§ 11-305. Declarations on packages; packages on which declaration of unit price required

   (a) Declarations on packages -- In general. -- Unless otherwise provided, any commodity in a package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

   (1) The identity of the commodity in the package unless the commodity can be identified easily through the wrapper or container;

   (2) The net quantity of the contents in terms of weight, measure, or count; and

   (3) In the case of any package possessed, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as the Secretary adopts by rule or regulation.

(b) Declarations on packages -- Exaggerations; variations; exemptions. --

   (1) With regard to the declaration required under subsection (a)(2), the qualifying term "when packed", any words of similar meaning, or any term qualifying a unit of weight, measure, or count, such as, "jumbo", "giant", and "full", that tends to exaggerate the amount of commodity in a package may not be used.

   (2) In addition the Secretary, by rule or regulation, may adopt:

      (i) Reasonable variations including variations below the declared weight or measure caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure and that occur after the commodity is introduced into intrastate commerce;

      (ii) Exemptions as to small packages; and

      (iii) Exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.

(c) Packages on which declaration of unit price required. -- In addition to the declarations required by this section, if any commodity is in package form and the package is one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, the commodity shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.

(d) Rule or regulation to be consistent with unit price law. -- Any rule or regulation adopted under this section may not conflict with the provisions of the Code and rules and regulations relating to unit pricing of consumer commodities.

HISTORY: An. Code 1957, art. 97, § 19; 1973, 1st Sp. Sess., ch. 6, § 1; 1986, ch. 182, § 1.