actually derived from naturally occurring hydrocarbon
mixtures known as "petroleum") commonly used in powering, lubricating, or idling engines or
other devices, or is labeled as fuel to power camping stoves or lights. Therefore, sewing machine
lubricant, camping fuels, and synthetic motor oil are "petroleum products" for the purposes of
this regulation. Brake fluid, copier machine dispersant, antifreeze, cleaning solvents, and alcohol
are not "petroleum products."
2.12. Spot Label. - - A spot label is a label clearly defined by means of
a border, indentation, or other means that covers only a small portion of the surface of a principal
display panel of a package; the entire portion of the principal display panel outside the area of the
label contains no printed or graphic matter of any kind. A spot label may contain all required
labeling information (identity, responsibility, and net contents), but it must at least indicate the
identity and net contents. See § 11.29. for net contents placement exemption for a spot
label. Also see figure 1.
2.13. Header Strip. - - A header label or header strip is a label that is
attached across the top of a transparent or opaque bag or other container that bears no other
printed or graphic material. See § 11.30. for net contents placement exemptions. Also see
figure 2.
2.14. Standard Package. - - A package that is one of a lot, shipment, or
delivery of packages of the same commodity with identical net contents declarations; for
example, l L bottles or 12 fl oz cans of carbonated soda, 500 g or 5 lb bags of sugar, or 100 m
packages of rope.
2.15. SI or SI Units. - - "SI" or "SI Units" means the International
System of Units as established in 1960 by the General Conference on Weights and Measures and
interpreted or modified for the United States by the Secretary of Commerce. [See Metric
Conversion Act of 1975 (Public Law 94-168, § 3(1) and § 4(4), and NIST Special
Publication 814 - Metric System of Measurement; Interpretation of the International System of
Units for the United States or Federal Register of December 20, 1990 (FR 90-21913)].
3.1. Declaration of Identity: Consumer Package. - - A separate
declaration of identity [NOTE 2, see page 52] on a consumer package shall
appear on the principal display panel and shall not be misleading or deceptive. The identity
shall be in terms of:
(a) the name specified in or required by any applicable Federal or
State law or regulation or, in the absence of this,
(b) the common or usual name or, in the absence of this,
(c) the generic name or other appropriate description, including a
statement of function (such as "cleaning powder").
NOTE 2: Section 19.(a) of the Uniform Weights
and Measures Law (and 21 CFR 101.100 (b) (3) for non-meat and non-poultry foods) specifically
exempts food packages from identity statements if the commodity is a food, other than
meat or poultry, that was repackaged in a retail establishment and the food is displayed to the
purchaser under either of the following circumstances: (1) its interstate labeling is clearly in view
or with a counter card, sign or other appropriate device bearing prominently and conspicuously
the common or usual name of the food or (2) the common or usual name of the food is clearly
revealed by its appearance."
3.1.1. Parallel Identity Declaration: Consumer Package. - - A
declaration of the identity on a consumer package shall appear generally parallel to the base on
which the package rests as it is designed to be displayed.
A declaration of identity [NOTE 2, see page 52] on a nonconsumer package shall
appear on the outside of a package and shall not be misleading or deceptive. The identity shall
be in terms of:
(a) the name specified in or required by any applicable Federal or
State law or regulation or, in the absence of this,
(b) the common or usual name or, in the absence of this,
(c) the generic name or other appropriate description, including a
statement of function (such as "cleaning powder").
(Added 1971)
(Amended 1994 and 1998)
(Amended 1988, 1991)
(Amended 1988, 1991)
(Amended 1988, 1991)
(Amended 1988, 1990)
(Amended 1988)
(Amended 1988)
(Amended 1988)
(Amended 1988)
(Added 1989)
(Added 1989)
(Added 1987; Amended 1988)
(Added 1990; Amended 1991)

(Added 1990)

(Added1991)
(Added 1993)
(Amended 1990; Footnote added 1986)
(Added 1986) (Amended 2001)
(Amended 1990, Note added 1986)
| centimeter | cm | cubic meter | m3 |
| cubic centimeter | cm3 | kilogram | kg |
| meter | m | gram | g |
| milligram | mg | millimeter | mm |
| liter | L or l | square meter | m2 |
| milliliter | mL or ml | cubic decimeter | dm3 |
| square centimeter | cm2 | square decimeter | dm2 |
| micrometer | m |
(a) Symbols [NOTE 4, see page 54], except for liter, are not capitalized unless the unit is derived from a proper name. Periods shall not be used after the symbol. Symbols shall always be written in the singular form. Adding "s" to an SI symbol to express the plural of the symbol is prohibited.
(b) The "L" symbol and the "mL" symbol are preferred; however, the
"l" symbol for liter and "ml" symbol for milliliter are permitted.
(Amended 1980, 1993)
NOTE 4: The "e" mark
shall not be considered to be a qualifying word or phrase and may be used as part of the
statement of the net quantity of contents where warranted. When used, the "e" mark shall be at
least 3 millimeters (approximately 1/8 in) in height. The term "e" mark refers to the symbol "e"
used in connection with the quantity declarations on labels of some consumer commodities
marketed primarily in the European Union (EU). The "e" mark constitutes a representation by
the packer or importer that the package to which it is applied has been filled in accordance with
the average system of quantity specified by the EU. The average system is a method of declaring
package fill in the EU and other countries of the world, including the United States.
(Added 1993)
6.5.2. Fractions and Prefixes. - -
(a) Fractions: An SI statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.
(b) Prefixes: The following chart indicates SI prefixes that may be used on a broad range of consumer commodity labels to form multiples and submultiples of SI units:
| Prefix | Symbol | Multiplying Factor* |
| kilo- k | x | 103 |
| deca-** | da | x 10 |
| deci-** | d | x 10-1 |
| centi-*** | c | x 10-2 |
| milli- | m | x 10-3 |
| micro-**** | µ | x 10-6 |
Thus, 2 kg = 2 x 1000 g = 2000 g and 3 cm = 3 x 0.01 m = 0.03 m
** Not permitted on food labels.
*** Should only be used with "meter."
**** Shall only be used for measurements less than 1 mm.
(Amended 1993)
6.6. Prescribed Units, SI. - - [NOTE 3, see page 53]
6.6.1. Less than 1 Meter, 1 Square Meter, 1 Kilogram, 1 Cubic Meter, or 1 Liter. - The declaration of quantity shall be expressed as follows:
(a) length measure of less than 1 meter: in centimeters or
millimeters;
(Amended 1979)
(b) area measure of less than 1 square meter: in square decimeters and decimal fractions of a square decimeter or in square centimeters and decimal fractions of a square centimeter;
(c) mass of less than 1 kilogram: in grams and decimal fractions of a gram, but if less than 1 gram, then in milligrams;
(d) liquid or dry measure of less than 1 liter: in milliliters;
(e) cubic measure less than 1 cubic meter: in cubic centimeters or
cubic decimeters (liters) [See § 10.14. Cubic Measure in Compressed Form];
(Added 1993)
provided, the quantity declaration appearing on a random mass package may be
expressed in units of decimal fractions of the largest appropriate unit, the fraction being carried
out to not more than three decimal places.
(Amended 1980, 1993)
6.6.2. One Meter, 1 Square Meter, 1 Kilogram, 1 Liter, 1 Cubic Meter, or More. - - In the case of:
(a) length measure of 1 meter or more: in meters and decimal fractions to not more than three places;
(b) area measure of 1 square meter or more: in square meters and decimal fractions to not more than three places;
(c) mass of 1 kilogram or more: in kilograms and decimal fractions to not more than three places;
(d) liquid or dry measure of 1 liter or more: in liters and decimal
fractions to not more than three places;
(Added 1986; Amended 1993)
(e) cubic measure of 1 cubic meter or more: in cubic meters and
decimal fractions to not more than three places (See § 10.14. Cubic Measure in Compressed
Form).
(Added 1993)
6.7. Inch-Pound Units: Weight, Measure. - - A declaration of quantity:
(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 petroleum products and distilled
spirits, for which the declaration shall express the volume at 60°F, and except also 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 must be maintained in the refrigerated state, for which the declaration shall express the
volume at 40°F, and except also in the case of malt beverages, for which the declaration
shall express the volume at 39.1°F;
(Amended 1985, 1990)
(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 (see § 10.14. Cubic Measure in Compressed Form);
(f) in units of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches, or peck, dry-quart, and dry-pint subdivisions of the bushel (see § 10.14. Cubic Measure in Compressed Form).
6.7.1. Symbols and Abbreviations. - - 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 |
| piece | pc | count | ct |
| pint | pt | cubic | cu |
| pound | lb | each | ea |
| feet or foot | ft | quart | qt |
| fluid | fl | square | sq |
| gallon | gal | weight | wt |
| inch | in | yard | yd |
| liquid | liq | drained | dr |
| diameter | dia |
A period should not be used after the abbreviation. Abbreviations should be written in singular
form; and "s" should not be added to express the plural. (For example, "oz" is the symbol for
both "ounce" and "ounces.") Both upper and lower case letters are acceptable.
(Added 1974; Amended 1980, 1990, 1993)
6.7.2. Units of Two or More Meanings. - - 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 (for example, as in "1 pint 4 ounces"), the proper meaning is obvious.
Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall
include the word "dry."
(Amended 1982)
6.8. Prescribed Units, Inch-Pound System.
6.8.1. Less than 1 Foot, 1 Square Foot, 1 Pound, or 1 Pint. - - The declaration of quantity shall be expressed in the following terms:
(a) in the case of length measure of less than 1 foot, in inches and fractions of inches;
(b) in the case of area measure of less than 1 square foot, in square inches and fractions of square inches;
(c) in the case of weight of less than 1 pound, in ounces and fractions of ounces;
(d) in the case of liquid measure of less than 1 pint, in fluid ounces and fractions of fluid ounces,
provided, the quantity declaration appearing on a random package may be
expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried
out to not more than three decimal places.
(Amended 1984)
6.8.2. 1 Foot, 1 Square Foot, 1 Pound, 1 Pint, 1 Gallon or More. - - The declaration of quantity shall be expressed in the following terms (see § 6.2. Largest Whole Unit and § 6.11. Fractions):
(a) Linear Measure. - - If 1 foot or more, expressed in terms of the largest whole unit (a yard or a foot) with any remainder expressed in inches and fractions of the inch or in fractions of the foot or yard, except that it shall be optional to include a statement of length in terms of inches.
(b) Area Measure. - -
(1) If 1 square foot or more, but less than 4 square feet, expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot;(2) If 4 square feet or more, expressed in terms of the largest whole unit (e.g., square yards or square feet) with any remainder expressed in square inches and fractions of a square inch or in fractions of the square foot or square yard;
(c) Weight. - - If 1 pound or more, expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of an ounce or in fractions of the pound.
(d) Liquid Volume. - -
(1) If 1 pint or more, but less than 1 gallon, expressed in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder expressed in fluid ounces or fractions of the pint or quart, except that 2 quarts may be declared as one-half gallon, and it shall be optional to include an additional expression of net quantity in fluid ounces; or(e) Dry Measure. - If 1 dry pint or more, expressed in terms of the largest whole unit with the remainder expressed in fractions of a dry pint, dry quart, peck, or bushel,(2) If 1 gallon or more, expressed in terms of the largest whole unit (gallons followed by fractions of a gallon or by the next smaller whole unit or units [for example, quarts and pints]) with any remainder expressed in fluid ounces or fractions of the pint or quart, except that it shall be optional to include an additional expression of net quantity in fluid ounces.
provided, the quantity declaration on a random package may be expressed in
decimal fractions of the largest appropriate unit carried out to not more than three decimal places.
(Amended 1993)
6.9. Bidimensional Commodities. - - For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed in both SI and inch-pound units of measurement as follows:
(a) if the area is less than 929 cm2 (1 sq ft), in terms of length and width (expressed in the largest whole unit for SI and in linear inches and fractions of linear inches for inch-pound) [Example: 20.3 cm x 25.4 cm ("8 in x 10 in")];
(b) if the area is at least 929 cm2 (1 sq ft) but less than 37.1 dm2 (4 sq ft), in terms of area (expressed in the largest whole unit for SI and in square inches for inch-pound), followed by a declaration of the length and width in terms of the largest whole unit [Example: "31 dm2 (49 cm x 64 cm) 3.36 sq ft (1.6 ft x 2.1 ft)"], provided:
(1) for bidimensional commodities having a width of 10 cm (4 in) or less, the declaration of net quantity shall be expressed in terms of width and length in linear measure; no declaration of area is required,(c) if the area is 37.1 dm2 (4 sq ft) or more, in terms of area (expressed in the largest whole unit for SI and in square feet for inch-pound), followed by a declaration of the length and width, in terms of the largest whole unit, provided:(2) an inch-pound dimension of less than 2 feet may be stated in inches,
(3) commodities consisting of usable individual units (e.g., paper napkins) require a declaration of unit area but not a declaration of total area of all such units (except roll-type commodities with individual usable units created by perforations, for which see § 6.10. Count: Ply), and
(4) for inch-pound declarations, it shall be optional to include after the statement of the linear dimensions in the largest whole unit a parenthetical declaration of the same dimensions in inches [Example: " 25 sq ft (12 in x 8.33 yd) (12 in x 300 in)"]
(1) no declaration of area is required for a bidimensional commodity with a width of 10 cm (4 in) or less,(d) no declaration of area is required for commodities for which the length and width measurements are critical in terms of end use (such as wallpaper border) if such commodities clearly present the length and width measurements on the label.(2) for bidimensional commodities with a width of 10 cm (4 in) or less, the inch-pound statement of width shall be expressed in terms of linear inches and fractions thereof, and length shall be expressed in the largest whole unit (yard or foot) with any remainder in terms of fractions of the yard or foot, except that it shall be optional to express the length in the largest whole unit followed by a statement of length in inches or to express the length in inches followed by a statement of length in the largest whole unit. [Examples:
"5 cm x 9.14 m (2 in x 10 yd)," or(3) an inch-pound dimension of less than 2 feet may be stated in inches, and
"5 cm x 9.14 m (2 in x 10 yd) (360 in)," or
"5 cm x 9.14 m (2 in x 360 in) (10 yd)"],
6.10. Count: Ply. - - If the commodity is in individually usable units of one or more components or plies, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this regulation, include the number of plies and total number of usable units.
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:
(a) total area measurement,
(b) number of plies,
(c) count of usable units, and
(d) dimensions of a single usable unit.
(Amended 1988)
6.11. Fractions
(a) Inch-Pound: An inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds, except that:
(1) 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(b) Common fractions: A common fraction shall be reduced to its lowest term (Example: 2/4 becomes 1/2).(2) if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.
(c) Decimal fractions: A decimal fraction shall not be carried out to
more than three places.
(Amended 1986, Amended 1993)
6.12. Supplementary Quantity Declarations. - - The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents 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).
6.13. Rounding.[Note 5, see page 58] - - In all
conversions for the purpose of showing an equivalent SI or inch-pound quantity to a rounded
inch-pound or SI quantity, or in calculated values to be declared in the net quantity statement, the
number of significant digits retained must be such that accuracy is neither sacrificed nor
exaggerated. Conversions, the proper use of significant digits, and rounding must be based on the
packer's knowledge of the accuracy of the original measurement that is being converted. In no
case shall rounded net contents declarations overstate a quantity; the packer may round converted
values down to avoid overstating the net contents.
(Amended 1993)
NOTE 5: When as a result of rounding SI or customary inch-pound declarations the resulting declarations are not exact, the largest declaration (either metic or inch-pound) will be used for enforcement purposes to determine whether a package contains at least the declared amount of the product.
6.14. Qualification of Declaration Prohibited. - - In no case shall any
declaration of quantity be qualified by the addition of the words "when packed," "minimum," or
"not less than," or any words of similar import (e.g., "approximately"), nor shall any unit of
weight, measure, or count be qualified by any term (such as "jumbo," "giant," "full," or the like)
that tends to exaggerate the amount of commodity.
(Amended 1998)
6.15. Character of Declaration: Average. - - The average quantity of
contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared
quantity, and no unreasonable shortage in any package shall be permitted even though overages
in other packages in the same shipment, delivery, or lot compensate for such shortage.
(Added 1981)
6.16. Random Packages. - - A random weight package must bear a label conspicuously declaring:
(a) the net weight,
(b) unit price, and
(c) the total price
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.
(Added 1999)
7.1. General. - - The SI 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 combined in a dual declaration of quantity.[NOTE 6, see page
59](See § 6.3. Net Quantity and § 6.3.1. Use of "Net Mass" or "Net Weight.")
NOTE 6: Although nonconsumer packages under
this Regulation may bear SI declarations only, this Regulation should not be construed to
supersede any labeling requirement specified in Federal law.
7.2. 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 (see § 6.2. Largest Whole Unit; for small packages, see § 11.16. Small Packages).
7.3. Terms: Weight, Liquid Measure, Dry Measure, or Count. - - The
declaration of the quantity of a particular commodity shall be expressed in terms of liquid
measure if the commodity is liquid, in terms of dry measure if the commodity is dry, in terms of
weight if 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 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.
7.4. SI Units: Mass, Measure. - - A declaration of quantity:
(a) in units of mass shall be in terms of the kilogram, gram, or
milligram;
(b) in units of liquid measure shall be in terms of the liter or milliliter,
and shall express the volume at 20°C, except in the case of petroleum products or distilled
spirits, for which the declaration shall express the volume at 15.6°C, and except also 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 malt beverages
or a commodity that is normally sold in the refrigerated state, for which the declaration shall
express the volume at 4 C;
(c) in units of linear measure shall be in terms of the meter,
centimeter, or millimeter;
(d) in units of area measure shall be in terms of the square meter,
square decimeter, square centimeter or square millimeter;
(e) in units of volume other than liquid measure shall be in terms of
the liter and milliliter, except that the terms cubic meter, cubic decimeter and cubic centimeter
will be used only when specifically designated as a method of sale.
(f) Rule of 1000. - - The selected multiple or submultiple prefixes for SI
units shall result in numerical values between 1 and 1000. This rule allows centimeters or
millimeters to be used where a length declaration is less than 100 centimeters. For example: 500
g, not 0.5 kg; 1.96 kg, not 1960 g; 750 mL, not 0.75 L; or 750 mm or 75 cm, not 0.75 m;
(g) SI declarations should be shown in three digits except where the
quantity is below 100 grams, milliliters, centimeters, square centimeters, or cubic centimeters
where it can be shown in two digits. In either case, any final zero appearing to the right of the
decimal point need not be shown.
(h) The declaration of net quantity of contents shall not be expressed
in mixed units. For example: 1.5 kg, not 1 kg 500 g.
7.4.1. Symbols. - - Only those symbols as detailed in § 6.5.1.
Symbols, and none other, may be employed in the quantity statement on a package of
commodity.
7.5. Inch-Pound Units: Weight, Measure. - - A declaration of quantity:
(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 petroleum products or distilled
spirits, for which the declaration shall express the volume at 60°F, and except also 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, and except also in the case of malt beverages, for which the declaration
shall express the volume at 39.1°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.
7.5.1. 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. (For commonly accepted symbols and abbreviations, see § 6.7.1. Symbols and
Abbreviations.)
7.6. Character of Declaration: Average. - - The average quantity of
contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared
quantity, and no unreasonable shortage in any package shall be permitted, even though overages
in other packages in the same shipment, delivery, or lot compensate for such shortage.
8.1. General. - - All information required to appear on a consumer
package shall appear thereon in the English language and shall be prominent, definite, plain, and
conspicuous as to size and style of letters and numbers and as to color of letters and numbers in
contrast to color of background. Any required information that is either in hand lettering
or hand script shall be entirely clear and equal to printing in legibility.
8.1.1. Location. - - The declaration or 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, see also § 10.7. for additional requirements. For small
packages, see § 11.16.
8.1.2. Style of Type or Lettering. - - The declaration or declarations of
quantity shall be in such a style of type or lettering as to be 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.
8.1.3. Color Contrast. - - The declaration or declarations of quantity
shall be in a color that contrasts conspicuously with its background, except that a declaration of
net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be
presented in a contrasting color if no required label information is on the surface in a contrasting
color.
8.1.4. Free Area. - - The area surrounding the quantity declaration
shall be free of printed information:
(a) above and below, by a space 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.
8.1.5. Parallel Quantity Declaration. - - 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.
8.2. Calculation of Area of Principal Display Panel for Purposes of Type
Size. - - The area of the principal display panel shall be:
(a) in the case of a rectangular container, one entire side that properly
can be considered to be the principal display panel, the product of the height times the width of
that side;
For figure 3, the area of the principal display panel is 20 cm (8 in) x 15 cm (6 in) = 300
cm2 (48 sq in)
(b) in the case of cylindrical or nearly cylindrical container, 40 percent
of the product of the height of the container times the circumference;
For figure 4 the area of the principal display panel is: 25 cm (10 in) x 5 cm (2 in) = 125 cm (20
sq in) x 0.40 = 50 cm2 (8 sq in) (see also § 10.7. Cylindrical Containers).
The area of the principal display panel is the same in both examples. The declaration of net
quantity of contents must be of the same height in both cases. It is not the size of the label that is
used to determine the minimum type size of the quantity statement but the size of the surface of
the package exposed to view to the customer. The package on the right side of the figure has a
spot label (see § 2.12. and § 11.29).
(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.
8.2.1. Minimum Height of Numbers and Letters. - - The height of any
letter or number in the required quantity declaration shall be not 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. When upper and lower case or all lowercase letters
are used in SI symbols, it is the uppercase "L," lowercase "d," or their equivalent in the print or
type that shall meet the minimum height requirement. However, no letter shall be less than 1.6
mm (1/16 in) in height. Other letters and exponents must be presented in the same type style and
in proportion to the type size used.
8.2.2. Numbers and Letters: Proportion. - - No number or letter shall
be more than three times as high as it is wide.
9.1. General. - - 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.
(Title amended 1979)
10.1. Display Card Package. - - 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.
10.2. Eggs. - - 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.
10.3. Aerosols and Similar Pressurized Containers. - - 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.
10.4. Multi-Unit Packages.[NOTE 7, see page 62] - -
Any package containing more than one individual "commodity in package form" (see § 2.1.
Package) 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.
[Example: Soap bars, "6 Bars, Net Wt 100 g (3.53 oz) each; Total Net Wt 600 g (1.32 lb)"]
The term "total" or the phrase "total contents" may precede the quantity declaration.
A multi-unit package containing unlabeled individual packages which are not intended for retail
sale separate from the multi-unit package may contain, in lieu of the requirements of section (a),
a declaration of quantity of contents expressing the total quantity of the multi-unit package
without regard for inner packaging. For such multi-unit packages it shall be optional to include a
statement of the number of individual packages when such a statement is not otherwise required
by the regulations.
Examples: Deodorant Cakes: "5 Cakes, Net Wt 113 g (4 oz) each,
Total Net Wt 566 g (1.25 lb)" or "5 Cakes, Total Net Wt 566 g (1 lb 4 oz)"
Soap Packets: "10 Packets, Net Wt 56.6 g (2 oz) each, Total Net Wt 566 g (1.25 lb)" or "Net Wt
566 g (1 lb 4 oz)" or "10 Packets, Total Net Wt 566 g (1 lb 4 oz)"
NOTE 7: For foods, a "multi-unit" package means
a package containing two or more individually packaged units of the identical commodity in the
same quantity, intended to be sold as part of the multi-unit package but labeled to be individually
sold in full compliance with this regulation. Open multi-unit retail food packages under
the authority of the Food and Drug Administration or the U.S. Department of Agriculture that do
not obscure the number of units or prevent examination of the labeling on each of the individual
units are not required to declare the number of individual units or the total quantity of contents of
the multi-unit package if the labeling of each individual unit complies with requirements so that
it is capable of being sold individually. (See also § 11.11. Soft-Drink Bottles and 11.12.
Multi-Unit Soft-Drink Bottles)
10.5. Combination Packages. - - A combination package is a package
intended for retail sale, containing two or more individual packages or units of dissimilar
commodities. The declaration of net quantity for a combination package shall contain an
expression of weight, volume, measure, or count or a combination thereof, as appropriate, for
each individual package or unit, provided the quantity statements for identical
packages or units shall be combined. This section does not apply to food or other commodities
subject to the Federal Food, Drug, and Cosmetic Act (21 USC).
Examples:
(1) Lighter Fluid and Flints:
2 cans - lighter fluid - each 236 mL (8 fl oz)
(2) Sponges and Cleaner:
2 sponges - each 10 cm x 15 cm x 2.5 cm
(3) Picnic Pack:
20 spoons, 10 knives, and 10 forks
10.6. Variety Packages. - - A variety package is a package intended
for retail sale, containing two or more individual packages or units of similar but not identical
commodities. Commodities that are generically the same but that differ in weight, measure,
volume, appearance, or quality are considered similar but not identical. This section does
not apply to foods or other commodities subject to the Federal Food, Drug, and Cosmetic Act (21
USC). The declaration of net quantity for a variety package will be expressed as follows:
(2) The total quantity by weight, volume, measure, and count, as
appropriate, of the variety package. The statement of total quantity shall appear as the last item
in the declaration of net quantity and shall not be of greater prominence than other terms used.
(1) 11 Sponges 11 cm x 20.3 cm x 1.9 cm (4 in x 8 in x 3/4 in)
Total: 25 Sponges
(2) 2 Soap Bars 85 g (3 oz) ea
Total: 3 Soap Bars 312 g (11 oz)
(3) Liquid Shoe Polish
(4) Picnic Ware
When individual units in a variety package are either packaged or labeled and are intended for
retail sale as individual units, each unit shall be labeled in compliance with the applicable
sections of this regulation.
10.7. Cylindrical Containers. - - 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.
10.8. Measurement of Container-Type Commodities, How Expressed
10.8.1. General. - - 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) For bag-type commodities, in terms of count followed by linear
dimensions of the bag (whether packaged in a perforated roll or otherwise). The linear
dimensions shall be expressed:
(2) in inch-pound units: in inches, except that a dimension of 2 feet or
more will be expressed in feet with any remainder in terms of inches or common or decimal
fractions of the foot.
(c) When the unit bag is gusseted, the dimensions will be expressed as
width, depth, and length. [Examples: "25 Bags, 43 cm x 10 cm x 50 cm (17 in x 4 in x 20 in)" or
"100 Bags, 50.8 cm x 30.4 cm x 76.2 cm (20 in x 12 in x 2-1/2 ft)"]
(d) For other square, oblong, rectangular, or similarly shaped
containers, in terms of count followed by length, width, and depth, except depth need not be
listed when less than 5 centimeters or 2 inches. The linear dimensions shall be expressed as
specified in § 10.8.1.(a). [Example for bag-type commodities: "2 pans, 20 cm x 20 cm (8 in
x 8 in)"]
(e) For circular or other generally round-shaped containers, except
cups and the like, in terms of count followed by diameter and depth, except depth need not be
listed when less than 5 centimeters or 2 inches. [Example: "4 pans, 20 cm (8 in) diameter x 10
cm (4 in)"]
(f) Cups - 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.
[Example: "24 Cups, 177 mL (6 fl oz) capacity"]
10.8.2. Capacity. - - When the functional use of the container is related
by label references 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) In SI units: in terms of volume for all containers and liners. The
expressed capacity will be stated in terms of milliliters, except that a quantity of 1 liter or more
shall be expressed in liters with the remainder in terms of decimal fractions of the liter; and
(b) In inch-pound units:
(2) In terms of dry measure for containers that 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 common or decimal fractions of that unit. [Example: Leaf Bags -
"8 bags, 211L capacity, 1.21 m x 1.52 m (6 bu capacity, 4 ft x 5 ft)"]
(3) 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. [Example: Garbage Can Liners - "10 Liners, 76.2 cm x 93.9 cm, fits up to 113-L cans
(2 ft 6 in x 3 ft 1 in, fits up to 30-gal cans)"]
10.9. Textile Products, Threads, and Yarns
10.9.1. Wearing Apparel. - - Wearing apparel (including nontextile
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 net quantity statement by count, as required by § 6.4.
Terms: Weight, Liquid Measure, Dry Measure, or Count of this regulation.
10.9.2. Textiles. - - Bedsheets, blankets, pillowcases, comforters,
quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs,
tablecloths and napkins, flags, curtains, drapes, dishtowels, dish cloths, towels, face cloths, utility
cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular
diapers, slip covers, etc., shall be exempt from the requirements of § 6.9. Bidimensional
Commodities of this regulation, provided:
(a) The quantity statement for fitted sheets and mattress covers shall
state, in centimeters and inches, the length and width of the mattress for which the item is
designed and the size designation of the mattress if the item is intended to fit a mattress identified
as "twin," "double," "queen," "king," "California king," etc. [Example: "Double sheet for 137 cm
x 190 cm (54 in x 75 in) mattress".]
(b) The quantity statement for flat sheets shall state, in centimeters
and inches, the length and width of the mattress for which the sheet is designed, followed in
parentheses by a statement, in centimeters and inches, of the length and width of the finished
sheet. The quantity statement shall also state the size designation of the mattress for which the
sheet is designed, such as "twin," "double," "queen," "king," "California king" if the item is
intended to fit such a mattress. [Example: "Twin Flat Sheet for 99 cm x 190 cm (39 in x 75 in)
mattress 167 cm x 244 cm (66 in x 96 in) finished size".]
(c) The quantity statement for pillowcases shall state, in centimeters
and inches, the length and width of the pillow for which the pillowcase is designed, followed in
parentheses by a statement, in centimeters and inches of the length and width of the finished
pillowcase. The quantity statement for pillowcases shall also state the size designation of the
pillow for which the pillowcase is designed, e.g., "youth," "standard," "queen," etc., if the item is
intended to fit such pillows. [Example: "Standard Pillowcase for 51 cm x 66 cm (20 in x 26 in)
pillow, 51 cm x 76 cm (20 in x 30 in) in finished size".]
(d) The quantity statement for blankets, comforters, quilts,
bedspreads, mattress pads, afghans, and throws shall state, in centimeters and inches, the length
and width of the finished item. The quantity statement shall also state the length of any
ornamentation and the size designation of the mattress for which the item is designed, if it
is intended to fit, for example, a "twin," "double," "queen," "king," or "California King," etc.,
mattress.
(e) The quantity statement for tablecloths and napkins shall state, in
centimeters and inches, the length and width of the finished item. The quantity statement also
may state parenthetically, in centimeters and inches, the length and width of the item before
hemming and be properly identified as such.
(f) The quantity statement for curtains, drapes, flags, furniture scarfs,
etc., shall state, in centimeters and inches, the length and width of the finished item. The
quantity statement also may state parenthetically, in centimeters and inches, the length of any
ornamentation.
(g) The quantity statement for carpets and rugs shall state, in meters
and feet, with any remainder in decimal fractions of the meter for SI sizes or common or decimal
fractions of the foot or in inches for inch-pound sizes, the length and width of the item. The
quantity statement also may state parenthetically, in centimeters and inches, the length of any
ornamentation.
(h) The quantity statement for woven dish towels, dish cloths, towels,
face cloths, utility cloths, bath mats, etc., shall state, in centimeters and 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 appliance covers, slip covers, non-rectangular diapers, 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) through (h) shall state the geometric shape of the product and the
dimensions that are customarily used in describing such geometric shape. [Examples: "Round
scarf 190 cm (74 in) in diameter;" "Oval Tablecloth 177 cm x 254 cm (70 in x 100 in)"
representing the maximum 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.
10.9.3. Sewing Threads, Handicraft Threads, and Yarns. - - Sewing
and handicraft threads shall be labeled as follows:
(a) The net quantity for sewing and handicraft threads shall be
expressed in terms of meters and yards.
(b) The net quantity statement for yarns shall be expressed in terms of
mass or weight.
(c) Thread products may, in lieu of name and address, bear a
trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or
distributor provided such marks are filed with the Director.
(d) Each unit of industrial thread shall be marked to show its net
length in terms of meters and yards or its net weight in terms of kilograms or grams and
avoirdupois pounds or ounces, except that ready-wound bobbins that are not sold separately shall
not be required to be individually marked to show the number of bobbins contained therein and
the net meters and yards of thread on each bobbin.
10.10. Packaged Seed. - - Packages of seeds intended for planting
with net contents of less than 225 grams or 8 ounces shall be labeled in full accord with this
regulation except as follows:
(a) The quantity statement shall appear in the upper 30 percent of the
principal display panel.
(b) The quantity statement shall be in terms of:
(2) in grams and ounces for all other packages with weights less than
225 grams or 8 ounces.
10.11. Statements of Cubic Measure in Compressed Form. When the
content declaration on a commodity sold in compressed form is stated in terms of cubic measure,
an additional statement may indicate the amount of material from which the final product was
compressed. The amount in such statement shall not exceed the actual amount of material that
can be recovered.
NOTE 8: Section 11. Exemptions includes several
requirements that refer only to the historic use of inch-pound units or are direct restatements of
exemptions contained in Federal Laws or regulations which do not include SI units. SI
equivalents are omitted in most of these requirements because the SI units would not be
meaningful or useful.
11.1. Random Packages. - - A random package bearing a label
conspicuously declaring:
(a) the net weight,
(b) unit price, and
(c) the total price
shall be exempt from the SI units, type size, location, and free area requirements of this
regulation. 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.
This section shall also apply to uniform weight packages of fresh fruit or vegetables labeled by
count, in the same manner and by the same type of equipment as random packages exempted by
this section, and cheese and cheese products labeled in the same manner and by the same type of
equipment as random packages exempted by this section.
11.1.1 Indirect Sale of Random Packages. - - A random package
manufactured or produced and offered for indirect sale (e.g., e-commerce, on-line, phone, fax,
catalog, and similar methods) shall be exempt from the labeling requirements of:
(a) unit price
(b) total price
when the following requirements are met:
At the time of the delivery, each package need only bear a statement of net weight, provided that:
(a) The unit price is set forth and established in the initial product offering;
(b) The maximum possible net weight, unit price, and maximum possible price are provided to
the customer by order confirmation when the product is ordered; and
(c) When the product is delivered, the customer receives a receipt bearing the following
information: identity, declared net weight, unit price, and the total price.
Indirect Sales: For the purpose of Section 11.1.1., "Indirect sales" include all forms of sales
where the customer is not physically present at the time and location of product selection and
order. Examples of such indirect methods include, without limitation, Internet or on-line sales,
sales conducted by telephone or facsimile, and catalog sales.
11.2. Small Confections. - - Individually wrapped pieces of "penny
candy" and other confectionery of less than 15 grams or 1/2 ounce net weight per individual
piece shall be exempt from the labeling requirements of this regulation when the container in
which such confectionery is shipped is in conformance with the labeling requirements of this
regulation. Similarly, when such confectionery items are sold in bags or boxes, such items shall
be exempt from the labeling requirements of this regulation, including the required declaration of
net quantity of contents, when the declaration of the bag or box meets the requirements of this
regulation.
11.3. Small Packages of Meat or Meat Products. - - Individually
wrapped and labeled packages of meat or meat products of less than 15 grams or 1/2-ounce net
weight, which are in a shipping container, need not bear a statement of the net quantity of
contents when the statement of the net quantity of contents on the shipping container is
in conformance with the labeling requirements of this regulation.
11.4. Individual Servings. - - Individual serving-size packages of
foods containing less than 15 grams or « 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 regulation.
11.5. Cuts, Plugs, and Twists of Tobacco and Cigars. - - 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 regulation, such individual cuts,
plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.
11.6. Reusable (Returnable) Glass Containers. - - Nothing in this
Regulation shall be deemed to preclude the continued use of reusable (returnable) glass
containers, provided such glass containers ordered after the effective date
of this regulation shall conform to all requirements of this regulation.
11.7. Cigarettes and Small Cigars. - - Cartons of cigarettes and small
cigars, containing ten individual packages of twenty, labeled in accordance with the requirements
of this regulation shall be exempt from the requirements set forth in § 8.1.1. Location,
§ 8.2.1. Minimum Height of Numbers and Letters, and § 10.4. Multi-Unit Packages,
provided such cartons bear a declaration of the net quantity of commodity in the
package.
11.8. Packaged Commodities with Labeling Requirements Specified in Federal
Law. - - Packages of meat and meat products, poultry products, tobacco and
tobacco products, pesticides, and alcoholic beverages shall be exempt from those portions of
these regulations specifying location and minimum type size of the net quantity declaration,
provided quantity labeling requirements for such products are specified in Federal
Law so as to follow reasonably sound principles of providing consumer information. (See also
§ 11.32. SI Units, Exemptions - Comsumer Commodities.)
11.9. 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 « gallon, respectively.
(b) When measured by and packaged in measure containers as defined
in "Measure Container Code of National Institute of Standards and Technology Handbook 44,"
are exempt from the requirements of § 8.1.1. Location that the declaration of net contents
be located within the bottom 30 percent of the principal display panel.
(c) Milk and milk products when measured by and packaged in glass
or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities are exempt
from the placement requirement of § 8.1.1. Location that the declaration of net contents be
located within the bottom 30 percent of the principal display panel, provided 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 that part of the glass or plastic container that is at or above the shoulder
of the container.
11.10. 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-fluid-ounce capacity, are exempt from the requirements of § 6.2.
Largest Whole Unit to the extent that 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 containers of 1/2-pint, 1-pint,
1-quart, 1/2-gallon, and 1-gallon capacities, are exempt from the placement requirements of
§ 8.1.1. Location that the declaration of net contents be located within the bottom 30
percent of the principal display panel, provided other 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 into or permanently applied to that part of
the glass or plastic container that is at or above the shoulder of the container.
11.11. Soft-Drink Bottles. - - 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 regulation
appears only on the bottle closure.
11.12. Multi-Unit Soft-Drink Packages. - - 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) identity when such declaration appears on the individual units and
is not obscured by the multi-unit packaging.
11.13. Butter. - - When packaged in 4-ounce, 8-ounce, and 1-pound
packages with continuous label copy wrapping, butter is exempt from the requirements that the
statement of identity (§ 3.1.1. Parallel Identity Declaration: Consumer Package) and the net
quantity declaration (§ 8.1.5. Parallel Quantity Declaration) be generally parallel to the base
of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the
requirement for location (§ 8.1.1.) of net quantity declaration.
11.14. Eggs. - - Cartons containing 12 eggs shall be exempt from the
requirement for location (§ 8.1.1.) 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 regulation if the undivided carton conforms to all such requirements.
11.15. Flour. - - Packages of wheat flour in conventional 2-, 5-,
10-, 25-, 50-, and 100-pound packages shall be exempt from the requirement in this regulation
for location (§ 8.1.1.) of the net quantity declaration.
11.16. Small Packages. - - On a principal display panel of
32 square centimeters (5 sq in) 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
regulation.
11.17. Decorative Containers. - - The principal display panel of a
cosmetic marketed in a "boudoir-type" container, including decorative cosmetic containers of the
"cartridge," "pill box," "compact," or "pencil" variety, and those with a capacity of 7.4 mL (1/4
oz) 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 regulation.
11.18. Combination and Variety Packages. Combination and variety
packages are exempt from the requirements in this regulation for:
(a) Location (see § 8.1.1.),
(b) Free area (see § 8.1.4.), and
(c) Minimum height of numbers and letters (see § 8.2.1.).
11.19. Margarine. - - Margarine in 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 regulation for location (see § 8.1.1.) of
the net quantity declaration.
11.20. Corn Flour and Corn Meal. - - Corn flour and corn meal
packaged in conventional 5-, 10-, 25-, 50-, and 100-pound bags shall be exempt from the
requirement in this regulation for location (see § 8.1.1.) of the net quantity declaration.
11.21. Prescription and Insulin-Containing Drugs. - - Prescription and
insulin-containing drugs subject to the provisions of § 503(b) (1) or 506 of the Federal
Food, Drug, and Cosmetic Act shall be exempt from the provisions of this regulation.
11.22. Camera Film, Video Recording Tape, Audio Recording Tape and Other
Image and Audio Recording Media Intended for Retail Sale and Consumer Use.
- - Image and audio media packaged and labeled for retail sale are exempt from the net quantity
statement requirements of this regulation that specify how measurement of commodities should
be expressed, provided:
(a) Unexposed or Unrecorded Media. - - The net quantity of contents
of unexposed or unrecorded image and audio media is expressed:
(2) For bulk or movie film, in terms of length (in meters or feet) of
film available for exposure.
(3) For all other image and/or audio media, in terms of length of time
of electronic media available for recording, together with recording and/or playing speed or other
machine settings as necessary. Supplemental information concerning the length of the media
[NOTE 9, see page 69] may be provided.
NOTE 9: Size, length of media, and format
details to ensure interchangeability and other characteristics of audio and imaging media are
available in the applicable American National Standards.
(b) Exposed, Recorded, or Processed Media. -- The net quantity of
contents of exposed or processed film or prerecorded electronic media shall be expressed in
terms of the length of time that is of entertainment value.
"Entertainment value" is defined as that portion of a film, tape, or other media that commences
with the first frame of sound or picture, whichever comes first after the countdown sequence (if
any), and ends with either: (a) the last frame of credits; (b) the last frame of the phrase "The
End;" or (c) the end of sound, whichever is last.
11.23. Tint Base Paint. Tint base paint may be labeled on the
principal display panel in terms of a liter, quart or a gallon, including the addition of colorant
selected by the purchaser, provided the system employed ensures that the purchaser always
obtains a liter, quart or a gallon; and further provided, 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 the contents of the
container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.
Wherever the above conditions cannot be met, 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 regulation.
11.24. Motor Oil in Cans. - - Motor oils when packed in cans bearing
the principal display panel on the body of the container are exempt from the requirements of
§ 3. Declaration of Identity: Consumer Package to the extent that 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 mm or 1/4 in.
11.25. Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar
Products. - - 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 (§ 8.1.1.), size of letters or numbers (§ 8.2.1. and
8.2.2.), free area (§ 8.1.4.), and the declarations of identity and responsibility (§ 3.1.
and 5.), provided declarations of identity, quantity, and responsibility are presented
on a permanently attached label and satisfy the other requirements of this Regulation, and further
provided the information on such permanently attached label be fully observable to
the purchaser.
11.26. Commodities' Variable Weights and Sizes. - - Individual
packaged commodities put up in variable weights and sizes for sale intact and intended to be
weighed and marked with the correct quantity statement prior to or at the point of retail sale are
exempt from the requirements of § 6. Declaration of Quantity: Consumer Packages while
moving in commerce and while held for sale prior to weighing and marking,
provided the outside container bears a label declaration of the total net weight.
11.27. Packaged Commodities Sold by Count.[NOTE 10, see
page 70] - - 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 to the purchaser, such packages shall be labeled in full accord with this
Regulation except that those containing six or less items need not include a statement of
count.
NOTE 10: When the net contents declaration of a
package that may enter interstate commerce includes count, Federal regulations under the Federal
Fair Packaging and Labeling Act provide no exemption from declaring the count unless the count
is one (1).
11.28. Textile Packages. - - Packages of textiles that are required by
§ 6.4.1. to provide a combination declaration stating the quantity of each individual unit and
the count shall be exempt from the requirements in this regulation for:
(a) Location (see § 8.1.1.),
(b) Free area (see § 8.1.4.), and
(c) Minimum height of numbers and letters (see § 8.2.1.).
11.29. Spot Label. - - The declaration of quantity of the contents of a
package is exempt from § 8.1.1. Location requiring the quantity declaration to appear in the
bottom 30 percent of the principal display panel, as long as the declaration of quantity appears in
the lower 30 percent of the spot label. In no case may the size of the spot label be used to
determine the minimum type size; see § 8.2. for this determination.
11.30. Header Strip. - - The declaration of quantity of the contents of a
package is exempt from § 8.1.1. Location requiring the quantity declaration to appear in the
bottom 30 percent of the principal display panel, as long as the declaration of quantity appears in
the lower 30 percent of the header strip or header label. In no case may the size of the header
strip be used to determine the minimum type size; see § 8.2. for this determination.
11.31. Decorative Wallcovering Borders. - - Decorative wallcovering
borders when packaged and labeled for retail sale shall be exempt from the requirements of
§ 6.6.2., 6.8.2., and 6.9. provided the length and width of the border
are presented in terms of the largest whole unit in full accord with the other requirements of the
regulation.
11.32. SI Units, Exemptions - Consumer Commodities. - - The
requirements for statements of quantity in SI units (except for those in § 10.10. Packaged
Seed and § 11.22. Camera Film, Video Recording Tape, Audio Recording Tape and Other
Image and Audio Recording Media Intended for Retail Sale and Consumer Use) in § 6.
Declaration of Quantity: Consumer Packages shall not apply to:
(a) Foods packaged at the retail store level,
(b) Random weight packages (see § 2.4. and § 11.1.),
(c) Package labels printed before February 14, 1994,
(d) Meat and poultry products subject to the Federal Meat or Poultry
Products Inspection Acts,
(e) Tobacco or tobacco products,
(f) Any beverage subject to the Federal Alcohol Administration Act,
(g) Any product subject to the Federal Insecticide, Fungicide, and
Rodenticide Act,
(h) Drugs and cosmetics subject to the Federal Food, Drug and
Cosmetic Act,
(i) Nutrition labeling information.
11.33. Inch-Pound Units, Exemptions - Consumer Commodities. - -
The requirements for statements of quantity in inch-pound units shall not apply to packages that
bear appropriate SI units. This exemption does not apply to foods, drugs, or cosmetics or to
packages subject to regulation by the Federal Trade Commission, meat and poultry products
subject to the Federal Meat or Poultry Products Inspection Acts, and tobacco or tobacco
products.
12.1. Packaging Variations
12.1.1. Variations from Declared Net Quantity. - - 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 current
good manufacturing 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 a 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 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.
12.1.2. Variations Resulting from Exposure. - - 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 intrastate
commerce, provided the phrase "introduced into intrastate 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/her 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 intrastate commerce, exposure variations shall not be
permitted.
12.2. Magnitude of Permitted Variations. - - The magnitude of
variations permitted under § 12., 12.1., 12.1.1., and 12.1.2. Packaging Variations of this
regulation shall be those expressly set forth in this regulation and variations such as those
contained in the procedures and tables of National Institute of Standards and Technology
Handbook 133, "Checking the Net Contents of Packaged Goods."
13.1. "Cents-off" Representations
(a) The term "cents-off representation" means any printed matter
consisting of the words "cents-off" or words of similar import (bonus offer, 2 for 1 sale, 1 ¢
sale, etc.), placed upon any consumer package or placed upon any label affixed or adjacent to
such package, stating or representing by implication that it is being offered for sale at
a price lower than the ordinary and customary retail sale price.
(b) Except as set forth in § 13.2. Introductory Offers, the
packager or labeler of a consumer commodity shall not have imprinted thereon a "cents-off"
representation unless:
(2) The commodity so labeled is sold at a reduction from the ordinary
and customary price, which reduction is at least equal to the amount of the "cents-off"
representation imprinted on the commodity package or label.
(3) Each "cents-off" representation imprinted on the package or label is
limited to a phrase that reflects that the price marked by the retailer represents the savings in the
amount of the "cents-off" the retailer's regular price; e.g., "Price Marked is ____ Cents Off the
Regular Price," "Price Marked is _____ ¢ off the Regular Price of this Package,"
provided the package or label may in addition bear in the usual pricing spot a form
reflecting a space for the regular price, the represented "cents-off," and a space for the price to be
paid by the consumer.
(4) The commodity at retail presents the regular price, designated as
the "regular price," clearly and conspicuously on the package or label of the commodity or on a
sign, placard, or shelf-marker placed in a position contiguous to the retail display of the
"cents-off" marked commodity.
(5)(i) Not more than three "cents-off" promotions of any single size
commodity may be initiated in the same trade area within a 12-month period;
(5)(ii) At least 30 days must lapse between "cents-off" promotions of
any particular size packaged or labeled commodity in a specific trade area; and
(5)(iii) Any single size commodity so labeled may not be sold in a
trade area for a duration in excess of 6 months within any 12-month period.
(6) Sales of any single size commodity so labeled in a trade area do
not exceed in volume 50 percent of the total volume of sales of such size commodity in the same
trade area during any 12-month period. The 12-month period may be the calendar, fiscal, or
market year provided the identical period is applied in this subparagraph and subparagraph (5) of
this paragraph. Volume limits may be calculated on the basis of projections for the current year
but shall not exceed 50 percent of the sales for the preceding year in the event actual sales are
less than the projection for the current year.
(d) The sponsor of a "cents-off" promotion shall prepare and maintain
invoices or other records showing compliance with this section. The invoices or other records
required by this section shall be open to inspection and shall be retained for a period of one year
subsequent to the end of the year (calendar, fiscal, or market) in which the "cents-off" promotion
occurs.
13.2. Introductory Offers. - -
(a) The term "introductory offer" means any printed matter consisting
of the words "introductory offer" or words of similar import, placed upon a package containing
any new commodity or upon any label affixed or adjacent to such new commodity, stating or
representing by implication that such new commodity is offered for retail sale at a price lower
than the anticipated ordinary and customary retail sale price.
(b) The packager or labeler of a consumer commodity may not have
imprinted thereon an introductory offer unless:
(2) Each offer on a package or label is clearly and conspicuously
qualified.
(3) No commodity so labeled is sold in a trade area for duration in
excess of 6 months.
(4) At the time of making the introductory offer promotion, the offerer
intends in good faith to offer the commodity, alone, at the anticipated ordinary and customary
price for a reasonably substantial period of time following the duration of the introductory offer
promotion.
(2) The commodity so labeled is sold at a reduction from the
anticipated ordinary customary price, which reduction is at least equal to the amount of the
reduction from the after-introductory offer price representation on the commodity package or
label.
(e) The sponsor of an introductory offer shall prepare and maintain
invoices or other records showing compliance with this section. The invoices or other records
required by this section shall be open to inspection and shall be retained for a period of 1 year
subsequent to the period of the introductory offer.
13.3. Economy Size
(a) The term "economy size" means any printed matter consisting of
the words "economy size," "economy pack," "budget pack," "bargain size," "value size," or words
of similar import placed upon any package containing any consumer commodity or placed upon
any label affixed or adjacent to such commodity, stating or representing directly or by
implication that a retail sale price advantage is accorded the purchaser thereof by reason of the
size of that package or the quantity of its contents.
(b) The packager or labeler of a consumer commodity may not have
imprinted thereon an "economy" size representation unless:
(2) Only one packaged or labeled form of that brand of commodity
labeled with an "economy size" representation is offered.
(3) The commodity labeled with an "economy size" representation is
sold at a price per unit of weight, volume, measure, or count that is substantially reduced (i.e., at
least 5 percent) from the actual price of all other packaged or labeled units of the same brand of
that commodity offered simultaneously.
(d) The sponsor of an "economy size" package shall prepare and
maintain invoices or other records showing compliance with paragraph (b) of this section. The
invoices or other records required by this section shall be open to inspection and
shall be retained for one year.
(Amended 1985)
(Added 1993)
(Added 1993)
(Amended 1985)
(Amended 1975)


(Amended 1993)

(Amended 1993)
(Added 1984)
1 package - 8 flints
(4 in x 6 in x 1 in)
1 box cleaner - Net Mass 170 g (6 oz)
10 2-ply napkins 25 cm x 25 cm (10 in x 10 in)
10 cups - 177 mL (6 fl oz)
(Amended 1993)
(1) The number of units for each identical commodity followed by the
weight, volume, or measure of that commodity;
Examples:
14 Sponges 5.7 cm x 10 cm x 1.2 cm (2 1/4 in x 4 in x 1/2 in)
1 Soap Bar 142 g (5 oz)
1 Brown 89 mL (3 fl oz)
Total: 326 mL (11 fl oz)
1 Black 89 mL (3 fl oz)
1 White 148 mL (5 fl oz)
34 spoons
Total: 100 pieces
33 forks
33 knives
(Amended 1993)
(1) in SI units: in millimeters or centimeters, except that a dimension
of 1 meter or more will be expressed in meters with the remainder in terms of decimal fractions
of the meter; and
(b) When the unit bag is characterized by two dimensions because of
the absence of a gusset, the width and length will be stated. [Examples: "25 bags, 12.7 cm x 10
cm (5 in x 4 in)" or "50 bags, 75 cm x 1.2 m (2.5 ft x 3.9 ft)"]
(1) In terms of liquid measure for containers that are intended to be
used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed
capacity will be stated in terms of the largest whole unit (gallon, quart, pint, fluid ounce) with
any remainder in terms of common or decimal fractions of that unit. [Example: Freezer Boxes -
"4 Boxes, 946 mL capacity, 15 cm x 15 cm x 10 cm (1 qt capacity, 6 in x 6 in x 4 in)"]
10.8.3. Terms. - - For purposes of this section, the use of the terms
"capacity," "diameter," and "fluid" is optional.
(Amended 1987)
(Amended 1987)
(Amended 1977, 1987)
(Amended 1988)
(Added 1971)
(1) the largest whole SI unit for all packages with weights up to 7
grams, and
(c) The quantity statement for coated seed, encapsulated seed,
pelletized seed, preplanters, seed tapes, etc., shall be in terms of count.
(Amended 1995)
(Added 1972; Amended 1975, 1993)
(Added 1993)
(Added 1993) (Amended 1995)
(Amended 1989)
(Added 2001)
(Added 1987)
(Amended 1993)
(Amended 1993)
(Amended 1980, 1993)
(Amended 1980, 1993)
(Amended 1980)
(Amended 1980)
(Amended 1989)
(Amended 1980, 1993)
(Amended 1978, 1980)
(1) For still film, tape, or other still image media, in terms of the
usable or guaranteed number of available still image exposures. 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".)
Supplemental information may be provided on other than the principal display panel.
(Amended 1990)
(Added 1972; Amended 1980, 1993)
(Amended 1974, 1980, 1993)
(Added 1973)
(Added 1973)
(Added 1973)
(Added 1990)
(Added 1971; Amended 1989)
(Added 1990)
(Added 1990)
(Added 1992; Amended 1993)
(Added 1999)
(Amended 1976, 1980, 1984, 1988)
(Amended 1982)
(1) The commodity has been sold at an ordinary and customary price in
the most recent and regular course of business where the "cents-off" promotion is made.
(c) No "cents-off" promotion shall be made available in any
circumstances where it is known or there is reason to know that it will be used as an
instrumentality for deception or for frustration of value comparison; e.g., where the retailer
charges a price that does not fully pass on to the consumers the represented price reduction or
where the retailer fails to display the regular price in the display area of the "cents-off" marked
product.
(Added 1972)
(1) The product contained in the package is new, has been changed in a
functionally significant and substantial respect, or is being introduced into a trade area for the
first time.
(c) The packager or labeler of a consumer commodity shall not have
imprinted thereon an introductory offer in the form of a "cents-off" representation unless, in
addition to the requirements in paragraph (b) of this section:
(1) The package or label clearly and conspicuously and in immediate
conjunction with the phrase "Introductory Offer" bears the phrase " cents-off the
after-introductory offer price."
(d) No introductory offer with a "cents-off" representation shall be
made available in any circumstance where it is known or there is reason to know that it will be
used as an instrumentality for deception or for frustration of value comparison; e.g., where the
retailer charges a price that does not fully pass on to consumers the represented price reduction.
(Added 1972)
(1) At the same time the same brand of the commodity is offered in at
least one other packaged size or labeled form.
(c) No "economy size" package shall be made available in any
circumstances where it is known that it will be used as an instrumentality for deception; e.g.,
where the retailer charges a price that does not pass on to the consumer the substantial reduction
in cost per unit initially granted.
(Added 1972)
| Table 1. Minimum Height of Numbers and Letters | ||
| Area of principal display panel | Min. height of numbers and letters | Min. height; label information blown, formed, or molded on surface on container |
| < 32 cm2 | 1.6 mm | 3.2 mm |
| (5 sq in) | (1/16 in) | (1/8 in) |
| > 32 cm2 | 3.2 mm | 4.8 mm |
| (5 sq in) < 161 cm2 (25 sq in) | (1/8 in) | (3/16 in) |
| > 161 cm2 | 4.8 mm | 6.4 mm |
| (25 sq in) | (3/16 in) | (1/4 in) |
| < 645 cm2 | ||
| (100 sq in) | ||
| > 645 cm2 | 6.4 mm | 7.9 mm |
| (100 sq in) < 2581 cm2 (400 sq in) | (1/4 in) | (5/16 in) |
| > 2581 cm2 | 12.7 mm | 14.3 mm |
| (400 sq in) | (1/2 in) | (9/16 in) |
| Symbols: < means less than or equal to;
< means less than; > means greater than. Note: The type size requirements specified in this table do not apply to the "e" mark. See Note 4 on page 54. |
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| UPLR Appendix |
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