Chapter 06 — Weights and Measures

Any package containing individual units of reasonably similar commodities (such as, for example, seasonal gift packages and variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package. History: Rule 6-76, eff …

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 fo…

(a) Commodities designed 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: (1) For bag-type commodities, in terms of count followed by linear dimension…

(a) 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 s…

Packages of seeds intended for planting shall be labeled in full accord with this article except as follows : (a) The quantity statement shall appear in the upper 30% of the principal display panel; (b) The quantity statements shall be in terms of the largest whole unit of the me…

Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit, except as provided in 27.0651. History: Ru…

(a) A random package bearing a label conspicuously declaring the net weight price per pound, and total price shall be exempt from the type size, dual declaration, placement, and free area requirements of this article. In the case of a random package packed at one place for subseq…

Individually. wrapped pieces of “penny candy” and other confectionery of less than 1/2 ounce net weight per individual piece shall be exempt from the labeling requirements of this regulation when the container in which such confectionery is shipped is in conformance with the labe…

Individual-serving-size packages of foods containing less than 1/2 ounce or less than 1/2 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 speci…

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 article, such individual cuts, plugs, and twists of tobacco, and cigars, shall be exempt from such labeling requirem…

Nothing in this article shall be deemed to preclude the continued use of reusable (returnable) glass containers; provided, that such glass containers ordered after 19 act 76 shall conform to all requirements of this article. History: Rule 6-76, eff 19 Oct 76, § 49.

Cartons of cigarettes and small cigars, containing 10 individual packages of 20 labeled in accordance with the requirements of this article shall be exempt from the requirements set forth in 27.0640, 27.0646, and 27.0651; provided, that such cartons bear a declaration of the net …

Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from the requirements set forth in 27.0629,27.0640, and 27.0646; provided, that quantity labeling requir…

(a) Fluid dairy products, ice cream, and similar frozen desserts: (1) when packaged in 1/2-liquid-pint and l/2-gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as l/2-pint and 1/2-gallon, re…

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-fluid-ounce and 64-fluid-ounce capacity, are exempt from the requirements of 27.0626(a)(2) t…

(a) 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 w…

When packaged in 4-ounce, 8-ounce, and 1- pound units with continuous-label-copy wrapping, butter is exempt from the requirements of 27.0618(a) and 27.0644 that the statement of identity and the net quantity declaration be generally parallel to the base of the package. When packa…

Cartons containing 12 eggs shall be exempt from the requirement of 27.0640 for location 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 article if the undivided carton conform…

Packages of wheat flour packaged in units of 2, 5, 10, 25, 50, and 100 pounds shall be exempt from the requirement of 27.0640 for location of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirement of 27.0629(a) for a dual q…

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 article. History: Rule 6-76, eff 19 Oct 76, § 58.

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 1/4 ounce or less, may be a tear-away tag or tape affixed to the …

Combination packages are exempt from the requirements of 27.0640, 27.0641, and 27.0646. History: Rule 6-76, eff 19 Oct 76, § 60.

Margarine in 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than 4 sticks, shall be exempt from the requirement of 27.0640 for location of the net quantity declaration, and shall be exempt from the requirement of…

Corn flour packaged in conventional 5, 10, 25, 50, and 100-pound bags shall be exempt from the requirement of 27.0640 for location of the net quantity declaration. History: Rule 6-76, eff 19 Oct 76, § 62.

Prescription and insulin-containing drugs subject to the provisions of § § 503 (b) (1) or 506 of the federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this article. History: Rule 6-76, eff 19 Oct 76, § 63.

Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this article which 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 …

(a) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packaged in l-liquid-pint and l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b). (b) Tint base paint may be labeled on the principal display pan…

Antifreeze, when packed in l-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of 27.0629(b). History: Rule 6-76, eff 19 Oct 76, § 66.

Motor oils, when packed in l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b). Additionally, motor oil in l-liquid-quart, l-gallon, 1-1/4 gallon, 2-gallon, and 2-1/2- gallon units, bearing the principal display panel on the body of…

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 of …

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 27.0621 while moving in commerce and while …

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 article, except that those co…

Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of 27.0629; provided, that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this article. History: Rule 6-76, eff 19 O…

(a) 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 suc…

(a) The term “cents-off representation” means any printed matter consisting of the words “cents off’ or words of similar import, placed upon any consumer package or placed upon any label affixed or adjacent to such package, stating or representing by implication that it is being …

(a) ‘”Introductory offer” means any printed matter consisting of the words “introductory offer” or words of similar import, placed upon a package containing any new commodity or upon any label affixed on or adjacent to such new commodity, stating or representing by implication th…

(a) “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 or adjacent to su…

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end all provisions of t…

All rules heretofore adopted on packaging and labeling are hereby superseded in their entirety and of no further force and effect. History: Rule 6-76, eff 19 Oct 76, § 77.