§328-19.1  Consumer commodities; labeling;packaging.  (a)  All labels of consumer commodities, as defined by thispart, shall conform with the requirements for the declaration of net quantityof contents of Section 4 of the Fair Packaging and Labeling Act (15 U.S.C.1451, et seq.) and the regulations promulgated pursuant thereto; provided thatconsumer commodities exempted from such requirements of Section 4 of the FairPackaging and Labeling Act shall also be exempt from this subsection.

(b)  The label of any package of a consumercommodity which bears a representation as to the number of servings of suchcommodity contained in such package shall bear a statement of the net quantity(in terms of weight, measure, or numerical count) of each such serving.

(c)  No person shall distribute or cause to bedistributed in commerce any packaged consumer commodity if any qualifying wordsor phrases appear in conjunction with the separate statement of the netquantity of contents required by subsection (a), but nothing in this sectionshall prohibit supplemental statements, at other places on the package,describing in nondeceptive terms the net quantity of contents; provided thatsuch supplemental statements of net quantity of contents shall not include anyterm qualifying a unit of weight, measure, or count that tends to exaggeratethe amount of the commodity contained in the package.

(d)  Wherever the director determines thatregulations containing prohibitions or requirements other than those prescribedby subsection (a) of this section are necessary to prevent the deception ofconsumers or to facilitate value comparisons as to any consumer commodity, thedirector shall promulgate with respect to that commodity regulations effectiveto:

(1)  Establish and define standards for thecharacterization of the size of a package enclosing any consumer commodity,which may be used to supplement the label statement of net quantity of contentsof packages containing such commodity but this paragraph shall not be construedas authorizing any limitation on the size, shape, weight, dimensions, or numberof packages which may be used to enclose any commodity;

(2)  Regulate the placement upon any packagecontaining any commodity, or upon any label affixed to such commodity, of anyprinted matter stating or representing by implication that such commodity isoffered for retail sale at a price lower than the ordinary and customary retailsale price or that a retail sale price advantage is accorded to purchasersthereof by reason of the size of that package or the quantity of its contents;

(3)  Require that the label on each package of aconsumer commodity bear (A) the common or usual name of such consumercommodity, if any, and (B) in case such consumer commodity consists of two ormore ingredients, the common or usual name of each such ingredient listed inorder of decreasing predominance, but nothing in this paragraph shall be deemedto require that any trade secret be divulged; or

(4)  Prevent the nonfunctional slack-fill of packagescontaining consumer commodities.

For the purposes of clause (4) of thissubsection, a package shall be deemed to be nonfunctionally slack-filled if itis filled to substantially less than its capacity for reasons other than (A)protection of the contents of such package or (B) the requirements of machinesused for enclosing the contents in such packages. [L 1972, c 151, §12]

 

Cross References

 

  Measurements, packaging, and labeling, see chapter 486.