Sec. 42-115k. Labeling of commodity package.
Sec. 42-115k. Labeling of commodity package. Except as otherwise provided in
sections 42-115g to 42-115q, inclusive, any commodity in package form introduced or
delivered for introduction into or received in intrastate commerce, kept for the purpose
of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside
of the package such definite, plain and conspicuous declarations of (1) the identity of
the commodity in the package unless the same can easily be identified through the
wrapper or containers, (2) the net quantity of the contents in terms of weight, measure
or count and (3), in the case of any package kept, offered or exposed for sale, or sold
any place other than on the premises where packed, the name or a registered trademark
of the manufacturer, packer, or distributor as may be prescribed by regulation by the
commissioner; provided, in connection with the declaration required under subdivision
(2) of this section, neither the qualifying term "when packed" or any words of similar
import, nor such terms qualifying a unit of weight, measure or count as "jumbo", "giant",
"full" and the like, that tend to exaggerate the amount of commodity in a package, shall
be used; and provided under said subdivision (2) the commissioner shall, by regulation,
establish (A) reasonable variations to be allowed, which may include variations below
the declared weight or measure caused by ordinary and customary exposure, only after
the commodity is introduced into intrastate commerce, to conditions that normally occur
in good distribution practice and that unavoidably result in decreased weight or measure,
(B) exemptions as to small packages, and (C) exemptions as to commodities put up in
variable weights or sizes for sale intact and either customarily not sold as individual
units or customarily weighed or measured at time of sale to the consumer.
(1967, P.A. 804, S. 5.)
Cited. 158 C. 543.