PACKAGING AND LABELING

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Code of Colorado Regulations › 1200 Department of Agriculture › 1202 Inspection and Consumer Services Division › 8 CCR 1202-1

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RULE I. PACKAGING AND LABELING

STATEMENT OF BASIS - LEGAL AUTHORITY -- Title 35, Article 14, Section 107(o). Colorado Revised

Statutes 1973 as amended.

STATEMENT OF PURPOSE -- This Packaging and Labeling rule is in compliance with the Measurement

Standards Act of 1983 and enables consumers to obtain accurate information as to the quantity of the

contents and facilitates value comparisons.

1. DEFINITIONS

1.1 COMMODITY IN PACKAGE FORM - means a 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 rule 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. Where the term "package" is used in this rule, it shall be construed

to mean "commodity in package form" as herein defined.

1.2 CONSUMER 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 household or in connection with

personal possessions.

1.3 INCH POUND SYSTEM - means the United States customary system of weights and measures as

approved by the United States Department of Commerce

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 household or in connection with

personal possessions.

1.3 INCH POUND SYSTEM - means the United States customary system of weights and measures as

approved by the United States Department of Commerce.

1.4 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 non-promotional 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 rule.

1.5 METRIC SYSTEM (SI or SI units) -- means the Systeme Internationale System of Units as

established for the United States by the Secretary of Commerce.

1.6 MULTI-UNIT PACKAGE -- means a package containing two or more individual packages of the same

commodity, in the same quantity, with the individual packages intended to be sold as part of the

multi-unit package but capable of being individually sold in full compliance with all requirements of

this rule.

Code of Colorado Regulations

Secretary of State

State of Colorado

the Secretary of Commerce.

1.6 MULTI-UNIT PACKAGE -- means a package containing two or more individual packages of the same

commodity, in the same quantity, with the individual packages intended to be sold as part of the

multi-unit package but capable of being individually sold in full compliance with all requirements of

this rule.

Code of Colorado Regulations

Secretary of State

State of Colorado

1.7 NON-CONSUMER PACKAGE: PACKAGE OF NON-CONSUMER COMMODITY -- means any

commodity in package form other than a consumer package, and particularly a package intended

solely for industrial or institutional use or for wholesale distribution.

1.8 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."

1.9 RANDOM WEIGHT PACKAGE -- means a package that is one of a lot, shipment or delivery of

packages of the same consumer commodity with varying weight; that is, packages of the same

consumer commodity with no fixed pattern of weight.

2. INFORMATION REQUIRED ON PACKAGES - GENERAL

2.1 Any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of

the package a definite, plain, and conspicuous declaration of:

(a) the identity of the commodity in the package, unless the same can easily be identified through

the wrapper or container.

(b) the quantity of contents in terms of weight, measure, or count.

package kept, offered, or exposed for sale, or sold in any place other than on the

premises where packed.

2.2 This shall not apply to:

(a) inner wrappings not intended to be individually sold to the consumer.

rapper or container.

(b) the quantity of contents in terms of weight, measure, or count.

package kept, offered, or exposed for sale, or sold in any place other than on the

premises where packed.

2.2 This shall not apply to:

(a) inner wrappings not intended to be individually sold to the consumer.

(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.

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), or

(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 article.

(f) packages when the unit of count is less than six (6) count and the commodity or article is

clearly visible for counting when in its container, or the weight is less than 1 oz.

avoirdupois and/or the measure is less than 1 oz. liquid or dry volume.

3. DECLARATION OF IDENTITY AND RESPONSIBILITY: CONSUMER PACKAGES

nted, or graphic matter obscuring the label information

required by this article.

(f) packages when the unit of count is less than six (6) count and the commodity or article is

clearly visible for counting when in its container, or the weight is less than 1 oz.

avoirdupois and/or the measure is less than 1 oz. liquid or dry volume.

3. DECLARATION OF IDENTITY AND RESPONSIBILITY: CONSUMER PACKAGES

3.1 A separate 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, shall not be misleading or deceptive and shall appear

generally parallel to the base on which the package rests as it is designed to be displayed.

3.2 A declaration of identity on a non-consumer package shall appear on the outside of a package, shall

positively identify the commodity in the package by its common or usual name, description,

generic term, or the like and shall not be misleading or deceptive.

3.3 Meat cuts shall be limited to those terms listed in the uniform retail meat industry standards.

3.4 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. The address shall include

street address, city, state, and ZIP code; however, the street address may be omitted, if this is

shown in a current directory or telephone directory.

3.5 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

ddress may be omitted, if this is

shown in a current directory or telephone directory.

3.5 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.

4. REPEALED

5. DECLARATION OF QUANTITY: CONSUMER PACKAGES

5.1 General - The metric 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 presented in a

dual declaration of quantity.

5.2 Largest Whole Unit -- 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 following the

requirements of section 5.3.

5.3 USE OF FRACTIONS

(a) Metric: a metric statement in a declaration of net quantity of contents of any consumer

commodity may contain only decimal fractions.

aration 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 following the

requirements of section 5.3.

5.3 USE OF FRACTIONS

(a) Metric: a metric statement in a declaration of net quantity of contents of any consumer

commodity may contain only decimal fractions.

(b) 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, eights, sixteenths, or thirty-seconds, except that 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 if linear measurements are required in terms of yards or feet, common fractions may

be in terms of thirds.

1/2).

(d) Decimal Fractions: a decimal fraction shall not be carried out to more than three places.

(e) Inch-Pound units shall be in common or decimal fractions of such largest whole unit, or in 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. Metric units in

decimal fractions of such largest whole units.

5.4 Net Quantity - 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 the consumer package and, unless otherwise specified in this article shall be in terms of the

largest whole unit

5.5 Use of " Net Weight " - The term "net weight" shall be used in conjunction with the declaration of

quantity in units of weight. The term may either precede or follow the declaration of weight

her material packed with such commodity, shall appear on the principal display panel

of the consumer package and, unless otherwise specified in this article shall be in terms of the

largest whole unit

5.5 Use of " Net Weight " - The term "net weight" shall be used in conjunction with the declaration of

quantity in units of weight. The term may either precede or follow the declaration of weight.

5.6 Lines of Print or Type - A declaration of quantity may appear on one or more lines of print or type.

5.7 Terms: Volume, Weight, Count, or Measure - The declaration of the quantity of a particular

commodity shall be expressed in terms of liquid measure if the commodity is liquid, or dry

measure if the commodity is dry, or in terms of weight if the commodity is solid, semi-solid,

viscous, or a mixture of solid and liquid, or in terms of numerical count, linear measure or area.

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.

Combination Declaration --

(a) A declaration of quantity in terms of weight or volume 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.

(b) A declaration of quantity in terms of measure shall be combined with appropriate declarations

of the weight, volume, count and size of the individual units unless a declaration of

measure alone is fully informative.

the weight, volume, measure, and size of the individual units unless a declaration of

count alone is fully informative.

5.8 WHEN INCH-POUND SYSTEM OF WEIGHT OR MEASURE IS USED --

A declaration of quantity shall be:

of the individual units unless a declaration of

measure alone is fully informative.

the weight, volume, measure, and size of the individual units unless a declaration of

count alone is fully informative.

5.8 WHEN INCH-POUND SYSTEM OF WEIGHT OR MEASURE IS USED --

A declaration of quantity shall be:

(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 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.

(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.

5.9 Symbols and Abbreviations - Any of the following symbols and abbreviations, and none other shall be

employed in the quantity statement on a packaged commodity:

avoirdupois

Avdp

ounce

cubic

pint

feet or foot

pound

fluid

quart

gallon

Gal

square

inch

weight

Liquid

Liq

yard

shel of 2150.42 cubic inches,

or peck, dry-quart, and dry-pint subdivisions of the bushel.

5.9 Symbols and Abbreviations - Any of the following symbols and abbreviations, and none other shall be

employed in the quantity statement on a packaged commodity:

avoirdupois

Avdp

ounce

cubic

pint

feet or foot

pound

fluid

quart

gallon

Gal

square

inch

weight

Liquid

Liq

yard

(There normally are no periods following--nor plural forms of--symbols. For example, "oz" is the

symbol for both "ounce" and "ounces." Both upper and lower case letters are acceptable.)

5.10 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 the proper meaning

is obvious, (for example, as in 1 pint 4 ounces). Whenever the declaration of quantity is in terms

of the dry pint or dry quart, the declaration shall include the word "dry".

5.11 WHEN METRIC UNITS OF WEIGHT OR MEASURES ARE USED --

A declaration of quantity shall be:

(a) in units of weight 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", except 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 "4°C."

The meter/liter spellings are used in this article. However, the metre/litre spellings are

also acceptable.

ll 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 "4°C."

The meter/liter spellings are used in this article. However, the metre/litre spellings are

also acceptable.

(d) in units of area measure shall be in terms of the square meter, square decimeter, square

millimeter, or square centimeter.

(e) in units of volume other than liquid measure shall be in terms of the liter and milliliter, except

that the terms cubic meter and cubic centimeter will be used only when specifically

designated as a method of sale.

5.12 Symbols - Any of the following symbols for metric units, and none other may be employed in the

quantity statement on a packaged commodity:

kilogram

meter

gram

centimeter

milligram

millimeter

liter

square meter

m 2

milliliter

square centimeter

cm 2

cubic meter

m 3

cubic centimeter

cm 3

(a) Symbols, except for liter, 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 singular form

- do not add "s" to express the plural when the symbol is used.

(b) The "L" symbol for liter and "mL" symbol for milliliter are preferred; however the "L" symbol for

liter and "ML" symbol for milliliter are permitted.

6. PRESCRIBED UNITS - DECLARATION OF QUANTITY FOR CONSUMER PACKAGES (Inch-

Pound System)

6.1 Less than 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;

ss than 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;

(d) in the case of liquid measure of less than 1 pint, in fluid ounces and fractions of fluid 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 three decimal places.

6.2 DUAL QUANTITY DECLARATION, Weight - On packages containing 1 pound or more, the

declaration shall be expressed in terms of the largest whole unit with any remainder expressed in

ounces and fractions of the ounce, or in fractions of the pound.

6.3 DUAL QUANTITY DECLARATION, Volume - On packages containing 1 pint or more, but less than

1 gallon, the declaration shall be 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 qt may be declared as ½ gal, and it shall be optional to include an additional

expression of net quantity in fluid ounces.

6.4 DUAL QUANTITY DECLARATION, Linear Measure - On packages containing 1 foot or more, the

declaration shall be 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

of net quantity in fluid ounces.

6.4 DUAL QUANTITY DECLARATION, Linear Measure - On packages containing 1 foot or more, the

declaration shall be 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.

6.5 DUAL QUANTITY DECLARATION, Area Measure - On packages containing 1 square foot or more

but less than 4 square feet, the declaration shall be expressed in square feet with any remainder

expressed in square inches and fractions of a square inch or in fractions of a square foot.

6.6 WHEN 4 SQUARE FEET, 4 POUNDS, 1 GALLON, OR MORE IS TO BE DECLARED, IT SHALL BE

EXPRESSED AS FOLLOWS:

(a) area measure of 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.

(b) liquid measure of 1 gallon or more, the declaration of quantity shall be expressed in terms of

the largest whole unit (gallons followed by fractions of a gallon or by the next smaller

whole unit or units).

6.7 Bi-dimension commodities - For bi-dimensional commodities (including roll-type commodities) the

quantity declaration shall be expressed in both SI and inch-pound units of measure as follows:

(a) if the area is less than 929 cm 2 (1 square foot), 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);

6.7 Bi-dimension commodities - For bi-dimensional commodities (including roll-type commodities) the

quantity declaration shall be expressed in both SI and inch-pound units of measure as follows:

(a) if the area is less than 929 cm 2 (1 square foot), 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);

(b) if the area is at least 929 cm 2 (1 square foot) but less than 37.1 dm 2 (4 square feet), 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. A bi-dimensional commodity of 4 inches (10 cm) width 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. A dimension of less than 2 feet may be stated in inches, and

commodities consisting of usable individual units (except roll-type commodities with

individual usable units created by perforations) require a declaration of unit area but not a

declaration of total area of all such units;

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, that no declaration of area is

required for a bi-dimensional commodity with a width of 4 inches (10 cm) or less. Bi-

dimensional commodities, with a width of 4 inches (10 cm) or less, shall have the width

expressed in 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

ressed in 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. For example: 5 cm x 9.14 m (2 in x 360 in

(10 yd) an inch-pound dimension of less than 2 feet may be stated in inches.

(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.

6.8 PRESCRIBED UNITS FOR METRIC SYSTEM -- As Follows:

When less than 1 meter, 1 square meter, 1 kilogram, or 1 liter -- the declaration of quantity

shall be expressed in terms of:

(a) in the case of length measure of less than 1 meter: in centimeters or millimeters;

(b) in the case of area measure of less than 1 square meter; in square centimeters and decimal

fractions of square centimeters;

less than 1 gram, then in milligrams;

(d) in the case of liquid or dry measure of less than one liter, in milliliters; 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 three decimal places.

6.9 1 METER, 1 SQUARE METER, 1 KILOGRAM, 1 LITER OR MORE -- To be used 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;

1 METER, 1 SQUARE METER, 1 KILOGRAM, 1 LITER OR MORE -- To be used 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;

(d) liquid or dry measure of 1 liter or more; in liters and decimal fractions to not more than three

places.

6.10 COUNT: PLY -

(a) 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 rule, include the number of plies and total number of

usable units.

(b) 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 total area measurement, number of plies, count of usable units, and

dimensions of a single usable unit.

7. SUPPLMENTARY QUANTITY DECLARATIONS

7.1 The required quantity declaration may be supplemented by one or more declarations of weight,

measure, or count, such declaration appearing other than on a 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).

arations of weight,

measure, or count, such declaration appearing other than on a 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).

7.2 When using combined metric and inch-pound declarations an equivalent statement of the net

quantity of contents in terms of either the inch-pound or metric system is not regarded as a

supplemental statement and such statement may also appear on the principal display panel;

provided, that it conforms to section 5 of this rule.

7.3 Rounding - In all conversions for the purpose of showing an equivalent metric or inch-pound quantity

to a rounded customary or metric quantity, the number of significant digits retained should be

such that accuracy is neither sacrificed nor exaggerated.

7.4 Qualification of Declaration Prohibited - In no case shall any declaration of quantity be qualified by

the addition of the words "when packed," "minimum," "not less than," or any words of similar

import; nor shall any unit of weight, measure, or count be qualified by any terms that tends to

exaggerate the amount of commodity (such as "jumbo" "giant" "full" or the like).

8. DECLARATION OF QUANTITY: NON-CONSUMER PACKAGES - GENERAL--

8.1 General - The metric and inch-pound system 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, and although non-consumer packages under this article bear only

metric declarations, this should not be construed to supersede any labeling requirements

specified in Federal law.

8.2 Location - A non-consumer package shall bear on the outside a declaration of the net quantity of

contents

sed in the declaration of quantity. Units of both systems may be combined in a

dual declaration of quantity, and although non-consumer packages under this article bear only

metric declarations, this should not be construed to supersede any labeling requirements

specified in Federal law.

8.2 Location - A non-consumer 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 as set forth in section 5 of

this rule.

8.3 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; or,

in the term of dry measure, if the commodity is dry; 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.

8.4 When using inch-pound units relating to a declaration of quantity they shall be expressed as set forth

in rule 5.8.

8.5 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 as set forth in rule 5.9.

8.6 When using metrics units relating to weights and measures a declaration shall be expressed as set

forth in rule 5.11.

8.7 Symbols -- Only those symbols as detailed in rule 5.12

set forth

in rule 5.8.

8.5 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 as set forth in rule 5.9.

8.6 When using metrics units relating to weights and measures a declaration shall be expressed as set

forth in rule 5.11.

8.7 Symbols -- Only those symbols as detailed in rule 5.12.

8.8 Character of Declaration: Average - The average quantity of contents in the package of a

particular lot, shipment, or delivery shall at least equal the declared quantity, and no

unreasonable shortage in any single package shall be permitted, even though overages in other

packages in the same shipment, delivery, or lot compensate for such shortage.

9. LABELING - PROMINENCE AND PLACEMENT: CONSUMER PACKAGES --

9.1 General - 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.

9.2 Location - The declaration of declarations or 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

additional requirements in rule 9.7(b).

9.3 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

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.

9.4 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.

9.5 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.

9.6 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.

9.7 In calculating the area of principal display panel for purpose of type size, the area of the

principal display panel shall be:

(a) in the case of a rectangular container, one entire side which properly can be considered to be

the principal display panel, the product of the height times the width of that side;

(b) In the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the

height of the container times the circumference; or

of type size, the area of the

principal display panel shall be:

(a) in the case of a rectangular container, one entire side which properly can be considered to be

the principal display panel, the product of the height times the width of that side;

(b) In the case of a cylindrical or nearly cylindrical container, 40 percent of the product of the

height of the container times the circumference; or

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.

9.8 Minimum Height of Numbers and Letters - The height of any letter or number in the required

quantity declaration shall not be 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 lowercase or all lowercase letters are used, it is the lowercase

" o " or its equivalent that shall meet the minimum height requirement. When upper and

lowercase or all lowercase letters are used in metric 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 millimeters (1/16 inch) in height.

s are used, it is the lowercase

" o " or its equivalent that shall meet the minimum height requirement. When upper and

lowercase or all lowercase letters are used in metric 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 millimeters (1/16 inch) in height.

(a) No number or letter shall be more than three times as high as it is wide.

TABLE 1. Minimum Height of Numbers and Letters

Area of principal display panel

Minimum height of numbers

and letters

Minimum height; label

information blown, formed, or

molded on surface of container

5 square inches (in 2 ) and less

1/16 inch

1/8 inch

Greater than 5 in 2 and not greater than

25 in 2

1/8 inch

3/16 inch

Greater than 25 in 2 and not greater

than 100 in 2

3/16 Inch

1/4 inch

Greater than 100 in 2 and not greater

400 in 2

1/4 inch

5/16 inch

Greater than 400 in 2

1/2 inch

9/16 inch

10. LABELING - PROMINENCE AND PLACEMENT FOR NON-CONSUMER PACKAGES

General - All information required to appear on a non-consumer 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.

11. LABELING REQUIREMENTS FOR SPECIFIC CONSUMER COMMODITIES, PACKAGES,

CONTAINERS

11.1 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.

11.2 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

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.

11.2 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.

11.3 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.

11.4 Multi-unit Packages - Any package containing more than one individual "commodity" in package

form 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

11.5 Combination Packages -

Any packages containing individual units of dissimilar commodities (such as an antiquing or a

housecleaning kit, for example) shall bear on the label of the package a quantity declaration for

each unit (e.g. sponges and cleaner: 2 sponges, each 10 cm x 15 cm x 2 cm. 1 box cleaner, net

weight 150g).

11.6 Variety Packages - Any package containing individual units of reasonably similar but not identical

commodities shall bear on the label of the package a declaration of the number of units for each

identical commodity and the total quantity of commodity in the package by weight, volume, or

measure, (e.g. plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total)

aner, net

weight 150g).

11.6 Variety Packages - Any package containing individual units of reasonably similar but not identical

commodities shall bear on the label of the package a declaration of the number of units for each

identical commodity and the total quantity of commodity in the package by weight, volume, or

measure, (e.g. plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total).

11.7 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.

Measurement of Container-Type Commodities, How Expressed

11.8 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)

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,

Metric units – in millimeters or centimeters except a dimension of 1 meter or more will be

expressed in meters with the remainder in terms of decimal fractions of the meter.

(b) When the unit bag is characterized by two dimensions because of the absence of a gusset,

the width and length will be expressed:

For Example:

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)

For Example:

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 2.5 ft)

ecause of the absence of a gusset,

the width and length will be expressed:

For Example:

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)

For Example:

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 2.5 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 (e.g. 2 PANS, 20 cm x 20 cm (8 in X 8 in)).

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 (e.g. 24 CUPS, 177 mL

(6 fl oz) CAPACITY).

11.9 Capacity - When the functional use of the container is related by label reference 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) Inch-Pound units:

Liquid measure for containers which are intended to be used for liquids, semisolids,

viscous materials, or mixture 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 the common decimal fraction of that unit) (e.g. 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)).

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. (e.g. leaf bags - 8

BAGS, 211 L capacity, 1.21 m x 1.52 m (6 bu capacity, 4 ft x 5 ft))

S, 946

mL capacity, 15 cm x 15 cm x 10 cm (1 qt capacity, 6 in x 6 in x 4 in)).

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. (e.g. leaf bags - 8

BAGS, 211 L capacity, 1.21 m x 1.52 m (6 bu capacity, 4 ft x 5 ft)).

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,

(e.g. Garbage Can Liners - 10 LINERS, 76.2 cm x 93,9 cm, fits up to 113 L cans (2 ft 6 in,

fits up to 30 gal cans)).

(b) Metric units - Volume measure 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.

11.10 Terms - For the purpose of this section, the use of the terms "CAPACITY," "DIAMETER," and

"FLUID" is optional.

Textile Products, Threads and Yarns

11.11 Wearing Apparel - Wearing apparel (including non-textile 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.

11.12 Textiles – Bed sheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers

and pads, afghans, throws, dresser and other furniture scarves, tablecloths and napkins, flags,

curtains, drapes, dishtowels, dishcloths, 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 rule 6.7 and 6.10.

Provided, that

uilts, bedspreads, mattress covers

and pads, afghans, throws, dresser and other furniture scarves, tablecloths and napkins, flags,

curtains, drapes, dishtowels, dishcloths, 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 rule 6.7 and 6.10.

Provided, that

(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, such as

"twin," "double," "king," etc. (e.g. 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," "king," etc. (e.g. 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).

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 also shall state, the size designation of the pillow for which

pillowcase is designed, such as "youth," "standard" "queen," etc. if the item is intended to

fit such pillows. (e.g. Standard Pillowcase for 51 cm x 66 cm (20 in x 26 in) pillow, 51 cm

x 76 cm (20 in x 30 in) finished size).

statement, in centimeters and inches, of the length and width of the finished pillowcase.

The quantity statement also shall state, the size designation of the pillow for which

pillowcase is designed, such as "youth," "standard" "queen," etc. if the item is intended to

fit such pillows. (e.g. Standard Pillowcase for 51 cm x 66 cm (20 in x 26 in) pillow, 51 cm

x 76 cm (20 in x 30 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," "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 scarves, 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 metric 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.

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 metric 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 dishtowels, dishcloths, 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,

non-rectangular diapers, slip covers, 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 which are customarily

used in describing such geometric shape, (e.g. 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.

11.13 Repealed

11.14 Repealed

11.15 Sewing Threads, Handicraft Threads, and Yarns - Sewing and handicraft threads and yarns

shall be labeled as follows:

(a) The net quantity statement 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.

and the minimum

size of such remnants.

11.13 Repealed

11.14 Repealed

11.15 Sewing Threads, Handicraft Threads, and Yarns - Sewing and handicraft threads and yarns

shall be labeled as follows:

(a) The net quantity statement 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.

mark that positively identifies the manufacturer, packer, or distributor, provided that such

marks, employed to identify the vendor, shall be filed with the commissioner.

(d) Each unit of industrial thread shall be marked to show its net measure 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 which are not sold separately, shall not be required to

be individually marked to show the number of bobbins contained therein and the net

meters or yards of thread on each bobbin.

11.16 Packaged Seed - Packages of seeds intended for planting with net contents of less than 225 g or

8 oz shall be labeled in full accord with this article except as follows:

(a) The quantity statement shall appear in the upper thirty percent 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 seven grams, and in grams and in ounces for all other weights less than

225 grams or eight ounces.

n 225 g or

8 oz shall be labeled in full accord with this article except as follows:

(a) The quantity statement shall appear in the upper thirty percent 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 seven grams, and in grams and in ounces for all other weights less than

225 grams or eight ounces.

seed tapes, etc. shall be in terms of count.

12. EXEMPTIONS

12.1 Whenever any consumer package or consumer commodity is exempted from the requirements for

dual quantity declaration, the net quantity required to appear on the package shall be in terms of

the largest whole unit.

12.2 Random Packages - A random package bearing a label conspicuously declaring the net weight,

the unit price, and the total price shall be exempt from the SI units, type, size, placement, and

free area requirements of this rule. 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.

The exemption 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.

ices at the time it is

offered or exposed for sale at retail.

The exemption 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.

12.3 Small Confections - Individually wrapped pieces of "penny candy" and other confectionery of less

than 15 grams or ½ ounce net weight per individual piece shall be exempt from the labeling

requirements of this rule when the container in which such confectionery is shipped is in

conformance with the labeling requirements of this rule. Similarly, when such confectionery items

are sold in bags or boxes items shall be exempt from the labeling requirements of this rule

including the required declaration of net quantity of contents, when the declaration of the bag or

box meets the requirements of this rule.

12.4 Individual Servings - Individual-serving size packages of food containing less than 15 grams or

1/2 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 rule.

12.5 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 rule such individual cuts, plugs, and twists of tobacco and cigars shall be

exempt from such labeling requirements.

12.6 Reusable (Returnable) Glass Containers - Nothing in this rule shall be deemed to preclude the

continued use of reusable (returnable) glass containers provided, that such glass containers

ordered after the effective date of this rule shall conform to all requirements of this rule

e such individual cuts, plugs, and twists of tobacco and cigars shall be

exempt from such labeling requirements.

12.6 Reusable (Returnable) Glass Containers - Nothing in this rule shall be deemed to preclude the

continued use of reusable (returnable) glass containers provided, that such glass containers

ordered after the effective date of this rule shall conform to all requirements of this rule.

12.7 Cigarettes and Small Cigars - Cartons of cigarettes and small cigars, containing ten individual

packages of twenty, labeled in accordance with the requirements of this rule, shall be exempt

from the requirements set forth in 9.2, 9.8(a) and 11.4(a).

12.8 Packaged Commodities with Labeling Requirements Specified in Federal Law - Packages of

meat and meat products, poultry products, tobacco and tobacco products, insecticides,

fungicides, rodenticides, and alcoholic beverages shall be exempt from those portions of this rule

requiring dual declaration in customary units and specifying location and minimum type size of

the net quantity declaration provided, that quantity labeling requirements for such products are

specified in Federal Law, so as to follow reasonably sound principles of providing consumer

information.

12.9 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 1/2 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," in sizes allowable

by Method-of-Sale of Commodities are exempt from the requirements of 9.2 declaration

of net contents be located within the bottom 30 percent of the principal display panel.

pressed as 1/2 pint and 1/2 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," in sizes allowable

by Method-of-Sale of Commodities are exempt from the requirements of 9.2 declaration

of net contents be located within the bottom 30 percent of the principal display panel.

pint, 1 pt, 1 qt, ½ gal, and 1 gal capacities are exempt from the placement requirement of

section 8.2, Location, that the declaration of net contents be located within the bottom

30% 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 glass or plastic container that is at or above the shoulder of the

container.

12.10 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 5.8(b) to the extent that the 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.

rength 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 5.8(b) to the extent that the 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 rule 9.2 that the

declaration of net contents be located within the bottom 30 percent of the principal

display panel; provided that 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.

12.11 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 article appears only on the

bottle closure.

12.12 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

le closure.

12.12 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.

12.13 Butter - When packaged in 4 oz, 8 oz, and 1 lb packages with continuous label copy wrapping,

butter is exempt from the requirements 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 1-

pound units, butter is exempt from the requirement for location of net quantity declaration.

12.14 Eggs - Cartons containing 12 eggs shall be exempt from the requirement 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 rule if the undivided carton conforms to all such

requirements.

12.15 Flour - Packages of wheat flour in conventional 2, 5, 10, 25, 50 and 100 lb packages shall be

exempt from the requirement in this rule for location of the net quantity declaration.

12.16 Small Packages - On a principal display panel of 32 square centimeters or five square inches 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 rule.

12.17 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 ounce) or less, may be a tear-away tag

ent of the principal display

panel if that declaration satisfies the other requirements of this rule.

12.17 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 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 rule.

12.18 Combination and Variety Packages - Combination packages are exempt from the requirements

in this rule for:

(a) Location

(b) Free Area

12.19 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 rule (9.2) for location of the net quantity declaration.

12.20 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 rule for location of the net

quantity declaration.

12.21 Prescription and Insulin Containing Drugs - Prescription and insulin-containing drugs subject

to the provisions of Section 503 (b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall

be exempt from the provisions of this rule.

12.22 Repealed

12.23 Tint Base Paint -

d 100-pound bags shall be exempt from the requirement in this rule for location of the net

quantity declaration.

12.21 Prescription and Insulin Containing Drugs - Prescription and insulin-containing drugs subject

to the provisions of Section 503 (b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall

be exempt from the provisions of this rule.

12.22 Repealed

12.23 Tint Base Paint -

(a) Tint base paint may be labeled on the principal display panel, as required by this rule, in

terms of a liter, 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 liter, 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.

(b) 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 rule.

12.24 Repealed

12.25 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 section 3 of this rule 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 ¼ inch

d in cans bearing the principal display panel on the

body of the container are exempt from the requirements of section 3 of this rule 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 ¼ inch.

12.26 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, size of letters or numbers, free area, 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 rule, and further provided that the

information on such permanently attached label be fully observable to the purchaser.

12.27 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 section 5 of this

rule 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.

12.28 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 rule except that those containing 6 or less items need not include a statement of count.

net weight.

12.28 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 rule except that those containing 6 or less items need not include a statement of count.

13. PACKAGING VARIATIONS TO BE ALLOWED -

13.1 Variation 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 quantity of contents in the

packages of a particular commodity, or 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 single 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.

13.2 Variation 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 that 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

t 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 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.

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.

14 - 16. RESERVED

17. STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

The statements of basis and purpose for some rule changes are no longer in the Department files and are

presumably in the state archives.

17.1 Adopted November 12, 2013 – Effective December 30, 2013

STAUTORY AUTHORITY:

The Commissioner of Agriculture, is authorized to adopt these permanent rules pursuant to Section 35-

14-107(1)(o), and Section 35-14-118, C.R.S.

PURPOSE:

The specific purposes of these rule changes are as follows:

1. Correct typographical errors throughout the rule.

2. Updates language so that this rule is in uniformity with the national standard model law that is

published in the National Institute of Standards and Technology Handbook 130 Packaging and

Labeling Regulation which is adopted and/or followed by other states.

3. Deletes rule(s) that are no longer necessary and that do not exist in current national model law.

FACTUAL AND POLICY ISSUES:

e rule.

2. Updates language so that this rule is in uniformity with the national standard model law that is

published in the National Institute of Standards and Technology Handbook 130 Packaging and

Labeling Regulation which is adopted and/or followed by other states.

3. Deletes rule(s) that are no longer necessary and that do not exist in current national model law.

FACTUAL AND POLICY ISSUES:

1. The purpose of Colorado having a uniform packaging and labeling rule in accordance with the national

model law described in the National Institute of Standards and Technology Handbook 130 is to

achieve, to the maximum extent possible, uniformity in weights and measures laws among each

state in order to facilitate within Colorado, and also between each state, fair competition among

businesses, to provide uniform and sufficient protection to all consumers, to allow them to make

an informed decision and facilitate a value comparison in the purchase of packaged commodities.

This revised rule is now updated to reflect the national standard model regulation developed by

the National Conference on Weights and Measures, an organization of state regulatory officials

and industry stakeholders. This rule now promotes standardization of packaging and labeling of

commodities amongst the states. The revised rule, patterned after the national model law, is what

packagers nationally must currently comply with in the other states as well.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.