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RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA WEIGHTS AND MEASURES LAW (REPEALED)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 (Repealed.)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 (Repealed.)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:

(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:

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.

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.

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.