Current through Register Vol. 46, No. 39, September 25, 2024
(a) General. The International System of
Units (SI) known as the metric system and units of the customary system of
weights and measures are jointly recognized, and units of either one of these
systems may be used in a declaration of quantity. However, customary
equivalents to metric sizes must be presented on commodities until such time as
the Federal Fair Packaging and Labeling Act is amended and the commissioner
deems the consumer is adequately prepared for the sole use of metric
declarations.
(b) Largest whole
unit. Where this regulation requires that the quantity declaration be in terms
of the largest whole unit, the declaration shall, with respect to a particular
package, be in terms of the largest whole unit of weight or measure, with any
remainder expressed in:
(1) common or decimal
fractions of such largest whole unit; or
(2) the next smaller whole unit, or units,
with any further remainder in terms of common or decimal fractions of the
smallest unit present in the quantity declaration.
(c) Net quantity. The principal display panel
of a package shall bear a declaration of the net quantity of the commodity in
the package, exclusive of wrappers and any other material packed with such
commodity.
(d) Use of "net mass" or
"net weight". A quantity declaration may stand alone or may include the term
"net mass" or "net weight" either preceding or following the declaration. The
term "net" by itself may be used on food labels. However, the quantity of
contents shall always declare the net quantity of contents even when such terms
are not used.
(e) Lines or print or
type. A declaration of quantity may appear on more than one line of print or
type.
(f) Terms--weight, liquid
measure or count. The declaration of the quantity of a particular commodity
shall be expressed in terms of liquid measure, if the commodity is liquid, or
in terms of weight, if the commodity is solid, semisolid, viscous, or a mixture
of solid and liquid, or in terms of numerical count. However, if there exists a
firmly established general consumer usage and trade custom with respect to the
terms used in expressing a declaration of quantity of a particular commodity,
such declaration of quantity may be expressed in its traditional terms, if such
traditional declaration gives accurate and adequate information as to the
quantity of the commodity.
(g)
Combination declaration.
(1) Weight. A
declaration of quantity in terms of weight shall be combined with appropriate
declarations of the measure, count and size of the individual units unless a
declaration of weight alone is fully informative.
(2) Measure. A declaration of quantity in
terms of measure shall be combined with appropriate declarations of the weight,
count and size of the individual units unless a declaration of measure alone is
fully informative.
(3) Count. A
declaration of quantity in terms of count shall be combined with appropriate
declarations of the weight, measure and size of the individual units unless a
declaration of count alone is fully informative.
(h) Metric units--weight, measure. A
declaration of quantity:
(1) in units of
weight shall be in terms of the kilogram, gram or milligram;
(2) in units of liquid measure shall be in
terms of the liter or milliliter, and shall express the volume at 20 degrees C,
except in the case of petroleum products, for which the declaration shall
express the volume at 15 degrees C, and except also in the case of a commodity
that is normally sold and consumed while frozen, for which the declaration
shall express the volume at the frozen temperature, and except also in the case
of a commodity that is normally sold in the refrigerated state, for which the
declaration shall express the volume at 4 degrees C;
(3) in units of linear measure shall be in
term of the meter, centimeter, or millimeter;
(4) in units of area measure shall be in
terms of the square meter or square centimeter;
(5) in units of volume, other than liquid
measure, shall be in terms of the liter and milliliter, except that the terms
cubic meter and cubic centimeter will be used only when specifically designated
as a method of sale.
(i)
Symbols.
(1) Any of the following symbols for
metric units, and none other, may be employed in the quantity statement on a
package of commodity:
|
meter |
m |
|
centimeter |
cm |
|
millimeter |
mm |
|
square meter |
m2 |
|
square centimeter |
cm2 |
|
cubic meter |
m3 |
|
cubic centimeter |
cm3 |
|
liter |
L |
|
milliliter |
mL |
|
gram |
g |
|
kilogram |
kg |
|
milligram |
mg |
(2)
Symbols, except for liter, are not capitalized unless the unit is derived from
a proper name. Periods should not be used after the symbol. Symbols are always
written in the singular form--do not add "s" to express the plural when the
symbol is used.
(j)
Customary units--weight, measure. A declaration of quantity:
(1) in units of weight shall be in terms of
the avoirdupois pounds or ounces; except, that solder and brazing alloys
containing precious metals when packaged and labeled for retail sale are
exempted hereunder, provided, the net quantity declaration is stated in terms
of the troy pound and ounce and the term "Troy" is used in each
declaration;
(2) in units of liquid
measure shall be in terms of the United States gallon of 231 cubic inches or
liquid-quart, liquid-pint or fluid ounce subdivisions of the gallon, and shall
express the volume at 68° F, except in the case of petroleum products, for
which the declaration shall express the volume at 60° F, and except also in
the case of a commodity that is normally sold and consumed while frozen, for
which the declaration shall express the volume at the frozen temperature and
except also in the case of a commodity that is normally sold in the
refrigerated state, for which the declaration shall express the volume at
40° F;
(3) in units of linear
measure shall be in terms of the yard, foot or inch;
(4) in units of area measure shall be in
terms of the square yard, square foot or square inch;
(5) in units of dry measure shall be in terms
of the United States bushel of 2,150.42 cubic inches or peck, dry quart, and
dry pint subdivisions of the bushel;
(6) in units of cubic measure shall be in
terms of the cubic yard, cubic foot, or cubic inch.
(k) Symbols and abbreviations.
(1) Any of the following symbols and
customary units, and none other, shall be employed in the quantity statement on
a package of commodity:
|
avoirdupois |
avdp |
|
cubic |
cu |
|
feet or foot |
ft |
|
fluid |
fl |
|
gallon |
gal |
|
inch |
in |
|
liquid |
liq |
|
ounce |
oz |
|
pint |
pt |
|
pound |
lb |
|
quart |
qt |
|
square |
sq |
|
weight |
wt |
|
yard |
yd |
(2)
There normally are no periods following, nor plural forms of, symbols and
abbreviations. For example, "oz" is the symbol for both ounce and ounces. Both
upper and lower case letters are acceptable.
(l) Units with two or more meanings. When the
term "ounce" is employed in a declaration of liquid quantity, the declaration
shall identify the particular meaning of the term by the use of the term
"fluid"; however, such distinction may be omitted when, by association of terms
(for example, as in "1 pint 4 ounces"), the proper meaning is obvious. Whenever
the declaration of quantity is in terms of the dry pint or dry quart, the
declaration shall include the word "dry".
(m) Prescribed units--metric system.
(1) Less than one meter, one square meter,
one kilogram, or one liter. The declaration of quantity shall be expressed in
terms of:
(i) in the case of length measure
of less than one meter, centimeters and decimal fractions of a centimeter, but
if less than one centimeter, then in millimeters;
(ii) in the case of area measure of less than
one square meter, square centimeters and decimal fractions of square
centimeters;
(iii) in the case of
weight of less than one kilogram, grams and decimal fractions of a gram, but if
less than one gram, then in milligrams;
(iv) in the case of fluid or dry measure of
less than one liter, milliliters. Provided, that the quantity declaration
appearing on a random package may be expressed in terms of decimal fractions of
the largest appropriate unit, the fraction being carried out to not more than
three decimal places.
(2) One meter, one square meter, one
kilogram, one liter or more. In the case of:
(i) length measure of one meter or more; in
meters and decimal fractions to not more than three places;
(ii) area measure of one square meter or
more; in square meters and decimal fractions to not more than three
places;
(iii) weight of one
kilogram or more; in kilograms and decimal fractions to not more than three
places;
(iv) fluid or dry measures
of one liter or more; in liters and decimal fractions to not more than three
places.
(3) Bidimensional
commodities. For bidimensional commodities (including roll-type commodities)
the quantity declaration shall be expressed:
(i) if less than one square meter, in terms
of cm2, followed in parentheses by a declaration of length and width in
centimeters and decimal fractions;
(ii) if one square meter or more, in terms of
square meters followed in parentheses by a declaration of both length and
width, each being in terms of the meter and decimal fractions of a meter;
provided, that:
(a) no square meter
declaration is required for a bidimensional commodity of 10 centimeters width
or less, but the length and width shall be expressed in centimeters;
(b) a dimension of less than one meter may be
stated in centimeters within the parenthetical;
(c) commodities consisting of usable
individual units (except roll-type commodities with individual usable units
created by perforations, for which see subdivision [o] of this section) require
a declaration of unit area but not a declaration of total area of all such
units; and
(d) no declaration in
square units is required for commodities for which the length and width
measurements are critical in terms of end use (such as tablecloths or
bedsheets) if such commodities clearly present the length and width
measurements on the label.
(n) Prescribed units--customary system.
(1) Less than one foot, one square foot, one
pound, or one pint. The declaration of quantity shall be expressed in terms of:
(i) in the case of length measure of less
than a foot, inches and fractions of inches;
(ii) in the case of area measure of less than
one square foot, square inches and fractions of square inches;
(iii) in the case of weight of less than one
pound, ounces and fraction of ounces;
(iv) in the case of fluid measure of less
than one pint, fluid ounces and fractions of fluid ounces.
Provided, that the quantity declaration appearing on a random
package may be expressed in terms of decimal fractions of the largest
appropriate unit, the fraction being carried out to not more than three decimal
places.
(2) One
foot, one square foot, one pound, one pint, one gallon, or more. The
declaration of quantity shall be expressed in the following terms:
(i) length measure of one foot or more, the
declaration of quantity shall be expressed in terms of feet or yards with any
remainder expressed in inches and fractions of the inch or in fractions of the
foot or yard, except that it shall be optional to include a statement of length
in terms of inches ;
(ii) area
measure of one square foot or more but less than four square feet, expressed in
square feet with any remainder expressed in square inches and fractions of a
square inch or in fractions of a square foot; or
(iii) area measure of four square feet or
more, expressed in square yards or square feet with any remainder in expressed
in square inches and fractions of a square inch or in fractions of the square
foot or square yard;
(iv) weight of
one pound or more expressed in terms of the largest whole unit with any
remainder expressed in ounces and fractions of an ounce or in fractions of the
pound;
(v) fluid measure of one pint
or more but less than one gallon, expressed in quarts, quarts and pints, or
pints with any remainder expressed in fluid ounces or fractions of the pint or
quart, except that two quart may be declared as one-half gallon; or
(vi) fluid measure of one gallon or more,
expressed in terms of gallons followed by fractions of a gallon or by the next
smaller whole unit with any remainder expressed in fluid ounces or fractions of
the pint or quart;
(vii) dry measure
of one dry pint or more, expressed in terms of the largest whole unit with the
remainder expressed in fractions of a dry pint, dry quart, peck, or bushel,
provided the quantity declaration on a random package may be expressed in
decimal fractions of the largest appropriate unit carried out to no more than
three decimal places.
(3)
Bidimensional commodities. For bidimensional commodities (including roll-type
commodities) the quantity declaration shall be expressed:
(i) if less than one square foot, in terms of
linear inches and fractions of linear inches;
(ii) if at least one square foot, but less
than four square feet, in terms of square inches followed in parentheses by a
declaration of both the length and width, each being in terms of the largest
whole unit; provided, that:
(a) no square
inch declaration is required for a bidimensional commodity of four inches width
or less;
(b) a dimension of less
than two feet may be stated in inches within the parenthetical declaration;
and
(c) commodities consisting of
usable individual units (except roll-type commodities with individual usable
units created by perforations, for which see subdivision [o] of this section)
require a declaration of unit area but not a declaration of total area of all
such units;
(iii) If
four square feet or more, in terms of square feet followed in parentheses by a
declaration of the length and width in terms of the largest whole units;
provided, that:
(a) no declaration in square
feet is required for a bidimensional commodity with a width of four inches or
less;
(b) bidimensional
commodities, with a width of four inches or less, shall have the length
expressed in inches followed by a statement in parentheses of the length in the
largest whole unit;
(c) a dimension
of less than two feet may be stated in inches within the parenthetical
declaration; and
(d) no declaration
in square units is required for commodities for which the length and width
measurements are critical in terms of end use (such as tablecloths or
bedsheets) if such commodities clearly present the length and width
measurements on the label.
(o) Count; ply.
(1) If the commodity is in individually
usable units of one or more components or ply, the quantity declaration shall,
in addition to complying with other applicable quantity declaration
requirements of this Part, include the number of ply and total number of usable
units.
(2) Roll-type commodities,
when perforated so as to identify individual usable units, shall not be deemed
to be made up of usable units; however, such roll-type commodities shall be
labeled in terms of:
(i) total area
measurement;
(ii) number of
ply;
(iii) count of usable units;
and
(iv) dimensions of a single
usable unit.
(p) Fractions.
(1) Metric. A metric statement in a
declaration of net quantity of contents of any consumer commodity may contain
only decimal fractions.
(2)
Customary. A customary statement in a declaration of net quantity of contents
of any consumer commodity may contain common or decimal fractions. A common
fraction shall be in terms of halves, quarters, eights, sixteenths, or
thirty-seconds, except that:
(i) if there
exists a firmly established general consumer usage and trade custom of
employing different common fractions in the net quantity declaration of a
particular commodity, they may be employed; and
(ii) if linear measurements are required in
terms of yards or feet, common fractions may be in terms of thirds.
(3) Common fractions. A common
fraction shall be reduced to its lowest terms.
(4) Decimal fractions. A decimal fraction
shall not be carried out to more than three places.
(q) Conversion of units. In all conversions
for the purpose of showing an equivalent metric or customary quantity, the
number of significant digits retained should be such that accuracy is neither
sacrificed nor exaggerated.
(r)
Supplementary declarations.
(1) Supplementary
quantity declarations. The required quantity declaration may be supplemented by
one or more declarations of weight, measure, or count, such declaration
appearing other than on a principal display panel. Such supplemental statement
of quantity of contents shall not include any terms qualifying a unit of
weight, measure, or count that tends to exaggerate the amount of commodity
contained in the package (e.g., "giant" quart, "larger" liter, "full" gallon,
"when packed", "minimum", or words of similar import).
(2) Combined metric and customary
declarations. An equivalent statement of the net quantity of contents in terms
of either the customary or metric systems is not regarded as a supplemental
statement and such statement may also appear on the principal display panel;
provided, that it conforms to both subdivision (h) and subdivision (m) of this
section.
(3) Qualification of
declaration prohibited. In no case shall any declaration of quantity be
qualified by the addition of the words "when packed", "minimum", or "not less
than", or any words of similar import, nor shall any unit of weight, measure,
or count be qualified by any term (such as "jumbo", "giant", "full", or the
like) that tends to exaggerate the amount of commodity.
(s) Character of declaration; average. The
average net quantity of contents in the packages of a particular lot, shipment,
or delivery shall at least equal the declared net quantity 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.
