[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-767]
[[Page Unknown]]
[Federal Register: January 12, 1994]
_______________________________________________________________________
Part V
Federal Trade Commission
_______________________________________________________________________
16 CFR Part 500
Regulations Under Section 4 of the Fair Packaging and Labeling Act;
Final Rule
FEDERAL TRADE COMMISSION
16 CFR Part 500
Regulations Under Section 4 of the Fair Packaging and Labeling
Act
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'')
amends its regulations issued under section 4 of the Fair Packaging and
Labeling Act (FPLA) to require the use of the units of both the
customary inch/pound measurement system and the metric measurement
system in the net quantity statement for certain consumer commodities.
This action is being taken to implement 1992 amendments to the FPLA,
which require such dual measurement system disclosure.
EFFECTIVE DATE: February 14, 1994.
FOR FURTHER INFORMATION CONTACT: Robert E. Easton, Special Assistant--
Enforcement, Federal Trade Commission, Washington, DC 20580, (202) 326-
3029 or Bret S. Smart, Consumer Protection Specialist, Los Angeles
Regional Office, Federal Trade Commission, 11000 Wilshire Blvd., suite
13209, Los Angeles, CA 90024, (310) 575-7890.
SUPPLEMENTARY INFORMATION:
Statement of Basis and Purpose
I. Introduction
In 1967, Congress enacted the Fair Packaging and Labeling Act (15
U.S.C. 1451 et seq.) (FPLA). Congress declared that packages and their
labels should be marked to enable consumers to obtain accurate
information as to the quantity of the contents and to facilitate value
comparisons.
To effectuate its policy of providing consumers accurate quantity
information on commodity labels, Congress in the FPLA set out general
disclosure requirements and delegated to various agencies, including
the FTC, the duty of promulgating regulations. The FTC in 1968
published regulations that provided detailed guidance to industry on
what to include in statements of identity of products; in the
identification of manufacturers, packers, or distributors; and in
declarations of net quantities (33 FR 4718, March 19, 1968; 16 CFR part
500).
The 1967 FPLA specified that the quantity disclosures be made in
the customary American inch/pound system of measurement. The FTC's
implementing regulations thus required use of the inch/pound system of
measurement. The FTC regulations, however, also permitted the use of
the metric system of measurement as an additional net quantity
disclosure (16 CFR 500.21).
In 1992, Congress amended the FPLA to require that the quantity
disclosure on labels of consumer commodities be in both the SI metric
system and the customary inch/pound system of measurement. This
amendment is consistent with the overall policy that the metric system
is the preferred system of weights and measures for commerce in the
United States (Omnibus Trade and Competitiveness Act, Public Law 100-
418, 15 U.S.C. 205b). Because of the metric amendments to the FPLA, the
FTC has conducted this rulemaking to amend its regulations to reflect
the requirement for dual disclosure.
This rulemaking has been conducted pursuant to the Commission Rules
prescribing special procedures for the promulgation and amendment of
FPLA regulations. (16 CFR part 1, subpart C.) Pursuant to these
procedures, interested parties were afforded the opportunity to
participate in the proceeding through the submission of written data,
views, or arguments. On August 17, 1993, the Commission published a
Notice of Proposed Rulemaking (NPR) in the Federal Register that sought
comment on the proposed dual disclosure amendments to the Commission's
FPLA regulations.1 The Commission also sought comments on its
consideration of certain statutory and regulatory requirements relating
to this rulemaking, such as the National Environmental Policy Act of
1969 (42 U.S.C. 4321). In the NPR, the Commission tentatively concluded
that the proposed amendments were not ``major'' rule amendments within
the meaning of that statute; were not rules requiring the ``collection
of information'' within the meaning of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); and were in compliance with the metric usage
requirements of the Metric Conversion Act (15 U.S.C. 205b). Further, as
part of its ongoing regulatory review of existing and proposed
regulations, the Commission sought comment about the overall costs and
benefits of the regulations promulgated under the FPLA. Lastly, the
Commission, based upon information currently available, stated its
belief that it is unlikely that the proposed amendments would have a
significant economic impact on a substantial number of small firms.
However, given the uncertainty on the question, the Commission
published an initial regulatory analysis under the Regulatory
Flexibility Act (5 U.S.C. 603-604) and requested public comment on the
potential costs of the amendments.
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\1\58 FR 43726.
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The Commission received 20 timely written comments, which are
summarized in part III of this notice. The amendments that the
Commission is adopting today are also discussed in part III. The text
of the amendments appears at the end of this notice.
II. Background
A. The Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act is designed to prevent the use
of unfair or deceptive methods of packaging and labeling of consumer
commodities. The FPLA states that it shall be unlawful for persons to
sell or distribute commodities whose labels do not conform ``to the
provisions of this Act and of regulations promulgated under the
authority of this Act.'' (15 U.S.C. 1452.) The main requirements of the
FPLA are that the label on a package disclose the identity of the
commodity; the name and place of business of the manufacturer, packer,
or distributor of the commodity; and the net quantity of contents in
terms of weight, measure, or numerical count. (15 U.S.C. 1453.)
1. Shared Enforcement and Implementation Authority
In the FPLA, Congress has established a system of divided authority
for implementation and enforcement. The authority to promulgate and
enforce regulations with regard to foods, drugs, devices, or cosmetics
is vested in the United States Food and Drug Administration. (15 U.S.C.
1453(a), 15 U.S.C. 1456(a).) With respect to any other consumer
commodity, authority is vested in the FTC (15 U.S.C. 1454(a), 15 U.S.C.
1456(b)). With regard to imports of consumer commodities into the
United States, the Secretary of the Treasury enforces FPLA. (15 U.S.C.
1456(c).) Additionally, several other agencies have adopted parallel
disclosure schemes on their own initiative.2
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\2\In developing the proposed amendments that were published in
the NPR, the Commission's staff consulted with the staffs of other
relevant agencies to harmonize requirements. The amendments the
Commission adopts today are consistent with the proposed metric
amendments to food labeling rules contained in a Notice of Proposed
Rulemaking issued by the FDA on May 21, 1993 (58 FR 29719). As of
the date of this FTC Statement of Basis and Purpose, the FDA has
issued no final rules for any of the products it regulates under the
FPLA.
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2. Consumer Commodities
The FPLA defines consumer commodities as being any food, drug,
device, or cosmetic 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.3
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\3\15 U.S.C. 1459(a).
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The FPLA grants the FTC authority to exempt commodities it
regulates under the Act.4 Acting under this authority, the FTC has
exempted the following products from certain FPLA requirements--camera
film; Christmas tree ornaments; replacement bags for vacuum cleaners;
chamois; paper table covers; certain cellulose sponges; candles; and
solder. (16 CFR part 501.)
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\4\15 U.S.C. 1454(c).
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In a similar vein, the FTC has interpreted the meaning of
``consumer commodity'' as used in FPLA as not including 52 commodities
or classes of commodities. These include such items as antifreeze and
automotive accessories, garden tools and hardware, toys, typewriter
ribbons, and woodenware. (16 CFR part 503.)
3. Procedures for Promulgating Regulations Under FPLA
The FPLA sets out the procedures to be followed by the FTC in
promulgating regulations. The FPLA states that regulations promulgated
by the Commission under section 4 or section 5 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 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371
(e), (f), and (g)) (``FDC Act'').5
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\5\15 U.S.C. 1455(b).
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The FTC has implemented this statutory requirement to use the
rulemaking procedures of section 371 of the FDC Act by adopting 16 CFR
part 1 subpart C, which sets forth the procedures for the promulgation
of rules under authority other than section 18(a)(1)(B) of the FTC Act.
Subpart C provides that the effective date of any regulations
issued under the FPLA shall not be prior to 30 days after publication
in the Federal Register.
B. Original FTC Regulations Issued Under the FPLA
In 1968, the FTC issued the original regulations implementing the
FPLA. (33 FR 4718, March 19, 1968.) There are twenty-seven regulations,
of which twenty-two relate to the net quantity of contents declaration.
Several of the regulations relate to the measurement system to be used
in the net quantity declaration. For example, Sec. 500.8 prescribes the
units of weight and measures to be used; Secs. 500.9 through 500.14 set
out how weight, fluid measure, length, width, area, and cubic measure
should be expressed; and Sec. 500.16 states how fractions should be
treated.
Each of the original regulations mandating measurement disclosure
requires the use of customary inch/pound units. This is because Section
4 of the original FPLA (15 U.S.C. 1453) states that required net
quantity disclosure be in pounds, inches, feet, yards, pints, quarts,
gallons, etc.
One of the FTC regulations issued under the FPLA allows the
optional use of metric units in addition to the mandated inch/pound
units. Section 500.21 (16 CFR 500.21) states:
A separate statement of the net quantity of contents in terms of
the metric system is not regarded as a supplemental net quantity
statement and an accurate statement of the net quantity of contents
in terms of the metric system of weight or measure may also appear
on the principal display panel or on other panels. Standard metric
abbreviations may be used.
Thus, under the original regulations, manufacturers, packers, and
distributors of consumer commodities subject to FTC regulations were
required to make net quantity of contents disclosure using inch/pound
units but had the option of making additional disclosure in metric
units.
C. The 1992 Metric Amendments to the FPLA
In 1992, the FPLA was amended to require that the International
System of Units (``SI metric system'') as well as the customary inch/
pound system of measure be used in the label declaration of net
quantity of contents of consumer commodities. (Pub. L. 102-329, August
3, 1992.) It is these statutory changes which the FTC is implementing
in adopting the regulations set out in this notice.
The 1992 substantive amendments to the FPLA relate to metric. The
basic change that the amendments make is that all labels for consumer
commodities printed after February 14, 1994, must state the net
quantity of contents in both the customary inch/pound system of measure
and the SI metric system. Apart from the changes made to section 4 (15
U.S.C. 1453), section 5 (15 U.S.C. 1454), and section 13 (15 U.S.C.
1461), the FPLA remains the same. Specifically, the statutory
amendments are as follows.
Section 4 of FPLA requires that a consumer commodity bear a label
which specifies the identity of the commodity, the name and place of
business of the manufacturer, packer, or distributor, and the net
quantity of contents. The amendments to Section 4 require that the
contents label be in both the customary inch/pound and metric systems
of measurement.
Subsection (a)(2) has been amended to mandate the disclosure of
contents in terms of mass as well as weight. The original FPLA only
required weight, a unit of the customary system of measure. Mass
(measured in kilograms and multiples and submultiples) is the metric
term for the quantity of matter in an object.
Subsection (a)(2) specifies that the metric disclosure shall use
the ``SI metric system.'' The ``SI'' system is the International System
of Units (Le Systeme International d'Unites) as interpreted or modified
for use in the United States by the Secretary of Commerce. (55 FR
52242, Dec. 20, 1990.) There are several government publications giving
guidance on use of the SI.6
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\6\See, ``The International System of Units (SI),'' NIST Special
Publication 330, U.S. Department of Commerce, August, 1991; ``Guide
for the Use of the International System of Units,'' NIST Special
Publication 811, U.S. Department of Commerce, September, 1991; and
``Preferred Metric Units for General Use by the Federal
Government,'' Federal Standards 376B (Preprint Copy), General
Services Administration, January 27, 1993.
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Subsection (a)(3)(A)(ii) states that decimal fractions of the pound
and decimal fractions of the SI metric system units shall be carried
out to no more than three places on random packages, which are packages
with varying weight or mass from a lot of the same consumer commodity.
The original FPLA required that decimal fractions of the pound be
carried out to no more than two places.
Subsection (a)(6) states that content labels containing SI metric
disclosure are not required for foods that are packaged at the retail
store level. This amendment affects FDA, rather than FTC, regulations.
Section 13 of the amended FPLA states that the effective date for
the changes to sections 4 and 5 is February 14, 1994. However, it also
provides that, ``The amendments * * * have no effect on the sale or
distribution of products whose labels have been printed before such
effective date.'' Thus, companies with labels on hand that were printed
before the effective date may continue to use the supply until
exhausted.
D. Identification of Comments Received
Below is an alphabetical list of the comments submitted in response
to the NPR. The list includes the document number assigned to the
comment on the public record and a general description of the commenter
(for those comments that included a description or where the commenter
is a publicly recognized company).7
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\7\All public comments are filed in the Commission's Rulemaking
Record P938902. In this notice, comments are cited by an
identification of the commenter, the comment number assigned by the
Secretary of the Commission, and the relevant page number(s), e.g.,
``NCWM, 19, 3.''
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1. Amway Corporation (``Am'')--14. Amway sells products subject to
the Commission's FPLA regulations.
2. Mr. Jeffrey S. Berke (``Berk'')--1.
3. Mr. J. D. Buchanan (``Buch'')--11. Mr. Buchanan is a Canadian
resident who had responsibility for metric conversion in Canada.
4. Borden, Inc. (``Bord'')--9 and 20. Borden sells products subject
to the Commission's FPLA regulations.
5. Cramer Products, Inc. (``Cram'')--18. Cramer is a small,
employee-owned manufacturer of products for athletics and physical
education.
6. First Brands Corporation (``Frst'')--15. First sells products
subject to the Commission's FPLA regulations.
7. Maryland State Department of Agriculture, Weights and Measures
Section (``Md Ag'')--5.
8. Mr. Eugene A. Mechtly (``Mech'')--7.
9. Michigan State Department of Agriculture (``Mich Ag'')--6.
10. Micro Motion, Inc. (``Micr'')--4.
11. Congresswoman Jan Meyers (``Cong. Meyers'')--17. Congresswoman
Meyers is the Ranking Minority Member of the House Committee on Small
Business.
12. The National Conference on Weights and Measures (``NCWM'')--19.
NCWM is a voluntary standards-writing body whose members are State and
local weights and measures officials, as well as Federal Government,
business, industry, and consumer representatives.
13. The National Institute of Standards and Technology--Metric
Program (``NIST'')--12. NIST, a unit of the Department of Commerce, has
responsibility for guiding the Federal Government's conversion to usage
of the metric system of measurement.
14. Pier 1 Imports (``Pier'')--2. Pier sells products subject to
the Commission's regulations issued under FPLA.
15. The Procter & Gamble Company (``PG'')--10. PG sells products
subject to the Commission's regulations issued under FPLA.
16. Mr. Louis F. Sokol (``Soko'')--8.
17. Mr. Larry Stempnik (``Stem'')--13.
18. Standards and Metric Practices Subcommittee of the Metric
Operating Committee of the Interagency Council on Metric Policy
(``SMPS'')--16. SMPS was responsible for writing Federal Standard 376B,
``Preferred Metric Units for General Use by the Federal Government.''
19. Mr. John H. Woelflein (``Woel'')--3. Mr. Woelflein is a member
of the U.S. Metric Association, Inc., the National Conference on
Weights and Measures, and the New Hampshire Metric Advisory Council.
E. Comment Suggestions Beyond Commission's Authority Under FPLA
Two comments suggested that the Commission amend the regulations
issued under the FPLA in ways that are beyond the Commission's
authority and that would conflict with the 1992 metric amendments to
the FPLA. Specifically, NCWM suggested that packages that are
``rational'' metric sizes, e.g., 250 mL, 500 mL, 1,2,3, and 4 liter,
not be required to have inch/pound content declarations;8 and Mr.
Berke questioned the value of having metric equivalents on consumer
packages and objected to the mandatory use of metric labeling.9
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\8\ NCWM, 19, 5.
\9\ Berk, 1, 1-2.
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As discussed above,10 the 1992 amendments to section 4(a)(2)
of the FPLA provide that the net quantity of contents shall be stated
``using the most appropriate units of both the customary inch/pound
system * * * and, * * * the SI metric system'' (emphasis supplied).
Thus, Congress has required by statute that both customary inch/pound
and SI metric units are to be used for content disclosure. The
Commission cannot issue regulations that contravene the statutory
requirement.
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\1\0 Section II 3 C, supra.
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III. Discussion of Rule Amendments Being Adopted
Each amendment the Commission is adopting today is identified
below. The substantive revisions are described in detail. Minor, self-
explanatory changes are merely noted. Comments about a proposed
amendment are discussed with that amendment. If none of the comments
addressed a proposed amendment, the Commission adopts the amendment
without discussion.
A. Section 500.2 Terms Defined
The Commission is making both significant and minor technical
changes to this section. The Commission amends subsection (a) to
include a reference to the 1992 statute amending FPLA and subsection
(c) to reflect that the Administrator of the Environmental Protection
Agency rather than the Secretary of Agriculture enforces the Federal
Insecticide, Fungicide and Rodenticide Act. Subsection (d) deletes
references to repealed statutes. In addition, throughout these proposed
amendments, a few non-substantive, technical changes have been made. In
subsection (h), as in other proposed amendments, the metric equivalent
for an existing inch/pound reference is added. The use of both systems
in the regulations is called for by the FPLA and is consistent with the
requirements of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100, 15 U.S.C. 205b).
Subsection (j) is new and defines the term ``SI metric,'' a term
used throughout the proposed amendments to the regulations. The
definition is derived from official Federal Government publications
relating to metric terminology.11 The definition makes reference
to the statutory authority granted to the Secretary of Commerce to
interpret and modify the International System of Units (SI) for the
United States.
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\1\1``Preferred Metric Units for General Use by the Federal
Government,'' Federal Standard 376B, General Services
Administration, January 27, 1993; ``Guide for the Use of the
International System of Units,'' NIST Special Publication 811, U.S.
Department of Commerce, September, 1991; and ``The International
System of Units (SI),'' NIST Special Publication 330, U.S.
Department of Commerce, August 1991.
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Two comments addressed the use of the term ``SI metric'' in the
regulations. NIST wrote that it is confusing and redundant: a) to use
the term ``SI metric'' system because it implies that there are metric
systems other than the International System of Units (SI), and b) to
use ``SI metric'' to modify a metric unit name.12 (An example of
the latter would be the reference to ``SI metric kilograms'' in
Sec. 500.8(d) of the new rules). NIST recommended using either ``SI''
or ``metric.'' NCWM recommended that ``you consider eliminating use of
the terms `SI metric' in association with the metric units * * *
because the terms stand by themselves as metric units.''13
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\1\2 NIST, 12, 1.
\1\3 NCWM, 19, 4.
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The Commission has decided not to accept these suggestions. The
substantive 1992 amendments to section 4 of the FPLA repeatedly make
reference to ``the SI metric system,'' and the Commission in its
amendments is merely adopting the statutory language. While the
comments offer other acceptable means of expressing metric terms, the
Commission believes its amendments must be consistent with the
statutory language. The rules do not require that labels use the term
``SI metric'' or any other name for the measurement system. The rules
only require the disclosure of the contents using the units of the SI
metric system and the customary inch/pound system.
Subsection (k) is new and defines the term ``customary inch/
pound,'' which is used in the 1992 metric amendments to section 4(a)(2)
of FPLA (15 U.S.C. 1453) and throughout the proposed amendments to the
regulations. One comment addressed this matter. NIST wrote: ``the term
`customary inch/pound' should not be used as a compound adjective
(e.g., customary inch/pound system or customary inch/pound statement).
Both terms are independent descriptors for the collection of
measurement units we currently use in the United States and their use
together is confusing.''14 The Commission has decided not to
accept this suggestion. Congress in amending the FPLA in 1992 used the
term ``the customary inch/pound system of measure.'' The Commission
intends to be consistent with the statutory terminology.
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\1\4 NIST, 12, 1.
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Subsection (l) is new and defines the term ```e' mark.'' This is a
certification mark used in the European Community (EC) to establish
that the package is appropriately filled in accordance with EC
standards. The term is defined because the amendments to section 500.6
(Net Quantity of Contents) allow the term to be used in addition to the
mandated content quantity disclosure. Failure to allow the use of the
mark could be an impediment to American companies selling in the EC.
B. Section 500.6 Net Quantity of Contents Declaration, Location
This section relates to the technical requirements to be followed
in the presentation of the declaration of contents. There are several
amendments to subsection (b). First, the words ``or mass'' are added
after the word ``weight.'' This addition is made necessary by the
metric amendments to section 4(a)(2) of the FPLA, which state that the
quantity of contents shall be ``in terms of weight or mass, measure or
numerical count.''15 The same addition is made in each of the
regulations that refer to weight so that they uniformly read ``weight
or mass.''
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\1\5 The emphasized words were added by the 1992 amendments.
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An example of an improper metric qualifier, i.e., ``giant liter,''
has been added to the existing examples of improper inch/pound
qualifiers. This example should aid in the preparation of labels.
Further, the amendment includes a parenthetical metric size descriptor
in addition to the existing inch/pound size reference.
The amendment to this section allows the use of the ``e'' mark as
part of the statement of the net quantity of contents. Without the
change, the ``e'' mark could be considered an improper qualifier and
its use violative of the regulations.
The Commission received two comments relating to the use of the
``e'' mark. The Michigan State Department of Agriculture commented that
the use of the ``e'' mark as part of the statement of quantity of
contents is appropriate.16 NCWM commented on the placement of the
``e'' mark.17 The amendment proposed by the Commission reads:
\1\6 Mich Ag, 6, 1.
\1\7 NCWM, 19, 1.
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When used, the ``e'' mark shall be at least 3 millimeters (0.118
inches) in height and shall appear immediately after the metric
portion of the net quantity of contents statement.
NCWM suggests the following alternative:
When used, the ``e'' mark shall be at least 3 millimeters in
height and shall be placed in the same field of vision as the
quantity of contents statement.
NCWM states that the reason for its suggested change is consistency
with the law in the European Community and to avoid having the FTC
impose specific placement requirements on the ``e'' mark.
The Commission agrees that the Commission rules should be flexible
enough to allow companies to meet both the Commission requirements and
other reasonable variations, and that specific placement requirements
prevent flexibility. However, the Commission is not persuaded that use
of the phrase ``in the same field of vision'' is appropriate. While
this terminology may be a term of art in the European Community, it is
doubtful that many American companies, especially small businesses,
would understand its meaning. Accordingly, the amendments refrain from
using the phrase ``in the same field of vision'' and avoid requiring a
precise placement of the ``e'' mark, although they permit the use of
the ``e'' mark as part of the statement of the net quantity of
contents. The Commission has amended the subject sentence in Subsection
(b) to read:
When used, the ``e'' mark shall be at least 3 millimeters (approx.
1/8 inch) in height.18
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\1\8 NIST commented that the use of an inch declaration to three
decimal places (the .118 inches used in the proposed amendment) was
``superfluous.'' NIST, 12, 3. The Commission adopts NIST's
suggestion to use ``approx. 1/8 in.'' in the sentence.
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C. Section 500.7 Net Quantity of Contents, Method of Expression
The only change to this section is the addition of ``or mass'' each
time the term ``weight'' is used.
D. Section 500.8 Units of Weight or Mass and Measure
This section specifies the measurement units which must be used in
making the content disclosure statements. The amendments to this
section implement the 1992 metric amendments to FPLA by specifying the
SI metric units which must be used in dual declaration statements.
Neither the amendments to the FPLA nor the Commission's regulations
require that the measurement systems be used in a particular
order.19 Thus, manufacturers have discretion to put SI metric
units first or customary inch/pound units first as they so choose.
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\1\9 Section 4(a)(2) of the 1992 amendments to the FPLA states
that the quantity of contents shall be stated using units ``* * * of
both the customary inch/pound system * * * and * * * the SI metric
system.'' While the inch/pound system precedes the term SI metric in
this phrase, there is little reason to infer a Congressional intent
that this also be the order in which quantities are disclosed. The
amended rules therefore leave this choice to manufacturers and
distributors.
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The examples of disclosures set out in this section and others are
intended to assist manufacturers and distributors in designing labels
which comply with the amendments to the regulations. The examples are
not mandatory and set out different options. For instance, in the only
reference to fractions of measurement units, the amendments to the FPLA
state that decimal fractions of pounds and metric mass units may be
``carried out to not more than three decimal places.'' (15 U.S.C. 1453)
This is a change from the original FPLA, which restricted decimal
fractions to two places. The examples in the Commission's amended
regulations use different decimal places to show that the manufacturer
or distributor can choose which to use. As another instance of options
presented to manufacturers or distributors, some of the examples used
in the amended regulations state the SI metric measurement first while
others put customary inch/pound units first.
The high degree of precision used in the examples contained in the
proposed amendments generated thirteen comments.20 But for
one,21 the comments uniformly stated that the examples use too
precise measurements for commercial purposes. The comments suggest that
in most instances three digits, including both whole number and
decimals, should be used while in certain situations two digits should
be allowed. As a result of the comments, the Commission has changed the
examples throughout the regulations to use three and two digits as
suggested and has added an amendment to Sec. 500.19 (see part III.O.
below) embodying such usage.22
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\2\0Buch, 11, 1; Md Ag, 15, 1; Mech, 7, 2; Mich Ag, 6, 2; Micr,
4, 2; Cong. Myers, 17, 3; NCWM, 19, 2; NIST, 12, 1; Pier, 2, 1;
Soko, 8, 1; Stem, 13, 2; SMPS, 16, 1; and Woel, 3, 2.
\2\1Micro Motion, Inc. (Micr, 4, 2) objected to the imposition
of a maximum number of digits that could be used.
\2\2Thus, Sec. 500.19(b) states ``(Examples: `1 lb (453 g)' not
`1 lb (453.592 g)' or `Net Wt. 2 oz (56 g)' or `Net Wt. 2 oz (56.6
g)' not `Net Wt. 2 oz (56.69 g)'.)''
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The only description of measurement precision in the 1992
amendments to the FPLA is in section 4(a)(3)(A), which states that for
certain packages decimal fractions may be carried out to no more than
three places. Based upon this statutory language, the illustrative
examples used in the proposed amendments contained up to three decimal
places. Sometimes this resulted in examples using as many as six total
digits, including whole numbers and decimal places. The comments
generally stated that such precision implies a greater measuring
accuracy than is likely to be possible.23 The comment from Mr.
John Buchanan is illustrative:
\2\3See, NIST, 12, 1.
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I suggest that the regulatory requirement for net quantity be
limited to three significant digits, which would still be consistent
with the FPLA specification but would lead to less cluttered labels,
greater truth in labeling by removing the spurious accuracy, and a
more rapid conception of the metric system by consumers. * * *
Conversions such as 1 lb. (453.59 g) look very intimidating to the
average citizen. Some of the implied accuracies are bordering on the
ludicrous, for example, in 500.27 you are suggesting that the linear
dimensions of facial tissue can be measured to one-hundredth of a
millimetre, which is less than the diameter of a single fiber! Or,
in 500.16, where the capacity of a 6 fl. oz. cup is expressed to an
accuracy of one-hundredth of a millilitre--far less than one
drop.24
\2\4Buch, 11, 2.
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Based upon its consideration of the comments, the Commission has
changed the examples used in the final amendments. The changes require
the use of three digits for the quantity declaration (e.g., ``453g (1
lb)'' (Sec. 500.9(a)) except where the quantity is below 100 grams,
milliliters, centimeters, square centimeters or cubic centimeters where
the quantity declaration can be shown in two figures (e.g. ``17 in. x 4
in. x 20 in. (43 x 10 x 50 cm)'' (500.16(a)(1)(ii)). These changes
bring the amended regulations into conformity with the Uniform
Packaging and Labeling Regulation adopted by the National Conference on
Weights and Measures and the packaging and labeling regulations of the
Canadian Legal Metrology Branch.25
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\2\5NCWM, 19, 2.
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Aside from the above changes, subsection (a) requires the use of
grams, milligrams, and kilograms as well as pounds and ounces in weight
or mass declarations. Examples of dual declarations are included.
Subsection (b) requires the use of liters and milliliters as well
as gallons, quarts, and pints in fluid measure disclosure. The term
``Celsius'' replaces ``Centigrade'' because Centigrade is obsolete for
temperature measurement.
Subsection (c) states that meters, centimeters, and millimeters
must be used as well as inches in linear measure.
Subsection (d) requires that area measurement use square meters,
square decimeters, square centimeters, and square millimeters as well
as square yards, square feet, and square inches.
Subsection (e) states that dry measure statements shall use liters
and milliliters as well as bushels, pecks, dry quarts, and pints.
Subsection (f) requires, in cubic measure disclosures, the use of
cubic meters, cubic centimeters, and, cubic centimeters as well as
cubic yards, cubic feet, and cubic inches.
E. Section 500.9 Units of Weight and Mass, How Expressed
The Commission amends this section to include the requirement for
the use of mass as well as weight and continues to describe the
appropriate customary inch/pound units to be used on packages of
various weights.
Subsection (a) includes the ``net mass'' disclosure and has several
metric examples added. The amended subsection allows the term ``net
mass'' as an alternative to ``net weight'' in stating the net quantity
of contents.
The comments state that the requirement to use the terms ``net
weight'' or ``net mass'' is unnecessary and ``* * * creates clutter on
a label that is much better left with free space.* * *''26
Declaring contents without ``net weight'' or ``net mass'' is ``already
the successful practice in Canada'' and has been adopted by the
National Conference on Weights and Measures.27 Further, the
proposed Food and Drug Administration regulations for metric labeling
of food products under the FPLA also make the use of ``net weight'' or
``net mass'' optional.
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\2\6Mich Ag, 6, 2.
\2\7Mech, 7, 1.
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Based upon the reasoning contained in the ten comments on this
issue,28 the Commission has determined to make optional the use of
the terms ``net weight'' and ``net mass.'' Thus, under the amendment, a
manufacturer or distributor need only state the weight or mass of the
contents without using the qualifying terms ``net weight'' or ``net
mass'' (e.g. ``453g (1 lb).'' However, the amendment to subsection (a)
makes it clear that even where the terms are not used, the quantity of
contents declaration shall always declare the net quantity of
contents.29
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\2\8Am, 14, 1; Bord, 9, 1; Md Ag, 5, 1; Mech, 7, 1; Mich Ag, 6,
2; Micr, 4, 1; NCWM, 19, 2; Pier, 2, 1; Soko, 8, 1; and Woel, 3, 1.
\2\9 Section 500.6(a) also requires that the label on a consumer
commodity bear the declaration of the net quantity of contents. The
Commission felt it appropriate to restate the point at Sec. 500.9(a)
to avoid any confusion.
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Subsection (b)(2) reflects the amendment to the FPLA which deletes
the former avoirdupois (the system of weight based upon the pound of 16
ounces) requirement that packages weighing one pound or more but less
than four pounds disclose both the total number of ounces and the
number of pounds, with any remainder in ounces or common or decimal
fractions of the pound. Thus, under the old law, if a package weighed 3
and one-half pounds it would properly be labeled ``56 oz. (3 lbs. 8
oz.).'' The new law requires only the expression of pounds and
remainder of ounces, so that in the prior example ``3 lbs. 8 oz.''
would be sufficient. For weights greater than 1 pound but less than 4
pounds manufacturers will have the option to include an additional
statement of weight in ounces ``immediately adjacent'' to the required
expression in pounds, as subsection (b)(2) has been amended to allow
this discretionary second expression of weight. Subsection (b)(1)
retains the requirement that disclosure be given exclusively in ounces
for packages containing less than one pound.
Proposed subsection (b)(3) as it appeared in the NPR retained the
current requirement that for weights of 4 pounds or more disclosure be
given exclusively in whole pounds, with any remainder in ounces or
fractions of the pound. The Commission received two comments on this
issue, each of which argued that the use of ounces be permitted as an
optional additional disclosure on products weighing 4 pounds or more.
Procter & Gamble wrote:
We believe manufacturers should be allowed to voluntarily
include net contents in units of ounces or fluid ounces for products
containing more than four pounds or more than one gallon. This
provision would again promote fair value comparisons between the
largest 1 or 2 sizes of a consumer product such as laundry detergent
with the smaller sizes of the same brand or alternate brands.
Comparison between two sizes such as 50 oz (3 lb 2 oz) and 85 oz
(5.31 lb) is accomplished much more easily by comparing ounces.
Comparison between two sizes such as 48 fl oz (1 quart 1 pint) and
144 fl oz (1 gallon 1 pint) similarly is accomplished much more
easily by comparing fluid ounces. We see important consumer benefits
and no risks in extending voluntary use of ounces or fluid ounces to
larger sizes.30
\3\0 PG, 10, 2.
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The National Conference on Weights and Measures similarly urges the
Commission to allow the voluntary use of ounces and fluid ounces to
larger size packages. NCWM states:
The (Laws and Regulations) Committee believes that allowing
manufacturers to voluntarily include dual-quantity declarations
would (1) reduce the cost of implementing the metric amendments; (2)
facilitate value comparison by consumers; (3) minimize change for
some manufacturers; (4) not increase label clutter.31
\3\1 NCWM, 19, 4.
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The Commission is persuaded that permitting the voluntary use of
ounces on packages of four pounds or more is in the public interest and
has so amended subsection b(3). The Commission believes that allowing
the use of ounces on large size packages will facilitate price
comparisons without any negative consequences.
Subsection (c) states that for random packages, i.e., packages with
varying weights from a lot of the same commodity, the decimal fractions
of the pound should not be carried out to more than three places.
Further, this subsection is changed to reflect the amendment to FPLA
that random packages, unlike other packages, are not required to, but
may, include a metric statement of mass.
F. Section 500.10 Units of Fluid Measure, How Expressed
This section continues to describe how the inch/pound fluid measure
statement must be expressed. Under the amended FPLA, there is no
requirement that the disclosure in fluid ounces be made when the amount
is greater than a pint. Accordingly, subsection (b)(2) deletes the
prior requirement that both the total number of fluid ounces and the
largest whole unit (quarts, quarts and pints, or pints) plus remainder
be used for items of at least 1 pint but less than 1 gallon. For
quantities of at least 1 pint but less than 1 gallon, manufacturers
will have the option to include an additional statement of net quantity
in fluid ounces ``immediately adjacent'' to the required expression of
largest whole unit, as proposed subsection (b)(2) allows this
discretionary second expression of fluid measure. Subsection (b)(1)
retains the requirement that disclosure be given exclusively in fluid
ounces for quantities less than one pint.
Proposed subsection (b)(3) as it appeared in the NPR retained the
requirement for quantities of one gallon or more that disclosure be
given exclusively in largest whole unit, with any remainder in terms of
fluid ounces or fractions of the pint or quart. The Commission received
two comments on this subsection arguing in favor of permitting the
optional use of fluid ounces for products above one gallon.32 For
the reasons discussed in part III.E. above, the Commission has
determined that it is in the public interest to permit the voluntary
additional disclosure of fluid ounces for products above one gallon.
Subsection (b)(3) has been amended to reflect the Commission's
determination.
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\3\2NCWM, 19, 4; and PG, 10, 2.
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G. Section 500.11 Measurement of Commodity Length, How Expressed
This section describes how to express linear measure in terms of
yards, feet, and inches. The amendments reflect the determination by
Congress not to continue to require the disclosure of the total number
of inches for items one foot or more in length. For those items one
foot or more in length, disclosure should be made in the largest whole
unit with the remainder in inches or common or decimal fractions of the
foot or yard.
H. Section 500.12 Measurement of Commodities by Length and Width, How
Expressed
This section describes how to express the net quantity for
bidimensional commodities which are measured by length and width, such
as roll type goods like foils and tapes. The amendments add metric
parentheticals to the inch/pound statements and examples.
The Commission amends subsection (a)(1) by deleting the requirement
that length and width be expressed in ``linear inches and fractions
thereof.'' This requirement is inconsistent with amendments to
subsection 500.8(c), which provide that ``statements of linear measure
shall be in terms of both yards, feet, and inches and SI metric meters,
centimeters, or millimeters.'' Consequently, the Commission amends
subsection (a)(1) to read that length and width are to be expressed
``in linear measure'' and that the ``customary inch/pound statement is
to be expressed in inches and fractions thereof.''
Subsection (a)(2) has been made consistent with amended subsection
500.8(d), which provides that ``statements of measure of area shall be
in terms of both square yards, square feet, and square inches and SI
metric square meters, square centimeters, and square millimeters.'' The
Commission amends the subsection (a)(2) requirement that disclosure
``be expressed in terms of square inches, followed in parentheses by
the length and width in the largest whole unit (yard or foot),'' to
read that net quantity is to ``be expressed in terms of area, followed
by length and width'' and that the ``customary inch/pound statement of
area is to be expressed in square inches with length and width
expressed in the largest whole unit (yard or foot).''
For the same reasons described above, the Commission modifies two
other existing subsections in Sec. 500.12. Subsection (a)(3) is
rewritten to reconcile it with amendments to the disclosure provisions
of subsection 500.8(d), and subsection (b) is amended to reconcile it
with the linear measure disclosure provisions of subsection 500.8(c).
I. Section 500.13 Measurement of Commodities by Area Measure Only, How
Expressed
This section describes how to express the net quantity in the inch/
pound system for commodities that are measured in area only. The
amendments add metric parentheticals to the inch/pound statements. The
amendments reflect the determination by Congress not to continue to
require the disclosure of square inches for areas one square foot or
greater.
J. Section 500.14 Statements of Cubic Measure and Dry Measure
The amendment to this section deletes a superfluous reference to
dual declarations of net quantity of contents.
K. Section 500.15 Units of Count, More Than One Ply
The amendment to this section includes metric in the example.
L. Section 500.16 Measurement of Container Type Commodities, How
Expressed
Formerly Sec. 500.15a, the Commission renumbers this section and
adds metric parentheticals to the inch/pound statements and examples.
Further, subsections 500.16(b)(1) and (b)(2) are brought into
conformity with other sections of the amendments by specifying the
customary inch/pound units of liquid and dry measurement which should
be used.
M. Section 500.17 Fractions
Formerly Sec. 500.16, the Commission renumbers this section and
adds the requirement that SI metric declarations contain only decimal
fractions. This prohibition against using common fractions with metric
units is consistent with staff interpretations dating from 1984 and
with proper metric usage. In accordance with the amendments to FPLA,
the amendment to this section states that decimal fractions shall not
be carried out to more than three decimal places, rather than the
previous two decimal places.
N. Section 500.18 SI Metric Prefixes
This is a new section and presents the metric prefixes to be used
on labels. Unlike scientific metric prefix charts which have prefixes
for huge amounts, e.g. ``exa-'' for units with eighteen trailing digits
(1,000,000,000,000,000,000) and for minuscule amounts, e.g. ``atto-''
for units with eighteen preceding digits (.000 000 000 000 000 000 1),
the chart is restricted to prefixes usable in the size range of
consumer commodities. The chart contained in the proposed regulation
referred to ``kilo-'', ``hecto-'', ``deca-'', ``deci-'', ``centi-'',
and ``milli-''. However, based on comments received, the Commission is
adding the prefix ``micro-'' and its appropriate symbol, the Greek
letter ``mu'' () and deleting the ``hecto-.'' As stated by one
commenter, the micrometer ``* * * is used for thickness of plastic and
other material thicknesses * * *.''33 Since the Commission's FPLA
regulations govern products such as garbage bags, foil and other
household wrapping products the Commission has determined that it is
appropriate to add the prefix for the SI metric unit used to describe
their thickness. The comments stated that the prefix ``hecto'' was not
used on consumer products.34
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\3\3 Stem, 13, 3.
\3\4 NCWN, 19, 5; and NIST, 12, 4.
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O. Section 500.19 Conversion of SI Metric Quantities to Inch/Pound and
Inch/Pound Quantities to SI metric Quantities
This is a new section. Subsection (a) sets out the conversion
factors for converting from metric to inch/pound and from inch/pound to
metric quantities. The chart facilitates compliance with the 1992
amendments to the FPLA requiring dual inch/pound and metric disclosure
by giving manufacturers the technical information they need to convert
one measurement system to the other. The factors used in this chart are
consistent with those published in the ``Guide for the Use of the
International System of Units,'' NIST Special Publication 811,
Department of Commerce, September, 1991, and ``Preferred Metric Units
For General Use by the Federal Government,'' Federal Standard 376B,
General Services Administration, January 27, 1993. Because many of the
products governed by the Commission's regulations issued under the FPLA
are measured in the customary inch/pound unit ``mil'' (1/1000 of an
inch), the Commission has added a factor for converting mils into the
SI metric unit micrometer.
Subsection (b), relating to the number of digits to be used in
making the required content disclosures, was not in the proposed
regulation but has been added as the result of the comments received.
As discussed in section III.D. above, the issue of the degree of
precision needed in making the disclosures generated 12
comments35, 11 of which argued for avoiding unneeded degrees of
accuracy. Based on the logic contained in the comments, the Commission
has determined that for most declarations of content the use of three
significant digits will suffice to give consumers adequate information.
In certain situations, i.e., where the quantity involved is below 100
grams, milliliters, centimeters, square centimeters or cubic
centimeters, the manufacturer or distributor has the option of using
two digits. The prescribed use of three and two digits is consistent
with the Uniform Packaging and Labeling Act adopted by the National
Conference on Weights and Measures and the packaging and labeling
regulations of the Canadian Legal Metrology Branch.36
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\3\5 See footnote 20, supra.
\3\6 NCWM, 19, 2.
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P. Section 500.20 Conspicuousness
Formerly Sec. 500.17, the Commission renumbers this section.
Q. Section 500.21 Type Size in Relationship to the Area of the
Principal Display Panel
Formerly Sec. 500.18, the Commission renumbers this section and
amends it to add metric parentheticals. Subsection (g) is new and
relates to the size requirements of the ```e' mark.''37
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\3\7 See the discussion of the ``e'' mark at part III.A. and
part III.B. above.
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Four comments raised the issue of letter and print size
requirements when the metric symbols, especially the ``mL'' symbol, are
used.\38\ The comments express concern that the requirement for lower
case type for metric symbols may increase the height requirements for
net content declarations in instances where other provisions in
Sec. 500.21 impose minimum type sizes on lower case letters.\39\ As a
result, the commenters believe that the size of the area taken up by
the net contents declaration would increase. To alleviate this result,
the commenters propose amendments to Sec. 500.21.
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\38\Bord, 9, 3; Frst, 15, 1; NCWM, 19, 3; and Stem, 13, 6.
\39\Section 500.21 imposes various requirements regarding type
size in relation to the area of the principal display panel.
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First Brands Corporation suggests that ``* * * the minimum height
requirement for the `m' in the abbreviation `mL' for milliliter be no
less than one-half of the minimum height standards prescribed in * *
*'' other parts of Sec. 500.21.\40\
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\40\Firs, 15, 2.
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The NCWM offers the following proposal for consideration:
Add a new paragraph to Sec. 500.21--(h) When upper and lower
case, or all lowercase letters are used in SI (metric) symbols, it
is the uppercase ``L,'' lowercase ``d,'' or their equivalent in the
print or type used that shall meet the minimum height requirement.
Other letters and exponents must be presented in the same type style
and in proportion to the type size used. However, no letter shall be
less than 1.6mm (1/16 inch) in height.\41\
\41\NCWM, 19, 3.
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Mr. Stempnik suggests that the following sentence be added:
The height of the SI declaration shall be equal or greater than
the inch pound declaration height.\42\
\42\Stem, 13, 6.
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Borden suggests that ``when upper and lower case letters are used,
it is the upper case letter `o' or its equivalent that shall meet the
minimum height standards.''\43\
\43\Bord, 9, 3.
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Based upon the comments, the Commission believes that it is
necessary to address the issue of type size changes resulting from the
metric amendments to the FPLA. The Commission adopts the proposal made
by the National Conference on Weights and Measures because it presents
a standard which is precise, yet not complex or burdensome for industry
to follow. Establishing minimum height and size requirements for type
and print of letters should assure adequate disclosure to consumers
without burdening industry by necessitating an increase in the minimum
height for the content declaration. Therefore, the Commission amends
section 500.21 by adding a subpart (h) setting out these requirements.
R. Section 500.22 Abbreviations
Formerly Sec. 500.19, the Commission renumbers this section.
S. Section 500.23 Expression of Net Quantity of Contents in SI Metric
Units
This is a new section. Subsection (a) sets out the ``rule of 1000''
which states that, with exceptions, metric disclosure should be in
units ranging in value from 1 to 1000. Thus, the declaration would be
``750 mL'' rather than ``0.75L.'' The ``rule of 1000'' has been used by
industry and FTC staff since 1984 and has the effect of simplifying and
unifying label disclosure.
Subsection (b) sets out the symbols to be used for SI metric units.
These symbols are consistent with those preferred for government
usage.\44\
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\44\``Guide for the Use of the International System of Units,''
NIST Special Publication 811, U.S. Department of Commerce,
September, 1991; and ``Preferrred Metric Units for General Use by
the Federal Government,'' Federal Standards 376B (Preprint Copy),
General Services Administration, January 27, 1993.
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Based on the eight comments received,45 the Commission has
added the lowercase ``l'' as an alternative to the uppercase ``L'' as
the symbol for the SI metric liter and milliliter. The comments point
out that while the uppercase ``L'' is the preferred symbol, there is no
international agreement on requiring only the uppercase ``L.'' Indeed,
international law may require permitting the use of the lowercase
``l.'' As Mr. John H. Woelflein commented:
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\4\5Md Ag, 5, 1; Mech, 7, 2; Mich Ag, 6, 2; Micr, 4, 1; NCWM,
19, 3; Pier, 2, 1; Soko, 8, 2; and Woel, 3, 2.
Because the BIPM SI brochure as well as ISO 1000 give the symbol
for liter as ``l,L'', the US is obligated as a Meter Convention
signatory to permit the use of either symbol. Otherwise, imported
products which use the lower case ``l'' could be excluded by Customs
authorities. Of course, the capital ``L'' is preferred for USA
use.46
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\4\6 Woel, 3, 2.
Further, companies that export products often prefer to use the
lowercase ``l'' ``as being more acceptable in some countries.''47
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\4\7 Soko, 8, 2.
Section 500.24 Supplemental Statements
Section 500.25 Net Quantity, Average Quantity, Permitted Variations
Section 500.26 Representations of Servings, Uses, Applications
Section 500.27 Multiunit Packages
Section 500.28 Variety Packages
Section 500.29 Combination Packages.
The amendments to these six sections renumber them, add metric
examples and parentheticals, and make reference to ``mass'' as well as
weight where appropriate. In the amendment to Sec. 500.26 the reference
to the National Bureau of Standards has been changed to read ``National
Institute of Standards and Technology.''
IV. Other Statutory and Regulatory Considerations
In promulgating the amendments to the FPLA regulations, the
Commission has considered certain statutory and regulatory
requirements. These requirements arise under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321); the Paperwork Reduction Act (44
U.S.C. 3501); the Metric Conversion Act (15 U.S.C. 205b); the
Commission's Regulatory Review Program; and the Regulatory Flexibility
Act (5 U.S.C. 603).
A. National Environmental Policy Act
Under the Commission's rules (16 CFR subpart I, section 1.81 et
seq.) implementing the National Environmental Policy Act of 1969 (42
U.S.C. 4321), no ``major'' rule amendment ``significantly affecting the
quality of the human environment'' will be proposed unless an
environmental assessment or impact statement has been prepared (16 CFR
1.82). For the following reasons, it is not appropriate to have an
environmental assessment or statement for the amendments to regulations
issued implementing the metric amendments to FPLA.
First, the amendments do not ``significantly affect the quality of
the human environment'' because they do not independently create
significant new duties. Moreover, any environmental consequences that
may come from metric measurement translation and disclosure are not the
result of the amendments to the regulations, but instead are
consequences of the amendments to FPLA by Congress. Second, the
environmental effects, if any, of the amendments are so uncertain that
any environmental analysis would be based on speculation. (See, 16 CFR
1.83(a).) Third, under section 13 of the amended FPLA, labels printed
prior to February 14, 1994 may continue to be used until the supply is
exhausted. Thus, companies will not have to discard unused labels into
the waste stream and, by so doing, cause damage to the environment.
Therefore, the amendments to the FPLA regulations are unlikely to cause
any significant impact on the environment.
B. Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Commission, before promulgating a rule that requires the ``collection
of information,'' must obtain approval from the Office of Management
and Budget. The amendments only require that certain information be
disclosed to consumers. In 1990, the Supreme Court ruled that the
authority of the Office of Management and Budget to approve
``collection of information'' by Federal agencies does not include
authority to review agency rules requiring companies to disclose
information to third parties. Dole v. Steelworkers, 494 U.S. 26, 35
(1990). Under this case, the metric labeling requirements would not be
considered collection of information. Thus, the Commission need not
seek approval from the Office of Management and Budget.
C. The Metric Conversion Act
Section 205b of the Metric Conversion Act, as amended by the
Omnibus Trade and Competitiveness Act, expresses Congressional policy
regarding measurement systems. This Act states that the metric
measurement system is the preferred system of weights and measures in
the United States. It also requires federal agencies to use the metric
system of measurement in all procurement, grants, and other business-
related activities (which include rulemakings), except to the extent
that such use is impractical or is likely to cause significant
inefficiencies or loss of markets to United States firms.
The amendments adopted today by the Commission fully comply with
the requirements of the Metric Conversion Act. Each of the amended
regulations providing for quantity disclosure requires a statement of
net quantity of contents in metric units as well as in customary inch/
pound units. The amendments add metric examples and parenthetical
metric equivalents to the existing regulations. Further, the amendments
explicitly present conversion factors from inch/pound to metric and
vice versa and fully describe metric units and prefixes.
D. The Commission's Regulatory Review Program
As part of the Commission's ten-year regulatory-review plan for
existing rules and guides, the Commission specifically sought comments
in the NPR on the costs and benefits of the existing and amended
regulations under the FPLA and their regulatory and economic impact.
There were two comments that related to the economic impact on small
business of the metric amendments.\48\ There were no comments relating
to the economic impact of the regulations on larger businesses.
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\48\Cram, 18, 1; and Cong. Meyers, 17, 2.
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Cramer Products stated a concern not with the intent or scope of
the regulations, but with the proposed timetable for compliance. Cramer
contends that there would be an average cost of $200 to change the
labels for each of the 500 products it sells for a total of
$100,000.49 To alleviate these costs, Cramer proposes changing the
effective date from February 14, 1994 to February 14, 1996. This
extension of time would ``allow companies like Cramer to more gradually
phase-in the changes, spreading the cost and personnel requirements
over the next 2 years.''50
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\4\9Cramer does not explain the basis for its cost estimates.
\5\0Cram, 18, 1.
---------------------------------------------------------------------------
Congresswoman Meyers, while not supplying any compliance cost data,
also stated a concern that small businesses be given adequate time
within which to come into compliance. While acknowledging that the
amendments to the FPLA allow any supply of labels printed before
February 14, 1994 to be used until exhausted, she states ``the fact
remains that most small businesses don't have the resources to
stockpile labels like big enterprises do.''51
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\5\1Cong. Meyers, 17, 2.
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A decision by the Commission to adopt a later effective date for
its rules would not grant significant relief to small businesses. By
terms of the FPLA statute, all businesses must conform to the new dual
disclosure requirements therein by February 14, 1994, whatever the
effective date of the Commission's implementing rules. Thus, businesses
would have to incur the cost of label changes in any event once their
existing supply runs out.
The Commission shares the commenters' concern that there be no
undue hardship on businesses that are required to make the transition
to the dual disclosures specified in these rules. However, the comments
do not provide factual data quantifying such costs sufficient for the
Commission to conclude that there is a significant economic impact on
small businesses as a class.52
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\5\2However, in an effort ``to allow ample time for industry to
become aware of the metric labeling requirements, and to reduce the
burden on industry and thus the cost of updating package labels,''
the Commission has determined not to take law enforcement actions
against non-complying companies until November 8, 1994. See Part V.,
Enforcement Policy.
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Furthermore, while section 5(b) of the FPLA permits the Commission
to grant exemptions from statutory requirements where it is
demonstrated that compliance with the new requirements of section 4 is
impracticable or not necessary for adequate protection of consumers,
such exemptions are intended to be granted only in exceptional
circumstances. (138 Congressional Record H5345 (daily ed. June 29,
1992).) The rulemaking record in this matter does not allow the
Commission to conclude that exceptional circumstances exist for small
firms that would make compliance with the requirements of the
amendments adopted today impracticable or unnecessary adequately to
protect consumers.
As discussed in Part II above, the amended regulations issued today
as well as the unamended regulations which continue in effect are
mandated by the FPLA. While there are costs associated with compliance,
the Commission has designed the regulations to minimize the economic
burden on businesses, both large and small.53
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\5\3For instance, the regulations contain numerous examples of
disclosures intended to assist manufacturers and distributors in
designing labels. (See Part III.D., above.) Further, the regulations
set out the measurement terms which should be used in making the
quantity disclosures and contain a table which demonstrates how to
convert from customary inch/pound units to SI metric units and vice
versa. (See, Part III.M. and N.) Additionally, to reduce compliance
costs, to reduce label clutter and to assist consumer understanding,
the Commission in the amendments adopted today has reduced the
degree of precision needed in making the SI metric content
disclosure to three significant digits in most cases and two digits
in others. (See Part III.N.)
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E. Regulatory Flexibility Act
This Statement of Basis and Purpose contains a final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C.
603-604. A final regulatory flexibility analysis must be conducted
unless the head of the agency ``certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' (5 U.S.C. 605(b).) Based upon information in the
public record, the Commission believes that it is unlikely that the
amendments being adopted today will have a significant economic impact
on a substantial number of small firms. However, given the existing
uncertainty on this question, the Commission has decided to publish
this final regulatory analysis.
The Commission complied with the requirements of section 603 of the
Regulatory Flexibility Act by including in the Notice of Proposed
Rulemaking (58 FR 43726, August 17, 1993) certain information for the
initial regulatory flexibility analysis. Specifically, the Commission
explained that the reasons for the amendments and their objective are
to implement the explicit directives of Congress in the FPLA.
Similarly, the Commission stated that the legal basis is provided by
the FPLA. (5 U.S.C. 603(b)(1)-(2).) Further, the Commission explained
that there are no recordkeeping or reporting requirements in the
amendments, and that the compliance requirements are essentially
measurement and labeling tasks described. (5 U.S.C. 603(b)(4).) The
Commission stated that there also are no relevant Federal rules which
may duplicate, overlap, or conflict with the proposed rules, inasmuch
as the Commission, the FDA, and other agencies with authority to
implement the FPLA are given exclusive jurisdiction over various
classes of consumer commodities. (5 U.S.C. 603(b)(5).) The Commission
specifically requested comments on whether the amendments may have a
significant impact on small business.
The Commission received one comment specifically responding to the
request for information on the Regulatory Flexibility Act\54\ and two
comments that otherwise included certain economic material relating to
small business costs of compliance.\55\
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\54\Stem, 13, 3.
\55\Cram, 18, 1; and Cong. Meyers.
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Mr. Stempnik responded to the regulatory flexibility questions by
stating:
Exclusions should be only what is required by the revised FPLA
and no more. * * * I do not support exemptions because labels are
changed frequently for marketing reasons and companies can stockpile
unlimited quantities of old labels before the deadline and continue
to use them until they are used up.\56\
\56\Stem, 13, 3.
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Cramer Products commented, without substantiating information, that
there would be an average cost per product of $200 to change its labels
to bring them into compliance, and Congresswoman Meyers was concerned
that the deadline for compliance of February 14, 1994 would cause harm
to small business.\57\
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\57\These comments are discussed in connection with Part IV.D.
The Commission's Regulatory Review Program, above.
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The amended regulations that the Commission adopts today cover
every company in the economy that produces consumer commodities other
than those commodities falling within the authority of other agencies
or otherwise exempted from the statute's coverage. Based on the
information now available on the public record, it is not feasible for
the Commission to estimate the number of entities within this class of
industry that also are small companies within the meaning of the
Regulatory Flexibility Act. (5 U.S.C. 601(3).) Nevertheless, the
information in hand suggests that the overall economic impact of the
metric amendments to the regulations issued under FPLA may not be
significant. In essence, all the amendments require is that companies
make simple mathematical conversions from the inch/pound measurement
system into the metric measurement system and include the metric
equivalents on already mandated label disclosure of contents of
consumer commodities.\58\ The FPLA states that non-complying labels
printed prior to February 14, 1994 may continue to be used until the
supply is exhausted.
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\58\Further, whatever economic impact on small business, if any,
that may come from metric measurement translation and disclosure is
not the result of the proposed amendments to the regulations but is
the consequence of the amendments to FPLA by Congress.
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Similarly, the direct costs imposed on consumers as a result of the
amendments appear to be minimal since consumers will still obtain
disclosures in the customary inch/pound system. There are, however,
likely to be some indirect costs associated with the amendments as
firms incur costs associated with complying with the amendments. There
are basically three types of costs that firms incur as a result of
labeling regulations. These costs are inventory disposal costs,
administrative costs, and printing costs. Inventory disposal costs
consist of the value of inventory that must be disposed of in order to
comply with the proposed regulation. These costs will be zero since the
amendments do not apply to labels that were printed before the
effective date of the regulation.
Administrative costs represent the additional costs incurred at an
administrative level in order to comply with the regulation.
Administrative costs include determining which products fall within the
scope of the regulation; establishing a corporate position on the
policy; devising a compliance strategy; and overseeing the compliance
strategy. These costs are likely to be relatively low for the proposed
change to the FPLA. Most products that are already covered by the FPLA
will be subject to the amendments adopted today and the amendments
appear to clearly state what products would be excluded. In addition,
firms would not need to undertake potentially costly analytic or market
testing to comply with the changes. Thus, it appears that
administrative costs per firm would be low.
Printing costs consist of the additional printing costs incurred
due to the changes in the regulations adopted today. These costs will
vary among firms depending on various factors including, but not
necessarily limited to the following: (1) How frequently the firm
typically changes its label; (2) the average inventory of labels; and
(3) the printing process utilized by the firm. For example, if the firm
updates its labels on a yearly basis, it may delay its normal label
update to coincide with changes it will have to make in response to the
changes in the FPLA. If so, the additional printing costs caused by the
change would be minimal. If, however, the firm normally updates its
labels only once every ten years and if it has recently updated its
labels, then its costs will be higher.
Incremental printing costs will also depend, to some extent, on the
average inventory. The greater the time period between reordering
labels, the more likely it is that the label change due to the
regulation can be planned to coincide with a planned label change, all
else being equal. The type of printing process utilized by the firm
also affects the incremental printing costs. While firms may be able to
simply engrave the new information on existing plates if flexography or
lithography printing methods are used and space permits, new cylinders
would be required if gravure printing is utilized.
Given the relative simplicity of the label change required by the
proposed amendment, the fact that many firms already disclose
information in metric, and the fact that many firms are likely to have
been aware since late 1992 that the amendments were scheduled to take
effect on February 14, 1994, printing costs per firm associated with
the amendments are likely to be low. Thus, the amendments adopted
today, may not have a significant impact on a substantial number of
small entities.59
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\5\9The FDA, based on studies it conducted to determine the
economic impact of its nutritional labeling rules, stated that the
metric amendments to its food labeling rules ``* * * may have a
significant economic impact on small businesses * * *'' in the food
industry (58 FR 29719, May 21, 1993). The FTC does not have
equivalent economic information on the myriad industries covered by
the FTC regulations issued under the FPLA, although it sought such
economic information in the NPR.
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Section 604 of the Regulatory Flexibility Act sets out three
subjects which must be addressed in the final regulatory flexibility
analysis. Section 605 of the Act (Avoidance of duplicative or
unnecessary analysis) states that the analysis required by section 604
may be done in conjunction with other analysis.
A succinct statement of the need for and the objectives of the rule
are set out in Part II above. (5 U.S.C. 604(a)(1).) A summary of the
issues raised by the public comment in response to the initial
regulatory flexibility analysis and the Commission's assessment thereof
are discussed above in this section and in Part IV.D., regarding the
Commission's Regulatory Review Program. (5 U.S.C. 604(a)(2).)
There are no significant alternatives to the amended regulations
adopted today which will accomplish the stated objectives of the
applicable statutes and which minimize any significant economic impact
on small entities. (5 U.S.C. 604(a)(3).) For example, it would be
difficult to devise different or simplified labeling requirements for
small entities that would still implement dual disclosure requirements
and yet avoid the principal cost to such businesses, i.e., redesigning
labels. For the same reason, the use of general performance standards
rather than explicit requirements likely would not result in
substantial cost savings. Moreover, the FPLA is quite specific in
directing the use of particular modes of disclosure in most instances.
Further, as discussed in Part III.D. regarding the Commission's
Regulatory Review Program, the amendments adopted today have been
designed to minimize the economic impact on small business.
In addition, the Commission has taken further action to reduce any
costs of transition for firms which may have been unaware of the
pending metric disclosure requirements of the amended FPLA. As
discussed in section V. infra, the Commission, in order to harmonize
with state enforcement policy adopted by NCWM, has stated it will avoid
taking law enforcement action under the new metric amendments to the
FPLA rules until November 8, 1994.
V. Enforcement Policy Statement
The effective date of these regulations is February 14, 1994. In
crafting the FPLA statute, Congress acknowledged the need for
businesses to have time within which to learn about the existence of
the requirements to use metric measurement and to come into compliance.
Section 13 of the FPLA states that the metric amendments ``shall have
no effect on the sale or distribution of products whose labels have
been printed before'' February 14, 1994. (15 U.S.C. 1451(13).)
The Commission expects that the states, as in the past, will adopt
uniform state laws that mirror the Commission's new FPLA metric
requirements. The National Conference on Weights and Measures,60
which represents state enforcers of such laws, already has adopted an
enforcement policy designed to avoid undue hardship to those firms who
may have been unaware of the pending metric requirements. In its
``Resolution on Enforcement of SI Metric Labeling Requirements,'' NCWM
has stated that it is advisable ``to allow ample time for industry to
become aware of the metric labeling requirements, and to reduce the
burden on industry and thus reduce the cost of updating of package
labels.''61 To achieve these goals, the National Conference has
resolved to enforce its metric labeling requirements until November 8,
1994 by sending to non-complying businesses letters which state ``not
only the area of noncompliance, but also the correct way to be in
compliance.''62
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\6\0The National Conference on Weights and Measures is a
voluntary standards-writing body whose members are State and local
weights and measures officials and which has Federal Government,
business, industry and consumer representatives. NCWM, 19, 1.
\6\1Id. at 6.
\6\2Id.
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Commission law enforcement actions during this period against non-
complying firms could undercut the objectives stated in the NCWM
resolution. While states enforce independent laws, these laws for the
most part mirror the Commission's FPLA rules. Thus, fear of enforcement
by the Commission of the federal version of the new state metric
requirements could lead some firms immediately to incur costs of re-
labeling, despite assurances of no state law enforcement actions. In
the interest of promoting harmonization with state enforcement, the
Commission therefore has determined to avoid taking law enforcement
actions against companies not in compliance with the metric amendments
to the final FPLA regulations until November 8, 1994.63
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\6\3Further, the delay of enforcement gives companies time to
learn about these amendments without subjecting them to the burden
of litigation. All other aspects of the Commission's regulations
issued under the FPLA will not be affected by the postponement of
enforcement of the SI metric amendments.
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List of Subjects in 16 CFR Part 500
Fair Packaging and Labeling Act, Labeling, Packaging and
containers, Trade practices.
For the reasons set out in the preamble, Title 16 of the Code of
Federal Regulations is amended by revising part 500 to read as follows:
PART 500--REGULATIONS UNDER SECTION 4 OF THE FAIR PACKAGING AND
LABELING ACT
Sec.
500.1 Scope of the regulations of this part.
500.2 Terms defined.
500.3 Prohibited acts, coverage, general labeling requirements,
exemption procedures.
500.4 Statement of identity.
500.5 Name and place of business of manufacturer, packer or
distributor.
500.6 Net quantity of contents declaration, location.
500.7 Net quantity of contents, method of expression.
500.8 Units of weight or mass and measure.
500.9 Units of weight or mass, how expressed.
500.10 Units of fluid measure, how expressed.
500.11 Measurement of commodity length, how expressed.
500.12 Measurement of commodities by length and width, how
expressed.
500.13 Measurement of commodities by area measure only, how
expressed.
500.14 Statements of cubic measure and dry measure.
500.15 Units of count, more than one ply.
500.16 Measurement of container type commodities, how expressed.
500.17 Fractions.
500.18 SI metric prefixes.
500.19 Conversion of SI metric quantities to inch/pound quantities
and inch/pound quantities to SI metric quantities.
500.20 Conspicuousness.
500.21 Type size in relationship to the area of the principal
display panel.
500.22 Abbreviations.
500.23 Expression of net quantity of contents in SI Metric units.
500.24 Supplemental statements.
500.25 Net quantity, average quantity, permitted variations.
500.26 Representations of servings, uses, applications.
500.27 Multiunit packages.
500.28 Variety packages.
500.29 Combination packages.
Authority: 15 U.S.C. 1453, 1454, 1455.
Sec. 500.1 Scope of the regulations of this part.
The regulations in this part establish requirements for labeling of
consumer commodities as hereinafter defined with respect to identity of
the commodity; the name and place of business of the manufacturer,
packer, or distributor; the net quantity of contents; and net quantity
of servings, uses, or applications represented to be present.
Sec. 500.2 Terms defined.
As used in this part, unless the context otherwise specifically
requires:
(a) The term Act means the ``Fair Packaging and Labeling Act''
(Pub. L. 89-755, approved Nov. 3, 1966; 80 Stat. 1296 et seq.; 15
U.S.C. 1451 et seq., as amended by Public Law 102-329, August 3, 1992).
(b) The term regulation or regulations means regulations
promulgated by the Commission pursuant to sections 4, 5, and 6 of the
Act (15 U.S.C. 1453, 1454, 1455).
(c) The term consumer commodity or commodity means any 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. For purposes of
the regulations in this part the term consumer commodity does not
include any food, drug, device or cosmetic as defined by section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); any meat or
meat product, poultry or poultry product, or tobacco or tobacco
product; any commodity subject to packaging or labeling requirements
imposed by the Administrator of the Environmental Protection Agency
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.); any commodity subject to the provisions of the
eighth paragraph under the heading ``Bureau of Animal Industry'' of the
Virus-Serum-Toxin Act (21 U.S.C. 151-157); any beverage subject to or
complying with packaging or labeling requirements imposed under the
Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); any
commodity subject to the provisions of the Federal Seed Act (7 U.S.C.
1551-1610).
(d) The term package means any container or wrapping in which any
consumer commodity is enclosed for use in the delivery or display of
that commodity to retail purchasers. For purposes of the regulations in
this part the term package does not include 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 unless used in retail display;
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 containers subject to the provisions of the Act of August
3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), the Act of March
4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236); or transparent
wrappers or containers which do not bear written, printed, or graphic
matter obscuring any part of the label information required by this
part.
(e) The term label means any written, printed, or graphic matter
affixed to or appearing upon any consumer commodity or affixed to or
appearing upon a package containing any consumer commodity; except
that:
(1) 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 part,
and
(2) For the purposes of the regulations in this part the term label
does not include written, printed, or graphic matter affixed to or
appearing upon commodities, or affixed to or appearing upon containers
or wrappers for commodities sold or distributed to industrial or
institutional users.
(f) The term person includes any firm, corporation or associations.
(g) 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
legislature, but shall not include exports to foreign countries.
(h) 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. The
principal display panel must be large enough to accommodate all the
mandatory label information required to be placed thereon by this part
without obscuring designs, vignettes, or crowding. This definition does
not preclude utilization of alternate principal display panels on a
label of a package, but alternate principal display panels must
duplicate the information required to be placed on the principal
display panel by this part. This definition does not preclude
utilization of the container closure as the surface bearing the
principal display panel if that label location is the one most likely
to be displayed, presented, shown, or examined under normal and
customary conditions of display for retail sale. The principal display
panel of a label appearing on a cylindrical surface is that 40 percent
of the circumference which is more likely to be displayed, presented,
shown, or examined under normal and customary conditions of display for
retail sale. The principal display panel of a consumer commodity
marketed in a decorative type container, or a container having a
capacity of \1/4\ ounce (7.4 mL) or less, may be considered to be a
tear-away tag or tape affixed to the container and bearing the
mandatory label information as required by this part, but the type size
of the net quantity of contents statement shall be governed by the
dimensions of the container itself. The principal display panel of a
consumer commodity marketed on a display card to which the immediate
container of the commodity is affixed may be considered to be the
display panel of the card, and the type size of the net quantity of
contents statement is governed by the dimensions of the display card.
(i) 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, that is, packages with no fixed weight pattern.
(j) The term SI metric refers to units belonging to the
International System of Units (abbreviated ``SI'' from the French, Le
Systeme International d'Unites), as interpreted or modified for use in
the United States by the Secretary of Commerce. They include the SI
units (together with their multiples and submultiples) as well as other
metric units (e.g., the liter) that are accepted for use with the SI
units because of their practical importance.
(k) The term customary inch/pound refers to units belonging to the
system of units used in the United States based on or derived from the
ounce, pound, and ton for weight; the inch, foot, yard, and mile for
length; the fluid ounce, pint, quart, and gallon for volume; and dry
pint, dry quart, peck, and bushel for dry measure.
(l) The term ``e'' mark refers to the symbol ``e'' used in
connection with the quantity declarations on labels of some consumer
commodities marketed primarily in the European Community (EC). The
``e'' mark constitutes a representation by the packer or importer that
the package to which it is applied has been filled in accordance with
the average system of quantity specified by the EC. The average system
is a method of declaring package fill in the EC and other countries of
the world, including the United States.
Sec. 500.3 Prohibited acts, coverage, general labeling requirements,
exemption procedures.
(a) No person engaged in the packaging or labeling of any consumer
commodity for distribution in commerce, and no person (other than a
common carrier for hire, or a freight forwarder for hire) engaged in
the distribution in commerce of any packaged or labeled consumer
commodity, shall distribute or 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 the Act and of the regulations in this part.
(b) Persons engaged in business as wholesale or retail distributors
of consumer commodities shall be subject to the Act and the regulations
in this part to the extent that such persons are engaged in the
packaging or labeling of consumer commodities, or prescribe or specify
by any means the manner in which such consumer commodities are packaged
or labeled.
(c) Each packaged or labeled consumer commodity, unless it has been
exempted through proceedings under section 5(b) of the Act (15 U.S.C.
1454(b)), shall, upon being prepared for distribution in commerce or
for sale at retail, and before being distributed in commerce or offered
for sale at retail, be labeled in accordance with the requirements of
the Act and the regulations in this part.
(d) Each packaged or labeled consumer commodity, unless it has been
exempted through proceedings under section 5(b) of the Act, shall bear
a label specifying the identity of the commodity; the name and place of
business of the manufacturer, packer, or distributor; the net quantity
of contents; and the net quantity per serving, use or application,
where there is a label representation as to the number of servings,
uses, or applications obtainable from the commodity.
(e) Regulations will be promulgated by the Commission exempting
particular consumer commodities from one or more of the requirements of
section 4 of the Act and the regulations thereunder to the extent and
under such conditions as are consistent with the declared policy of the
Act whenever the Commission finds that, because of the nature, form, or
quantity of the particular consumer commodity, or for other good and
sufficient reasons, full compliance with all the requirements otherwise
applicable is impracticable or is not necessary for the adequate
protection of consumers. Proceedings for the promulgation of such
exempting regulations may be commenced by the Commission upon its own
initiative or pursuant to petition filed with the Secretary by any
interested person or group stating reasonable grounds for the proposed
exemption, pursuant to Section 1.15 of this chapter of the Commission's
general procedures.
Sec. 500.4 Statement of identity.
(a) The principal display panel of a consumer commodity shall bear
a specification of the identity of the commodity.
(b) Such specification of identity shall comprise a principal
feature of the principal display panel, shall be in such type size and
so positioned as to render it easily read and understood by the
consumer, and shall be in lines generally parallel to the base on which
the package or commodity rests as it is designed to be displayed.
(c) Such specification of identity shall be in terms of:
(1) The name now or hereafter specified in or required by any
applicable Federal law or regulation; or in the absence thereof,
(2) The common or usual name of the commodity; or in the absence
thereof,
(3) The generic name or in other appropriately descriptive terms
such as a specification which includes a statement of function.
(d) The specification of identity shall not be false, misleading,
or deceptive in any respect. Ingredients or components which are not
present in the commodity in a substantial or significantly effective
amount may not be mentioned in the specification of identity; except
that a component present in a formulation in substantial and effective
amounts, but not present in the final product due to conversion or
transformation into a different entity (which different entity is
present in the final product), may be mentioned in the specification of
identity.
Sec. 500.5 Name and place of business of manufacturer, packer or
distributor.
(a) The label of a consumer commodity shall specify conspicuously
the name and place of business of the manufacturer, packer, or
distributor. Where the consumer 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 ______,'' ``Distributed by
______,'' or any other wording that expresses the facts.
(b) The requirement for declaration of the manufacturer, packer, or
distributor shall in the case of a corporation be deemed to be
satisfied only by the actual corporate name, which may be preceded or
followed by the name of the particular division of the corporation. In
the case of an individual, partnership, or association, the name under
which the business is conducted shall be used.
(c) The statement of the place of business shall include the street
address, city, State, and Zip Code; however, the street address may be
omitted if it is shown in a current city directory or telephone
directory.
(d) If a person manufactures, packs, or distributes a consumer
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 such consumer commodity was manufactured or packed or is to
be distributed, unless such statement would be misleading.
(e) Standard abbreviations may be used in complying with the
requirements of this section.
Sec. 500.6 Net quantity of contents declaration, location.
(a) The label of a consumer commodity shall bear a declaration of
the net quantity of contents separately and accurately stated on the
principal display panel.
(b) The declaration of net quantity shall appear as a distinct item
on the principal display panel, shall be separated (by at least a space
equal to the height of the lettering used in the declaration) from
other printed label information appearing above or below the
declaration and, shall not include any term qualifying a unit of weight
or mass, measure, or count such as ``jumbo quart,'' ``giant liter,''
``full gallon,'' ``when packed,'' ``minimum,'' or words of similar
import. The declaration of net quantity shall be separated (by at least
a space equal to twice the width of the letter ``N'' of the style of
type used in the net quantity statement) from other printed label
information appearing to the left or right of the declaration. However,
the ``e'' mark shall not be considered to be a qualifying word or
phrase and may be used as part of the statement of the net quantity of
contents where warranted. When used, the ``e'' mark shall be at least 3
millimeters (approximately 1/8 in) in height. The declaration of net
quantity of contents shall be placed on the principal display panel
within the bottom 30 percent of the area of the label panel in lines
generally parallel to the base on which the package or commodity rests
as it is designed to be displayed: Provided, that:
(1) On consumer commodities having a principal display panel of 5
square inches (32.2 cm2) or less, the requirement for placement
within the bottom 30 percent of the area of the label panel shall not
apply when the declaration of net quantity of contents meets the other
requirements of this part, and
(2) The requirements as to separation, location, and type size,
specified in this part are waived with respect to variety and
combination packages as defined in this part.
Sec. 500.7 Net quantity of contents, method of expression.
The net quantity of contents shall be expressed in terms of weight
or mass, measure, numerical count, or a combination of numerical count
and weight or mass, size, or measure so as to give accurate information
regarding the net quantity of contents thereof, and thereby facilitate
value comparisons by consumers. The net quantity of contents statement
shall be in terms of fluid measure if the commodity is liquid, or in
terms of weight or mass if the commodity is solid, semi-solid, or
viscous, or a mixture of solid and liquid. If there is a firmly
established general consumer usage and trade custom of declaring the
contents of a liquid by weight or mass, or a solid, semi-solid, or
viscous product by fluid measure, numerical count, and/or size, or (as
in the case of lawn and plant care products) by cubic measure, it may
be used, when such declaration provides sufficient information to
facilitate value comparisons by consumers. The declaration may appear
in more than one line of print or type.
Sec. 500.8 Units of weight or mass and measure.
(a) Statements of weight or mass shall be in terms of both
avoirdupois pound and ounce and SI metric kilograms, grams, or
milligrams. (Examples of avoirdupois/metric declarations: ``Net Wt 15
oz (425 g)'' or ``Net Wt 1\1/2\ lbs (680 g)'' or `` 2.5 oz (70.8 g)'';
examples of metric/avoirdupois declarations: ``Net Mass 425 g (15 oz)''
or ``Net Mass 680 g (1\1/2\ lbs)'' or ``100 g e (3.5 oz).'')
(b) Statements of fluid measure shall be in terms of both the U.S.
gallon of 231 cubic inches and quart, pint, and fluid ounce
subdivisions thereof and SI metric liters or milliliters and shall
(except in the case of petroleum products, for which the declaration
shall express the volume at 60 deg.Fahrenheit (15.6 deg.Celsius))
express the volume at 68 deg.Fahrenheit (20 deg.Celsius). (Examples
of gallon/metric declarations: ``Net 12 fl oz (354 mL)'' or ``Net
Contents 1 gal (3.78 L)'' or ``8 fl oz (236 mL)''; examples of metric/
gallon declarations: ``Net 500 mL (1.05 pt)'' or ``Net Contents 1 L
(1.05 qt).'')
(c) Statements of linear measure shall be in terms of both yards,
feet, and inches and SI metric meters, centimeters, or millimeters.
(d) Statements of measure of area shall be in terms of both square
yards, square feet, and square inches and SI metric square meters,
square decimeters, square centimeters, or square millimeters.
(e) Statements of dry measure shall be in terms of both the U.S.
bushel of 2,150.42 cubic inches and peck, dry quart, and dry pint
subdivisions thereof and SI metric liters or milliliters.
(f) Statements of cubic measure shall be in terms of both cubic
yard, cubic foot, and cubic inch and SI metric cubic meters, cubic
decimeters, or cubic centimeters.
Sec. 500.9 Units of weight or mass, how expressed.
(a) The term ``net weight'' or ``net mass'' may be used in stating
the net quantity of contents in terms of weight or mass. However, where
the term ``net weight'' or ``net mass'' is not used, the quantity of
contents shall always disclose the net quantity of contents. For
example: ``453 g (1 lb)'' or ``Net Wt 1 lb (453 g)'' or ``Net Mass 453
g (1 lb)''.
(b) With the exception of random packages, the statement of net
quantity of contents in terms of avoirdupois weight shall be expressed
as follows:
(1) If less than 1 pound, in terms of ounces. (Examples: ``Net
Weight 12 oz. (340 g)'' or ``Net Mass 340 g (12 oz)''.)
(2) If at least 1 pound but less than 4 pounds, in whole pounds,
with any remainder in ounces or common or decimal fractions of the
pound, except that it shall be optional to include an immediately
adjacent additional expression of net quantity in terms of ounces.
(Examples: ``Net Wt. 1 lb. 8 oz. (680 g)'' or ``Net Wt. 1.5 lb./24
oz. (680 g)'' or ``24 oz. (1\1/2\ lb.) 680 g''.)
(3) If 4 pounds or more, in terms of whole pounds, with any
remainder in terms of ounces or common or decimal fractions of the
pound, except that it shall be optional to include an immediately
adjacent additional expression of net quantity in terms of ounces.
(Examples: ``Net Weight 5 pounds 4 ounces (2.38 kg)'' or ``Net Mass
2.38 kg (5 lbs 4 oz)'' or ``Net Wt. 5\1/4\ lbs. (2.38 kg)'' or ``Net
Mass 2.38 kg (5\1/4\ lbs.)'' or ``Net Wt. 5.25 lbs. (2.38 kg) or ``Net
Mass 2.38 kg (5.25 lbs)''.)
(c) If the net quantity of contents declaration appears on a random
package it may, when the net weight exceeds 1 pound, be expressed in
terms of pounds and decimal fractions of the pound carried out to not
more than three decimal places. When the net weight does not exceed 1
pound, the declaration on the random package may be in terms of decimal
fractions of the pound in lieu of ounces. (Examples: ``Net Wt. 0.75
lb.'' and ``Net Weight 1.05 pounds.'') Such decimal declaration shall
be exempt from the type size and placement requirements of section 4(a)
of the Act if the accurate statement of net weight is presented
prominently and conspicuously on the principal display panel of the
package. The net quantity of contents declaration on a random package
is not required to, but may include a statement in terms of the SI
metric system carried out to not more than 3 decimal places.
(d) It is sufficient to distinguish avoirdupois ounce from fluid
ounce through association of terms. (Examples: ``Net Wt. 6 oz.'' vs.
``6 fl. oz.'' or ``Net Contents 6 fl. oz.'')
Sec. 500.10 Units of fluid measure, how expressed.
(a) Use of the terms ``net'' or ``net contents'' is optional.
(b) Declaration of net quantity of contents in terms of fluid
measure shall be identified as such in each instance and the statement
of U.S. gallon of 231 cubic inches and quart, pint, and fluid ounce
subdivisions thereof shall be expressed as follows:
(1) If less than 1 pint, in terms of fluid ounces. (Example: ``Net
Contents 8 fl. oz. (236 mL)'' or ``Net Contents 236 mL (8 fl. oz.)''.)
(2) If at least 1 pint but less than 1 gallon, in terms of 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, except that it shall be optional to
include an immediately adjacent additional expression of net quantity
in terms of fluid ounces. (Examples: ``1 qt. (946 mL)'' or ``Net
contents 1 qt. 1 pt. 8 oz./56 fl. oz. (1.65 L)'', but not in terms of
quart and ounce such as ``1 quart 24 ounces (1.65 L)''.)
(3) If 1 gallon or more, in terms of the largest whole unit
(gallons followed by common or decimal fractions of a gallon or by the
next smaller whole unit or units viz, quarts and pints) with any
remainder in terms of fluid ounces or common or decimal fractions of
the pint or quart, except that it shall be optional to include an
immediately adjacent additional expression of net quantity in terms of
fluid ounces.
(Examples: ``Net contents 2\1/2\ gal. (9.46 L)'', ``Contents 2.5
gal. (9.46 L)'', or ``Net contents 2 gallons 2 quarts (9.46 L)'' but
not as ``2 gallons 4 pints (9.46 L)''.)
Sec. 500.11 Measurement of commodity length, how expressed.
Declaration of net quantity in terms of yards, feet, and inches
shall be expressed as follows:
(a) If less than 1 foot, in terms of inches and fractions thereof.
(b) If 1 foot or more, in terms of the largest whole unit (a yard
or foot) with any remainder in terms of inches or common or decimal
fractions of the foot or yard, except that it shall be optional to
express the length in the preceding manner followed by a statement of
the length in terms of inches.
Sec. 500.12 Measurement of commodities by length and width, how
expressed.
For bidimensional commodities (including roll-type commodities)
measured in terms of commodity length and width, the declaration of net
quantity of contents shall be expressed in the following manner:
(a) The declaration of net quantity for bidimensional commodities
having a width of more than 4 inches (10.1 cm) shall:
(1) When the commodity has an area of less than 1 square foot (929
cm\2\) be expressed in terms of length and width in linear measure. The
customary inch/pound statement is to be expressed in inches and
fractions thereof.
(2) When the commodity has an area of 1 square foot (929 cm\2\) or
more, but less than 4 square feet (37.1 dm\2\), be expressed in terms
of area, followed by the length and width. The customary inch/pound
statement of area is to be expressed in square inches with length and
width expressed in the largest whole unit (yard or foot) with any
remainder in inches or common or decimal fractions of the yard or foot
except that a dimension of less than 2 feet (60.9 cm) may be stated in
inches. Commodities consisting of usable individual units (e.g., paper
napkins) while requiring a declaration of unit area need not declare
the total area of all such individual units.
(3) When the commodity has an area of 4 square feet (37.1 dm\2\) or
more, be expressed in terms of area, followed by the length and width.
The customary inch/pound statement of area is to be expressed in square
feet with the length and width expressed in the largest whole units
(yards or feet) with any remainder in terms of inches or common or
decimal fractions of the foot or yard except that a dimension of less
than 2 feet (60.96 cm) may be stated in inches.
(4) For any commodity for which the quantity of contents is
required by paragraph (a) (2) or (3) of this section to include a
declaration of the linear dimensions, the quantity of contents, in
addition to being declared in the manner prescribed by the appropriate
provisions of this regulation, may also include, after the customary
inch/pound statement of the linear dimensions of the largest unit of
measurement, a parenthetical declaration of the linear dimensions of
said commodity in terms of inches.
(Example: ``25 sq. ft. (12 in. x 8.33 yd.) (12 in. x 300 in.)
2.32 m\2\ (30.4 cm x 7.62 m)''.)
(b) For bidimensional commodities having a width of 4 inches (10.16
cm) or less, the declaration of net quantity shall be expressed in
terms of width and length in linear measure. The customary inch/pound
statement of width shall be expressed in terms of linear inches and
fractions thereof, and length shall be expressed in the largest whole
unit (yard or foot) with any remainder in terms of the common or
decimal fractions of the yard or foot, except that it shall be optional
to express the length in the largest whole unit followed by a statement
of length in inches or to express the length in inches followed by a
statement of length in the largest whole unit.
(Example: ``2 inches x 10 yards (5.08 cm x 9.14 m)'',
``2 inches x 10 yards (360 inches) 5.08 cm x 9.14 m'', or
``2 inches x 360 inches (10 yards) 5.08 cm x 9.14 m''.)
Sec. 500.13 Measurement of commodities by area measure only, how
expressed.
For commodities measured in terms of area measure only declaration
of net quantity in terms of square yards, square feet, and square
inches shall be expressed in the following manner:
(a) If less than 1 square foot (929 cm\2\), in terms of square
inches and fractions thereof.
(b) If at least 1 square foot (929 cm\2\) but less than 4 square
feet (37.1 dm\2\), in terms of square feet with any remainder in terms
of square inches or common or decimal fractions of the square foot.
(c) If 4 square feet (37.1 dm\2\) or more, in terms of the largest
appropriate whole unit (square yards, square yards and square feet, or
square feet) with any remainder in terms of square inches or common or
decimal fractions of the square foot or square yard.
Sec. 500.14 Statements of cubic measure and dry measure.
Statements of cubic measure and dry measure shall be expressed in
terms most appropriate to the providing of accurate information as to
the net quantity of contents, and to the facilitating of value
comparisons by consumers. When the content declaration on a commodity
sold in compressed form is stated in terms of cubic measure there may
also be a statement indicating the amount of material from which the
final product was compressed. Such statement shall not exceed the
actual amount of material that can be recovered.
Sec. 500.15 Units of count, more than one ply.
If the commodity is in distinct usable units made up of one or more
components or ply, the statement of net quantity of contents shall (in
addition to complying with the requirements of linear and area
measurement declaration for each unit as specified in Sec. 500.12)
include the number of ply and the total number of usable units.
(Example: ``100 2-ply facial tissues, 8\1/2\ inches x 10 inches''
(21.5 x 25.4 cm).) For the purposes of this section, roll type
commodities (e.g. paper towels), irrespective of perforations, shall
not be considered to be usable units, and shall be labeled in terms
of total area measurement and the number of ply. Such area
measurement, however, shall be supplemented by a count statement and
the dimensions of a single unit.
Sec. 500.16 Measurement of container type commodities, how expressed.
Notwithstanding other provisions of this Part 500 of the
regulations pertaining to the expression of net quantity of contents by
measurement, 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 in accordance with the following paragraphs:
(a) The declaration of net quantity for container commodities shall
be expressed as follows:
(1) For bag type commodities, in terms of count followed by linear
dimensions of the bag (whether packaged in a perforated roll or
otherwise) Net quantity of contents in terms of feet and inches shall
be expressed as follows:
(i) When the unit bag is characterized by two dimensions because of
the absence of a gusset, the width and length will be expressed in
inches, except that a dimension of 2 feet or more will be expressed in
feet with any remainder in terms of inches or common or decimal
fractions of the foot.
(Example: ``25 bags, 17 in. x 20 in. (43.1 x 50.8 cm)'' or ``200
bags, 20 in. x 2 ft. 6 in. (50.8 x 76.2 cm)'', or ``50 bags, 20 in.
x 2\1/2\ ft. (50.8 x 76.2 cm)''.)
(ii) When the unit bag is gussetted, the dimensions will be
expressed as width, depth and length in terms of inches except that any
dimensions of 2 feet or more will be expressed in feet with any
remainder in terms of inches or the common or decimal fractions of the
foot.
(Examples: ``25 bags, 17 in. x 4 in. x 20 in. (43 x 10 x 50 cm)'',
or ``200 bags, 20 in. x 12 in. x 2\1/2\ ft. (50.8 x 30.4 x 76.2
cm)''.)
(2) 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 2 inches (5.08 cm).
(Example: ``2 cake pans, 8 in. x 8 in. (20.3 x 20.3 cm)'', or
``roasting pan, 12 in. x 8 in. x 3 in. (30.4 x 20.3 x 7.62 cm)''.)
(3) 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 2 inches (5.08 cm).
(Example: ``4 pie pans, 8 in. diameter (20.3 cm)'' or ``2 cake pans,
8 in. diameter x 4 in. (20.3 x 10.1 cm)''.)
(b) When the functional use of the container is related by label
reference 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:
(1) Liquid measure for containers which are intended to be used for
liquids, semi-solids, viscous materials or mixtures of solids and
liquids. The customary inch/pound statement of capacity shall be stated
in terms of the largest whole U.S. gallon of 231 cubic inches, quart,
pint, or ounce with any remainder in terms of the common or decimal
fraction of that unit.
(Example: Freezer Boxes: ``4 boxes, 1 qt. capacity, 6 in. x 6 in. x
4 in. (946 mL capacity, 15.2 x 15.2 x 10.1 cm)''.)
(2) Dry measure for containers which are intended to be used for
solids. The customary inch/pound statement of capacity shall be stated
in terms of the largest whole U.S. bushel of 2,150.42 cubic inches,
peck, dry quart, or dry pint with any remainder in terms of the common
or decimal fraction of that unit.
(Example: Leaf Bags: ``8 bags, 6 bushel capacity, 4 feet x 5 feet
(211 L capacity--1.21 m x 1.52 m)''.)
(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 container.
(Example: Garbage Can Liners: ``10 liners, 2 ft. 6 in. x 3 ft. 1
in., fits up to 30 gallon cans (76.2 x 93.9 cm, fits up to 113 L
cans''.)
(c) 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.
(Example: ``24 cups, 6 fl. oz. capacity (177 mL)''.)
(d) For purposes of this section, the use of the terms
``capacity,'' ``diameter,'' and ``fluid'' is optional.
Sec. 500.17 Fractions.
(a) SI metric declarations of net quantity of contents of any
consumer commodity may contain only decimal fractions. Other
declarations of net quantity of contents may contain common or decimal
fractions. A common fraction shall be in terms of halves, quarters,
eighths, sixteenths, or thirty-seconds; except that:
(1) 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
(2) If linear measurements are required in terms of yards or feet,
common fractions may be in terms of thirds. A common fraction shall be
reduced to its lowest terms; a decimal fraction shall not be carried
out to more than three places.
(b) If a statement includes small fractions, smaller variations in
the actual size or weight of the commodity will be permitted as
provided in Sec. 500.25, than in cases where the larger fractions or
whole numbers are used.
Sec. 500.18 SI metric prefixes.
The following chart indicates SI prefixes that may be used on a
broad range of consumer commodity labels:
------------------------------------------------------------------------
Multiplying
Prefix Symbol factor\1\
------------------------------------------------------------------------
Kilo-...................................... k x 10\3\
Deca-...................................... da x 10
Deci-...................................... d x 10-\1\
Centi-..................................... c x 10-\2\
Milli-..................................... m x 10-\3\
Micro-..................................... x 10-\6\
------------------------------------------------------------------------
\1\10\2\=100; 10\3\=1000; 10-\1\=0.1; 10-\2\=0.01.
Thus, 2 kg=2x1000 g=2000 g, and 3 cm=3x0.01 m=0.03 m.
Sec. 500.19 Conversion of SI metric quantities to inch/pound
quantities and inch/pound quantities to SI metric quantities.
(a) For calculating the conversion of SI metric quantities to inch/
pound quantities and inch/pound quantities to metric quantities, the
factors in the following chart and none others shall be employed:
SI Metric Inch/Pound Conversion Factors
------------------------------------------------------------------------
Inch/pound Metric
------------------------------------------------------------------------
Length
------------------------------------------------------------------------
1 mil=25.4 micrometers (m)*.
1 inch=2.54 cm*.................... 1 millimeter=0.039 370 in.
1 foot=30.48 cm*................... 1 centimeter=0.393 701 in.
1 yard=0.9144m*.................... 1 meter=3.280 84 ft.
------------------------------------------------------------------------
Area
------------------------------------------------------------------------
1 square inch=6.4516 cm\2\*........ 1 square centimeter=0.155 000
in\2\.
1 square foot=929.0304 cm\2\*...... 1 square decimeter=0.107 639 ft\2\.
=9.290 304 dm\2\................. 1 square meter=10.763 9 ft\2\.
1 square yard=0.836 127 m\2\.......
------------------------------------------------------------------------
Volume or Capacity
------------------------------------------------------------------------
1 cubic inch=16.3871 cm\3\......... 1 cubic centimeter=0.061 023 7
in\3\.
1 cubic foot=0.028 316 8 m\3\...... 1 cubic decimeter=0.035 314 7
ft\3\.
=2.83 168 dm\3\.................. 1 cubic meter=35.314 7 ft\3\.
1 cubic yard=0.764 555 m\3\........ =1.307 95 yd\3\.
1 fluid ounce=29.573 5 mL.......... 1 milliliter=0.033 814 0 fluid oz.
1 liquid pint=473.177 mL........... 1 liter=1.05669 liquid quart.
=0.473 177 L..................... 1 liter=0.264 172 gallon.
1 liquid quart=946.353 mL.......... 1 dry pint=550.610 5 mL.
=0.946 353 L..................... 1 dry quart=1.101 221 L.
1 gallon=3.785 41 L................ 1 dry peck=8.809 768 L.
1 bushel=35.2391 L.................
------------------------------------------------------------------------
Weight or Mass
------------------------------------------------------------------------
1 ounce=28.349 5 g................. 1 milligram=0.000 035 274 0 oz.
1 pound=453.592 g.................. =0.015 432 4 grain.
=0.453 592 kg.................... 1 gram=0.035 274 0 oz.
1 kilogram=2.204 62 lb.
------------------------------------------------------------------------
*Exactly.
Note: These conversion factors are given to six significant digits to
provide such accuracy when necessary.
(b) The SI metric quantity declaration should be shown in three
digits except where the quantity is below 100 grams, milliliters,
centimeters, square centimeters or cubic centimeters, where it can be
shown in two figures. In either case, any final zero appearing to the
right of a decimal point need not be shown.
(Examples: ``1 lb (453 g)'' not ``1 lb (453.592 g)''; ``Net Wt. 2 oz
(56 g)'' or ``Net Wt 2 oz (56.6 g)'' not ``Net Wt. 2 oz (56.69
g)''.)
Sec. 500.20 Conspicuousness.
The statement of net quantity of contents shall appear in
conspicuous and easily legible boldface type or print in distinct
contrast (by typography, layout, color, embossing, or molding) to other
matter on the package; except that a statement of net quantity blown,
embossed, or molded on a glass or plastic surface is permissible when
all label information is so formed on the surface.
Sec. 500.21 Type size in relationship to the area of the principal
display panel.
(a) The statement of net quantity of contents shall be in letters
and numerals in a type size established in relationship to the area of
the principal display panel of the package or commodity and shall be
uniform for all packages or commodities of substantially the same size.
For this purpose, ``area of the principal display panel'' means the
area of the side or surface that bears the principal display panel,
exclusive of tops, bottoms, flanges at tops and bottoms of cans, and
shoulders and necks of bottles and jars. This area shall be:
(1) In the case of a rectangular package or commodity where one
entire side properly can be considered to be a principal display panel
side, the product of the height times the width of that side;
(2) In the case of a cylindrical or nearly cylindrical container or
commodity, 40 percent of the product of the height of the container or
commodity times the circumference; and
(3) In the case of any otherwise shaped container or commodity, 40
percent of the total surface of the container or commodity: Provided,
however, that where such container or commodity presents an obvious
``principal display panel'' such as the top of a triangular or oval
shaped container, the area shall consist of the entire top surface.
(b) With area of principal display panel defined as above, the type
size in relationship to area of that panel shall comply with the
following specifications:
(1) Not less than \1/16\ inch (1.5 mm) in height on packages the
principal display panel of which has an area of 5 square inches or
(32.2 cm\2\) less.
(2) Not less than \1/8\ inch (3.1 mm) in height on packages the
principal display panel of which has an area of more than 5 (32.2
cm\2\) but not more than 25 square inches (161 cm\2\).
(3) Not less than \3/16\ inch (4.7 mm) in height on packages the
principal display panel of which has an area of more than 25 (161
cm\2\) but not more than 100 square inches (6.45 dm\2\).
(4) Not less than \1/4\ inch (6.35 mm) in height on packages the
principal display panel of which has an area of more than 100 square
inches (6.45 dm\2\), except not less than \1/2\ (12.7 mm) inch in
height if the area is more than 400 square inches (25.8 dm\2\).
(c) Where the statement of net quantity of contents is blown,
embossed, or molded on a glass or plastic surface rather than by
printing, typing, or coloring, the lettering sizes specified in
paragraph (b) of this section shall be increased by \1/16\ of an inch
(1.5 mm).
(d) Letter heights pertain to upper case or capital letters. When
upper and lower case or all lower case letters are used, it is the
lower case letter ``o'' or its equivalent that shall meet the minimum
standards.
(e) The ratio of height to width of a letter shall not exceed a
differential of 3 units to 1 unit (no more than 3 times as high as it
is wide).
(f) When fractions are used, each component shall meet one-half the
minimum height standards.
(g) The type size requirements specified in this section do not
apply to the ``e'' mark. (See Sec. 500.6(b).)
(h) When upper and lower case or all lowercase letters are used in
SI metric symbols, it is the uppercase ``L,'' lowercase ``d,'' or their
equivalent in the print or type used that shall meet the minimum height
requirement. Other letters and exponents must be presented in the same
type style and in proportion to the type size used. However, no letter
shall be less than 1.6 mm (\1/16\ inch) in height.
Sec. 500.22 Abbreviations.
The following abbreviations and none other may be employed in the
required net quantity declaration:
Inch--in.
Feet or foot--ft.
Fluid--fl.
Liquid--liq.
Ounce--oz.
Gallon--gal.
Pint--pt.
Pound--lb.
Quart--qt.
Square--sq.
Weight--wt.
Yard--yd.
Avoirdupois--avdp.
Cubic--cu.
Note: Periods and plural forms shall be optional.
Sec. 500.23 Expression of net quantity of contents in SI Metric units.
(a) The selected multiple or submultiple prefixes for SI metric
units shall result in numerical values between 1 and 1000, except that
centimeters or millimeters may be used where a length declaration is
less than 100 centimeters. For example, ``1.96 kg'' instead of ``1960
g'' and ``750 mL'' instead of ``0.75 L''.
(b) The following symbols for SI metric units and none others may
be employed in the required net quantity declaration:
centimeter--cm
cubic centimeter--cm\3\
cubic decimeter--dm\3\
meter--m
milligram--mg
liter--L or l
milliliter--mL or ml
square decimeter--dm\2\
cubic meter--m\3\
kilogram--kg
micrometer--m
gram--g
millimeter--mm
square meter--m\2\
square centimeter--cm\2\
Note: Symbols, except for liter, are not capitalized. Periods
should not be used after the symbol. Symbols are always written in
the singular form.
Sec. 500.24 Supplemental statements.
Nothing contained in the regulations in this part shall prohibit
supplemental statements, at locations other than the principal display
panel, describing in non-deceptive 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 commodity
contained in the package. (Examples of prohibited language are: ``Giant
Quart,'' ``Jumbo Liter,'' ``Full Gallon,'' ``When Packed,''
``Minimum,'' or words of similar import.) Required combination
declarations of net quantity of contents (for example, a combination of
net weight or mass plus numerical count, numerical count plus
dimensions of the commodity, etc.) are not regarded as supplemental net
quantity statements and shall be located on the principal display
panel. Dilution directions or other similar directions for use are not
regarded as supplemental net quantity statements and may be located on
the principal display panel. Size characterizations in compliance with
standards promulgated under section 5(c)(1) of the Act may appear on
the principal display panel.
Sec. 500.25 Net quantity, average quantity, permitted variations.
(a) The statement of net quantity of contents shall accurately
reveal the quantity of the commodity in the container exclusive of
wrappers and other material packed therewith: Provided, that in the
case of a commodity packed in a container designed to deliver the
commodity under pressure, the statement shall declare the net quantity
of the contents that will be expelled when the instructions for use are
followed. The propellant is included in the net quantity statement.
(b) Variations from the stated weight or mass or measure shall be
permitted when caused by ordinary and customary exposure, after the
commodity is introduced into interstate commerce, to conditions which
normally occur in good distribution practice and which unavoidably
result in change of weight or mass or measure.
(c) Variations from the stated weight or mass, measure, or
numerical count shall be permitted when caused by unavoidable
deviations in weighing, measuring, or counting the contents of
individual packages which occur in good packaging practice: Provided,
that such variations shall not be permitted to such extent that the
average of the quantities in the packages comprising a shipment or
other delivery of the commodity is below the quantity stated, and no
unreasonable shortage in any package will be permitted even though
overages in other packages in the same shipment or delivery compensate
for such shortage. Variations from stated quantity of contents shall
not be unreasonably large.
Sec. 500.26 Representations of servings, uses, applications.
(a) The label of any packaged consumer commodity which bears a
representation as to the number of servings, uses, or applications of
such commodity contained in such package shall bear in immediate
conjunction therewith, and in letters the same size as those used for
such representations, a statement of the net quantity (in terms of
weight or mass, measure, or numerical count) of each such serving, use,
or application: Provided, that such statement may be expressed in terms
that differ from terms used in the required statement of net contents
(e.g., cupsful, tablespoonful, etc.), when such differing terms
describe a constant quantity. Such statement may not be misleading in
any particular.
(b) Representations as to the total amount of object or objects to
which the commodity may be applied or upon which or in which the
commodity may be used, will not be considered to be representations as
to servings, uses, or applications, if such amount is expressed in
terms of standard units of weight or mass, measure, size, or count.
(c) If there exists a voluntary product standard promulgated
pursuant to the procedures found in 15 CFR Part 10, by the Department
of Commerce, quantitatively defining the meaning of the terms
``serving,'' ``use,'' or ``application'' with respect to a particular
consumer commodity, then any label representation as to the number of
servings, uses, or applications in such packaged consumer commodity
shall correspond with such quantitative definition. (Copies of
published standards will be available upon request from the National
Institute of Standards and Technology, Department of Commerce,
Washington, DC 20899.)
Sec. 500.27 Multiunit packages.
(a) A multiunit package is a package intended for retail sale,
containing two or more individual packaged or labeled units of an
identical commodity in the same quantity. The declaration of net
quantity of contents of a multiunit package shall be expressed as
follows:
(1) The number of individual packaged or labeled units;
(2) The quantity of each individual packaged or labeled unit; and
(3) The total quantity of the multiunit package.
Examples: Soap bars: ``6 Bars, Net Wt. 3.4 ozs. (96.3 g) each,
Total Net Wt. 1 lb. 4.4 oz. (578 g)'' Facial Tissues: ``10 Packs,
each 25 two-ply tissues, 9.7 in. x 8.2 in. (24.6 x 20.8 cm), Total
250 Tissues.''
(b) The individual packages or labeled units of a multiunit
package, when intended for individual sale separate from the multiunit
package, shall be labeled in compliance with the regulations under this
part 500 applicable to that package.
(c) A multiunit package containing unlabeled individual packages
which are not intended for retail sale separate from the multiunit
package may contain, in lieu of the requirements of Paragraph (a) of
this section, a declaration of quantity of contents expressing the
total quantity of the multiunit package without regard for inner
packaging. For such multiunit packages it shall be optional to include
a statement of the number of individual packages when such a statement
is not otherwise required by the regulations.
Examples: Deodorant Cakes: ``5 Cakes, Net Wt. 4 ozs. (113 g)
each, Total Net Wt. 1.25 lb. (566 g)'' or ``5 Cakes, Total Net Wt. 1
lb. 4 ozs. (566 g)'';
Soap Packets: ``10 Packets, Net Wt. 2 ozs. (56.6 g) each, total
Net Wt 1.25 lb. (566 g)'' or ``Net Wt 1 lb. 4 ozs. (566 g)'' or ``10
Packets, Total Net Wt. 1 lb. 4 ozs. (566 g).''
Sec. 500.28 Variety packages.
(a) A variety package is a package intended for retail sale,
containing two or more individual packages or units of similar but not
identical commodities. Commodities which are generically the same but
which differ in weight or mass, measure, volume, appearance or quality
are considered similar but not identical. The declaration of net
quantity for a variety package will be expressed as follows:
(1) The number of units for each identical commodity followed by
the weight or mass, volume, or measure of that commodity: and
(2) The total quantity by weight or mass, volume, measure, and
count, as appropriate, of the variety package. The statement of total
quantity shall appear as the last item in the declaration of net
quantity and shall not be of greater prominence than other terms used.
Examples:
(i) ``2 sponges 4\1/2\ ins. x 4 ins. x \3/4\ in. (11.4 cm x
10.1 cm x 1.9 cm); 1 sponge 4\1/2\ ins. x 8 ins. x \3/4\ in.
(11.4 cm x 20.3 cm x 1.9 cm); 4 sponges 2\1/2\ ins. x 4 ins.
x \1/2\ in. (6.3 cm x 10.1 cm x 1.2 cm)
Total: 7 sponges''.
(ii) ``2 soap bars Net Wt. 3.2 ozs. (90 g) each; 1 soap bar Net
Wt. 5.0 ozs. (141 g).
Total: 3 bars Net Wt. 11.4 ozs. (323 g).''
(iii) Liquid Shoe Polish: ``1 Brown 3 fl. ozs. (88 mL); 1 Black
3 fl. ozs. (88 mL); 1 White 5 fl. ozs. (147 mL).
Total: 11 fl. ozs. (325 mL).''
(iv) Picnic Ware: ``34 spoons; 33 forks; 33 knives.
Total: 100 pieces.''
(b) When the individual units in a variety package are either
packaged or labeled and are intended for retail sale as individual
units, each unit shall be labeled in compliance with the applicable
regulations under this Part 500.
Sec. 500.29 Combination packages.
(a) A combination package is a package intended for retail sale,
containing two or more individual packages or units of dissimilar
commodities. The declaration of net quantity for a combination package
will contain an expression of weight or mass, volume, measure or count
or a combination, thereof, as appropriate for each individual package
or unit: Provided, that the quantity statements for identical packages
or units shall be combined.
Examples
(1) Lighter fluid and flints: ``2 cans--each 8 fl. ozs. (236
mL); 1 package--8 flints.''
(2) Sponges & Cleaner: ``2 sponges each 4 in. x 6 in. x 1 in.
(10.1 x 15.2 x 2.5 cm); 1 box cleaner--Net Wt. 6 ozs. (170 g)''
(3) Picnic Pack: ``20 spoons, 10 knives and 10 forks, 10 2-ply
napkins 10 ins. x 10 ins. (25.4 x 25.4 cm) 10 cups--6 fl. ozs. (177
mL)''.
(b) When the individual units in a combination package are either
packaged or labeled and are intended for retail sale as individual
units, each unit shall be in compliance with the applicable regulations
under this part 500.
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 94-767 Filed 1-11-94; 8:45 am]
BILLING CODE 6750-01-W
