§ 1459. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1459]
TITLE 15--COMMERCE AND TRADE
CHAPTER 39--FAIR PACKAGING AND LABELING PROGRAM
Sec. 1459. Definitions
For the purpose of this chapter--
(a) The term ``consumer commodity'', except as otherwise
specifically provided by this subsection, means any food, drug, device,
or cosmetic (as those terms are defined by the Federal Food, Drug, and
Cosmetic Act [21 U.S.C. 301 et seq.]), 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. Such term does not include--
(1) any meat or meat product, poultry or poultry product, or
tobacco or tobacco product;
(2) any commodity subject to packaging or labeling requirements
imposed by the Secretary of Agriculture pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.],
or the provisions of the eighth paragraph under the heading ``Bureau
of Animal Industry'' of the Act of March 4, 1913 [21 U.S.C. 151 et
seq.], commonly known as the Virus-Serum-Toxin Act;
(3) any drug subject to the provisions of section 503(b)(1) or
506 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)(1)
and 356];
(4) 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.]; or
(5) any commodity subject to the provisions of the Federal Seed
Act [7 U.S.C. 1551 et seq.].
(b) The term ``package'' means any container or wrapping in which
any consumer commodity is enclosed for use in the delivery or display of
that consumer commodity to retail purchasers, but does not include--
(1) 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;
(2) 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
(3) containers subject to the provisions of the Act of August 3,
1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), or the Act of
March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236).
(c) The term ``label'' means any written, printed, or graphic matter
affixed to any consumer commodity or affixed to or appearing upon a
package containing any consumer commodity.
(d) The term ``person'' includes any firm, corporation, or
association.
(e) 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 legislative body,
but shall not include exports to foreign countries.
(f) 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.
(Pub. L. 89-755, Sec. 10, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 90-628,
Sec. 2, Oct. 22, 1968, 82 Stat. 1320.)
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to subsec. (a),
is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is
classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Food
and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (a)(2), is act June 25, 1947, ch. 125, as amended generally
by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is classified
generally to subchapter II (Sec. 136 et seq.) of Title 7, Agriculture.
For complete classification of this Act to the Code, see Short Title
note set out under section 136 of Title 7 and Tables.
The Virus-Serum-Toxin Act, referred to in subsec. (a)(2), is the
eighth paragraph under the heading ``Bureau of Animal Industry'' of act
Mar. 4, 1913, ch. 145, 37 Stat. 832, as amended, which is classified
generally to chapter 5 (Sec. 151 et seq.) of Title 21, Food and Drugs.
For complete classification of this Act to the Code, see Short Title
note set out under section 151 of Title 21 and Tables.
The Federal Alcohol Administration Act, referred to in subsec.
(a)(4), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, as amended, which
is classified generally to chapter 8 (Sec. 201 et seq.) of Title 27,
Intoxicating Liquors. For complete classification of this Act to the
Code, see section 201 of Title 27 and Tables.
The Federal Seed Act, referred to in subsec. (a)(5), is act Aug. 9,
1939, ch. 615, 53 Stat. 1275, as amended, which is classified generally
to chapter 37 (Sec. 1551 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see section 1551 of Title 7 and
Tables.
Amendments
1968--Subsec. (b)(3). Pub. L. 90-628 struck out reference to the Act
of August 31, 1916, and the Act of May 21, 1928.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-628 effective 60 days after Oct. 22, 1968,
see section 3 of Pub. L. 90-628, set out as a note under section 251 of
this title.
