Code of Massachusetts Regulations
202 CMR - DIVISION OF STANDARDS
Title 202 CMR 3.00 - Model State Packaging And Labeling
Section 3.13 - Variations to be Allowed

Universal Citation: 202 MA Code of Regs 202.3

Current through Register 1537, December 20, 2024

(1) Packaging Variations.

(a) Variations 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 good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or a 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 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.

(b) Variations 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 202 CMR 3.13(1)(b) 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

1. directly to the purchaser or to his agent, or

2. to a common carrier for shipment to the purchaser, and 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.

(27) Magnitude of Permitted Variations. The magnitude of variations permitted under 202 CMR 3.13, 3.13(1), 3.13(1)(a), and 3.13(1)(b) shall, in the case of any shipment, delivery, or lot, be determined by the facts in the individual case.

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