Chapter 06 - Weights and Measures
Chapter 06 - Weights and Measures
27.0601 Authority.
The rule codified in this article is adopted under the authority of 27.0605 (3) and (15) ASCA.
27.0602 Applicability-Government, nonprofit exemption.
This article shall apply to all weighing and measuring devices that are commercially used or susceptible of commercial usage within the territory, except:
(1) weighing and measuring devices used by the ASG;
(2) weighing and measuring devices used by the federal government; and
(3) weighing and measuring devices used by nonprofit organizations.
27.0603 Definitions.
As used in this article :
(1) "accurate" means a piece of equipment that meets the performance or value within the applicable tolerances and other performance requirements;
(2) "commercially used", "commercial usage", and "commercial use" means both retail and wholesale transactions;
(3) "computing scale" means one that indicates the money values of amounts of commodity weight, at predetermined unit prices, through all or part of the weighing range of the scale;
(4) "correct" means that a piece of equipment is correct when, in addition to being accurate, it meets all applicable specification requirements;
(5) "director" means the director of the consumer protection bureau;
(6) "suitability" means that a piece of commercial equipment is suitable for the service in which it is used with respect to elements of its design.
27.0604 Suitability.
(a) Any person who sells or intends to purchase any weighing and measuring device for commercial use shall first inquire at the weights and measures branch to determine the suitability of the device for the intended use as approved by the director.
(b) A hanging spring dial scale or a household spring dial scale is not suitable for weighing meat, poultry, fish, or produce.
27.0605 Accuracy.
Weighing and measuring devices that are approved for suitability by the director shall be accurate and correct.
27.0606 Inspection-Frequency.
The director shall within 90 days after 1 Oct of each year, or more often in his discretion, cause all devices or appliances used for the ascertainment of weight, length, or measure in connection with buying or selling, or with transporting or receiving for shipment any commodity offered for sale or to be offered for sale, or for any purpose, to be inspected, proved as to accuracy, and sealed.
27.0607 Inspection-Exhibition for.
Every merchant, corporation, or person using or having on his premises a device or appliance for use in the ascertainment of weight, length, or measure in connection with buying or selling, or with transportation or receiving for shipment any commodity offered for sale or to be offered for sale, or for any other commercial purpose, shall exhibit the same to the director for his designated representative upon his request for inspection and examination.
27.0608 Inspection-Records.
It shall be the duty of the director to keep a record of all scales, weights, and measures inspected and sealed by him, in which shall be stated the name and owner of the same, the date of inspection, fees received therefor, and whether or not they conform to the standard of the office of the director.
27.0609 Inspection-Fees.
The director shall collect for each annual inspection of a weighing or measuring device, before delivering to the owner thereof a certificate that it is accurate and correct the following fees:
(a) For scales:
(1) From 1 to 30 lbs. weight capacity
$5.00;
(2) Over 30 to 100 lbs. weight capacity.
7.00;
(3) Over 100 to 1,000 lbs. weight capacity
10.00;
(4) Over 1,000 to 5,000 lbs. weight capacity.
15.00;
(5) Over 5,000 to 10,000 lbs. weight capacity.
20.00;
(6) Over 10,000 to 20,000 lbs. weight capacity.
25.00;
(7) Over 20,000 lbs. weight capacity
30.00;
(b) For dry or liquid measures:
(1) Less than 1 gallon.
1.00;
(2) More than 1 gallon.
3.00;
(3) Retail petroleum dispenser.
5.00;
(4) Petroleum truck meters.
15.00;
(5) Petroleum rack meters.
30.00;
(6) Truck-compartment-used measures
20.00;
(c) For linear measures:
(1) Thirty-six-inch yardstick.
2.00;
(2) Greater than 36-inch wooden measures
3.00;
(3) Measuregraph
5.00;
(4) Metal tape, 0 to 12 feet.
5.00;
(5) Wire or rope measures.
5.00;
(6) Odometer (rent-a-car)
6.00;
(7) Taxicab (with meter)
6.00;
(d) All approvals shall be granted subject to collection of the fees in this section and 27.0610 ASAC. A charge of $15 will be imposed if a check in payment of the fee is not honored by the bank on which it is drawn. A receipt issued by the director or his delegate for any such fee shall not be binding if a fee is uncollectable. Remittances of fees must be in the form of United States currency, cashiers check or personal check only. Check must be drawn on a bank or other institution located in American Samoa and be payable in United States currency and made payable to "Treasurer-American Samoa Government.”
27.0610 Ca1ibration-Fees.
The director may, at the owner's request, calibrate a weight or measure device, The minimum charge shall be $20; thereafter, $5 per hour.
27.0611 Deposit of fees.
The director shall deposit to the general fund of the treasury of American Samoa all fees collected pursuant to this article.
27.0612 Severability.
If any provision or part of a provision of this article, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to be severable.
27.0615 Authority.
The rule codified in this article is adopted under the authority of 27.0605(3) ASCA.
27.0616 Applicability-Exceptions.
This article shall apply to packages and to commodities in package form, but shall not apply to:
(1) inner wrappings not intended to be individually sold to the customer;
(2) 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 nonconsummer commodities, as defined in this article;
(3) 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;
(4) containers used for retail tray pack displays when the container itself is not in tended to be sold (e.g., the tray that is used to display individual envelopes of seasonings, gravies, etc. and the tray itself is not intended to be sold); or
(5) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by this article.
27.0617 Definitions.
As used in this article :
(1) "commodity in package form" means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale; an individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be a commodity in package form;
(2) "consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the house- hold or in connection with personal possessions;
(3) "label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package; except, that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this article;
(4) "multiunit package" means package containing 2 or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multiunit package but capable of being individually sold in full compliance with all requirements of this article;
(5) "nonconsumer package" or "package of nonconsumer commodity" means any commodity in package fom other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution;
(6) "person" means both a singular and plural, and shall include any individual, partnership, company, corporation, association, and society;
(7) "principal display panel or panels" means that part, or those parts, of a label that is, or are, so designed as to most likely be 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;
(8) "random package" means package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights; that is, packages of the same consumer commodity with no fixed pattern of weight.
27.0618 Declaration of identity-Consumer packages.
(a) A declaration of identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
(b) A declaration of identity on a consumer package shall appear generally parallel to the base on which the package rests as it is designed to be displayed.
27.0619 Declaration of identity-Nonconsumer packages.
A declaration of identity on a nonconsumer package shall appear on the outside of a package and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
27.0620 Corporate or business name.
(a) Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. For imported packages, the address shall include street address, city, state, and ZIP code number; however, the street address may be omitted if this is shown in a current city directory or telephone directory. The requirement for inclusion of the ZIP code number shall apply only to labels that have been developed or revised after 1 Jul 68.
(b) If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as "Manufactured for and packed by", "Distributed by", or any other wording of similar import that expresses the facts.
27.0621 Whole units and fractions in declarations of quantity.
Where this article requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in:
(1) common or decimal fractions of such largest whole unit; or
(2) the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.
27.0622 Net quantity declaration required.
A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of a consumer package and, unless otherwise specified in this article (see 27.0628 through 27.0631), shall be in terms of the largest whole unit.
27.0623 Net weight.
The term "net weight" shall be used in conjunction with the declaration of quantity in terms of weight; the term may either precede or follow the declaration of weight.
27.0624 Lines of print or type.
A declaration of quantity may or more lines of print or type.
27.0625 Weight, liquid measure, or count- Combined description.
(a) The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or 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.
(b) A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.
(c) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count, and size of the individual units unless a declaration of measure alone is fully informative.
(d) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative.
27.0626 Units generally-Abbreviations- Metrics.
(a) A declaration of quantity:
(1) in units of weight shall be in terms of the avoirdupois pound or ounce;
(2) in unit of liquid measures 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 degrees Fahrenheit (20 degrees Celsius), except in the case of petroleum products, for which the declaration shall express the volume at 60 degrees Fahrenheit (15.6 degrees Celsius), 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 degrees Fahrenheit (4 degrees Celsius);
(3) in units of linear measure shall be in terms of the yard, foot, or inch;
(4) in units of area measure shall be in terms of the square yard, square foot, or square inch;
(5) 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;
(6) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch; provided, that in the case of a commodity packed for export shipment, the declaration of quantity may be in terms of the metric system of weight or measure.
(b) Any of the following abbreviations for customary units, and none other, may be employed in the quantity statement on a package of commodity:
(1) Avoirdupois
avdp;
(2) Cubic
cu;
(3) Feet or foot
ft;
(4) Fluid.
fl;
(5) Gallon
gal;
(6) Inch
in;
(7) Liquid
liq;
(8) Ounce
oz;
(9) Pint
pt;
(10) Pound
lb;
(11) Quart
qt;
(12) Square
sq;
(13) Weight
wt;
(14) Yard
yd.
(1) Avoirdupois
avdp;
(2) Cubic
cu;
(3) Feet or foot
ft;
(4) Fluid.
fl;
(5) Gallon
gal;
(6) Inch
in;
(7) Liquid
liq;
(8) Ounce
oz;
(9) Pint
pt;
There normally are no periods following, nor plural forms of, these abbreviations. For example, "oz" is the abbreviation for both "ounce" and "ounces".
(c) Any of the following metric symbols may be employed in the quantity statement on a package of commodity:
(1) meter
m
(2) millimeter
mm
(3) square meter
m2
(4) liter
l
(5) gram
g
(6) kilogram
kg
(1) meter
m
(2) millimeter
mm
(3) square meter
m2
(4) liter
l
(5) gram
g
(6) kilogram
kg
(1) meter
m
(2) millimeter
mm
(3) square meter
m2
(4) liter
l
(5) gram
g
(6) kilogram
kg
(1) meter
m
(2) millimeter
mm
(3) square meter
m2
(4) liter
l
(5) gram
g
The liter is widely used for volume in preference to its equivalent, the cubic decimeter (dm3 ). Symbols are not capitalized unless the unit is derived from a proper name. Periods should not be used after the symbol. Symbols are always written in the. singular form -do not add "s" to express the plural when the symbol is used. Multiples and submiltiples of the above units and symbols may be used provided they follow the guidelines of the International System (SI) of Units or ISO Standard 1000.
27.0627 Fluid ounce-Dry pint or quart.
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".
27.0628 Units prescribed for specified quantities.
(a) The declaration of quantity shall be expressed in terms of:
(1) in the case of length measure of less than 1 foot, inches and fractions of inches;
(2) in the case of area measure of less than 1 square foot, square. inches and fractions of square inches;
(3) in the case of weight of less than 1 pound, ounces and fractions of ounces;
(4) in the case of fluid measure of less than 1 pint, ounces and fractions of ounces; provided, that 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 2 decimal places.
(b) The declaration of quantity shall be expressed in terms of:
(1) in the case of length measure of 4 feet or more, feet, followed in parentheses by a declaration of yards and common or decimal fractions of the yard, or in terms of feet followed in parentheses by a declaration of yards with any remainder in terms of feet and inches;
(2) in the case of area measure of 4 square feet or more, weight of 4 pounds or more, fluid measure of 1 gallon or more, the largest whole unit.
27.0629 Dual quantity declaration.
(a) On packages containing 1 pound or more but less than 4 pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit; provided, that the quantity declaration appearing on a random package may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than 2 decimal places.
(b) On packages containing 1 pint or more but less than 1 gallon, the declaration shall be expressed in ounces, and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(c) On packages containing 1 foot but less than 4 feet, the declaration shall be expressed in inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(d) On packages containing 1 square foot but less than 4 square feet, the declaration shall be expressed in square i11ches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
27.0630 Bidimensional commodities.
For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed :
(1) if less than 1 square foot, in terms of linear inches and fractions of linear inches;
(2) if at least 1 square foot but less than 4 square feet, in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit; provided, that:
(A) no square inch declaration is required for a bidimensional commodity of 4 inches width or less;
(B) a dimension of less than 2 feet may be stated in inches within the parenthetical; and
(C) commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, for which see 27.0631) require a declaration of unit area but not a declaration of total area of all such units;
(3) if 4 square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole unit; provided, that:
(A) no declaration in square feet is required for a bidimensional commodity with a width of 4 inches or less;
(B) bidimensional commodities, with a width of 4 inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit (for example, 2 inches by 360 inches ( 10 yards));
(C) a dimension of less than 2 feet may be stated in inches within the parenthetical; and
(D) no declaration in square feet is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.
27.0631 Tissues-Toilet paper.
(a) If the commodity is in individually usable units of 1 or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this article, include the number of ply and the total number of usable units.
(b) Roll-type commodities, when perforated so as to identify individuals usable units, shall not be deemed to be made up of usable units; however, such roll-type commodities shall be labeled in terms of:
(1) total area measurement;
(2) number of ply;
(3) count of usable units; and
(4) dimensions of a single usable unit.
27.0632 Fractions.
(a) A statement 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
(2) if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.
(b) A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than 2 places.
27.0633 Supplementary declarations-Metric- system description.
(a) The required quantity, declaration may be supplemented by cine 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 terms qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package; e.g., "giant" quart, "full" gallon, "when. packed", "minimum", or words of similar import.
(b) A separate statement of the net quantity of contents in terms of the metric system is not regarded as a supplemental statement, and a statement of quantity in terms of the metric system of weight or measure may also appear on the principal display panel or on other panels.
27.0634 Qualification of declaration-Exaggeration.
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, 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.
27.0635 Noncomsumer packages-Declaration of net quantity.
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 27.0621).
27.0636 Nonconsumer packages- Terms- Trade custom.
The declaration of the quantity of a particular nonconsumer commodity shall be expressed in terms of liquid measure if the commodity is liquid, or 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.
27.0637 Nonconsumer packages-Units generally -Abbreviations.
(a) A nonconsumer-package declaration of quantity:
(1) in units of weight shall be in terms of the avoirdupois pound or ounce;
(2) 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 degrees Fahrenheit (20 degrees Celsius), except in the case of petroleum products, for which the declaration shall express the volume at 60 degrees Fahrenheit (15.6 degrees Celsius), 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 degrees Fahrenheit ( 4 degrees Celsius);
(3) in units of linear measure shall be in terms of the yard, foot, or inch;
(4) in units of area measure, shall be in terms of the square yard, square foot, or square inch;
(5) 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;
(6) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch; provided, that nothing in this subsection shall prohibit the labeling of nonconsumer packages in terms of units of the metric system.
(b) Any generally accepted abbreviation of a unit name may be employed in the quantity statement on a package of a nonconsumer commodity (for commonly accepted abbreviations, see 27.0626(b) and (c)).
27.0638 Nonconsumer packages-Shortage, averaging prohibited.
The average quantity of contents in the package of a particular lot, shipment, or delivery of a nonconsumer commodity shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted, even though averages in other packages in the same shipment, delivery, or lot compensate for such shortage.
27.0639 Prominence and legibility of required information.
All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
27.0640 Location.
The declaration or declarations of quantity of the contents of a package shall appear in the bottom 30% of the principal display panel or panels except as otherwise provided in 27.0654 for cylindrical containers.
27.0641 Type or lettering style-Blown, formed, molded labels.
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.
27.0642 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.
27.0643 Free area around declaration.
The area surrounding the quantity declaration shall be free of printed information: ( 1) above and below, by a space equal to at least the height of the lettering in the declaration, and (2) 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.
27.0644 Layout of quantity declaration- Orientation to base of package.
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.
27.0645 Principal display panel.
(a) The square-inch area of the principal display panel shall be:
(1) in the case of a rectangular container, 1 entire side of which properly can be considered to be the principal display panel, the product of the height times the width of that side;
(2) in the case of a cylindrical or nearly cylindrical container, 40% of the product of the height of the container times the circumference. or
(3) in the case of any other shaped container, 40% of the total surface of the container unless such container presents an obvious principal display panel (for example, the top of a triangular or circular package of cheese, or the top of a can of shoe polish), the area shall consist of the entire such surface.
(b) 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.
27.0646 Number and letter height.
(a) 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 square-inch area of the panel, and the height of each number of a common fraction shall meet 1/2 the minimum height standards.
TABLE 1. MINIMUM HEIGHT OF NUMBERS AND LETTERS
Square-inch Area of Principal Display Panel
Minimum Height of Numbers and Letters (inches)
Minimum Height Label Information Blown, Formed, or Molded on Surface of Containers (inches)
5 and less
1/16
1/8
Greater than 5 and not greater than 25
1/8
3/16
Greater than 25 and not greater than 100
3/16
1/4
Greater than 100 and not greater than 400
1/4
5/16
Greater than 400
½
9/16
(b) No number or letter shall be more than 3 times as high as it is wide.
27.0647 Prominence and placement on nonconsumer packages.
All information required to appear on a nonconsumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
27.0648 Display card packages.
For an individual package affixed to a display card, or for a commodity and display card together composing a package, the type size of the quantity declaration is governed by the dimensions of the display card.
27.0649 Egg cartons.
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.
27.0650 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.
27.0651 Multiunit packages.
Any package containing more than 1 individual "commodity in package form" (see 27.0617(1)) of the same commodity shall bear on the outside of the package a declaration of:
(1) the number of individual units;
(2) the quantity of each individual unit; and
(3) the total quantity of the contents of the multiunit package; provided, that any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.
27.0652 Combination packages of dissimilar commodities.
Any package containing individual units of dissimilar commodities (such as an antiquing kit, for example) shall bear on the label of the package a quantity declaration for each unit.
27.0653 Variety packages.
Any package containing individual units of reasonably similar commodities (such as, for example, seasonal gift packages and variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package.
27.0654 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% of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.
27.0655 Containers-Measured containers- Liners.
(a) Commodities designed 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:
(1) For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise):
(A) When the unit bag is characterized by 2 dimensions because of the absence of a gusset, the width and length will be expressed 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 (for example: "25 bags 17 in x 20 in" or "100 bags, 20 in x 2 ft 6 in" or "50 bags, 20 in x 2-1/2 ft");
(B) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, in terms of inches, except that any dimension of 2 feet or more will be expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot (for example: "25 bags, 17 in x 4 in x 20 in " or "100 bags, 20 in x 12 in x 2-1/2 ft");
(2) 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 2 inches (for example: "2 cake pans, 8 in x 8 in" or "roasting pan, 12 in x 8 in x 3 in");
(3) F or 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 2 inches (for example: "4 pie pans, 8 in diameter x 4 in");
(b) 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:
(1) Liquid measure for containers which are intended to be used for liquids, semisolids, viscuous materials, or mixtures of solids and liquids, The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce), with any remainder in terms of the common or decimal fraction of that unit (for example: Freezer Boxes -"4 boxes, l-qt capacity, 5 in x 4 in x 3 in");
(2) Dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit ( bushel, peck), with any remainder in terms of the common or decimal fraction of that unit ( for example: Leaf Bags -"8 bags, 6-bush~1 capacity, 3 ft x 5 ft");
(c) Where containers are used as liners for other more permanent containers, the declaration of net quantity shall be in the same terms as are normally used to express the capacity of the more permanent container (for example: Garbage Can Liners -" 10 liners, 2 ft 6 in x 3 ft 9 in, fits up to 30-gallons cans"); provided. that notwithstanding the requirements set out in this section, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit (for example: "24 cups, 6 fl oz capacity"). For purposes of this section, the use of the terms "capacity", "diameter", and "fluid" is optional.
27.0656 Wearing apparel- Textile products- Threads and yams.
(a) 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 a net quantity statement by count, as required by 27.0625.
(b) Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, nonrectangular diapers, slip covers, etc., shall be exempt from the requirements of 27.0629; provided, that:
(1) the quantity statement for fitted sheets and mattress covers shall state, in inches, the length and width of the mattress for which the item is designed, such as "twin", "double", "king", etc. (for example: "Twin fitted sheet for 39 x 75 in mattress");
(2) the quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin", "double", "king", etc.; the quantity statement also shall state, in inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in inches, of the length and width of the sheet before hemming (for example: "Double Flat Sheet for 54 x 75 in mattress ( 81 x 104 in before hemming)");
(3) the quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as "youth", "standard", and "queen", etc.; the quantity statement also shall state, in inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in inches, of the length and width of the pillowcase before hemming (for example: "Standard Pillowcase for 20 x 26 in pillow (42 x 36 in before hemming)");
(4) the quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in inches, the length and width of the finished item; the quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as "twin", "double" "king " etc.
(5) the quantity statement for tablecloths and napkins shall state, in inches, the length and width of the finished item; the quantity statement also may state parenthetically, in inches, the length and width of the item before hemming and properly identified as such;
(6) the quantity statement for curtains, drapes, flags, furniture scarfs, etc., shall state, in inches, the length and width of the finished item; the quantity statement also may state parenthetically, in inches, the length of any ornamentation;
(7) the quantity statement for carpets and rugs shall state, in feet, with any remainder in common or decimal fractions of the foot or in inches, the length and width of the item; the quantity statement also may state parenthetically, in inches, the length of any ornamentation;
(8) the quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc. shall state, in inches, the length and width of the item; the quantity statement for such items, when knitted, need not state the dimensions;
(9) the quantity statement for textile products such as pot holders, fixture and appliances covers, nonrectangular diapers, slip covers, etc. shall be stated in terms of count and may include size designations and dimensions;
(10) the quantity statement for other than rectangular textile products identified in paragraphs (b) (1) through (8) of this section shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape (for example: "Oval Tablecloth 54 x 42 in", representing the maximum length and width in this case);
(11) 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.
(c) Variation from declared dimensions are normally considered unreasonable when there is:
(1) for an item with no declared dimension less than 24 inches, a minus variation greater than 3% of a declared dimension and a plus variation greater than 6% of a declared dimension;
(2) for an item with a declared dimension less than 24 inches, a minus variation greater than 6% of a declared dimension and a plus variation greater than 12% of a declared dimension.
(d) Variety packages of textiles which are required by reason of 27.0651 to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this article for:
(1) location (see 27.0640);
(2) free area (see 27.0643); and
(3) minimum height of numbers and letters (see 27.0646).
(e) Sewing and handicraft threads shall be exempt from the requirements of 27.0628(b); provided, that:
(1) the net quantity statement for sewing and handicraft threads shall be expressed in terms of yards; and
(2) the net quantity statement for yarns shall be expressed in terms of weight;
(3) 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 that such marks, employed to identify the vendor, shall be filed with the director;.
(4) each unit of industrial thread shall be marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net yards of thread on each bobbin.
27.0657 Seed packages.
Packages of seeds intended for planting shall be labeled in full accord with this article except as follows :
(a) The quantity statement shall appear in the upper 30% of the principal display panel;
(b) The quantity statements shall be in terms of the largest whole unit of the metric system for all weights up to 1/4 ounce, and in the avoirdupois system for all other weights up to 8 ounces; packaged seeds 8 ounces or more shall not be subject to this section;
(c) The quantity statement for seed tapes, preplanters, etc., shall be in terms of count;
(d) This section shall apply only to labels revised after 19 act 76.
27.0658 Dual declaration.
Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit, except as provided in 27.0651.
27.0659 Random packages.
(a) A random package bearing a label conspicuously declaring the net weight price per pound, and total price shall be exempt from the type size, dual declaration, placement, and free area requirements of this article. 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.
(b) This exemption shall also apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.
27.0660 Penny candy.
Individually. wrapped pieces of "penny candy" and other confectionery of less than 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 article. 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 article.
27.0661 Individual servings.
Individual-serving-size packages of foods containing less than 1/2 ounce or less than 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 article.
27.0662 Tobacco cuts, plugs, and twists- Individual 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 article, such individual cuts, plugs, and twists of tobacco, and cigars, shall be exempt from such labeling requirements.
27.0663 Reusable (returnable) glass containers.
Nothing in this article shall be deemed to preclude the continued use of reusable (returnable) glass containers; provided, that such glass containers ordered after 19 act 76 shall conform to all requirements of this article.
27.0664 Cigarette and small cigar cartons.
Cartons of cigarettes and small cigars, containing 10 individual packages of 20 labeled in accordance with the requirements of this article shall be exempt from the requirements set forth in 27.0640, 27.0646, and 27.0651; provided, that such cartons bear a declaration of the net quantity of commodity in the package.
27.0665 Federal requirements supersede- Exemptions therefore.
Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from the requirements set forth in 27.0629,27.0640, and 27.0646; provided, that quantity labeling requirements for such products are specified in federal law, so as to follow reasonably sound principles of providing consumer information.
27.0666 Fluid dairy products-Frozen desserts.
(a) Fluid dairy products, ice cream, and similar frozen desserts:
(1) when packaged in 1/2-liquid-pint and l/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 l/2-pint and 1/2-gallon, respectively;
(2) when packaged in l-liquid-pint, l-liquid- quart, and l/2-gallon containers, are exempt from the dual net contents declaration requirements of 27.0629;
(3) when measured by and packaged in 1/2- liquid-pint, l-liquid-pint, l-liquid-quart, 1/2- gallon and 1-gallon measure containers as defined in "Measure Container Code of National Bureau of Standards Handbook 44", are exempt from the requirement of 27.0640 that the declaration of net contents be located within the bottom 30% of the principal display panel.
(b) Milk and milk products, when measured by and packaged in glass or plastic containers of l/2-liquid-pint, l-liquid-pint, l-liquid-quart, 1/2-gallon, and I-gallon capacities, are exempt from the placement requirement of 27.0639 that the 'declaration of net contents be located within the bottom 30% of the principal display panel, provided that 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.
27.0667 Fruit juice and imitation beverages- Drinking water.
Single-strength and less than single-strength fruit juice beverages, imitations thereof, and drinking water:
(1) when packaged in glass, plastic, or fluid- milk-type paper containers of 8-fluid-ounce and 64-fluid-ounce capacity, are exempt from the requirements of 27.0626(a)(2) 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;
(2) when packaged in glass, plastic, or fluid- milk-type-paper containers of I-pint, l-quart, and l/2-gallon capacities, are exempt from the dual net contents declaration requirements of 27.0629(b):
(3) when packaged in glass or plastic containers of 1/2-pint, 1-pint, l-quart, 1/2gallon, and l-gallon capacities, are exempt from the placement requirement of 27.0640 that the declaration of net contents be located within the bottom 30% of the principal display panel; provided. that 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 into, or permanently applied to, that part of the glass or plastic container that is at or above the shoulder of the container.
27.0668 Soft drinks.
(a) Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:
(1) identity when such declaration appears on the bottle closure; and
(2) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this article appears only on the bottle closure.
(b) Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:
(1) 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
(2) identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.
27.0669 Butter.
When packaged in 4-ounce, 8-ounce, and 1- pound units with continuous-label-copy wrapping, butter is exempt from the requirements of 27.0618(a) and 27.0644 that the statement of identity and the net quantity declaration be generally parallel to the base of the package. When packaged in 8-ounce and I-pound units, butter is exempt from the requirement of 27.0640 for location of net quantity declaration and, when packaged in 1-pound units, is exempt from the requirement of 27.0629(a) for dual quantity declaration.
27.0670 Eggs.
Cartons containing 12 eggs shall be exempt from the requirement of 27.0640 for location of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this article if the undivided carton conforms to all such requirements.
27.0671 Flour.
Packages of wheat flour packaged in units of 2, 5, 10, 25, 50, and 100 pounds shall be exempt from the requirement of 27.0640 for location of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirement of 27.0629(a) for a dual quantity declaration.
27.0672 Small packages.
On a principal display panel of 5 square inches or less, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of this article.
27.0673 Cosmetics in 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 1/4 ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this article.
27.0674 Combination packages.
Combination packages are exempt from the requirements of 27.0640, 27.0641, and 27.0646.
27.0675 Margarine.
Margarine in 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than 4 sticks, shall be exempt from the requirement of 27.0640 for location of the net quantity declaration, and shall be exempt from the requirement of 27.0629(a) for a dual quantity declaration.
27.0676 Corn flour.
Corn flour packaged in conventional 5, 10, 25, 50, and 100-pound bags shall be exempt from the requirement of 27.0640 for location of the net quantity declaration.
27.0677 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 article.
27.0678 Camera film.
Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this article which specify how measurement of commodities should be expressed; provided that:
(1) the net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet of usable film contained therein; and
(2) the net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provided; the length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement (for example: "36 exposures, 36 x 24 mm" or "12 exposures, 2-1/4 x 2-1/4 in").
27.0679 Paints and kindred products.
(a) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packaged in l-liquid-pint and l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b).
(b) Tint base paint may be labeled on the principal display panel, as required by this article, in terms of a quart or a gallon including the addition of colorant selected by the purchaser; provided, that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided, that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided, that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label. Wherever the conditions set out in this section 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 article.
27.0680 Antifreeze.
Antifreeze, when packed in l-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of 27.0629(b).
27.0681 Motor oils.
Motor oils, when packed in l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b).
Additionally, motor oil in l-liquid-quart, l-gallon, 1-1/4 gallon, 2-gallon, and 2-1/2- gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of 27.0618 to the extent that the SAE viscosity number is required to appear on the principal display panel, provided-that the SAE viscosity number appears on the can lid and is expressed in letters and numerals, in type size of at least 1/4 inch.
27.0682 Pillows and mattress pads-Stuffed products with permanent labels.
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 of 27.0618(a), 27.0620, 27.0640, 27.0643, and 27.0646 and the declarations of identity and responsibility; provided, that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this article; and further provided, that the information on such permanently attached label is fully observable to the purchaser.
27.0683 Put-up commodities to be marked before sale.
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 27.0621 while moving in commerce and while held for sale prior to weighing and marking; provided, that the outside container bears a label declaration of the total net weight.
27.0684 Packaged commodities sold by count.
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 article, except that those containing 6 or less items need not include a statement of count. Local shellfish and local farm produce sold in an aiga basket or by count shall also be exempt from this section.
27.0685 Fishing lines and reels.
Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of 27.0629; provided, that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this article.
27.0686 Variation from declaration.
(a) Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or 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 averages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.
(b) 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, that the phrase "introduced into intrastate commerce" as used in this subsection shall be construed to define the time and the place at which the first sale and delivery of a package is made within the territory, the delivery being either;
(1) directly to the purchaser or to his agent; or
(2) to a common carrier for shipment to the purchaser, and this subsection 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.
(c) The magnitude of variations permitted under this section shall, in the case of any shipment, delivery, or lot, be determined by the facts in the individual case.
27.0687 "Cents-off" representation.
(a) The term "cents-off representation" means any printed matter consisting of the words "cents off' or words of similar import, 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 far sale at a price lower than the ordinary and customary retail sale price.
(b) Except as set forth in 27.0688, the packager or labeler of a consumer commodity shall not have imprinted thereon a "cents-off' representation unless:
(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;
(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 which 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 ........................ ¢ Off the Regular Price"; "price Marked is.......... Cents off the Regular Price of This Package"; provided, that 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) not more than 3 "cents-off' promotions of any single size commodity may be initiated in the same trade area within a l2-month period; at least 30 days must lapse between "cents-off" promotions of any particular size packaged or labeled commodity in a specific trade area; and any single-size commodity so labeled may not be sold in a trade area for a duration in excess of 6 months within any l2-month period;
(6) sales of any single-size commodity so labeled in a trade area do not exceed in volume 50% of the total volume of sales of such size commodity in the same trade area during any 12-month period. The l2-month period may be the calendar, fiscal, or market year, provided that the identical period is applied in this paragraph and (b)(5) of this section. Volume limits may be calculated on the basis of projections for the current year but shall not exceed 50% of the sales for the preceding year in the event actual sales are less than the projection for the current year.
(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 which 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.
(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 1 year subsequent to the end of the year (calendar, fiscal, or market) in which the "cents-off" promotion occurs.
27.0688 Introductory offers.
(a) '"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 on 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:
(1) the product contained in the package is new, has been changed in a functionally significant and substantial respect, or is being introduced in to a trade area for the first time;
(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 a 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.
(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 subsection (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";
(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.
(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 which does not fully pass on to consumers the represented price reduction.
(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.
27.0689 Economy size.
(a) "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:
(1) at the same time the same brand of the commodity is offered in at least 1 other packaged size or labeled form;
(2) only 1 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 which is substantially reduced; i.e., at least 5%, from the actual price of all other packaged or labeled units of the same brand of that commodity offered simultaneously.
(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 which does not pass on to the consumer the substantial reduction in cost per unit initially granted.
(d) The sponsor of an "economy size" package shall prepare and maintain invoices or other records showing compliance with subsection (b) of this section. The invoices or other records required by this section shall be open to inspection and shall be retained for 1 year.
27.0690 Severability.
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end all provisions of this article are declared to be severable.
27.0691 Former rules superseded.
All rules heretofore adopted on packaging and labeling are hereby superseded in their entirety and of no further force and effect.
