FAIR PACKAGING AND LABELING ACT

FAIR PACKAGING AND LABELING ACT

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

§1451. Congressional Delegation of Policy.

Informed consumers are essential to the fair and efficient

functioning of a free market economy. Packages and their labels

should enable consumers to obtain accurate information as to the

quantity of the contents and should facilitate value comparisons.

Therefore, it is hereby declared to be the policy of the Congress

to assist consumers and manufacturers in reaching these goals in

the marketing of consumer goods.

§1452. Unfair and Deceptive Packaging and Labeling: Scope of

Prohibition.

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(a) Nonconforming labels

It shall be unlawful for any person engaged in the packaging or

labeling

of

any

consumer

commodity

(as

defined

in

this

chapter)

for

distribution in commerce, or for any person (other than a common

carrier

for

hire,

a

contract

carrier

for

hire,

or

a

freight

forwarder

for hire) engaged in the distribution in commerce of any packaged

or labeled consumer commodity, to distribute or to cause to be

distributed in commerce any such commodity if such commodity is

contained in a package, or if there is affixed to that commodity

a label, which does not conform to the provisions of this chapter

and

of

regulations

promulgated

under

the

authority

of

this

chapter.

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(b) Exemptions

The prohibition contained in subsection (a) of this section shall

not apply to persons engaged in business as wholesale or retail

distributors

of

consumer

commodities

except

to

the

extent

that

such

persons (1) are engaged in the packaging or labeling of such

commodities, or (2) prescribe or specify by any means the manner

in which such commodities are packaged or labeled.

§1453.

Requirements

of

Labeling;

Placement,

Form,

and

Contents

of

Statement of Quantity; Supplemental Statement of Quantity.

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(a) Contents of label

No person subject to the prohibition contained in section 1452 of

this title shall distribute or cause to be distributed in commerce

any packaged consumer commodity unless in conformity with

regulations which shall be established by the promulgating

authority

pursuant

to

section

1455

of

this

title

which

shall

provide

that -

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?

?

(1) The commodity shall bear a label specifying the identity

of the commodity and the name and place of business of the

manufacturer, packer, or distributor;

(2) The net quantity of contents (in terms of weight or mass,

measure,

or

numerical

count)

shall

be

separately

and

accurately

stated in a uniform location upon the principal display panel

of that label, using the most appropriate units of both the

customary inch/pound system of measure, as provided in

paragraph (3) of this subsection, and, except as provided in

paragraph (3)(A)(ii) or paragraph (6) of this subsection, the

SI metric system;

(3) The separate label statement of net quantity of contents

appearing upon or affixed to any package -

o

(A)

?

(i)

if

on

a

package

labeled

in

terms

of

weight,

shall

be expressed in pounds, with any remainder in terms

of

ounces

or

common

or

decimal

fractions

of

the

pound;

or

in

the

case

of

liquid

measure,

in

the

largest

whole

unit (quarts, quarts and pints, or pints, as

appropriate) with any remainder in terms of fluid

ounces or common or decimal fractions of the pint or

quart;

?

(ii)

if

on

a

random

package,

may

be

expressed

in

terms

of pounds and decimal fractions of the pound carried

?

?

out to not more than three decimal places and is not

required

to,

but

may,

include

a

statement

in

terms

of

the

SI

metric

system

carried

out

to

not

more

than

three

decimal places;

?

(iii) if on a package labeled in terms of linear

measure, shall be expressed in terms of the largest

whole unit (yards, yards and feet, or feet, as

appropriate)

with

any

remainder

in

terms

of

inches

or

common or decimal fractions of the foot or yard;

?

(iv) if on a package labeled in terms of measure of

area,

shall

be

expressed

in

terms

of

the

largest

whole

square unit (square yards, square yards and square

feet, or square feet, as appropriate) with any

remainder in terms of square inches or common or

decimal fractions of the square foot or square yard;

o

(B) shall appear in conspicuous and easily legible type

in distinct contrast (by topography, layout, color,

embossing, or molding) with other matter on the package;

o

(C)

shall

contain

letters

or

numerals

in

a

type

size

which

shall be

?

(i) established in relationship to the area of the

principal display panel of the package, and

?

(ii) uniform for all packages of substantially the

same size; and

o

(D) shall be so placed that the lines of printed matter

included in that statement are generally parallel to the

base on which the package rests as it is designed to be

displayed; and

(4)

The

label

of

any

package

of

a

consumer

commodity

which

bears

a

representation

as

to

the

number

of

servings

of

such

commodity

contained in such package shall bear a statement of the net

quantity (in terms of weight or mass, measure, or numerical

count) of each such serving.

(5)

For

purposes

of

paragraph

(3)(A)(ii)

of

this

subsection

the

term ''random package'' means

a package

which

is one

of a

lot,

?

shipment, or delivery of packages of the same consumer

commodity with varying weights or masses, that is, packages

with no fixed weight or mass pattern.

(6)

The

requirement

of

paragraph

(2)

that

the

statement

of

net

quantity of contents include a statement in terms of the SI

metric

system

shall

not

apply

to

foods

that

are

packaged

at

the

retail store level.

(b) Supplemental statements

?

No person subject to the prohibition contained in section 1452 of

this title shall distribute or cause to be distributed in commerce

any

packaged

consumer

commodity if any qualifying

words

or

phrases

appear in conjunction with the separate statement of the net

quantity of contents required by subsection (a) of this section,

but nothing in this subsection or in paragraph (2) of subsection

(a)

of

this

section

shall

prohibit

supplemental

statements,

at

other

places on the package, describing in nondeceptive terms the net

quantity of contents:

Provided,

That such supplemental statements

of net quantity of contents shall not include any term qualifying

a

unit

of

weight

or

mass,

measure,

or

count

that

tends

to

exaggerate

the amount of the commodity contained in the package.

§1454. Rules and Regulations.

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(a) Promulgating authority

The

authority

to

promulgate

regulations

under

this

chapter

is

vested

in (A) the Secretary of Health and Human Services (referred to

hereinafter as the ''Secretary'') with respect to any consumer

commodity which is a food, drug, device, or cosmetic, as each such

term

is

defined

by

section

321

of

title

21;

and

(B)

the

Federal

Trade

Commission (referred to hereinafter as the ''Commission'') with

respect to any other consumer commodity.

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(b) Exemption of commodities from regulations

If

the

promulgating

authority

specified

in

this

section

finds

that,

because of the nature, form, or quantity of a particular consumer

commodity,

or

for

other

good

and

sufficient

reasons,

full

compliance

with all the requirements otherwise applicable under section 1453

of

this

title

is

impracticable

or

is

not

necessary

for

the

adequate

protection

of

consumers,

the

Secretary

or

the

Commission

(whichever

the case may be) shall promulgate regulations exempting such

commodity from those requirements to the extent and under such

conditions as the promulgating authority determines to be

consistent with section 1451 of this title.

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(c) Scope of additional regulations

Whenever the promulgating authority determines that regulations

containing

prohibitions

or

requirements

other

than

those

prescribed

by

section

1453

of

this

title

are

necessary

to

prevent

the

deception

of consumers or to facilitate value comparisons as to any consumer

commodity, such authority shall promulgate with respect to that

commodity regulations effective to -

?

?

?

(1)

establish

and

define

standards

for

characterization

of

the

size of a package enclosing any consumer commodity, which may

be used to supplement the label statement of net quantity of

contents of packages containing such commodity, but this

paragraph

shall

not

be

construed

as

authorizing

any

limitation

on the size, shape, weight or mass, dimensions, or number of

packages which may be used to enclose any commodity;

(2) regulate the placement upon any package containing any

commodity,

or

upon

any

label

affixed

to

such

commodity,

of

any

printed

matter

stating

or

representing

by

implication

that

such

commodity

is

offered for

retail sale

at a

price lower than the

ordinary

and

customary

retail

sale

price

or

that

a

retail

sale

price

advantage

is

accorded

to

purchasers

thereof

by

reason

of

the size of that package or the quantity of its contents;

(3) require that the label on each package of a consumer

commodity (other than one which is a food within the meaning

?

of

section

321(f)

of

title

21)

bear

(A)

the

common

or

usual

name

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

consumer commodity consists of two or more ingredients, the

common or usual name of each such ingredient listed in order

of

decreasing

predominance,

but

nothing

in

this

paragraph

shall

be deemed to require that any trade secret be divulged; or

(4) prevent the nonfunctional-slack-fill of packages

containing

consumer

commodities.

For

purposes

of

paragraph

(4)

of this subsection, a package shall be deemed to be

nonfunctionally slack-filled if it

is filled to substantially

less than its capacity for reasons other than (A) protection

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

machines used for enclosing the contents in such package.

(d) Development by manufacturers, packers, and distributors

of voluntary product standards

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Whenever the Secretary of Commerce determines that there is undue

proliferation of the weights or masses, measures,

or

quantities in

which any consumer commodity or reasonably comparable consumer

commodities are being distributed in packages for sale at retail

and such undue proliferation impairs the reasonable ability of

consumers to make value comparisons with respect to such consumer

commodity

or

commodities,

he

shall

request

manufacturers,

packers,

and

distributors of the commodity or commodities to participate in

the

development of

a voluntary

product standard for such commodity

or

commodities

under

the

procedures

for

the

development

of

voluntary

products

standards

established

by

the

Secretary

pursuant

to

section

272 of this title. Such procedures shall provide adequate

manufacturer, packer, distributor, and consumer representation.

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(e) Report and recommendations to Congress upon industry

failure to develop or abide by voluntary product standards

If (1) after one year after the date on which the Secretary of

Commerce first makes the request of manufacturers, packers, and

distributors to participate in the development of a voluntary