New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter V - Weight and Measures
Part 221 - COMMODITIES
Section 221.8 - Requirements-specific consumer commodities, packages, containers

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 221.8

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Display card package. For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.

(b) Eggs. When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.

(c) Aerosols and similar pressurized containers. The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.

(d) Multi-unit packages. Any package containing more than one individual "commodity in package form" (see section 221.2[a] of this Part) of the same commodity shall bear on the outside of the package a declaration of:

(1) the number of individual units;

(2) the quantity of each individual unit; and

(3) the total quantity of the contents of the multi-unit package; provided, that any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.

(e) Combination packages. Any package containing individual units of dissimilar commodities (such as an antiquing or a housecleaning kit, for example) shall bear on the label of the package a quantity declaration for each unit.

(f) Variety packages. Any package containing individual units of reasonably similar commodities (such as, for example, seasonal gift packages, variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package.

(g) Cylindrical containers. In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

(h) Measurement of container-type commodities, how expressed.

(1) General. Commodities designed and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:
(i) for bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise). When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed in centimeters or inches, except that a dimension of two feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot, or if metric dimensions are used, a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter. When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, in terms of centimeters or inches, except that any dimension of two feet or more will be expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot, or if metric dimensions are used, a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter;

(ii) for other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than five centimeters or two inches; and

(iii) for circular or other generally round-shaped containers, except cups and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than five centimeters or two inches.

(2) Capacity. When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances such references shall be a part of the net quantity statement and shall specify capacity as follows:
(i) liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce, liter, or milliliter), with any remainder in terms of the common or decimal fraction of that unit;

(ii) dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck, or liter), with any remainder in terms of the common or decimal fraction of that unit; and

(iii) where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent container.

Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit. For purposes of this section, the use of the terms "capacity", "diameter", and "fluid" is optional.

(i) Textile products, threads, and yarns.

(1) Wearing apparel. Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count, as required by section 221.5(f) of this Part.

(2) Textiles. Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be exempt from the requirements of subdivisions 221.5(m) and (n) of this Part; provided, that:
(i) the quantity statement for fitted sheets and mattress covers shall state, in centimeters or inches, the length and width of the mattress for which the item is designed, such as "twin", "double", "king", etc;

(ii) the quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin", "double", "king", etc. The quantity statement also shall state, in centimeters or inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished sheet;

(iii) the quantity statement for pillowcases shall state the size designation of he pillow for which the pillowcase is designed, such as "youth", "standard", and "queen", etc. The quantity statement also shall state, in centimeters or inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished pillowcase;

(iv) the quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as "twin", "double", "king", etc;

(v) the quantity statement for tablecloths and napkins shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or inches, the length and width of the item before hemming and properly identified as such;

(vi) the quantity statement for curtains, drapes, flags, furniture scarfs, etc. shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation;

(vii) the quantity statement for carpets and rugs shall state, in meters or feet, with any remainder in decimal fractions of the meter for metric sizes or common or decimal fractions of the foot or in inches for customary sizes, the length and width of the item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation;

(viii) the quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc. shall state, in centimeters or inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions;

(ix) the quantity statement for textile products, such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc. shall be stated in terms of count and may include size designations and dimensions;

(x) the quantity statement for other than rectangular textile products identified in subparagraph (i) through (viii) of this paragraph shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape; and

(xi) the quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants.

(3) Textiles; variations from declared dimensions.
(i) For an item with no declared dimension less than 60 centimeters or 24 inches, a minus variation greater than three percent of a declared dimension and a plus variation greater than six percent of a declared dimension should be considered unreasonable.

(ii) For an item with a declared dimension less than 60 centimeters or 24 inches, a minus variation greater than six percent of a declared dimension and a plus variation greater than 12 percent of a declared dimension should be considered unreasonable.

(4) Exemption; variety textile packages. Variety packages of textiles, which are required by reason of section 221.5(g) of this Part to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this regulation for:
(i) location, section 221.6(b) of this Part;

(ii) free area, section 221.6(e) of this Part; and

(iii) minimum height of numbers and letters, section 221.6(h) of this Part.

(5) Sewing threads, handicraft threads, and yarns. Sewing and handicraft threads shall be exempt from the requirements of section 221.5(n) (2) (i) of this Part; provided, that:
(i) the net quantity statement for sewing and handicraft threads shall be expressed in terms of meters or yards;

(ii) the net quantity statement for yarns shall be expressed in terms of weight;

(iii) thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the commissioner; and

(iv) each unit of industrial thread shall be marked to show its net measure in terms of meters or yards or its net weight in terms of kilograms or grams or avoirdupois pounds or ounces, excpt that ready-wound bobbins which are not sold separately, shall not be required to be individually marked but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net meters or yards of thread on each bobbin.

(j) Packaged seed. Packages of seeds intended for planting shall be labeled in full accord with this Part except as follows:

(1) The quantity statement shall appear in the upper 30 percent of the principal display panel.

(2) The quantity statement shall be in terms of the largest whole unit of the metric system for all weights up to seven grams, and in the metric system or in ounces for all other weights up to 225 grams or eight ounces; packaged seeds 225 grams or eight ounces or more shall not be subject to subdivision (j) of this section.

(3) The quantity statement for coated seed, encapsulated seed, pelletized seed, preplanters, seed tapes, etc., shall be in terms of count.

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