(a) The authority to promulgate regulations for the efficientenforcement of this Article is hereby vested in the Board of Agriculture,except the Commissioner of Agriculture is hereby authorized to promulgateregulations under G.S. 106‑131 and 106‑135. The Board andCommissioner are hereby authorized to make the regulations promulgated underthis Article conform, insofar as practicable, with those promulgated for foods,drugs, devices, cosmetics and consumer commodities under the federal act,including but not limited to pesticide chemical residues on or in foods, foodadditives, color additives, special dietary foods, labeling of margarine forretail sale or distribution, nutritional labeling of foods, the fair packagingand labeling of consumer commodities and new drug clearance. Notwithstandingthe provisions of subsection (e) of this section, a federal regulation adoptedby the Board or Commissioner pursuant to this Article shall take effect in thisState on the date it becomes effective as a federal regulation.
(b) The Board may promulgate regulations exempting from anyaffirmative labeling requirement of this Article consumer commodities whichare, in accordance with the practice of the trade, to be processed, labeled orrepacked in substantial quantities at establishments other than those whereoriginally processed or packed, on condition that such consumer commodities arenot adulterated or misbranded under the provisions of this Article upon removalfrom such processing, labeling or repacking establishment. The Board mayadditionally promulgate regulations exempting from any labeling requirement ofthis Article foods packaged or dispensed at the direction of the retailpurchaser at the time of sale, whether or not for immediate consumption by thepurchaser on the premises of the seller.
(c) Whenever the Board determines that regulations containingprohibitions or requirements other than those prescribed by G.S. 106‑139.1(a)are necessary to prevent the deception of consumers or to facilitate valuecomparisons as to any consumer commodity, the Board shall promulgate withrespect to that commodity regulations effective to:
(1) Establish and define standards for the characterization ofthe size of a package enclosing any consumer commodity, which may be used tosupplement the label statement of net quantity of contents of packagescontaining such commodity, but this paragraph shall not be construed asauthorizing any limitation of the size, shape, weight, dimensions, or number ofpackages which may be used to enclose any commodity;
(2) Regulate the placement upon any package containing anycommodity or upon any label affixed to such commodity, of any printed matterstating or representing by implication that such commodity is offered forretail sale at a price lower than the ordinary and customary retail sale priceor that a retail sale price advantage is accorded to purchasers thereof byreason of the size of that package or the quantity of its contents;
(3) Require that the label on each package of a consumercommodity bear
a. The common or usual name of such consumer commodity, if any,and
b. In case such consumer commodity consists of two or moreingredients, the common or usual name of each such ingredient listed in orderof decreasing predominance, but nothing in this paragraph shall be deemed torequire that any trade secret be divulged; or
(4) Prevent the nonfunctional slack‑fill of packagescontaining consumer commodities.
For the purposes of subdivision (4) of this subsection, apackage shall be deemed to be nonfunctionally slack‑filled if it isfilled of substantially less than its capacity for reasons other than
a. Protection of the contents of such package, or
b. The requirements of machines used for enclosing the contentsin such package;
provided, the Board may adopt any regulations promulgatedpursuant to the Federal Fair Packaging and Labeling Act which shall have theforce and effect of law in this State.
(d) Hearings authorized or required by G.S. 106‑131 orG.S. 106‑135 shall be conducted in accordance with Chapter 150B of theGeneral Statutes.
(e) Repealed by Session Laws 1987, c. 827, s. 30 (1939, c. 320, s. 20; 1973, c. 476, s. 128; 1975, c.614, s. 36; 1987, c. 827, s. 30.)
(a) The authority to promulgate regulations for the efficientenforcement of this Article is hereby vested in the Board of Agriculture,except the Commissioner of Agriculture is hereby authorized to promulgateregulations under G.S. 106‑131 and 106‑135. The Board andCommissioner are hereby authorized to make the regulations promulgated underthis Article conform, insofar as practicable, with those promulgated for foods,drugs, devices, cosmetics and consumer commodities under the federal act,including but not limited to pesticide chemical residues on or in foods, foodadditives, color additives, special dietary foods, labeling of margarine forretail sale or distribution, nutritional labeling of foods, the fair packagingand labeling of consumer commodities and new drug clearance. Notwithstandingthe provisions of subsection (e) of this section, a federal regulation adoptedby the Board or Commissioner pursuant to this Article shall take effect in thisState on the date it becomes effective as a federal regulation.
(b) The Board may promulgate regulations exempting from anyaffirmative labeling requirement of this Article consumer commodities whichare, in accordance with the practice of the trade, to be processed, labeled orrepacked in substantial quantities at establishments other than those whereoriginally processed or packed, on condition that such consumer commodities arenot adulterated or misbranded under the provisions of this Article upon removalfrom such processing, labeling or repacking establishment. The Board mayadditionally promulgate regulations exempting from any labeling requirement ofthis Article foods packaged or dispensed at the direction of the retailpurchaser at the time of sale, whether or not for immediate consumption by thepurchaser on the premises of the seller.
(c) Whenever the Board determines that regulations containingprohibitions or requirements other than those prescribed by G.S. 106‑139.1(a)are necessary to prevent the deception of consumers or to facilitate valuecomparisons as to any consumer commodity, the Board shall promulgate withrespect to that commodity regulations effective to:
(1) Establish and define standards for the characterization ofthe size of a package enclosing any consumer commodity, which may be used tosupplement the label statement of net quantity of contents of packagescontaining such commodity, but this paragraph shall not be construed asauthorizing any limitation of the size, shape, weight, dimensions, or number ofpackages which may be used to enclose any commodity;
(2) Regulate the placement upon any package containing anycommodity or upon any label affixed to such commodity, of any printed matterstating or representing by implication that such commodity is offered forretail sale at a price lower than the ordinary and customary retail sale priceor that a retail sale price advantage is accorded to purchasers thereof byreason of the size of that package or the quantity of its contents;
(3) Require that the label on each package of a consumercommodity bear
a. The common or usual name of such consumer commodity, if any,and
b. In case such consumer commodity consists of two or moreingredients, the common or usual name of each such ingredient listed in orderof decreasing predominance, but nothing in this paragraph shall be deemed torequire that any trade secret be divulged; or
(4) Prevent the nonfunctional slack‑fill of packagescontaining consumer commodities.
For the purposes of subdivision (4) of this subsection, apackage shall be deemed to be nonfunctionally slack‑filled if it isfilled of substantially less than its capacity for reasons other than
a. Protection of the contents of such package, or
b. The requirements of machines used for enclosing the contentsin such package;
provided, the Board may adopt any regulations promulgatedpursuant to the Federal Fair Packaging and Labeling Act which shall have theforce and effect of law in this State.
(d) Hearings authorized or required by G.S. 106‑131 orG.S. 106‑135 shall be conducted in accordance with Chapter 150B of theGeneral Statutes.
(e) Repealed by Session Laws 1987, c. 827, s. 30 (1939, c. 320, s. 20; 1973, c. 476, s. 128; 1975, c.614, s. 36; 1987, c. 827, s. 30.)
(a) The authority to promulgate regulations for the efficientenforcement of this Article is hereby vested in the Board of Agriculture,except the Commissioner of Agriculture is hereby authorized to promulgateregulations under G.S. 106‑131 and 106‑135. The Board andCommissioner are hereby authorized to make the regulations promulgated underthis Article conform, insofar as practicable, with those promulgated for foods,drugs, devices, cosmetics and consumer commodities under the federal act,including but not limited to pesticide chemical residues on or in foods, foodadditives, color additives, special dietary foods, labeling of margarine forretail sale or distribution, nutritional labeling of foods, the fair packagingand labeling of consumer commodities and new drug clearance. Notwithstandingthe provisions of subsection (e) of this section, a federal regulation adoptedby the Board or Commissioner pursuant to this Article shall take effect in thisState on the date it becomes effective as a federal regulation.
(b) The Board may promulgate regulations exempting from anyaffirmative labeling requirement of this Article consumer commodities whichare, in accordance with the practice of the trade, to be processed, labeled orrepacked in substantial quantities at establishments other than those whereoriginally processed or packed, on condition that such consumer commodities arenot adulterated or misbranded under the provisions of this Article upon removalfrom such processing, labeling or repacking establishment. The Board mayadditionally promulgate regulations exempting from any labeling requirement ofthis Article foods packaged or dispensed at the direction of the retailpurchaser at the time of sale, whether or not for immediate consumption by thepurchaser on the premises of the seller.
(c) Whenever the Board determines that regulations containingprohibitions or requirements other than those prescribed by G.S. 106‑139.1(a)are necessary to prevent the deception of consumers or to facilitate valuecomparisons as to any consumer commodity, the Board shall promulgate withrespect to that commodity regulations effective to:
(1) Establish and define standards for the characterization ofthe size of a package enclosing any consumer commodity, which may be used tosupplement the label statement of net quantity of contents of packagescontaining such commodity, but this paragraph shall not be construed asauthorizing any limitation of the size, shape, weight, dimensions, or number ofpackages which may be used to enclose any commodity;
(2) Regulate the placement upon any package containing anycommodity or upon any label affixed to such commodity, of any printed matterstating or representing by implication that such commodity is offered forretail sale at a price lower than the ordinary and customary retail sale priceor that a retail sale price advantage is accorded to purchasers thereof byreason of the size of that package or the quantity of its contents;
(3) Require that the label on each package of a consumercommodity bear
a. The common or usual name of such consumer commodity, if any,and
b. In case such consumer commodity consists of two or moreingredients, the common or usual name of each such ingredient listed in orderof decreasing predominance, but nothing in this paragraph shall be deemed torequire that any trade secret be divulged; or
(4) Prevent the nonfunctional slack‑fill of packagescontaining consumer commodities.
For the purposes of subdivision (4) of this subsection, apackage shall be deemed to be nonfunctionally slack‑filled if it isfilled of substantially less than its capacity for reasons other than
a. Protection of the contents of such package, or
b. The requirements of machines used for enclosing the contentsin such package;
provided, the Board may adopt any regulations promulgatedpursuant to the Federal Fair Packaging and Labeling Act which shall have theforce and effect of law in this State.
(d) Hearings authorized or required by G.S. 106‑131 orG.S. 106‑135 shall be conducted in accordance with Chapter 150B of theGeneral Statutes.
(e) Repealed by Session Laws 1987, c. 827, s. 30 (1939, c. 320, s. 20; 1973, c. 476, s. 128; 1975, c.614, s. 36; 1987, c. 827, s. 30.)
