Proposed Text
CHAPTER 340
RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA WEIGHTS AND MEASURES
LAW (REPEALED)
Part I
Packaging and Labeling Requirements
2VAC5-340-10. Application. (Repealed.)
This chapter shall apply to packages and to commodities in package
form, but shall not apply to:
A. Inner wrappings not intended to be individually sold to
the customer,
B. Shipping containers or wrapping used solely for the
transportation of any commodities in bulk or in quantity to manufacturers,
packers, or processors, or to wholesale or retail distributors, but in no event
shall this exclusion apply to packages of consumer or nonconsumer commodities,
as defined herein,
C. Auxiliary containers or outer wrappings used to deliver
packages of such commodities to retail customers if such containers or
wrappings bear no printed matter pertaining to any particular commodity,
D. Containers used for retail tray pack displays when the
container itself is not intended to be sold (e.g., the tray that is used to
display individual envelopes of seasonings, gravies, etc., and the tray itself
is not intended to be sold), or
E. Open carriers and transparent wrappers or carriers for
containers when the wrappers or carriers do not bear any written, printed, or
graphic matter obscuring the label information required by this chapter.
2VAC5-340-20. Definitions. (Repealed.)
A. "Commodity in Package Form." The term
"commodity in package form" shall be construed to mean a commodity put
up or packaged in any manner in advance of sale in units suitable for either
wholesale or retail sale. An individual item or lot of any commodity not in
package form as defined in this section, but on which there is marked a selling
price based on an established price per unit of weight or of measure, shall be
construed to be a commodity in package form. Where the term "package"
is used in this chapter, it shall be construed to mean "commodity in
package form" as herein defined.
B. "Consumer Package: Package of Consumer
Commodity." A "consumer package" or "package of consumer
commodity" shall be construed to mean a commodity in package form that is
customarily produced or distributed for sale through retail sales agencies or instrumentalities
for consumption by individuals or use by individuals for the purposes of
personal care or in the performance of services ordinarily rendered in or about
the household or in connection with personal possessions.
C. "Nonconsumer Package: Package of Nonconsumer Commodity."
A "nonconsumer package" or "package of nonconsumer
commodity" shall be construed to mean any commodity in package form other
than a consumer package, and particularly a package intended solely for
industrial or institutional use or for wholesale distribution.
D. "Random Package." The term "random
package" shall be construed to mean a package that is one of a lot,
shipment, or delivery of packages of the same consumer commodity with varying
weights; that is, packages of the same consumer commodity with no fixed pattern
of weight.
E. "Label." The term "label" shall be
construed to mean any written, printed, or graphic matter affixed to, applied
to, attached to, blown into, formed, molded into, embossed on, or appearing
upon or adjacent to a consumer commodity or a package containing any consumer
commodity, for the purposes of branding, identifying, or giving any information
with respect to the commodity or to the contents of the package, except that an
inspector's tag or other nonpromotional matter affixed to or appearing upon a
consumer commodity shall not be deemed to be a label requiring the repetition
of label information required by this chapter.
F. "Person." The term "person" shall be
construed to mean both singular and plural, and shall include any individual,
partnership, company, corporation, association, and society.
G. "Principal Display Panel or Panels." The term
"principal display panel" or "panels" shall be construed to
mean that part, or those parts, of a label that is, or are, so designed as to
most likely be displayed, presented, shown, or examined under normal and
customary conditions of display and purchase. Wherever a principal display
panel appears more than once on a package, all requirements pertaining to the
"principal display panel" shall pertain to all such "principal
display panels."
H. "Multi-Unit Package." The term
"multi-unit package" shall be construed to mean a package containing
two or more individual packages of the same commodity, in the same quantity,
with the individual packages intended to be sold as part of the multi-unit
package but capable of being individually sold in full compliance with all
requirements of this chapter.
2VAC5-340-30. Declaration of identity; consumer package. (Repealed.)
A. Declaration of Identity: Consumer Package. A declaration
of identity on a consumer package shall appear on the principal display panel,
and shall positively identify the commodity in the package by its common or
usual name, description, generic term, or the like.
B. Parallel Identity Declaration: Consumer Package. A
declaration of the identity on a consumer package shall appear generally
parallel to the base on which the package rests as it is designed to be
displayed.
2VAC5-340-40. Declaration of identity; nonconsumer package.
(Repealed.)
A declaration of identity on a nonconsumer package shall appear
on the outside of a package and shall positively identify the commodity in the
package by its common or usual name, description, generic term, or the like.
2VAC5-340-50. Declaration of responsibility; consumer and
nonconsumer packages. (Repealed.)
Any package kept, offered, or exposed for sale, or sold, at
any place other than on the premises where packed shall specify conspicuously
on the label of the package the name and address of the manufacturer, packer,
or distributor. The name shall be the actual corporate name, or when not
incorporated, the name under which the business is conducted. The address shall
include street address, city, state, and zip code; however, the street address
may be omitted if this is shown in a current city directory or telephone
directory.
If a person manufactures, packs, or distributes a commodity
at a place other than his principal place of business, the label may state the
principal place of business in lieu of the actual place where the commodity was
manufactured or packed or is to be distributed, unless such statement would be
misleading. Where the commodity is not manufactured by the person whose name
appears on the label, the name shall be qualified by a phrase that reveals the
connection such person has with such commodity, such as "Manufactured for
and packed by__________," "Distributed by__________," or any
other wording of similar import that expresses the facts.
2VAC5-340-60. Declaration of quantity; consumer packages.
(Repealed.)
A. General.1 The metric and inch-pound systems of
weights and measures are recognized as proper systems to be used in the
declaration of quantity. Units of both systems may be presented in a dual
declaration of quantity.
B. Largest Whole Unit. Where this chapter 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 (following the
requirements of subsection S of this section):
1. Inch-Pound Units.
a. In common or decimal fractions of such largest whole
unit, or in
b. 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.
2. Metric Units, in decimal fractions of such largest whole
unit.
C. Net Quantity. A declaration of net quantity of the
commodity in the package, exclusive of wrappers and any other material packed
with such commodity (except as noted in 2VAC5-340-100 C), shall appear on the
principal display panel of a consumer package and, unless otherwise specified
in this chapter (see subsections J through Q 3 of this section), shall be in
terms of the largest whole unit.
1. Use of "Net Weight." The term "net
weight" shall be used in conjunction with the declaration of quantity in
units of weight. The term may either precede or follow the declaration of
weight.
2. Lines of Print or Type. A declaration of quantity may
appear on one or more lines of print or type.
D. Terms: Weight, Liquid Measure, Dry 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 dry measure if the
commodity is dry, 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 a 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.
1. Combination Declaration.
a. 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.
b. 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.
c. 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.
E. Inch-Pound Units: Weight, Measure. A declaration of
quantity:
1. In units of weight, shall be in terms of the avoirdupois
pound or ounce;
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 or distilled spirits, 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, and except also in the
case of malt beverages, for which the declaration shall express the volume at
39.1°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 volume measure, shall be in terms of the
cubic yard, cubic foot, or cubic inch;
6. In units of dry measure, shall be in terms of the United
States bushel of 2150.42 cubic inches, or peck, dry-quart, and dry-pint
subdivisions of the bushel.
F. Symbols and Abbreviations. Any of the following symbols
and abbreviations, and none other, shall be employed in the quantity statement
on a package of commodity:
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(There normally are no periods following, nor plural forms
of, symbols. For example, "oz" is the symbol for both
"ounce" and "ounces." Both upper and lower case letters are
acceptable.)
G. 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 "20 fluid ounces, 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."
H. Metric Units: Weight, Measure. A declaration of quantity
in:
1. Units of weight shall be in terms of the kilogram, gram,
or milligram;
2. Units of liquid measure shall be in terms of the liter or
milliliter, and shall express the volume at 20°C, except in the case of petroleum
products or distilled spirits, for which the declaration shall express the
volume at 15°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 malt beverages
or a commodity that is normally sold in the refrigerated state, for which the
declaration shall express the volume at 4°C;
3. Units of linear measure shall be in terms of the meter,
centimeter, or millimeter;
4. Units of area measure, shall be in terms of the square
meter or square centimeter;
5. 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. Any of the following symbols for metric units,
and none other, may be employed in the quantity statement on a package of
commodity:
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1. 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.
2. The "l" symbol for liter and "ml"
symbol for milliliter are permitted; however, the "L" symbol and the
"mL" symbol are preferred.
J. Prescribed Units, Inch-Pound System. Less than 1 Foot, 1
Square Foot, 1 Pound, or 1 Pint. The declaration of quantity shall be expressed
in terms of:
1. In the case of length measure of less than 1 foot, inches
and fractions of inches;
2. In the case of area measure of less than 1 square foot,
square inches and fractions of square inches;
3. In the case of weight of less than 1 pound, ounces and
fractions of ounces;
4. In the case of liquid measure of less than 1 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 three2
decimal places.
K. Weight: Dual Quantity Declaration. On packages
containing 1 pound or more but less than 4 pounds, the declaration shall be
expressed in ounces and, in addition, shall be followed by a declaration in
parentheses, expressed in terms of the largest whole unit: provided, that the
quantity declaration appearing on a random package may be expressed in terms of
pounds and decimal fractions of the pound carried out to not more than three2
decimal places.
L. Liquid Measure: Dual Quantity Declaration. On packages
containing 1 pint or more, but less than 1 gallon, the declaration shall be
expressed in fluid ounces and, in addition, shall be followed by a declaration
in parentheses, expressed in terms of the largest whole unit.
M. Length Measure: Dual Quantity Declaration. On packages
containing 1 foot or more, but less than 4 feet, the declaration shall be
expressed in inches and, in addition, shall be followed by a declaration in
parentheses, expressed in terms of the largest whole unit.
N. Area Measure: Dual Quantity Declaration. On packages
containing 1 square foot or more but less than 4 square feet, the declaration
shall be expressed in square inches and, in addition, shall be followed by a
declaration in parentheses, expressed in terms of the largest whole unit.
O. Four Feet, 4 Square Feet, 4 Pounds, 1 Gallon, or More.
In the case of:
1. Length measure of 4 feet or more;
The declaration of quantity shall be expressed in terms of
feet, followed in parentheses by a declaration of yards and common or decimal
fractions of the yard, or in terms of feet followed in parentheses by a
declaration of yards with any remainder in terms of feet and inches. In the
case of
2. Area measure of 4 square feet or more;
3. Weight of 4 pounds or more;
4. Liquid measure of 1 gallon or more
The declaration of quantity shall be expressed in terms of
the largest whole unit.
P. Bidimensional Commodities. For bidimensional commodities
(including roll-type commodities) the quantity declaration shall be expressed:
1. If less than 1 square foot, in terms of linear inches and
fractions of linear inches;
2. If at least 1 square foot but less than 4 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 4 inches width or less,
b. A dimension of less than 2 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 subsection R9. Count: Ply.) require a declaration
of unit area but not a declaration of total area of all such units,
3. If 4 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 unit; provided, that
a. No declaration in square feet is required for a
bidimensional commodity with a width of 4 inches or less,
b. Bidimensional commodities, with a width of 4 inches or
less, shall have the length expressed in inches followed by a statement in
parentheses of the length in the largest whole unit. (Example: 2 inches by 360
inches (10 yards)).
c. A dimension of less than 2 feet may be stated in inches
within the parenthetical declaration, and
4. 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.
Q. Prescribed Units, Metric System.
1. Less Than 1 Meter, 1 Square Meter, 1 Kilogram, or 1
Liter. The declaration of quantity shall be expressed in terms of:
a. In the case of length measure of less than 1 meter,
centimeters, or millimeters;
b. In the case of area measure of less than 1 square meter,
square centimeters and decimal fractions of square centimeters;
c. In the case of weight of less than 1 kilogram, grams and
decimal fractions of a gram, but if less than 1 gram, then in milligrams;
d. In the case of liquid or dry measure of less than one
liter, milliliters;
Provided, that the quantity declaration appearing on a
random weight package may be expressed in terms of decimal fractions of the
largest appropriate unit, the fraction being carried out to not more than
three2 decimal places.
2. One Meter, 1 Square Meter, 1 Kilogram, 1 Liter, or More.
In the case of:
a. Length measure of 1 meter or more; in meters and decimal
fractions to not more than two places.
b. Area measure of 1 square meter or more; in square meters
and decimal fractions to not more than two places.
c. Weight of 1 kilogram or more; in kilograms and decimal
fractions to not more than two places.
d. Liquid or dry measure of 1 liter or more; in liters and
decimal fractions to not more than two places.
3. Bidimensional Commodities. For bidimensional commodities
(including roll-type commodities) the quantity declaration shall be expressed:
a. If less than 1 square meter in terms of length and
width.
b. If 1 square meter or more, in terms of square measure
followed in parentheses by a declaration of length and width: Provided, that
(1) Quantity declarations on bidimensional commodities with
a width of 100 millimeters or less may be expressed in terms of width and
length, only.
(2) Commodities consisting of usable individual units
(except roll-type commodities with individual usable units created by
perforations, for which see subsection R of this section. Count: Ply.) require
a declaration of unit area but not a declaration of total area of all such
units.
(3) 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.
R. Count: Ply. If the commodity is in individually usable
units of one or more components or plies, the quantity declaration shall, in
addition to complying with other applicable quantity declaration requirements
of this chapter, include the number of plies and total number of usable units.
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:
1. Total area measurement,
2. Number of plies,
3. Count of usable units, and
4. Dimensions of a single usable unit.
S. Fractions.
1. Metric: A metric statement in a declaration of net
quantity of contents of any consumer commodity may contain only decimal
fractions.
2. Inch-Pound: An inch-pound statement 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, eighths, sixteenths, or
thirty-seconds, except that:
a. 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
b. 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 term (Example: 2/4 becomes ½).
4. Decimal Fractions: A decimal fraction shall not be
carried out to more than two places.
T. 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 term 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 Inch-Pound Declarations. An
equivalent statement of the net quantity of contents in terms of either the
inch-pound or metric system is not regarded as a supplemental statement and
such statement may also appear on the principal display panel; provided, that
it conforms to both subsections E and H.
3. Rounding. In all conversions for the purpose of showing
an equivalent metric or inch-pound quantity to a rounded inch-pound or metric
quantity, the number of significant digits retained should be such that
accuracy is neither sacrificed nor exaggerated. As a general rule, converted
values should be rounded down by dropping any digit beyond the first three.
(Example: 196.4 grams becomes 196 grams or 1.759 feet becomes 1.75 feet.)
U. 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.
V. Character of Declaration: Average. The average quantity
of contents in the packages of a particular lot, shipment, or delivery shall at
least equal the declared 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.
1Packages subject to the Federal Fair Packaging
and Labeling Act must be labeled in inch-pound units of measure. Metric units
may also be declared on the principal display panel and may even appear first.
2Packages entering interstate commerce are
restricted by federal regulations to two decimal place quantity declarations.
For example, see 9 CFR Section 317.2(h)(5) for meat and meat products, 21 CFR
Section 101.105(j)(2) for non-meat and non-poultry foods, and 16 CFR Section
500.9(b) for certain non-food consumer commodities.
2VAC5-340-70. Declaration of quantity; nonconsumer packages.
(Repealed.)
A. General. The metric and inch-pound systems of weights and
measures are recognized as proper systems to be used in the declaration of
quantity. Units of both systems might be combined in a dual declaration of
quantity.3
B. Location. A nonconsumer package shall bear on the
outside a declaration of the net quantity of contents. Such declaration shall
be in terms of the largest whole unit (see 2VAC5-340-60 B Largest Whole Unit).
C. Terms: Weight, Liquid Measure, Dry 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 dry measure
if the commodity is dry, 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.
D. Inch-Pound Units: Weight, Measure. A declaration of
quantity:
1. In units of weight, shall be in terms of the avoirdupois
pound or ounce;
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 or distilled spirits, 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, and except also in the
case of malt beverages, for which the declaration shall express the volume at
39.1°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 volume measure, shall be in terms of the
cubic yard, cubic foot, or cubic inch;
6. In units of dry measure, shall be in terms of the United
States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint
subdivisions of the bushel.
a. Symbols and Abbreviations. Any generally accepted symbol
and abbreviation of a unit name may be employed in the quantity statement on a
package of commodity. (For commonly accepted symbols and abbreviations, see
2VAC5-340-60 F Symbols and Abbreviations.)
E. 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°C, except in the case
of petroleum products or distilled spirits, for which the declaration shall
express the volume at 15°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
malt beverages or a commodity that is normally sold in the refrigerated state,
for which the declaration shall express the volume at 4°C;
3. In units of linear measure, shall be in terms 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.
a. Symbols. Only those symbols as detailed in 2VAC5-340-60
I. Symbols, and none other, may be employed in the quantity statement on a
package of commodity.
F. Character of Declaration: Average. The average quantity
of contents in the packages of a particular lot, shipment, or delivery shall at
least equal the declared 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.
3 Note: Although nonconsumer packages under this
chapter might bear only metric declarations, this chapter should not be
construed to supersede any labeling requirement specified in federal law.
2VAC5-340-80. Prominence and placement; consumer packages.
(Repealed.)
A. General. All information required to appear on a consumer
package shall appear thereon in the English language and shall be prominent,
definite, and plain, and shall be conspicuous as to size and style of letters
and numbers and as to color of letters and numbers in contrast to color of
background. Any required information that is either in hand lettering or hand
script shall be entirely clear and equal to printing in legibility.
1. Location. The declaration or declarations of quantity of
the contents of a package shall appear in the bottom 30% of the principal
display panel or panels. For cylindrical containers, see also 2VAC5-340-100 G
for additional requirements.
2. Style of Type or Lettering. The declaration or
declarations of quantity shall be in such a style of type or lettering as to be
boldly, clearly, and conspicuously presented with respect to other type,
lettering, or graphic material on the package, except that a declaration of net
quantity blown, formed, or molded on a glass or plastic surface is permissible
when all label information is blown, formed, or molded on the surface.
3. Color Contrast. The declaration or declarations of
quantity shall be in a color that contrasts conspicuously with its background,
except that a declaration of net quantity blown, formed, or molded on a glass
or plastic surface shall not be required to be presented in a contrasting color
if no required label information is on the surface in a contrasting color.
4. Free Area. The area surrounding the quantity declaration
shall be free of printed information:
a. Above and below, by a space equal to at least the height
of the lettering in the declaration, and
b. To the left and right, by a space equal to twice the
width of the letter "N" of the style and size of type used in the
declaration.
5. Parallel Quantity Declaration. The quantity declaration
shall be presented in such a manner as to be generally parallel to the
declaration of identity and to the base on which the package rests as it is
designed to be displayed.
B. Calculation of Area of Principal Display Panel for
Purposes of Type Size. The area of the principal display panel shall be:
1. In the case of a rectangular container, one entire side
which properly can be considered to be the principal display panel, the product
of the height times the width of that side;
2. In the case of a cylindrical or nearly cylindrical
container, 40% of the product of the height of the container times the
circumference; or
3. In the case of any other shaped container, 40% of the
total surface of the container, unless such container presents an obvious
principal display panel (e.g., the top of a triangular or circular package of
cheese, or the top of a can of shoe polish), in which event the area shall
consist of the entire such surface.
Determination of the principal display panel shall exclude
tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of
bottles or jars.
C. Minimum Height of Numbers and Letters. The height of any
letter or number in the required quantity declaration shall be not less than
that shown in Table 1 with respect to the area of the panel, and the height of
each number of a common fraction shall meet one-half the minimum height
standards. In the case of the symbol for milliliter, the "m" shall
meet the minimum height standard.
D. Numbers and Letters: Proportion. No number or letter
shall be more than three times as high as it is wide.
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2VAC5-340-90. Prominence and placement; nonconsumer packages.
(Repealed.)
General. All information required to appear on a nonconsumer
package shall be definitely and clearly stated thereon in the English language.
Any required information that is either in hand lettering or hand script shall
be entirely clear and equal to printing in legibility.
2VAC5-340-100. Requirements; specific consumer commodities,
nonconsumer commodities, packages, containers. (Repealed.)
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 Packages4. Any package containing
more than one individual "commodity in package form" (see
2VAC5-340-20 A) 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. (Example: soap bars, "6 Bars, Net Weight 75 grams each;
Total Net Weight 450 grams)
E. Combination Packages. Any package containing individual
units of dissimilar commodites (such as an antiquing or a housecleaning kit,
for example) shall bear on the label of the package a quantity declaration for
each unit. (Example: sponges and cleaner: "2 sponges, each 10 centimeters
X 15 centimeters X 2 centimeters; 1 box cleaner, net weight 150 grams")
F. Variety Packages. Any package containing individual
units of reasonably similar commodities (such as 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. (Example:
plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total.)
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% 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 designated 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:
a. 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:
(1) Inch-pound units - in 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. (Examples: "25 BAGS, 17
inches X 20 inches" or "100 BAGS, 20 inches X 2 feet 6 inches"
or "50 BAGS, 20 inches X 2 ½ feet")
(2) Metric units - in millimeters except a dimension of one
meter or more will be expressed in meters with the remainder in terms of
decimal fractions of the meter. (Examples: "25 BAGS, 500 millimeters X 600
millimeters" or "50 BAGS, 750 millimeters X 1.2 meters")
When the unit bag is gusseted, the dimensions will be
expressed as width, depth, and length.
(3) Inch-pound units - expressed in feet with any remainder
in terms of inches or the common or decimal fractions of the foot. (Examples:
"25 BAGS, 17 inches X 4 inches X 20 inches" or "100 BAGS, 20
inches X 12 inches X 2 ½ feet")
(4) Metric units. In millimeters except a dimension of one
meter or more will be expressed in meters with the remainder in terms of
decimal fractions of the meter. (Examples: "25 BAGS, 430 millimeters X 100
millimeters X 500 millimeters" or "50 BAGS, 500 millimeters X 300
millimeters X 1.2 meters")
b. 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 50 millimeters or 2 inches.
(Examples: "2 PANS, 8 inches X 8 inches" or "2 PANS, 203
millimeters X 203 millimeters")
c. 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 50 millimeters or two inches.
(Examples: "4 PANS, 8 inches diameter X 4 inches" or "4 PANS,
200 millimeters diameter X 100 millimeters")
d. 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. (Examples: "24 CUPS, 6 fluid ounces
capacity" or "24 CUPS, 250 milliliter capacity")
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:
a. Inch-Pound Units:
(1) 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, with any remainder in terms of the common or
decimal fraction of that unit). (Examples: Freezer Box - "4 BOXES, 1 quart
capacity, 5 inches X 4 inches X 3 inches")
(2) 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), with a remainder in terms of the common or decimal
fraction of that unit. (Example: Leaf Bags - "8 BAGS, 6 bushel capacity, 3
feet X 5 feet")
(3) 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 containers. (Example: Garbage Can Liners -
"10 LINERS, 2 feet 6 inches X 3 feet 9 inches. FITS UP TO 30-GALLON
CANS")
b. Metric Units: Volume measure for all containers and
liners. (Examples: "4 BOXES, l liter capacity, 150 millimeters X 120
millimeters X 90 millimeters;" "8 BAGS, 200 liter capacity, 85
millimeters X 1.5 meters" or "10 LINERS, 750 millimeters X 1 meter,
fits up to 120 LITER CANS")
3. Terms. 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 nontextile
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 reqiured by subsection D of this section.
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,
dishtowels, dish cloths, towels, face cloths, utility cloths, bath mats,
carpets and rugs, pot holders, fixture and appliance covers, nonrectangular
diapers, slip covers, etc., shall be exempt from the requirements of
2VAC5-340-60 P and Q.3; provided, that:
a. 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. (Example: "Double Sheet for 135
centimeter X 190 centimeter mattress.")
b. 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. (Example: "Twin Flat Sheet for 100 centimeter X 190 centimeter
mattress (170 centimeter X 240 centimeter finished size)")
c. The quantity statement for pillowcases shall state the
size designation of the 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. (Example: "Standard Pillowcase for 50
centimeter X 65 centimeter pillow (53 centimeter X 75 centimeter finished
size)")
d. 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.
e. 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.
f. 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.
g. 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
inch-pound sizes, the length and width of the item. The quantity statement also
may state parenthetically, in centimeters or inches, the length of any
ornamentation.
h. 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.
i. The quantity statement for textile products such as pot
holders, fixture and appliance covers, nonrectangular diapers, slip covers,
etc., shall be stated in terms of count and may include size designations and
dimensions.
j. The quantity statement for other than rectangular
textile products identified in subsections A through H shall state the
geometric shape of the product and the dimensions which are customarily used in
describing such geometric shape. (Example: "Oval Tablecloth 140
centimeters X 110 centimeters" representing the maximum length and width
in this case)
k. 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.
a. For an item with no declared dimension less than 60
centimeters or 24 inches, a minus variation greater than 3% of a declared
dimension and a plus variation greater than 6% of a declared dimension should
be considered unreasonable.
b. For an item with a declared dimension less than 60
centimeters or 24 inches, a minus variation greater than 6% of that declared
dimension and a plus variation greater than 12% of that declared dimension
should be considered unreasonable.
4. Exemption: Variety Textile Packages. Variety packages of textiles
that are required by reason of subdivision D 1 of this section to provide a
combination declaration stating the quantity of each individual unit, shall be
exempt from the requirements in this chapter for:
a. Location (see 2VAC5-340-80 A),
b. Free Area (see 2VAC5-340-80 A), and
c. Minimum height of numbers and letters (see 2VAC5-340-80
C).
5. Sewing Threads, Handicraft Threads, and Yarns. Sewing and
handicraft threads shall be exempt from the requirements of 2VAC5-340-60 O and
Q 2 of this chapter; provided, that:
a. The net quantity statement for inch-pound sizes of
sewing and handicraft threads shall be expressed in terms of yards.
b. The net quantity statement for yarns shall be expressed
in terms of weight.
c. 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 director.
d. Each unit of industrial thread shall be marked to show
its net length in terms of meters or yards or its net weight in terms of
kilograms or grams or avoirdupois pounds or ounces, except that ready-wound
bobbins that are not sold separately, shall not be required to be individually
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 seed intended for planting
shall be labeled in full accord with this chapter except as follows:
1. The quantity statement shall appear in the upper thirty
percent of the principal display panel.
2. The quantity statements shall be in terms of the largest
whole unit of the metric system for all weights up to seven grams, and in grams
or in ounces for all other weights less than 225 grams or eight ounces;
packaged seed weighing 225 grams or eight ounces or more shall not be subject
to subsection 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.
K. Bark Mulch: Variations From Declared Volume.5
An individual package minus variation greater than 5.0% of the declared volume
shall be considered unreasonable.
L. Polyethylene Products: Variations From Declared
Thickness6. Any individual thickness measurement of polyethylene
sheeting, film, or bag may be as much as 20 % below the labeled thickness,
i.e., at least 80% of the labeled thickness 7. The average thickness
of a single package of polyethylene sheeting, film, or bags may be as much as
7.0% below the labeled thickness, i.e., at least 93% of the labeled thickness.
4 Open multi-unit retail food packages under the
authority of the Food and Drug Administration or U.S. Department of Agriculture
that do not obscure the number of units or prevent examination of the labeling
on each of the individual units are not required to declare the number of
individual units or the total quantity of contents of the multi-unit package if
the labeling of each individual unit complies with requirements so that it is
capable of being sold individually. (See also 2VAC5-340-110 L)
5 In addition, the average net contents of lots,
shipments, or deliveries must equal or exceed the labeled net contents. See
2VAC5-340-120 A.
6 ASTM Standard D-4397-84, "Specification
for Polyethylene Sheeting for Construction, Industrial and Agricultural
Applications", 1984.
7 The average thickness of a single package of
polyethylene sheeting, film, or bags may be as much as 7.0% below the labeled
thickness, i.e., at least 93% of the labeled thickness.
2VAC5-340-110. Exemptions. (Repealed.)
A. General. Whenever any consumer commodity or package of
consumer commodity is exempted from the requirements for dual quantity declaration,
the net quantity required to appear on the package shall be in terms of the
largest whole unit (except see 2VAC5-340-100 D3).
B. Random Packages. A random package bearing a label
conspicuously declaring:
1. The net weight,
2. The price per kilogram or pound, and
3. The total price.
Shall be exempt from the type size, dual declaration,
placement, and free area requirements of this chapter. In the case of a random
package packed at one place for subsequent sale at another, neither the price per
unit of weight nor the total selling price need appear on the package, provided
the package label included both such prices at the time it is offered or
exposed for sale at retail.
This exemption shall also apply to uniform weight packages
of cheese and cheese products labeled in the same manner and by the same type
of equipment as random packages exempted by this section.
C. Small Confections. Individually wrapped pieces of
"penny candy" and other confectionery of less than 15 grams or
one-half ounce net weight per individual piece shall be exempt from the
labeling requirements of this chapter when the container in which such
confectionery is shipped is in conformance with the labeling requirements of
this chapter. Similarly, when such confectionery items are sold in bags or
boxes, such items shall be exempt from the labeling requirements of this
chapter, including the required declaration of net quantity of contents, when
the declaration of the bag or box meets the requirements of this chapter.
D. Individual Servings. Individual-serving-size packages of
foods containing less than 15 grams or ½ ounce or less than 15 milliliters or ½
fluid ounce for use in restaurants, institutions, and passenger carriers, and
not intended for sale at retail, shall be exempt from the required declaration
of net quantity of contents specified in this chapter.
E. Cuts, Plugs, and Twists of Tobacco and Cigars. When
individual cuts, plugs, and twists of tobacco and individual cigars are shipped
or delivered in containers that conform to the labeling requirements of this
chapter, such individual cuts, plugs, and twists of tobacco and cigars shall be
exempt from such labeling requirements.
F. Reusable (Returnable) Glass Containers. Nothing in this
chapter shall be deemed to preclude the continued use of reusable (returnable)
glass containers; provided, that such glass containers ordered after the
effective date of this chapter shall conform to all requirements of this
chapter.
G. Cigarettes and Small Cigars. Cartons of cigarettes and
small cigars, containing ten individual packages of twenty, labeled in
accordance with the requirements of this chapter, shall be exempt from the
requirements set forth in Location 2VAC5-340-80 A 1, Height of Numbers and
Letters 2VAC5-340-80 C, and 2VAC5-340-100 D Multi-Unit Packages; provided, that
such cartons bear a declaration of the net quantity of commodity in the
package.
H. Packaged Commodities With Labeling Requirements
Specified in Federal Law. Packages of meat and meat products, poultry products,
tobacco and tobacco products, insecticides, fungicides, rodenticides, and
alcoholic beverages shall be exempt from those portions of this chapter
requiring dual declarations in customary units and specifying location and
minimum type size of the net quantity declaration; provided, that quantity
labeling requirements for such products are specified in federal law, so as to
follow reasonably sound principles of providing consumer information.
I. Fluid Dairy Products, Ice Creams, and Similar Frozen
Desserts:
1. When packaged in ½-liquid-pint and ½-gallon containers,
are exempt from the requirements for stating net contents of 8 fluid ounces and
64 fluid ounces, which may be expressed as ½ pint and ½ gallon, respectively.
2. When packaged in 1-liquid-pint, 1-liquid-quart, and
½-gallon containers, are exempt from the dual net contents declaration
requirements of 2VAC5-340-60 L.
3. When measured by and packaged in measure containers as
defined in "Measure Container Code of National Bureau of Standards
Handbook 44," are exempt from the requirements of 2VAC5-340-80 A 1 that
the declaration of net contents be located within the bottom 30% of the
principal display panel.
4. Milk and milk products when measured by and packaged in
glass or plastic containers of ½-pint, 1-pint, 1-quart, ½-gallon, and 1-gallon
capacities are exempt from the placement requirement of 2VAC5-340-80 A 1 that
the declaration of net contents be located within the bottom 30% of the
principal display panel; provided, that other required label information is
conspicuously displayed on the cap or outside closure, and the required net
quantity of contents declaration is conspicuously blown, formed, or molded on,
or permanently applied to that part of the glass or plastic container that is
at or above the shoulder of the container.
J. Single Strength and Less Than Single Strength Fruit
Juice Beverages, Imitations Thereof, and Drinking Water:
1. When packaged in glass, plastic, or fluid milk type paper
containers of 8- and 64-fluid-ounce capacity, are exempt from the requirements
of 2VAC5-340-60 E 2, to the extent that net contents of 8 fluid ounces and 64
fluid ounces (or 2 quarts) may be expressed as ½ pint (or half pint) and ½
gallon (or half gallon), respectively.
2. When packaged in glass, plastic, or fluid milk type paper
containers of 1-pint, 1-quart, and ½-gallon capacities, are exempt from the
dual net contents declaration requirements of 2VAC5-340-60 L.
3. When packaged in glass or plastic containers of ½-pint,
1-pint, 1-quart, ½-gallon, and 1- gallon capacities, are exempt from the
placement requirements of 2VAC5-340-80 A 1 that the declaration of net contents
be located within the bottom 30% of the principal display panel; provided, that
other label information is conspicuously displayed on the cap or outside
closure and the required net quantity of contents declaration is conspicuously
blown, formed, or molded into or permanently applied to that part of the glass
or plastic container that is at or above the shoulder of the container.
K. Soft-Drink Bottles. Bottles of soft drinks shall be
exempt from the placement requirements for the declaration of:
1. Identity, when such declaration appears on the bottle
closure, and
2. Quantity, when such declaration is blown, formed, or molded
on or above the shoulder of the container and when all other information
required by this chapter appears only on the bottle closure.
L. Multi-Unit Soft-Drink Packages. Mult-unit packages of
soft drinks are exempt from the requirement for a declaration of:
1. Responsibility, when such declaration appears on the
individual units and is not obscured by the multi-unit packaging, or when the
outside container bears a statement to the effect that such declaration will be
found on the individual units inside, and
2. Identity, when such declaration appears on the individual
units and is not obscured by the multi-unit packaging.
M. Butter. When packaged in 4-ounce, 8-ounce, and 1-pound
packages with continuous label copy wrapping, butter is exempt from the requirements
that the statement of identity (2VAC5-340-30 B 1) and the net quantity
declaration (2VAC5-340-80 A 5) be generally parallel to the base of the
package. When packaged in 8-ounce and 1-pound units, butter is exempt from the
requirement for location (2VAC5-350-80 A 1) of net quantity declaration and,
when packaged in 1-pound units, is exempt from the requirement for dual
quantity declaration (2VAC5-340-60 K).
N. Eggs. Cartons containing 12 eggs shall be exempt from the
requirement for location (2VAC5-350-80 A 1) of net quantity declaration. When
such cartons are designed to permit division in half, each half shall be exempt
from the labeling requirements of this chapter if the undivided carton conforms
to all such requirements.
O. Flour. Packages of wheat flour in conventional 2-, 5-,
10-, 25-, 50-, and 100-pound packages shall be exempt from the requirement in
this chapter for location (2VAC5-350-80 A 1) of the net quantity declaration
and, when packaged in units of 2 pounds, shall be exempt also from the
requirement for a dual quantity declaration (2VAC5-340-60 K).
P. Small Packages. On a principal display panel of 5 square
inches or less, the declaration of quantity need not appear in the bottom 30%
of the principal display panel if that declaration satisfies the other
requirements of this chapter.
Q. Decorative Containers. The principal display panel of a
cosmetic marketed in a "boudoir-type" container including decorative
cosmetic containers of the "cartridge," "pill box,"
"compact," or "pencil" variety, and those with a capacity
of ¼ ounce or less, may be a tear-away tag or tape affixed to the decorative
container, and bearing the mandatory label information as required by this chapter.
R. Combination Packages. Combination packages are exempt
from the requirements in this chapter for:
1. Location (see 2VAC5-350-80 A 1),
2. Free Area (see 2VAC5-340-80 A 4), and
3. Minimum Height of Numbers and Letters (see 2VAC5-340-80 C
1).
S. Margarine. Margarine in 1-pound rectangular packages,
except for packages containing whipped or soft margarine or packages containing
more than four sticks, shall be exempt from the requirement in this chapter for
location (see 2VAC5-350-80 A 1) of the net quantity declaration, and shall be
exempt from the requirement for a dual quantity declaration (see 2VAC5-340-60
K).
T. Corn Flour and Corn Meal. Corn flour and corn meal
packaged in conventional 5-, 10-, 25-, 50-, and 100-pound bags shall be exempt
from the requirement in this chapter for location (see 2VAC5-350-80 A 1) of the
net quantity declaration.
U. Prescription and Insulin-Containing Drugs. Prescription
and insulin-containing drugs subject to the provisions of Section 503(b) (1) or
506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the
provisions of this chapter.
V. Camera Film. Camera film packaged and labeled for retail
sale is exempt from the net quantity statement requirements of this chapter
that specify how measurement of commodities should be expressed; provided,
that:
1. The net quantity of contents on packages of movie film
and bulk still film is expressed in terms of the number of linear meters or
feet of usable film contained therein.
2. The net quantity of contents on packages of movie film is
expressed in terms of the running time of the exposed film for that portion of
film which is of entertainment value.
"Entertainment value" is defined as that portion
of a film that commences with the first frame of sound or picture, whichever
comes first after the countdown sequence and ends with either:
a. the last frame of credits; or
b. the last frame of the phrase "The End"; or
c. the end of sound whichever is last.
3. The net quantity of contents on packages of still film is
expressed in terms of the number of exposures the contents will provide. The
length and width measurements of the individual exposures, expressed in
millimeters or inches, are authorized as an optional statement. (Examples:
"36 exposures, 36 millimeters X 24 millimeters" or "12 exposures,
2-¼ inches X 2-¼ inches")
W. Paints and Kindred Products:
1. Paints, varnishes, lacquers, thinners, removers, oils,
resins, and solvents, when packed in 1-liquid-pint and 1-liquid-quart units shall
be exempt from the dual quantity declaration requirements of 2VAC5-340-60 L.
2. Tint base paint may be labeled on the principal display
panel in terms of a quart or a gallon including the addition of colorant
selected by the purchaser, provided that the system employed ensures that the
purchaser always obtains a quart or a gallon; and further provided that in
conjunction with the required quantity statement on the principal display
panel, a statement indicating that the tint base paint is not to be sold
without the addition of colorant is presented; and further provided that the
contents of the container, before the addition of colorant, is stated in fluid
ounces elsewhere on the label.
Wherever the above conditions cannot be met, containers of
tint base paint must be labeled with a statement of the actual net contents
prior to the addition of colorant in full accord with all the requirements of
this chapter.
X. Automotive Cooling System Antifreeze. Antifreeze, when
packed in 1-liquid-quart units, in metal or plastic containers, shall be exempt
from the dual quantity declaration requirements of 2VAC5-340-60 L.
Y. Motor Oils. Motor oils, when packed in 1-liquid-quart
units, shall be exempt from the dual quantity declaration requirements of
2VAC5-340-60 L. Additionally, motor oil in 1-liquid-quart, 1-gallon,
1-¼-gallon, 2-gallon, and 2-½-gallon units, bearing the principal display panel
on the body of the container, is exempt from the requirements of 2VAC5-340-30
Declaration of, Identity: Consumer Package, to the extent that the Society of
Automotive Engineers (SAE) viscosity number is required to appear on the
principal display panel, provided the SAE viscosity number appears on the can
lid and is expressed in letters and numerals in type size of at least six
millimeters or ¼ inch.
Z. Pillows, Cushions, Comforters, Mattress Pads, Sleeping
Bags, and Similar Products. Those products, including pillows, cushions,
comforters, mattress pads, and sleeping bags, that bear a permanent label as
designated by the Association of Bedding and Furniture Law Officials or by the
California Bureau of Home Furnishings shall be exempt from the requirements for
location (2VAC5-350-80 A 1), size of letters or numbers (2VAC5-340-80 C and D),
free area (2VAC5-340-80 A 4) and the declarations of identity and
responsibility (2VAC5-340-30 A and 2VAC5-340-50); provided, that declarations
of identity, quantity, and responsibility are presented on a permanently
attached label and satisfy the other requirements of this chapter, and further
provided that the information on such permanently attached label be fully
observable to the purchaser.
AA. Commodities' Variable Weights and Sizes. Individual
packaged commodities put up in variable weights and sizes for sale intact, and
intended to be weighed and marked with the correct quantity statement prior to
or at the point of retail sale, are exempt from the requirements of
2VAC5-340-60 Declaration of Quantity: Consumer Packages, while moving in
commerce and while held for sale prior to weighing and marking; provided, that
the outside container bears a label declaration of the total net weight.
AB. Packaged Commodities Sold By Count. When a packaged
consumer commodity is properly measured in terms of count only, or in terms of
count and some other appropriate unit, and the individual units are fully
visible to the purchaser, such packages shall be labeled in full accord with
this chapter except that those containing 6 or less items need not include a
statement of count.
AC. Fishing Lines and Reels. Packaged fishing lines and
reels are exempt from the dual quantity declaration requirements of
2VAC5-340-60 O 1 provided, that length of line or capacity of reel, as
appropriate is presented in terms of meters or yards in full accord with all
other requirements of this chapter.
2VAC5-340-120. Variations to be allowed. (Repealed.)
A. Packaging Variations.
1. 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.
2. 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 this
paragraph 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:
a. Directly to the purchaser or to his agent, or
b. 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.
B. Magnitude of Permitted Variations. The magnitude of
variations permitted under subdivisions A 1 and A 2 of this section shall be
those expressly set forth in this chapter (2VAC5-340-10 et seq.) and those
contained in the procedures and tables of National Bureau of Standards Handbook
133, Checking The Net Contents of Prepackaged Goods.
2VAC5-340-130. Retail sale price representations. (Repealed.)
A. "Cents-Off" Representations. [Reserved]
B. Introductory Offers. [Reserved]
C. Economy Size.
1. The term "economy size" means any printed
matter consisting of the words "economy size," "economy
pack," "budget pack," "bargain size," "value
size," or words of similar import placed upon any package containing any
consumer commodity, or placed upon any label affixed adjacent to such
commodity, stating or representing directly or by implication that a retail
sale price advantage is accorded the purchaser thereof by reason of the size of
that package or the quantity of its contents.
2. The packager or labeler of a consumer commodity may not
have imprinted thereon an "economy" size representation unless:
a. At the same time the same brand of the commodity is
offered in at least one other packaged size or labeled form.
b. Only one packaged or labeled form of that brand of
commodity labeled with an "economy size" representation is offered.
c. The commodity labeled with an "economy size"
representation is sold at a price per unit of weight, volume, measure, or count
that is substantially reduced (i.e., at least 5.0%) from the actual price of
all other packaged or labeled units of the same brand of that commodity offered
simultaneously.
3. No "economy size" package shall be made
available in any circumstances where it is known that it will be used as an
instrumentality for deception, e.g., where the retailer charges a price which
does not pass on to the consumer the substantial reduction in cost per unit
initially granted.
4. The sponsor of an "economy size" package shall
prepare and maintain invoices or other records showing compliance with
subdivision 2 of this subsection. The invoices or other records required by
this section shall be open to inspection and shall be retained for one year.
2VAC5-340-140. Food products.8 (Repealed.)
A. Berries and Small Fruits. Shall be offered and exposed
for sale and sold by weight or by volume in open measure containers having capacities
per subdivision 1 or 2 of this subsection and when sold by volume, the
containers shall be deemed not to be packages for labeling purposes.
1. Inch-Pound Capacities - ½ dry pint, 1 dry pint, or 1 dry
quart.
2. Metric Capacities - 250 milliliters, 500 milliliters, or
1 liter.
B. Butter, Oleomargarine, and Margarine.9 Shall
be offered and exposed for sale and sold by weight per subsection 1 or 2 of
this section.
1. Inch-Pound-Weights - ¼ pound, ½ pound, 1 pound, or a
multiple of 1 pound.
2. Metric Weights - 125 grams, 250 grams, 500 grams, or a
multiple of 500 grams.
C. Flour, Cornmeal, and Hominy Grits. Wheat flour, whole
wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour,
bromated flour, corn flour, cornmeal, and hominy grits whether enriched or not,
shall be packaged, kept, offered, or exposed for sale, or sold only in weights
per subdivisions 1 and 2 of this subsection; provided, that inch-pound sizes
less than 2 pounds or more than 100 pounds and that metric sizes less than 1
kilogram or more than 50 kilograms shall be permitted.
1. Inch-Pound Weights - 2, 5, 10, 25, 50, or 100 pounds.
2. Metric Weights - 1, 2.5, 5, 10, 25, or 50 kilograms.
D. Meat, Poultry, Fish, and Seafood10. Shall be
sold by weight, except that shellfish may be sold by weight, measure, or count.
1. Combination With Other Foods. When meat, poultry, fish or
seafood is combined with some other food element to form a distinctive food
product, the quantity representation may be in terms of the total weight of the
product or combination, and a quantity representation need not be made for each
element.
2. Stuffed Fish, Seafood, Poultry or Meat Products. In the
case of ready-to-cook stuffed fish, seafood, poultry, or meat products, the
label must show the total net weight of the stuffed fish, seafood, poultry or
meat products and the minimum net weight of the fish, seafood, poultry or meat
in the product excluding the fish, seafood, meat, or poultry that may be part
of the stuffing.
Excluding the poultry or meat that may be part of the
stuffing. (Required by the United States Department of Agriculture).
E. Clams, Mussels, Oysters, and other Mollusks.
1. Whole clams, mussels, oysters, and other mollusks in the
shell (fresh or frozen) shall be sold by weight (including the weight of the
shell, but not including the liquid or ice packed with them), dry measure
(e.g., bushel), or count. In addition, size designations may be provided.
2. Whole clams, mussels, oysters, or other mollusks on the
half shell (fresh, cooked, smoked, or frozen, with or without sauces or spices
added) shall be sold by weight (excluding the weight of the shell) or by count.
Size designations may also be provided.
3. Fresh clams, mussels, oysters, or other mollusks removed
from the shell and placed in a container shall be sold by fluid volume, with
free liquid not to exceed 15% by weight.
4. Processed clams, mussels, oysters, or other mollusks on
the half shell (fresh or frozen) shall be sold by net weight excluding the
weight of the shell. The term "processed" means removing the meat
from the shell and chopping it or cutting it or commingling it with other solid
foods.
5. Canned (heat-processed) clams, mussels, oysters, or other
mollusks shall be sold by net weight, with free liquid not to exceed 41% by
weight for canned oysters.
F. Pickles. The declaration of net quantity of contents on
pickles and pickles products, including relishes but excluding one or two whole
pickles in a transparent wrapping which may be declared by count, shall be
expressed in terms of liquid measure. Sales of pickles from bulk may be by
count.
G. Pricing of Bulk Food Commodities. Bulk food commodities
or food commodities not in package form and sold by weight shall be priced in
terms of whole units of weight and not in common or decimal fractions.
H. Ready-To-Eat Food. The following may be sold by weight,
measure, or count:
1. Items sold for consumption on the premises;
2. Items sold as one of three or more different elements,
excluding condiments, comprising a ready-to-eat meal sold as a unit, for
consumption elsewhere than on the premises where sold;
3. Ready-to-eat chicken parts cooked on the premises but not
packaged in advance of sale;
4. Sandwiches and sandwich-like commodities when offered or
exposed for sale on the premises where packed or produced and not intended for
resale.
8 Packages subject to the Federal Fair Packaging
and Labeling Act must be labeled in inch-pound units of measure. Metric units
may also be declared on the principal display panel and may even appear first.
9 Oleomargarine and margarine are not permitted
in multiples of one pound, 500 grams, or multiples of 500 grams because Section
407(b)(2) of the Federal Food, Drug, and Cosmetic Act prohibits margarine and
oleomargarine packaged in sizes greater than one pound.
10 See 2VAC5-340-140 for additional requirements
for ready-to-eat food.
2VAC5-340-150. Fluid milk products. (Repealed.)
A. Package for Retail Sale. All fluid milk products, including
but not limited to milk, lowfat milk, skim milk, cultured milks, and cream
shall be packaged for retail sale only in volumes per subdivision A 1 or A 2 of
this section; provided, that inch-pound sizes less than 1 gill and metric sizes
less than 100 milliliters shall be permitted.
1. Inch-Pound Volumes - 1 gill, ½ liquid pint, 10 fluid
ounces, 1 liquid pint, 1 liquid quart, ½ gallon, 1 gallon, 1-½ gallons, 2
gallons, 2-½ gallons, or multiples of 1 gallon.
2. Metric Volumes - 125 milliliters, 250 milliliters, 500
milliliters, 1 liter, or multiples of 1 liter.
B. Other Milk Products. Cottage cheese, cottage cheese
products, and other milk products that are solid, semi-solid, viscous, or a
mixture of solid and liquid, as defined in the Pasteurized Milk Ordinance of
the United States Public Health Service, as amended in 1965, shall be sold in
terms of weight; Provided, that cottage cheese, cottage cheese products, sour
cream, and yogurt shall be packaged for retail sale only in weights per
2VAC5-340-140 B 1 or B 2. And provided further, that, multipack or single
serving inch-pound sizes of 6 ounces or less shall be sold only in whole ounces
increments and that metric sizes of 200 grams or less shall be sold only in
25-gram increments.
1. Inch-Pound Weights - 8, 12, 16, 24, 32, 64, 80, and 128
ounces avoirdupois. And provided further that an 18 ounce size of yogurt may be
packed for retail sale.
2. Metric Weights - 250, 375, 500, 750 grams; 1, 2, and 4
kilograms.
(Standard package sizes shall apply to low fat and dry curd
cottage cheese products.)
C. Factory Packaged and Hand Packed Ice Cream and Similar
Frozen Products. Ice cream, ice milk, frozen yogurt, and similar products shall
be kept, offered or exposed for sale, or sold in terms of fluid volume.
2VAC5-340-160. Nonfood products. (Repealed.)
A. Coatings. Asphalt paints, coatings, and plastic shall be
sold in terms of liquid measure.
B. Fireplace and Stove Wood. For the purpose of this
chapter, this section shall apply to the sale of all wood, natural and
processed, for use as fuel.
1. "Fireplace and Stove Wood." Any kindling logs,
boards, timbers or other wood, split or not split, advertised, offered for
sale, or sold as fuel.
2. "Cord." The amount of wood which is contained
in a space of 128 cubic feet, when the wood is ranked and well stowed. For the
purpose of this chapter, "ranked and well stowed" shall be construed
to mean that pieces of wood are placed in a line or row, with individual pieces
touching and parallel to each other, and stacked in a compact manner.
3. "Representation." Any advertisement, offering,
invoice, or the like that pertains to the sale of fireplace or stove wood.
4. "Identity." A representation may include a
declaration of identity that indicates the species group (Example: 50% hickory,
50% miscellaneous softwood). Such a representation shall indicate, within 10%
accuracy, the percentages of each group.
5. "Quantity." Wood, of any type, for use as fuel
shall be advertised, offered for sale and sold only by measure, using the term
"cord" and fractional parts of a cord, or the cubic meter; except
that wood, natural or processed, offered for sale in packaged form shall
display the quantity in terms of cubic feet, to include fractions of cubic feet
or cubic meters, to include decimal fractions of cubic meters. A single log may
be sold by weight or count. Packages of individual logs containing less than 4
cubic feet (1/32 cord) if sold by inch-pound volume, or less than one-tenth
cubic meter if sold by metric volume may be sold by net weight plus count.
6. "Prohibition of Terms." The terms "face
cord," "rack," "pile," "truckload," or terms
of similar import shall not be used when advertising, offering for sale, or
selling wood for use as fuel. An agreement after visual inspection, between
buyer and seller in the sale of fireplace or stove wood by the
"truckload" shall be permitted.
7. "Delivery Ticket or Sales Invoice." A delivery
ticket or sales invoice shall be presented by the seller to the purchaser
whenever any nonpackaged fireplace or stove wood is sold. The delivery ticket
or sales invoice shall contain at least the following information:
(a) The name and address of the vendor;
(b) The name and address of the purchaser;
(c) The date delivered;
(d) The quantity delivered and the quantity upon which the
price is based, if this differs from the delivered quantity;
(e) The price of the amount delivered.
C. Peat and Peat Moss. Applies only with respect to organic
matter of geological origin, excluding coal and lignite, originating
principally from dead vegetative remains through the agency of water in the
absence of air and occurring in a bog, swampland, or marsh, and containing an
ash content not exceeding 25% on a dry-weight basis (dried in an oven at 105°C
(221°F) until no further weight loss can be determined).
1. Declaration of Quantity. The declaration of quantity of
peat and peat moss shall be expressed in weight units or in cubic-measure
units.
2. Units.
a. Weight. Peat and peat moss sold in terms of weight shall
be offered or exposed for sale only in pounds and/or kilograms.
b. Cubic Measure. Peat and peat moss sold in terms of cubic
measure shall be offered and exposed for sale only in cubic feet and/or liters.
If the commodity is labeled in terms of compressed cubic measurement, the
quantity declaration shall represent the quantity in the compressed state and
the quantity from which the final product was compressed (the latter
declaration not exceeding the actual amount of material that can be recovered.)
D. Prefabricated Utility Buildings. These buildings shall
be offered for retail sale on the basis of usable inside space as follows:
1. Length, measured from inside surface of wall panels at
the base;
2. Width, measured from inside surface of wall panels at the
base;
3. Height, measured from the base to the top of the shortest
wall panel.
(Inside dimensions in inch-pound units shall be declared to
the nearest inch; inside dimensions in metric units shall be declared to the
nearest 0.01 meter.)
If total usable inside space is declared in a supplemental
declaration, it shall be to the nearest cubic decimeter or cubic foot.
E. Roofing and Roofing Material. Shall be sold either by
the square or by the square foot only if sold in inch-pound units or by the
square meter only if sold in metric units.
1. "Square Meter." The quantity of roofing or
roofing material that, when applied according to the directions or instructions
of the manufacturer, will cover one square meter exclusive of side laps or side
joints.
2. "Square." The quantity of roofing or roofing
material that, when applied according to directions or instructions of the
manufacturer, will cover an area of 100 square feet exclusive of side laps or
side joints; provided, that in the case of roofing or roofing material of
corrugated design, the side lap or side joint shall be one full corrugation.
3. "Square Foot." The quantity of roofing and
roofing material that, when applied according to the directions or instructions
of the manufacturer, will cover 1 square foot (144 square inches) exclusive of
side laps or side joints.
4. "Declaration of Quantity." When the declaration
of quantity on a package of roofing or roofing material contains the term
"square," it shall include, plainly and conspicuously, a numerical
definition of the term "square;" for example, "One square covers
100 square feet of roof area."
5. "Common Fractions." The use of the common
fraction one-third (⅓) is specifically authorized in the quantity
statement of a package of roofing or roofing material when, and only when, used
as the common fraction of the "square."
6. "Quantity Statement." The primary declaration
if in inch-pound units shall only be in terms of squares or square feet and if
in metric units shall only be in terms of square meters. There is no
prohibition against the use of supplementary quantity declarations, such as
shingle dimensions but in no case shall the weight of the material be stated or
implied. However, the use of numerical description for rolls of felt roofing
material may continue to be used.
F. Sealants. Caulking compounds, glazing compounds and
putty shall be sold in terms of liquid measure except that rope caulk shall be
sold by weight.
G. Softwood Lumber.11 Applies to softwood
boards, timbers, and dimension lumber that have been dressed on four sides, but
shall not apply to rough lumber, to lumber that has been matched, patterned, or
shiplapped, or to lumber remanufactured or joined so as to have changed the
form or identity, such as individual, assembled, or packaged millwork items.
1. "Dressed (Surfaced) Lumber." Lumber that has
been dressed (or surfaced) for the purpose of attaining smoothness of surface
and uniformity of size.
2. "Boards." Lumber 1-¼ inches or less in actual
thickness and 1-½ or more inches in actual width. Lumber less than 1-½ inches
in actual width may be classified as strips.
3. "Timbers." Lumber 1-½ or more inches in least
actual dimension. Timber may be classified as beams, stringers, posts, caps,
sills, girders, purlins, etc.
4. "Dimension Lumber." Lumber from 1-½ inches to,
but not exceeding, 4-½ inches in actual thickness, and 1-½ or more inches in
actual width. Dimension lumber may be classified as framing, joists, planks,
rafters, studs, small timbers, etc.
5. "Rough Lumber." Lumber that has not been
dressed but which has been sawed, edged, and trimmed at least to the extent of
showing saw marks in the wood on the four longitudinal surfaces of each piece
for its overall length.
6. "Matched Lumber." Lumber that has been worked
with a tongue on one edge of each piece and a groove on the opposite edge to
provide a close tongue-and-groove joint by fitting two pieces together; when
end-matched, the tongue and groove are worked in the ends also.
7. "Patterned Lumber." Lumber that is shaped to a
pattern or to a molded form, in addition to being dressed, matched, or
shiplapped, or any combination of these workings.
8. "Shiplapped Lumber." Lumber that has been
worked or rabbeted on both edges of each piece to provide a close-lapped joint
by fitting two pieces together.
9. "Grade." The commercial designation assigned to
lumber meeting specifications established by a nationally recognized grade rule
writing organization.
10. "Species." The commercial name assigned to a
species of trees.
11. "Species Group." The commercial name assigned
to two or more individual species having similar characteristics.
12. "Representation." Any advertisement, offering,
invoice, or the like that pertains to the sale of lumber.
13. "Minimum Dressed Sizes (Width and Thickness)."
The standardized width and thickness at which lumber is dressed when manufactured
in accordance with the United States Department of Commerce Voluntary Product
Standard 20-70, "American Softwood Lumber Standard," and regional
grading rules conforming to VPS 20-70. (See Table 1.)
14. "Identity." Representations shall include a
declaration of identity that specifies the grade or grades, species or species
group, and whether the lumber is unseasoned (green) or dry.
15. "Quantity." Representations shall be in terms
of the number of pieces, the minimum dressed width and thickness, the length of
individual pieces, or the lineal footage, except that:
a. The use of nominal dimensions shall be allowed when used
in conjunction with the required minimum dressed sizes and actual length.
b. With respect to all invoices, a table of minimum dressed
sizes may appear on the reverse side of the invoice, so long as appropriate
reference to the table is prominently and conspicuously shown on the face of
the invoice.
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Note 1. The dry thicknesses of nominal 3" and 4"
lumber are 2½" and 3½"; unseasoned thicknesses are 29/16" and
39/16". Widths for these thicknesses are the same as shown above.
Note 2. Product Standard 20-70 defines dry lumber as being
19% or less in moisture content and unseasoned lumber as being over 19% or less
in moisture content. The size of lumber changes approximately1.0% for each 4.0%
change in moisture content. Lumber stabilizes at approximately 15% moisture
content under normal use conditions.
H. Polyethylene Products. Consumer products offered and
exposed for sale at retail shall be sold in terms of:
1. Sheeting and Film.
(a) Length and width.
(b) Area in square feet or square meters.
(c) Thickness.
(d) Weight.
2. Food Wrap.
(a) Length and width.
(b) Area in square feet or square meters.
3. Lawn and Trash Bags.
(a) Count.
(b) Dimensions.
(c) Thickness.
4. Food and Sandwich Bags.
(a) Count.
(b) Dimensions.
Products not intended for the retail consumer shall be
offered and exposed for sale in terms of:
5. Sheeting and Film.
(a) Length.
(b) Width.
(c) Thickness.
(d) Weight.
6. Bags.
(a) Count.
(b) Dimensions.
(c) Thickness.
(d) Weight.
I. Declaration of Weight. The labeled statement of weight
for polyethylene products under subsections H 1, H 5, and H 6 of this section
shall be not less than the weight calculated by using the following formula:
W = 2; T x A x 0.03613 x D, where
W = 2; net weight in pounds
T = 2; nominal thickness in inches
A = 2; Nominal length in inches times nominal width in
inches
D = 2; density in grams per cubic centimeter as determined
by ASTM Standard D1505-68 Standard Method of Test for Density of Plastics by
the Density Gradient Technique (or latest issue).
03613 is a factor for converting g/cm3 to lb/in3.
J. Insulation.
1. Packaged Loose-Fill Insulation Except Cellulose. Packaged
loose-fill insulation, except cellulose, shall declare the net weight with no
qualifying statement; each package must contain at least the stated weight. In
addition, the following information shall be supplied on the package: minimum
thickness, maximum net coverage area, number of bags per 1000 square feet, and
minimum weight per square foot at R-values of 11, 19, and 22. This information
shall also be supplied for any additional R-values listed.
2. Packaged Loose-Fill Cellulose Insulation. The principal
display panel of packaged loose-fill cellulose insulation shall declare the net
weight with no qualifying statement; each package must contain at least the
stated weight. In addition, the following information shall be supplied on the
package: minimum thickness, maximum net coverage area, number of bags per 100
square feet, and minimum weight per square foot at R-values of 13, 19, 24, 32,
and 40. This information shall also be supplied for any additional R-values
listed.
3. Batt and Blanket Insulation. The principal display panel
of packaged batt or blanket insulation shall declare the square feet of
insulation in the package, and the length and width of the batt or blanket. In
addition, R-value and thickness shall be declared on the package.
4. Installed Insulation. Installed insulation must be
accompanied by a contract or receipt. For all insulation except loose fill and
aluminum foil, the receipt must show the coverage area, thickness, and R-value
of the insulation installed. For loose-fill, the receipt must show those three
items plus the number of bags used. For aluminum foil, the receipt must show
the number and thickness of the air spaces, the direction of heat flow, and
R-value. The receipt must be dated and signed by the installer.
EXAMPLE: This is to certify that the insulation has been
installed in conformance with the requirements indicated by the manufacturer to
provide a value of R-19 using 31.5 bags of insulation to cover a 1500 square
foot area. Signed and dated.
K. Liquified Petroleum Gas Cylinder Tare Weights. Whenever stamped
tare weights on cylinders are employed in the sale of liquified petroleum gas,
the following shall apply:
1. Allowable Difference. The allowable difference between
the actual tare weight and the stamped tare weight for a new or used cylinder
shall be 1% of the actual tare weight. The tare weight shall include the weight
of the cylinder (including paint), valve, and other permanent attachments. The
weight of a protective cap shall not be included in tare or gross weights.
2. Average Requirement. The tare weights of cylinders at a
single place of business found to be in error predominantly in a direction
favorable to the seller and near the allowable difference limit shall be
considered to be not in conformance with these requirements.
L. Bark Mulch. All bark mulch shall be sold, offered, or
exposed for sale in terms of volume measure: in inch-pound units, in terms of
the cubic yard or cubic foot; in metric units, in terms of the cubic meter or
liter.
11 Values in metric units for softwood lumber will
not be added until a new standard is developed to cover metric softwood lumber.
2VAC5-340-170. General. (Repealed.)
A. Presentation of Price. Whenever an advertised, posted,
or labeled price per unit of weight, measure, or count for any commodity includes
a fraction of a cent, all elements of the fraction shall be prominently
displayed, and the numerals expressing the fraction shall be immediately
adjacent to, of the same general design and style as, and at least one-half of
the height and width of the numerals representing the whole cent. (Weights and
Measures Law § 3.2-5631)
B. Allowable Differences: Combination Quantity
Declarations. Whenever the method of sale for a bulk or packaged commodity
requires the use of a statement, that includes count in addition to weight,
measure, or size, the following shall apply to the particular commodity:
1. Beverageware: Pressed and Blown Tumblers and Stemware.
The allowable difference between actual and declared capacity shall be:
a. For Inch-Pound:
(1) Plus or minus ¼ fluid ounce for items of five fluid
ounce capacity or less;
(2) Plus or minus 5% of the stated capacity for items over
five fluid ounce capacity.
b. For Metric:
(1) Plus or minus 10 milliliters for items of 200
milliliter capacity or less;
(2) Plus or minus 5% of the stated capacity for items over
200 milliliter capacity.
C. Machine Vended Commodities. All vending machines
dispensing packaged commodities shall indicate:
1. Product identity.
2. Net Quantity.
3. Name, address, and telephone number of responsible party.
The requirements for product identity and net quantity can
be met either by display of the package or by information posted on the outside
of the machine.
D. Railroad Car Tare Weights. Whenever stenciled tare
weights on freight cars are employed in the sale of commodities or the
assessment of freight charges, the following conditions and requirements shall
apply:
1. Newly or Restenciled Tare Weights. All newly stenciled or
restenciled tare weights shall be accurately represented to the nearest 100
pounds for inch-pound units and the nearest 50 kilograms for metric units and
the representation shall include the date of weighing.
2. Allowable Differences. The allowable difference between
actual tare weight and stenciled tare weight on freight cars in use shall be
per subdivision D 2 a or b of this section.
a. Inch-pound allowable difference:
(1) Plus or minus 300 pounds for cars 50,000 pounds or
less;
(2) Plus or minus 400 pounds for cars over 50,000 pounds to
and including 60,000 pounds;
(3) Plus or minus 500 pounds for cars over 60,000 pounds.
b. Metric allowable difference:
(1) Plus or minus 150 kilograms for cars 25,000 kilograms
or less;
(2) Plus or minus 200 kilograms for cars over 25,000
kilograms to and including 30,000 kilograms;
(3) Plus or minus 250 kilograms for cars over 30,000
kilograms.
3. Change of Stenciled Weights. Tare weight determinations
for verification or change of stenciled weights shall only be made on properly
prepared and adequately cleaned freight cars.
4. Responsibility For Reweighing and Restenciling. Tank
cars, covered hopper cars, flat cars equipped with multideck racks, or special
superstructure, mechanical refrigerator cars, and house-type cars equipped with
special lading protective devices must be reweighed and restenciled only by
owners or other authorized representatives:
a. When car bears no light weight (empty weight)
stenciling;
b. When repairs or alterations result in a change of weight
in excess of the permissible lightweight tolerance.
2VAC5-340-180. Exemptions from sealing or marking and/or
annual retesting of weights and measures devices. (Repealed.)
A. Weights and Measures Specifically Exempted. The weights
and measures listed below shall be specifically exempted from the sealing and
marking requirements of §§ 3.2-5607 and 3.2-5613 of the Code of Virginia.
B. Annual Retesting Exemption. The weights and measures
listed below shall be specifically exempted from the annual retesting
requirements of §§ 3.2-5607 and 3.2-5609 of the Code of Virginia, and shall be
retested only as required:
1. Vehicle tanks used as measures.*
2. Farm milk tanks.*
3. Liquid measures.*
4. Glass graduates.*
5. Measures containers.*
6. Linear measures.*
7. Dry measures.*
*Whenever an item of this class is damaged, repaired, or
modified in any way that affects the accuracy of measurement, it shall not
thereafter be used for measurement until it has been officially inspected and
reapproved.
2VAC5-340-190. Weighing tobacco in auction warehouses. (Repealed.)
A. Sale By Net Weight - Value of Minimum Graduation. All tobacco
received at tobacco auction warehouses for the purpose of sale must be weighed
and sold on the basis of net weight, and shall be weighed on approved scales.
The value of the minimum graduated interval on the main-weighbeam elements, on
the tare-weighbeam elements, and on the reading face elements of scales in
tobacco weighing service shall be not greater than one pound. The weighbeam or
any other device or mechanism that is used to set the tare weight of the
pushcart, dollies, baskets and/or sheets shall be completely enclosed.
B. Variation Permitted in Basket or Truck. In markets where
baskets and trucks used in placing tobacco on the warehouse floor are
represented as being of an average weight and uniform weight deductions are
made to determine net weight, no basket or truck shall vary more than one-half
pound either above or below the true average weight. If uniform weight
deductions are made for the average weight of the basket and truck, the scale
shall be balanced at the average weight of trucks and baskets used by
back-balancing the scale. Each warehouse operation using baskets shall have
(available at the warehouse at least 8 week prior to the opening date of each
sales season) a reasonable number (but not less than 100) of baskets on which the
average weight can be determined by the Weights and Measures Inspector.
C. Baskets Required To Be Marked. In markets where baskets
are not represented as being of an average weight, or where baskets vary more
than ½ pound from the average weight of baskets used, each such basket shall be
plainly marked with its correct weight, and this weight shall be deducted from
the gross weight at the time of weighing. In all such markets, scales shall be
balanced at the average weight of the truck only by back-balancing the scale.
No warehouse truck shall vary more than ½ pound either above or below the true
average weight.
D. Scale Ticket Requirements. All baskets or other
containers of tobacco weighed and placed on the warehouse floor for the purpose
of sale shall be accompanied by a scale ticket on which there shall be plainly
and conspicuously stated the name of the seller and the net weight of the
tobacco. The date of weighing and the initials of the weighmasters must be
shown on each floor sheet (Tobacco Sale Bill). The seller shall be given a copy
of this floor sheet at the time the tobacco is weighed.
E. Weigh To The Nearest Whole Pound. All tobacco weighed
for the purpose of sale, offering for sale, or sold, including
"House" and/or "Speculators" tobacco, shall be weighed and
recorded accurately to the nearest whole pound.
F. Reworked or Resale Tobacco. All "reworked" or
"resale" tobacco must be reweighed before it is again offered or
exposed for sale.
G. Weighmaster Name and Address To be Posted. In all tobacco
warehouse offices, the full name and complete address (residence) of all
weighmasters shall be posted. Each weighmaster shall personally initial the
posted lists with the same initials he will use on floor sheets.
H. Record Retention. It shall be the duty of every tobacco
auction market manager to retain a copy of all records, including sales
coupons, weight tickets, accounts of sales, and other records covering each
transaction, for a period of three years. This copy shall be available for, and
open to, the confidential inspection of the Commissioner of Agriculture and
Consumer Services, or his authorized agents at all times.
2VAC5-340-200. Regulation requiring delivery ticket. (Repealed.)
A. Requirements For Delivery Tickets. All coal, coke, charcoal,
agricultural limestone (whether burnt or unburnt), and fertilizer shall be sold
by weight. Unless the product is delivered to the purchaser in package form,
each delivery to an individual purchaser shall be accompanied by duplicate
delivery tickets on which, in ink or other indelible substance, there shall be
clearly stated:
1. The name and address of the vendor,
2. The name and address of the purchaser, and
3. The net weight of the delivery and the gross and tare
weight from which the net weight is computed, each expressed in pounds.
However, on any agricultural commodity, produce, sand,
gravel, or any other commodity product or merchandise that is being sold in
bulk form by weight, the gross and tare weights need not appear on the delivery
ticket. The net weight may be expressed in pounds or kilograms. One of these
tickets shall be retained by the vendor, and the other shall be delivered to
the purchaser at the time of delivery of the product, or shall be surrendered
on demand to the Commissioner of Agriculture and Consumer Services or his
assistant, or an inspector, or sealer. If the official desires to retain the
ticket as evidence, a substitute weight slip shall be given to the purchaser.
However, if the purchaser carries away the purchase, the vendor shall be
required only to give to the purchaser a delivery ticket at the time of sale
stating the number of pounds of product delivered.
2. Exemption for Users of Vehicle Scales.
A vehicle scale shall not be used for weighing gross loads
smaller than 50d (d = scale division).
Users of vehicle scales for other than livestock and grain
shall be exempt from the minimum net load requirement (50 scale divisions) of
U.R.3.7 of the Scale Code, National Bureau of Standards Handbook 44, 1989
Edition.