TITLE 15 - COMMERCE AND TRADE
CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM
§1451. Congressional Declaration of Policy.
Informed consumers are essential to the fair and efficient
functioning of a free market economy. Packages and their labels should enable
consumers to obtain accurate information as to the quantity of the contents and
should facilitate value comparisons. Therefore, it is hereby declared to be the
policy of the Congress to assist consumers and manufacturers in reaching these
goals in the marketing of consumer goods.
§1452. Unfair and Deceptive Packaging and Labeling: Scope of
Prohibition.
(a)
Nonconforming labels - It shall be unlawful for any person engaged in the
packaging or labeling of any consumer commodity (as defined in this chapter)
for distribution in commerce, or for any person (other than a common carrier
for hire, a contract carrier for hire, or a freight forwarder for hire) engaged
in the distribution in commerce of any packaged or labeled consumer commodity,
to distribute or to cause to be distributed in commerce any such commodity if
such commodity is contained in a package, or if there is affixed to that
commodity a label, which does not conform to the provisions of this chapter and
of regulations promulgated under the authority of this chapter.
(b)
Exemptions - The prohibition contained in subsection (a) of this section shall
not apply to persons engaged in business as wholesale or retail distributors of
consumer commodities except to the extent that such persons (1) are engaged in
the packaging or labeling of such commodities, or (2) prescribe or specify by
any means the manner in which such commodities are packaged or labeled.
§1453. Requirements of Labeling; Placement, Form, and Contents
of Statement of Quantity; Supplemental Statement of Quantity.
(a)
Contents of label - No person subject to the prohibition contained in section
1452 of this title shall distribute or cause to be distributed in commerce any
packaged consumer commodity unless in conformity with regulations which shall
be established by the promulgating authority pursuant to section 1455 of this
title which shall provide that -
(1) The commodity shall bear a label specifying the identity of the
commodity and the name and place of business of the manufacturer, packer, or
distributor;
(2) The net quantity of contents (in terms of weight or mass,
measure, or numerical count) shall be separately and accurately stated in a
uniform location upon the principal display panel of that label:
(A) using the most appropriate unit of the metric system of
measurement and the inch-pound measurement equivalent, except as provided in
paragraph (6) of this subsection; or
(B) using only the most appropriate units of the metric system of
measurement.
(2)
The net quantity of contents (in terms of weight or mass, measure, or numerical
count) shall be separately and accurately stated in a uniform location upon the
principal display panel of that label, using the most appropriate units of both
the customary inch/pound system of measure, as provided in paragraph (3) of
this subsection, and except as provided in paragraph (3)(A)(ii) or paragraph
(6) of this subsection, the SI metric system.
(3) The separate label statement of net quantity of contents
appearing upon or affixed to any package -
(A) for those portions of the net quantity of contents statement
using inch-pound units,
(i) if on a package labeled in terms of weight, shall be expressed in
pounds, with any remainder in terms of ounces or common or decimal fractions of
the pound; or in the case of liquid measure, in the largest whole unit (quarts,
quarts and pints, or pints, as appropriate) with any remainder in terms of
fluid ounces or common or decimal fractions of the pint or quart;
(ii) if on a random package, may be expressed in terms of pounds
and decimal fractions of the pound carried out to not more than three decimal
places; and is not required to, but may include a statement in terms of the
SI metric system carried out to not more than three decimal places
(iii) if on a package labeled in terms of linear measure, shall be
expressed in terms of the largest whole unit (yards, yards and feet, or feet,
as appropriate) with any remainder in terms of inches or common or decimal
fractions of the foot or yard;
(iv) if on a package labeled in terms of measure of area, shall be
expressed in terms of the largest whole square unit (square yards, square yards
and square feet, or square feet, as appropriate) with any remainder in terms of
square inches or common or decimal fractions of the square foot or square yard;
(B) shall appear in conspicuous and easily legible type in distinct
contrast (by topography, layout, color, embossing, or molding) with other
matter on the package;
(C) shall contain letters or numerals in a type size which shall be
(i) established in relationship to the area of the principal display panel of
the package, and (ii) uniform for all packages of substantially the same size;
and
(D) shall be so placed that the lines of printed matter included in
that statement are generally parallel to the base on which the package rests as
it is designed to be displayed; and
(4) The label of any package of a consumer commodity which bears a
representation as to the number of servings of such commodity contained in such
package shall bear a statement of the net quantity (in terms of weight or mass,
measure, or numerical count) of each such serving.
(5) For purposes of paragraph (3)(A)(ii) and paragraph (6) of
this subsection the term ''random package'' means a package which is one of a
lot, shipment, or delivery of packages of the same consumer commodity with
varying weights or masses, that is, packages with no fixed weight or mass
pattern.
(6) The net quantity of contents statement for foods that are
packaged at the retail store level and for random packages shall be expressed
using one of three possible regimes: using only the most appropriate units of
the metric system, using only the most appropriate inch-pound units, or using
both the metric units and inch-pound units.
(6) The requirement of paragraph (2) that the statement of net
quantity of contents include a statement in terms of the SI metric system shall
not apply to foods that are packaged at the retail store level.
(b)
Supplemental statements
No
person subject to the prohibition contained in section 1452 of this title shall
distribute or cause to be distributed in commerce any packaged consumer
commodity if any qualifying words or phrases appear in conjunction with the
separate statement of the net quantity of contents required by subsection (a)
of this section, but nothing in this subsection or in paragraph (2) of
subsection (a) of this section shall prohibit supplemental statements, at other
places on the package, describing in nondeceptive terms the net quantity of
contents: Provided, That such supplemental statements of net quantity of
contents shall not include any term qualifying a unit of weight or mass,
measure, or count that tends to exaggerate the amount of the commodity
contained in the package.
§1454. Rules and Regulations.
(a)
Promulgating authority - The authority to promulgate regulations under this
chapter is vested in (A) the Secretary of Health and Human Services (referred
to hereinafter as the ''Secretary'') with respect to any consumer commodity
which is a food, drug, device, or cosmetic, as each such term is defined by
section 321 of title 21; and (B) the Federal Trade Commission (referred to
hereinafter as the ''Commission'') with respect to any other consumer
commodity.
(b)
Exemption of commodities from regulations - If the promulgating authority
specified in this section finds that, because of the nature, form, or quantity
of a particular consumer commodity, or for other good and sufficient reasons,
full compliance with all the requirements otherwise applicable under section
1453 of this title is impracticable or is not necessary for the adequate
protection of consumers, the Secretary or the Commission (whichever the case
may be) shall promulgate regulations exempting such commodity from those
requirements to the extent and under such conditions as the promulgating
authority determines to be consistent with section 1451 of this title.
(c)
Scope of additional regulations - Whenever the promulgating authority
determines that regulations containing prohibitions or requirements other than
those prescribed by section 1453 of this title are necessary to prevent the
deception of consumers or to facilitate value comparisons as to any consumer
commodity, such authority shall promulgate with respect to that commodity
regulations effective to -
(1) establish and define standards for characterization of the size
of a package enclosing any consumer commodity, which may be used to supplement
the label statement of net quantity of contents of packages containing such
commodity, but this paragraph shall not be construed as authorizing any
limitation on the size, shape, weight or mass, dimensions, or number of
packages which may be used to enclose any commodity;
(2) regulate the placement upon any package containing any commodity,
or upon any label affixed to such commodity, of any printed matter stating or
representing by implication that such commodity is offered for retail sale at a
price lower than the ordinary and customary retail sale price or that a retail
sale price advantage is accorded to purchasers thereof by reason of the size of
that package or the quantity of its contents;
(3) require that the label on each package of a consumer commodity
(other than one which is a food within the meaning of section 321(f) of title
21) bear (A) the common or usual name of such consumer commodity, if any, and
(B) in case such consumer commodity consists of two or more ingredients, the
common or usual name of each such ingredient listed in order of decreasing
predominance, but nothing in this paragraph shall be deemed to require that any
trade secret be divulged; or
(4) prevent the nonfunctional-slack-fill of packages containing
consumer commodities. For purposes of paragraph (4) of this subsection, a
package shall be deemed to be nonfunctionally slack-filled if it is filled to
substantially less than its capacity for reasons other than (A) protection of
the contents of such package or (B) the requirements of machines used for
enclosing the contents in such package.
(d)
Development by manufacturers, packers, and distributors of voluntary product
standards - Whenever the Secretary of Commerce determines that there is undue
proliferation of the weights or masses, measures, or quantities in which any
consumer commodity or reasonably comparable consumer commodities are being
distributed in packages for sale at retail and such undue proliferation impairs
the reasonable ability of consumers to make value comparisons with respect to
such consumer commodity or commodities, he shall request manufacturers,
packers, and distributors of the commodity or commodities to participate in the
development of a voluntary product standard for such commodity or commodities
under the procedures for the development of voluntary products standards
established by the Secretary pursuant to section 272 of this title. Such
procedures shall provide adequate manufacturer, packer, distributor, and
consumer representation.
(e)
Report and recommendations to Congress upon industry failure to develop or
abide by voluntary product standards - If (1) after one year after the date on
which the Secretary of Commerce first makes the request of manufacturers,
packers, and distributors to participate in the development of a voluntary
product standard as provided in subsection (d) of this section, he determines
that such a standard will not be published pursuant to the provisions of such
subsection (d), or (2) if such a standard is published and the Secretary of
Commerce determines that it has not been observed, he shall promptly report
such determination to the Congress with a statement of the efforts that have
been made under the voluntary standards program and his recommendation as to
whether Congress should enact legislation providing regulatory authority to
deal with the situation in question.
§1455. Procedures for Promulgation of Regulations.
(a)
Hearings by Secretary of Health and Human Services - Regulations promulgated by
the Secretary under section 1453 or 1454 of this title shall be promulgated,
and shall be subject to judicial review, pursuant to the provisions of
subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized
or required for the promulgation of any such regulations by the Secretary shall
be conducted by the Secretary or by such officer or employees of the Department
of Health and Human Services as he may designate for that purpose.
(b)
Judicial review; hearings by Federal Trade Commission - Regulations promulgated
by the Commission under section 1453 or 1454 of this title shall be
promulgated, and shall be subject to judicial review, by proceedings taken in
conformity with the provisions of subsections (e), (f), and (g) of section 371
of title 21 in the same manner, and with the same effect, as if such
proceedings were taken by the Secretary pursuant to subsection (a) of this
section. Hearings authorized or required for the promulgation of any such
regulations by the Commission shall be conducted by the Commission or by such
officer or employee of the Commission as the Commission may designate for that
purpose.
(c)
Cooperation with other departments and agencies - In carrying into effect the
provisions of this chapter, the Secretary and the Commission are authorized to
cooperate with any department or agency of the United States, with any State,
Commonwealth, or possession of the United States, and with any department,
agency, or political subdivision of any such State, Commonwealth, or
possession.
(d)
Returnable or reusable glass containers for beverages - No regulation adopted
under this chapter shall preclude the continued use of returnable or reusable
glass containers for beverages in inventory or with the trade as of the
effective date of this Act, nor shall any regulation under this chapter
preclude the orderly disposal of packages in inventory or with the trade as of
the effective date of such regulation.
§1456. Enforcement.
(a)
Misbranded consumer commodities - Any consumer commodity which is a food, drug,
device, or cosmetic, as each such term is defined by section 201 of the Federal
Food, Drug, and Cosmetic Act (21 US C. 321), and which is introduced or
delivered for introduction into commerce in violation of any of the provisions
of this chapter, or the regulations issued pursuant to this chapter, shall be
deemed to be misbranded within the meaning of chapter III of the Federal Food,
Drug, and Cosmetic Act (21 USC 331 et seq.), but the provisions of section 303
of that Act (21 USC. 333) shall have no application to any violation of section
1452 of this title.
(b)
Unfair or deceptive acts or practices in commerce - Any violation of any of the
provisions of this chapter, or the regulations issued pursuant to this chapter,
with respect to any consumer commodity which is not a food, drug, device, or
cosmetic, shall constitute an unfair or deceptive act or practice in commerce
in violation of section 45(a)of this title and shall be subject to enforcement
under section 45(b) of this title.
(c)
Imports - In the case of any imports into the United Statesof any consumer
commodity covered by this chapter, the provisions of sections 1453 and 1454 of
this title shall be enforced by the Secretary of the Treasury pursuant to
section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 USC.
381).
§1457. Annual Reports to Congress: Submission Dates.
Each officer or agency required or authorized by this chapter to
promulgate regulations for the packaging or labeling of any consumer commodity,
shall transmit to the Congress each year a report containing a full and
complete description of the activities of that officer or agency for the
administration and enforcement of this chapter during the preceding fiscal
year. All agencies except the Department of Health and Human Services and the
Federal Trade Commission shall submit their reports in January of each year.
The Department of Health and Human Services shall include this report in its
annual report to Congress on activities under the Federal Food, Drug, and
Cosmetic Act (21 USC. 301 et seq.), and the Federal Trade Commission shall
include this report in the Commission's annual report to Congress.
§1458. Cooperation with State Authorities; Transmittal of
Regulations to States; Noninterference with Existing Programs.
(a)
A copy of each regulation promulgated under this chapter shall be transmitted
promptly to the Secretary of Commerce, who shall (1) transmit copies thereof to
all appropriate State officers and agencies, and (2) furnish to such State
officers and agencies information and assistance to promote to the greatest
practicable extent uniformity in State and Federal regulation of the labeling
of consumer commodities.
(b)
Nothing contained in this section shall be construed to impair or otherwise
interfere with any program carried into effect by the Secretary of Health and
Human Services under other provisions of law in cooperation with State
governments or agencies, instrumentalities, or political subdivisions thereof.
§1459. Definitions.
For
the purpose of this chapter -
(a)
The term ''consumer commodity'', except as otherwise specifically provided by
this subsection, means any food, drug, device, or cosmetic (as those terms are
defined by the Federal Food, Drug, and Cosmetic Act (21 USC. 301 et seq.)), and
any other article, product, or commodity of any kind or class which is
customarily produced or distributed for sale through retail sales agencies or
instrumentalities for consumption by individuals, or use by individuals for
purposes of personal care or in the performance of services ordinarily rendered
within the household, and which usually is consumed or expended in the course
of such consumption or use.
Such term does not include -
(1) any meat or meat product, poultry or poultry product, or
tobacco
or tobacco product; (2) any commodity subject to packaging or labeling
requirements imposed by the Secretary of Agriculture pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (7 USC. 136 et seq.), or the
provisions of the eighth paragraph under the heading ''Bureau of Animal
Industry'' of the Act of March 4, 1913 (21 USC. 151 et seq.), commonly known as
the Virus-Serum-Toxin Act;
(3) any drug subject to the provisions of section 503(b)(1) or 506 of
the Federal Food, Drug, and Cosmetic Act (21 USC. 353(b)(1) and 356);
(4) any beverage subject to or complying with packaging or labeling
requirements imposed under the Federal Alcohol Administration Act (27 USC. 201
et seq.); or
(5) any commodity subject to the provisions of the Federal Seed Act
(7 USC. 1551 et seq.).
(b)
The term ''package'' means any container or wrapping in which any consumer
commodity is enclosed for use in the delivery or display of that consumer
commodity to retail purchasers, but does not include -
(1) shipping containers or wrappings used solely for the
transportation of any consumer commodity in bulk or in quantity to
manufacturers, packers, or processors, or to wholesale or retail distributors
thereof;
(2) shipping containers or outer wrappings used by retailers to ship
or deliver any commodity to retail customers if such containers and wrappings
bear no printed matter pertaining to any particular commodity; or
(3) containers subject to the provisions of the Act of August 3, 1912
(37 Stat. 250, as amended; 15 USC. 231-233), or the Act of March 4, 1915 (38
Stat. 1186, as amended; 15 USC. 234-236).
(c)
The term ''label'' means any written, printed, or graphic matter affixed to any
consumer commodity or affixed to or appearing upon a package containing any
consumer commodity.
(d)
The term ''person'' includes any firm, corporation, or association.
(e)
The term ''commerce'' means (1) commerce between any State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or possession of
the United States, and any place outside thereof, and (2) commerce within the
District of Columbia or within any territory or possession of the United States
not organized with a legislative body, but shall not include exports to foreign
countries.
(f)
The term ''principal display panel'' means that part of a label that is most
likely to be displayed, presented, shown, or examined under normal and
customary conditions of display for retail sale.
§1460. Savings Provisions.
Nothing contained in this chapter shall be construed to repeal,
invalidate, or supersede - (a) the Federal Trade Commission Act (15 USC. 41 et
seq.) or any statute defined therein as an antitrust Act; (b) the Federal Food,
Drug, and Cosmetic Act (21 USC. 301 et seq.); or (c) the Federal Hazardous
Substances Labeling Act (15 USC. 1261 et seq.).
§1461. Effect Upon State Law.
It
is hereby declared that it is the express intent of Congress to supersede any
and all laws of the States or political subdivisions thereof insofar as they
may now or hereafter provide for the labeling of the net quantity of contents
of the package of any consumer commodity covered by this chapter which are less
stringent than or require information different from the requirements of
section 1453 of this title or regulations promulgated pursuant thereto.
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