§ 1453. — Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1453]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39--FAIR PACKAGING AND LABELING PROGRAM
Sec. 1453. Requirements of labeling; placement, form, and
contents of statement of quantity; supplemental statement of
quantity
(a) Contents of label
No person subject to the prohibition contained in section 1452 of
this title shall distribute or cause to be distributed in commerce any
packaged consumer commodity unless in conformity with regulations which
shall be established by the promulgating authority pursuant to section
1455 of this title which shall provide that--
(1) The commodity shall bear a label specifying the identity of
the commodity and the name and place of business of the
manufacturer, packer, or distributor;
(2) The net quantity of contents (in terms of weight or mass,
measure, or numerical count) shall be separately and accurately
stated in a uniform location upon the principal display panel of
that label, using the most appropriate units of both the customary
inch/pound system of measure, as provided in paragraph (3) of this
subsection, and, except as provided in paragraph (3)(A)(ii) or
paragraph (6) of this subsection, the SI metric system;
(3) The separate label statement of net quantity of contents
appearing upon or affixed to any package--
(A)(i) if on a package labeled in terms of weight, shall be
expressed in pounds, with any remainder in terms of ounces or
common or decimal fractions of the pound; or in the case of
liquid measure, in the largest whole unit (quarts, quarts and
pints, or pints, as appropriate) with any remainder in terms of
fluid ounces or common or decimal fractions of the pint or
quart;
(ii) if on a random package, may be expressed in terms of
pounds and decimal fractions of the pound carried out to not
more than three decimal places and is not required to, but may,
include a statement in terms of the SI metric system carried out
to not more than three decimal places;
(iii) if on a package labeled in terms of linear measure,
shall be expressed in terms of the largest whole unit (yards,
yards and feet, or feet, as appropriate) with any remainder in
terms of inches or common or decimal fractions of the foot or
yard;
(iv) if on a package labeled in terms of measure of area,
shall be expressed in terms of the largest whole square unit
(square yards, square yards and square feet, or square feet, as
appropriate) with any remainder in terms of square inches or
common or decimal fractions of the square foot or square yard;
(B) shall appear in conspicuous and easily legible type in
distinct contrast (by topography, layout, color, embossing, or
molding) with other matter on the package;
(C) shall contain letters or numerals in a type size which
shall be (i) established in relationship to the area of the
principal display panel of the package, and (ii) uniform for all
packages of substantially the same size; and
(D) shall be so placed that the lines of printed matter
included in that statement are generally parallel to the base on
which the package rests as it is designed to be displayed; and
(4) The label of any package of a consumer commodity which bears
a representation as to the number of servings of such commodity
contained in such package shall bear a statement of the net quantity
(in terms of weight or mass, measure, or numerical count) of each
such serving.
(5) For purposes of paragraph (3)(A)(ii) of this subsection the
term ``random package'' means a package which is one of a lot,
shipment, or delivery of packages of the same consumer commodity
with varying weights or masses, that is, packages with no fixed
weight or mass pattern.
(6) The requirement of paragraph (2) that the statement of net
quantity of contents include a statement in terms of the SI metric
system shall not apply to foods that are packaged at the retail
store level.
(b) Supplemental statements
No person subject to the prohibition contained in section 1452 of
this title shall distribute or cause to be distributed in commerce any
packaged consumer commodity if any qualifying words or phrases appear in
conjunction with the separate statement of the net quantity of contents
required by subsection (a) of this section, but nothing in this
subsection or in paragraph (2) of subsection (a) of this section shall
prohibit supplemental statements, at other places on the package,
describing in nondeceptive terms the net quantity of contents: Provided,
That such supplemental statements of net quantity of contents shall not
include any term qualifying a unit of weight or mass, measure, or count
that tends to exaggerate the amount of the commodity contained in the
package.
(Pub. L. 89-755, Sec. 4, Nov. 3, 1966, 80 Stat. 1297; Pub. L. 102-245,
title I, Sec. 107(a), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102-329,
Secs. 1, 3, Aug. 3, 1992, 106 Stat. 847, 848.)
Amendments
1992--Pub. L. 102-245, Sec. 107, which directed amendment of
section, effective two years after Feb. 14, 1992, by substituting
``weight or mass'' for ``weight'' in subsecs. (a)(2), (4), (5) and (b)
and ``weights or masses'' for ``weights'' in subsec. (a)(5), by
inserting ``, using the most appropriate units of the SI metric system
as the primary system for measuring quantity'' after ``panel of that
label'' in subsec. (a)(2), by substituting ``that also displays the
avoirdupois system of measure, and that contains'' for ``containing'' in
subsec. (a)(3)(A)(i), by inserting ``that also displays the avoirdupois
system of measure'' after ``random package'' in subsec. (a)(3)(A)(ii),
by inserting ``that also displays the avoirdupois system of measure''
after ``linear measure'' in subsec. (a)(3)(A)(iii), and by inserting
``that also displays the avoirdupois system of measure'' in subsec.
(a)(3)(A)(iv), was repealed by Pub. L. 102-329, Sec. 3.
Subsec. (a)(2). Pub. L. 102-329, Sec. 1(1), (3), substituted
``weight or mass'' for ``weight'' and inserted before semicolon at end
``, using the most appropriate units of both the customary inch/pound
system of measure, as provided in paragraph (3) of this subsection, and,
except as provided in paragraph (3)(A)(ii) or paragraph (6) of this
subsection, the SI metric system''.
Subsec. (a)(3)(A)(i). Pub. L. 102-329, Sec. 1(4)(A), substituted
``labeled in terms of weight, shall be expressed in pounds'' for
``containing less than four pounds or one gallon and labeled in terms of
weight or fluid measure, shall, unless subparagraph (ii) applies and
such statement is set forth in accordance with such subparagraph, be
expressed both in ounces (with identification as to avoirdupois or fluid
ounces) and, if applicable, in pounds for weight units''.
Subsec. (a)(3)(A)(ii). Pub. L. 102-329, Sec. 1(4)(B), (C),
substituted ``three'' for ``two'' and inserted before semicolon at end
``and is not required to, but may, include a statement in terms of the
SI metric system carried out to not more than three decimal places''.
Subsec. (a)(3)(A)(iii). Pub. L. 102-329, Sec. 1(4)(D), substituted
``in terms of'' for ``both in terms of inches and''.
Subsec. (a)(3)(A)(iv). Pub. L. 102-329, Sec. 1(4)(E), substituted
``in terms of'' for ``both in terms of square inches and''.
Subsec. (a)(4). Pub. L. 102-329, Sec. 1(1), substituted ``weight or
mass'' for ``weight''.
Subsec. (a)(5). Pub. L. 102-329, Sec. 1(1), (2), substituted
``weight or mass'' for ``weight'' and ``weights or masses'' for
``weights''.
Subsec. (a)(6). Pub. L. 102-329, Sec. 1(5), added par. (6).
Subsec. (b). Pub. L. 102-329, Sec. 1(1), substituted ``weight or
mass'' for ``weight''.
Effective Date of 1992 Amendments
Section 2 of Pub. L. 102-329 provided that: ``The amendments made by
section 1 [amending this section and section 1454 of this title] shall
take effect on February 14, 1994. The amendments made by section 1 shall
have no effect on the sale or distribution of products whose labels have
been printed before such effective date. Nothing in the amendments made
by section 1 shall apply to unit pricing, advertising, recipe programs,
nutrition labeling, or other general pricing information. Nothing in the
amendments made by section 1 shall be construed to require changes in
package size or to affect in any way the size of packages.''
Section 107(b) of Pub. L. 102-245, which provided that section 107
of Pub. L. 102-245 which amended this section and section 1454 of this
title was to take effect 2 years after Feb. 14, 1992, was repealed by
Pub. L. 102-329, Sec. 3, Aug. 3, 1992, 106 Stat. 848.
Section Referred to in Other Sections
This section is referred to in sections 1454, 1455, 1456, 1461 of
this title.
