§ 1454. — Rules and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1454]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39--FAIR PACKAGING AND LABELING PROGRAM
Sec. 1454. Rules and regulations
(a) Promulgating authority
The authority to promulgate regulations under this chapter is vested
in (A) the Secretary of Health and Human Services (referred to
hereinafter as the ``Secretary'') with respect to any consumer commodity
which is a food, drug, device, or cosmetic, as each such term is defined
by section 321 of title 21; and (B) the Federal Trade Commission
(referred to hereinafter as the ``Commission'') with respect to any
other consumer commodity.
(b) Exemption of commodities from regulations
If the promulgating authority specified in this section finds that,
because of the nature, form, or quantity of a particular consumer
commodity, or for other good and sufficient reasons, full compliance
with all the requirements otherwise applicable under section 1453 of
this title is impracticable or is not necessary for the adequate
protection of consumers, the Secretary or the Commission (whichever the
case may be) shall promulgate regulations exempting such commodity from
those requirements to the extent and under such conditions as the
promulgating authority determines to be consistent with section 1451 of
this title.
(c) Scope of additional regulations
Whenever the promulgating authority determines that regulations
containing prohibitions or requirements other than those prescribed by
section 1453 of this title are necessary to prevent the deception of
consumers or to facilitate value comparisons as to any consumer
commodity, such authority shall promulgate with respect to that
commodity regulations effective to--
(1) establish and define standards for characterization of the
size of a package enclosing any consumer commodity, which may be
used to supplement the label statement of net quantity of contents
of packages containing such commodity, but this paragraph shall not
be construed as authorizing any limitation on the size, shape,
weight or mass, dimensions, or number of packages which may be used
to enclose any commodity;
(2) regulate the placement upon any package containing any
commodity, or upon any label affixed to such commodity, of any
printed matter stating or representing by implication that such
commodity is offered for retail sale at a price lower than the
ordinary and customary retail sale price or that a retail sale price
advantage is accorded to purchasers thereof by reason of the size of
that package or the quantity of its contents;
(3) require that the label on each package of a consumer
commodity (other than one which is a food within the meaning of
section 321(f) of title 21) bear (A) the common or usual name of
such consumer commodity, if any, and (B) in case such consumer
commodity consists of two or more ingredients, the common or usual
name of each such ingredient listed in order of decreasing
predominance, but nothing in this paragraph shall be deemed to
require that any trade secret be divulged; or
(4) prevent the nonfunctional-slack-fill of packages containing
consumer commodities.
For purposes of paragraph (4) of this subsection, a package shall be
deemed to be nonfunctionally slack-filled if it is filled to
substantially less than its capacity for reasons other than (A)
protection of the contents of such package or (B) the requirements of
machines used for enclosing the contents in such package.
(d) Development by manufacturers, packers, and distributors of voluntary
product standards
Whenever the Secretary of Commerce determines that there is undue
proliferation of the weights or masses, measures, or quantities in which
any consumer commodity or reasonably comparable consumer commodities are
being distributed in packages for sale at retail and such undue
proliferation impairs the reasonable ability of consumers to make value
comparisons with respect to such consumer commodity or commodities, he
shall request manufacturers, packers, and distributors of the commodity
or commodities to participate in the development of a voluntary product
standard for such commodity or commodities under the procedures for the
development of voluntary products standards established by the Secretary
pursuant to section 272 of this title. Such procedures shall provide
adequate manufacturer, packer, distributor, and consumer representation.
(e) Report and recommendations to Congress upon industry failure to
develop or abide by voluntary product standards
If (1) after one year after the date on which the Secretary of
Commerce first makes the request of manufacturers, packers, and
distributors to participate in the development of a voluntary product
standard as provided in subsection (d) of this section, he determines
that such a standard will not be published pursuant to the provisions of
such subsection (d), or (2) if such a standard is published and the
Secretary of Commerce determines that it has not been observed, he shall
promptly report such determination to the Congress with a statement of
the efforts that have been made under the voluntary standards program
and his recommendation as to whether Congress should enact legislation
providing regulatory authority to deal with the situation in question.
(Pub. L. 89-755, Sec. 5, Nov. 3, 1966, 80 Stat. 1298; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-245,
title I, Sec. 107(a)(1), (2), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102-
329, Secs. 1(1), (2), 3, Aug. 3, 1991, 106 Stat. 847, 848.)
Amendments
1992--Pub. L. 102-245, Sec. 107(a)(1), (2), (b), which directed
amendment of section, effective two years after Feb. 14, 1992, by
substituting ``weight or mass'' for ``weight'' in subsec. (c)(1) and
``weights or masses'' for ``weights'' in subsec. (d), was repealed by
Pub. L. 102-329, Sec. 3.
Subsec. (c)(1). Pub. L. 102-329, Sec. 1(1), substituted ``weight or
mass'' for ``weight''.
Subsec. (d). Pub. L. 102-329, Sec. 1(2), substituted ``weights or
masses'' for ``weights''.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant
to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of Title 20, Education.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-329 effective Feb. 14, 1994, but with such
amendment to have no effect on the sale or distribution of products
whose labels have been printed before such date, no application to unit
pricing, advertising, recipe programs, nutrition labeling, or other
general pricing information, and no construction requiring changes in
package size or affecting in any way the size of packages, see section 2
of Pub. L. 102-329, set out as a note under section 1453 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1455, 1456 of this title.
