§328-19.1  Consumer commodities; labeling;

packaging.  (a)  All labels of consumer commodities, as defined by this

part, shall conform with the requirements for the declaration of net quantity

of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C.

1451, et seq.) and the regulations promulgated pursuant thereto; provided that

consumer commodities exempted from such requirements of section 4 of the Fair

Packaging and Labeling Act shall also be exempt from this subsection.

     (b)  The label of any package of a consumer

commodity which bears a representation as to the number of servings of such

commodity contained in such package shall bear a statement of the net quantity

(in terms of weight, measure, or numerical count) of each such serving.

     (c)  No person shall distribute or cause to be

distributed in commerce any packaged consumer commodity if any qualifying words

or phrases appear in conjunction with the separate statement of the net

quantity of contents required by subsection (a), but nothing in this section

shall prohibit supplemental statements, at other places on the package,

describing in nondeceptive terms the net quantity of contents; provided that

such supplemental statements of net quantity of contents shall not include any

term qualifying a unit of weight, measure, or count that tends to exaggerate

the amount of the commodity contained in the package.

     (d)  Wherever the director determines that

regulations containing prohibitions or requirements other than those prescribed

by subsection (a) of this section are necessary to prevent the deception of

consumers or to facilitate value comparisons as to any consumer commodity, the

director shall promulgate with respect to that commodity regulations effective

to:

     (1)  Establish and define standards for the

characterization of the size of a package enclosing any consumer commodity,

which may be used to supplement the label statement of net quantity of contents

of packages containing such commodity but this paragraph shall not be construed

as authorizing any limitation on the size, shape, weight, dimensions, or number

of packages which may be used to enclose any commodity;

     (2)  Regulate the placement upon any package

containing any commodity, or upon any label affixed to such commodity, of any

printed matter stating or representing by implication that such commodity is

offered for retail sale at a price lower than the ordinary and customary retail

sale price or that a retail sale price advantage is accorded to purchasers

thereof by reason of the size of that package or the quantity of its contents;

     (3)  Require that the label on each package of a

consumer commodity bear (A) the common or usual name of such consumer

commodity, if any, and (B) in case such consumer commodity consists of two or

more ingredients, the common or usual name of each such ingredient listed in

order of decreasing predominance, but nothing in this paragraph shall be deemed

to require that any trade secret be divulged; or

     (4)  Prevent the nonfunctional slack-fill of packages

containing consumer commodities.

     For the purposes of clause (4) of this

subsection, a package shall be deemed to be nonfunctionally slack-filled if it

is filled to substantially less than its capacity for reasons other than (A)

protection of the contents of such package or (B) the requirements of machines

used for enclosing the contents in such packages. [L 1972, c 151, §12]

 

Cross References

 

  Measurements, packaging, and labeling, see chapter 486.