§1453 — Title 15 Commerce and Trade | U.S. Code

Summary

Packaged consumer products must have a clear label that says what the product is and gives the name and place of business of the maker, packer, or distributor. The label must show the net amount (by weight, measure, or count) on the main front panel. That amount must use customary U.S. units and, except for some cases below, the SI metric units too. For weight, show pounds and any remainder in ounces or fractions of a pound. For liquids, use the largest whole unit (quarts or pints) and any remainder in fluid ounces or fractions. Linear and area sizes use the largest whole unit with remainders in smaller units or fractions. A “random package” (a lot of the same item with different weights) may show pounds with decimal fractions to no more than three decimal places and does not have to include metric units, though it may show metric to no more than three decimals. Foods packaged at the retail store level do not need the metric statement. The net amount must be easy to read, stand out from other label text, use a type size set by the size of the main panel and be the same for similar package sizes, and be printed so the lines run parallel to the base when displayed. If a package claims a number of servings, it must list the net amount per serving. You may not put qualifying words next to the required net amount statement. Other truthful, nonmisleading quantity statements are allowed elsewhere on the package, but they must not use terms that make the amount seem bigger than it is.

Title 15, §1453

Commerce and Trade — Source: USLM XML via OLRC

(a)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, 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)(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) 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 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)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), but nothing in this subsection or in paragraph (2) of subsection (a) 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–245, § 107, which directed amendment of section, effective two years after Feb. 14, 1992, by substituting “weight or mass” for “weight” in subsecs. (a)(2), (4), (5) and (b) and “weights or masses” for “weights” in subsec. (a)(5), by inserting “, using the most appropriate units of the SI metric system as the primary system for measuring quantity” after “panel of that label” in subsec. (a)(2), by substituting “that also displays the avoirdupois system of measure, and that contains” for “containing” in subsec. (a)(3)(A)(i), by inserting “that also displays the avoirdupois system of measure” after “random package” in subsec. (a)(3)(A)(ii), by inserting “that also displays the avoirdupois system of measure” after “linear measure” in subsec. (a)(3)(A)(iii), and by inserting “that also displays the avoirdupois system of measure” in subsec. (a)(3)(A)(iv), was repealed by Pub. L. 102–329, § 3. Subsec. (a)(2). Pub. L. 102–329, § 1(1), (3), substituted “weight or mass” for “weight” and inserted before semicolon at end “, 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”. Subsec. (a)(3)(A)(i). Pub. L. 102–329, § 1(4)(A), substituted “labeled in terms of weight, shall be expressed in pounds” for “containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units”. Subsec. (a)(3)(A)(ii). Pub. L. 102–329, § 1(4)(B), (C), substituted “three” for “two” and inserted before semicolon at end “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”. Subsec. (a)(3)(A)(iii). Pub. L. 102–329, § 1(4)(D), substituted “in terms of” for “both in terms of inches and”. Subsec. (a)(3)(A)(iv). Pub. L. 102–329, § 1(4)(E), substituted “in terms of” for “both in terms of square inches and”. Subsec. (a)(4). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”. Subsec. (a)(5). Pub. L. 102–329, § 1(1), (2), substituted “weight or mass” for “weight” and “weights or masses” for “weights”. Subsec. (a)(6). Pub. L. 102–329, § 1(5), added par. (6). Subsec. (b). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992

Amendments

Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The

Amendments

made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The

Amendments

made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such

Effective Date

. Nothing in the

Amendments

made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the

Amendments

made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

§1453 Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

Summary

Title 15, §1453

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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Effective Date

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Citations & Metadata