## Excerpts from NCWM Publication 3

##  NCWM Policy, Interpretations, and Guidelines, Section 2

**Table of Contents**

**Section Page**

[**2.1.1.** **Weight(s) and/or Measure(s)**
201](#__RefHeading___Toc534602344)

[**2.1.2.** **Section 19(a), Identity**
201](#__RefHeading___Toc534602345)

[**2.1.3.** **Definition of Net Weight**
202](#__RefHeading___Toc534602346)

[**2.1.4.** **Offenses and Penalties, Sale of an Incorrect Device**
202](#__RefHeading___Toc534602347)

[**2.1.5.** **Weight: Primary Mill Paper**
202](#__RefHeading___Toc534602348)

[**2.2.1.** **Gift Packages** 203](#__RefHeading___Toc534602349)

[**2.2.2.** **Sand** 203](#__RefHeading___Toc534602350)

[**2.2.3.** **Citrus Sold by 4/5 Bushel**
203](#__RefHeading___Toc534602351)

[**2.2.5.** **Lot, Shipment, or Delivery**
204](#__RefHeading___Toc534602352)

[**2.2.6.** **Aerosols and Similar Pressurized Containers**
204](#__RefHeading___Toc534602353)

[**2.2.7.** **Aerosol Packaged Products**
205](#__RefHeading___Toc534602354)

[**2.2.8.** **Variety and Combination Packages**
206](#__RefHeading___Toc534602355)

[**2.2.9.** **Textile Products** 207](#__RefHeading___Toc534602356)

[**2.2.10.** **Yarn** 208](#__RefHeading___Toc534602357)

[**2.2.11.** **Tint Base Paint** 209](#__RefHeading___Toc534602358)

[**2.2.12.** **Reference Temperature for Refrigerated Products: When a
Product Is Required to be\
Maintained under Refrigeration** 209](#__RefHeading___Toc534602359)

[**2.2.13.** **3. Declaration of Identity: Consumer Package (UPLR) and
1.5.1. In Combination with Other Foods (UMSCR)**
209](#__RefHeading___Toc534602360)

[**2.2.14.** **Typewriter and Computer Printer Ribbons and Tapes**
221](#__RefHeading___Toc534602361)

[**2.3.1.** **Instant Concentrated Products**
221](#__RefHeading___Toc534602362)

[**2.3.2.** **Fresh Fruits and Vegetables**
222](#__RefHeading___Toc534602363)

[**2.3.3.** **Cardboard Cartons** 222](#__RefHeading___Toc534602364)

[**2.3.4.** **Catalyst Beads** 222](#__RefHeading___Toc534602365)

[**2.3.5.** **Incense** 224](#__RefHeading___Toc534602366)

[**2.3.6.** **Sea Shells** 224](#__RefHeading___Toc534602367)

[**2.3.7.** **Tire Tread Rubber Products**
224](#__RefHeading___Toc534602368)

[**2.3.8.** **Wiper Blades** 224](#__RefHeading___Toc534602369)

[**2.3.9.** **Fireplace Logs** 224](#__RefHeading___Toc534602370)

[**2.3.11.** **Packaged Foods or Cosmetics Sold from Vending**
225](#__RefHeading___Toc534602371)

[**2.3.12.** **Movie Films, Tapes, Cassettes**
225](#__RefHeading___Toc534602372)

[**2.3.13.** **Vegetable Oil** 225](#__RefHeading___Toc534602373)

[**2.3.15.** **Bulk Sales** 225](#__RefHeading___Toc534602374)

[**2.3.16.** **Animal Bedding** 227](#__RefHeading___Toc534602375)

[**2.5.6.** **Guidelines for NCWM Resolution of Requests for Recognition
of Moisture Loss in Other\
Packaged Products** 227](#__RefHeading___Toc534602376)

[**2.6.2.** **Price Posting** 230](#__RefHeading___Toc534602377)

[**2.6.3.** **Octane Posting Regulations**
231](#__RefHeading___Toc534602378)

[**2.6.4.** **Multi-Tier Pricing: Motor Fuel Deliveries (Computing Pumps
or Dispensers)** 232](#__RefHeading___Toc534602379)

[**2.6.5.** **Cereal Grains and Oil Seeds**
233](#__RefHeading___Toc534602380)

[**2.6.6.** **Basic Engine Fuels, Petroleum Products, and Lubricants
Laboratory** 234](#__RefHeading___Toc534602381)

[**2.6.7.** **Product Conformance Statements**
242](#__RefHeading___Toc534602382)

[**2.6.8.** **Commodities Under Federal Trade Commission Jurisdiction
under the Fair Packaging and Labeling Act and Exclusions**
242](#__RefHeading___Toc534602383)

[**2.6.9.** **Size Descriptors for Raw, Shell-On Shrimp Products**
247](#__RefHeading___Toc534602384)

[**2.6.10.** **Model Guidelines for the Administrative Review Process**
247](#__RefHeading___Toc534602385)

[**2.6.11.** **Good Quantity Control Practices**
250](#__RefHeading___Toc534602386)

[**2.6.12.** **Point-of-Pack Inspection Guidelines**
250](#__RefHeading___Toc534602387)

[**2.6.13.** **Guideline for Verifying the Labeled Basis Weight of
Communication and Other Paper**](#__RefHeading___Toc534602388) **257**

[**2.6.14.** **Labeling Guidelines for Chamois.**
256](#__RefHeading___Toc534602389)

[**2.6.15.** **Labeling Guidelines for Natural and Synthetic Sponges.**
259](#__RefHeading___Toc534602390)

[2.6.16. Minimum Fuel Flush for Octane Verification.
264](#__RefHeading___Toc534602391)

### Interpretations and Guidelines

**Note:** This section of the Handbook includes NCWM interpretations,
policies, recommendations, inspection outlines, and information on
issues that have come before the Conference. Several sections include
information on Federal requirements related to the uniform laws and
regulations presented in the Handbook. The purpose of this section is to
assist users in understanding and applying the uniform regulations and
to guide administrators in implementing new programs or procedures. The
guidelines or recommendations provided should not be construed to
redefine any State or local law or limit any jurisdiction from enforcing
any law, regulation, or procedure (unless the section describes a
specific Federal regulation that preempts local requirements).

(Added 1997)

**2.1.1. Weight(s) and/or Measure(s)** []{#__RefHeading___Toc534602344
.anchor}

(L&R, 1985, p. 77)

The measuring elements of a point-of-sale system are \"weights and/or
measures.\" Errors in pricing when found in point-of-sale systems come
under \"Misrepresen­tation of Pricing\" in the weights and measures law
and are under the jurisdiction of weights and measures.

**Background**

A recommendation was made to change the definition of \"weights and
measures\" in the Uniform Weights and Measures Law to specifically
define a scanner or point-of-sale system as under weights and measures
jurisdic­tion.

Several State representatives said that they had enforce­ment problems
when a scanner or point-of-sale system was being used and when the price
marked on an item (or on the shelf) was not the same as the price
printed on the receipt. These officials believe that unless the law
specifically defines these devices as \"weights and measures,\" they
have no jurisdic­tion over the devices\' func­tion.

The Committee disagreed. The NCWM Uniform Weights and Measures Law has a
section that for­bids the practice of a dif­ferent price on the retail
shelf as compared with the price provided by a scanner. Section 15 of
the Uniform Weights and Measures Law reads:

> No person shall misrepre­sent the price of any commodi­ty or service
> sold, offered, exposed, or advertised for sale by weight, measure, or
> count, nor represent the price in any manner calcu­lated or tending to
> mislead or in any way deceive a person.

This section (plus § 14 forbidding mis­representa­tion of quantity), if
enacted by a Stat­e, already provides enforce­ment authority over scanners
and point-of-sale sys­tems.

In addition, the Committee does not want to set a precedent by listing
by name the types of devices that might be considered weights and
measures devices. This might provide a potential \"loop-hole\" for those
devices not specifically listed. Finally, the Committee members pointed
out that it is the human element (the person reading in data or
receiv­ing price updates) that introduces the discrepancies in shelf and
receipt prices rather than any inherent incapability of the reading
device or scanner. Therefore, it is much more effective to forbid the
practice of mispricing rather than focus on a single device or appa­ratus
as the means for obtaining com­pliance.

**2.1.2. Section 19(a), Identity** []{#__RefHeading___Toc534602345
.anchor}

(L&R Committee, 1986, p. 143)

Packaged food not containing meat or poultry does not have to have an
identity statement if the identity of the commodity can easily be
identified through the wrapper or container.

**Background**

Virginia Weights and Measures recommended revision to § 19(a) of the
Uniform Weights and Measures Law (UWML) to eliminate the exemption of an
identity statement from packages when the item \"can easily be
identified through the wrapper or container.\" The Committee is of the
opinion that there is merit in retaining the language in § 19(a) of the
Uniform Law. Packages of fresh product packaged in a retail
establishment are considered to be packages as long as a price is
attached. If the exemption were eliminated, such packages instead of
being marked, for example, \"12/89 cents\" would have to be marked
\"[lemons]{.underline}, 12/89 cents.\" It was argued that there could be
a problem in deciding whether or not a commodity could \"easily be
identified (such as might occur in an ethnic specialty grocery or with
an exotic produce item). In researching the issue, the Committee has
determined that Title 21, § 101.100(b)(3) of the Code of Federal
Regula­tions specifically exempts the food identity statement from having
to appear \". . . if the common or usual name of the food is clearly
revealed by its appear­ance.\" Since no specific problems of enforcement
were brought to the attention of the Committee concerning this issue,
the Committee recommends no change to § 19(a) at this time. However, the
Committee recommends that § 3.1. and 4. of the Uniform Packaging and
Labeling Regulation be noted as follows:

Section 19(a) of the Uniform Weights and Measures Law, and 21 CFR
101.100(b)­(3) for non-meat and non-poultry foods, specifically exempt
packag­es from identity statements if the identity of the commodity \"can
easily be identi­fied through the wrapper or container.\"

**2.1.3. Definition of Net Weight** []{#__RefHeading___Toc534602346
.anchor}

(L&R, 1987, p. 123)

> 1\. It is the intent of this defini­tion to include truck-loads of
> com­modities, not just packages (\"con­tainers\").

2\. It is not the intent to define the net weight of packaged goods as
requiring dry tare (\". . . excluding . . . substance(s) not considered
to be part of the com­modity\" could just as well be interpreted as
excluding liquids not considered part of the commodity at the time of
sale).

> 3\. It is also the intent to permit more specific definitions as the
> occasion warrants (\". . . material(s) . . . not considered . . . part
> of the commodity\" might include dirt or \"foreign material\" in a
> commodity).

**2.1.4. Offenses and Penalties, Sale of an Incorrect Device**
[]{#__RefHeading___Toc534602347 .anchor}

(L&R, 1987, p. 124)

A juris­diction seek­ing to enforce the provision of the Uniform Weights
and Measures Law that prohibits the sale of an incorrect device would
have to show that the seller knowingly sold or offered for sale for use
in commerce an incorrect weight or measure. Under § 22, a seller would
not be responsible for actions taken by the purchaser or dis­tributor, in
which the seller did not participate or have prior knowledge. Thus, the
seller would not be liable:

> \(1\) if a purchaser or distributor modified a scale obtained from a
> seller; or

\(2\) if a scale were used in trade after the seller informed the
purchaser that the scale was not appropriate for that use.

In cases such as those noted above, the Committee feels that the seller
would be pro­tected from prosecution. Only sellers who knowingly violate
the provision would be subject to prosecu­tion.

**2.1.5. Weight: Primary Mill Paper** []{#__RefHeading___Toc534602348
.anchor}

(L&R, 1990, p. 81)

**Interpretation**

Nonconsumer sales of \"primary mill paper\" were discovered by weights
and measures officials to be labeled and invoiced on what was called a
\"gross weight\" basis. Primary mill paper is produced for commercial or
industrial companies for subsequent additional processing, such as paper
for newspaper or magazine publishers or sanitary tissue manufacturers.
The primary mill paper is cut from \"parent rolls\" but is still a
commercial-sized item weighing from several hundred to several thousands
of pounds.

The key to understanding the longstanding trade practice is that the
purchaser of such paper specifies not only the quality of the paper
being purchased, such as the thickness, surface coating, etc., but [the
purchaser]{.underline} also specifies the core around which the paper is
to be wound, the type of overwrap, the number of overwraps, and such
other requirements that will ensure receipt of the primary mill paper in
proper condition for subsequent processing. The weight of the core and
wrapping is approximately 1 % of the gross weight. It is recycled by the
purchasers in their own or other paper recovery or reuse systems.

Having reviewed the practices in the industry in the specification and
purchasing of primary mill paper, the Committee concludes that the true
product is the paper plus the packaging (in order to assure maintenance
of quality) and an appropriate core (to ensure a fit on the recipient\'s
equipment). Therefore, in the Committee\'s opinion, the sale of primary
mill paper is not at all on a gross weight basis. This is and has been a
misnomer. The true identity of the purchased product has been
misunderstood by weights and measures authorities, further compounded by
the industry use of the term \"gross weight.\" The product is the
primary mill paper [plus]{.underline} the core and overwrap specified by
the purchaser.

The Committee, therefore, believes that the industry should review its
invoicing and labeling to clarify that the weight of the specified
product is the weight of the primary mill paper, core, and overwrap.
Although this weight is the gross weight of the entire item as produced
and shipped, it is the net weight of the item as specified by the
purchaser.

This interpretation applies only to primary mill paper and is not
intended to be applied to all nonconsumer products ordered by
specification; it is a narrow interpretation applying to the specific
method of sale in this trade where the service of packaging and the
packaging is part of the purchase.

**2.2.1. Gift Packages** []{#__RefHeading___Toc534602349 .anchor}

(Resol. 1975, p. 237)

See also Interpretation 2.2.8.

**Interpretation**

Seasonal gift packages are often put up in retail stores in baskets and
other decorative containers using cellophane or other clear flexible
wrap to enclose a number of similar or dissimilar prepack­aged items (for
example: cheese, jellies, sausages, wine, fruit, etc.).  The resulting
combination or variety package must have a legally conform­ing label
including the net contents statement.

**2.2.2. Sand** []{#__RefHeading___Toc534602350 .anchor}

(L&R, 1978, p. 151)

**Interpretation**

Sand put up in permanent wooden bins is a consumer package and must be
labeled with all mandatory informa­tion as required by the Uniform
Packaging and Labeling Regulation.

**Background**

The State of Hawaii raised the issue of the sale of sand in permanent
wooden bins and sold by price per cubic measure.  The Committee agrees
with Hawaii that the sale of sand in this manner is subject to the
Uniform Packaging and Labeling Regulation, under the definition of
\"Consum­er Package\" (§ 2.2. of the Uniform Packaging and Labeling
Regulation) and that no further action is needed.

**2.2.3. Citrus Sold by 4/5 Bushel** []{#__RefHeading___Toc534602351
.anchor}

(L&R, 1974, p. 220)

**Interpretation**

The trade practice of crating citrus fruit in 4/5 bushel units is a
long-stand­ing one.  It is not intended to be a consumer package.  If
offered as a consumer package, the general consumer usage and trade
custom in the particular State would have to be explored:

Section 6.10.(b)(1) of the Uniform Packaging and Labeling Regulation
would permit a declaration employing different fractions in the net
quantity declaration other than those permitted under § 6.10.(b) if
there exists a firmly established practice of using 4/5 bushel in
consumer sales and trade custom.

**Background**

It has been called to the attention of the Committee that certain
com­modities are being sold to consumers in \"unacceptable\" fractional
units of dry measure in violation of § 6.10. of the Uniform Packaging
and Labeling Regulation. Specifically, the Committee has been asked for
an interpretation as to whether the packaging of oranges in a 4/5
bushel, which is later sold unweighed to a consumer, is a violation of
the binary submultiple principle as implied in § 6.10.(b). Some
Committee members asserted that a clear exception exists under
§ 6.10.(b)(1) which applies to this long established tradition of
crating citrus fruit in 4/5 of a bushel. Approximately 85 % of this
fruit is sold by this trade practice.  Additionally, it was asserted
that the packager never intended the 4/5 bushel to be a consumer
package, but if the 4/5 bushel of citrus fruit is sold to consumers,
this would be a matter between the appropriate State or local official
and the retailer.

The consensus of the Committee is that this action of the packagers is
not in violation of the indicated section.

**2.2.5. Lot, Shipment, or Delivery** []{#__RefHeading___Toc534602352
.anchor}

(L&R, 1981, p. 95)

**Policy**

The requirements for the average package net contents to meet or exceed
the labeled declaration may be applied to production lots, shipments, or
deliveries.  Shipments or deliveries are smaller collections of packages
than production lots that may or may not consist of mixed lot codes.

Emphasis in inspection activities should be placed on warehouse and
in‑plant testing without neglecting retail consumer protection.

**Background**

The Committee heard a petition from the California Brewers Association
to define a lot as:

\"a selection of containers under one roof produced by a single company
of the same size, type and style, manufactured or packed under similar
conditions with a minimum number to be equivalent to one production line
shift.\"

The intention of the petition is to focus Weights and Measures
enforcement on production lots as opposed to small collections of
packages on retail shelves, because the production lot is under the
control of the packager.

An alternative proposal was made that would require mingling of lot and
date codes in package inspection at warehouse locations.

The Committee has reviewed the proposals in light of § 7.6. and § 12.1.
of the Uniform Packaging and Labeling Regulation which refers to
\"shipment, delivery, or lot.\" If the petition is approved, the terms
\"ship­ment\" and \"delivery\" would have to be dropped from this Uniform
Regulation.

The Committee recognizes the inherent value of in‑plant and warehouse
inspection and is of the opinion that, wherever possible, such
inspections should be carried out.  At the same time, the Committee
recognizes the need for the State and local weights and measures
officials to protect the consumer at the level where the ultimate sale
is made.  Therefore, the Committee recommends no change to the Uniform
Regulation.

The Committee looks forward to the work of the Special Study Group on
Enfor­cement Uniformity of the NCWM which will be exploring the
mecha­nisms that might be instituted to make in‑plant inspection
workable.

**2.2.6. Aerosols and Similar Pressurized Containers**
[]{#__RefHeading___Toc534602353 .anchor}

(L&R, 1976, p. 248)

See also Guideline 2.2.7.

**Interpretation**

It is the opinion of the NCWM that an FDA opinion as expressed in the
Fair Pack­aging and Labeling Act Manual Guide FDA 7563.7, not objecting
to volume declara­tions on aerosol products, does not supersede or
preempt State requirements that aerosols be labeled by net weight.

**Background**

The Department of Commerce through the Office of Weights and Measures of
the National Institute of Standards and Technology, under its statutory
responsibility for \"coopera­tion with the States in securing uniformity
in weights and measures laws and methods of inspection,\" developed
§ 10.3.:

> **10.3. Aerosols and Similar Pressur­ized Contain­ers. ‑** The
> declaration of quantity on an aerosol package and on a similar
> pres­surized package shall disclose the net quantity of the commodity
> (including propellant), in terms of weight, that will be expelled when
> the instructions for use as shown on the container are followed.

Several States, which are among the 32 that have adopted the Uniform
Packaging and Labeling Regula­tion, indicated that pressurized cans were
currently being marked by volume rather than by weight as required
above. Industry representatives indicated that according to the Food and
Drug Administration (FDA), they are permitted to mark this type of
container by volume and that for competi­tive purposes they will continue
to do so.  The NCWM was asked to contact FDA and inform them that a
declaration of volume on pressurized containers is not acceptable to the
States since it cannot be verified.­

A meeting was requested to express NIST/NCWM\'s concern over the FDA
position on quantity of contents declarations on aerosols, which is
found in the Fair Packaging and Labeling Act (FPLA) Manual Guide FDA
7563.7.  This Guide states that in the past FDA has not objected to the
use of units of volume to declare the net contents of aerosol
preparations that would be liquid if not combined with the propellant
and a net weight statement in avoirdupois units for products that would
be solids if not combined with a propellant. FDA was asked to modify its
position to provide that existing State regulations (concerning aerosol
quantity of contents declara­tions) are not superseded by FDA
Guidelines.  FDA officials stated that FDA would consider the request,
but it did not appear at the time of the Interim Meetings that FDA would
make any statement to modify its position without following its
administra­tive procedures and permitting interested parties to exhaust
every element of due process.

One industry representative stated that there has been a good deal of
concern that fluorocar­bon propellants may in the long run cause the
partial destruction of the ozone layer in the upper atmosphere
surrounding the earth, and that the diminution of the ozone layer would
have adverse effects on human health.  Therefore, they have converted to
new formula­tions which eliminate fluorocarbon propellants.  As a result
of this conver­sion to a nonfluoro­carbon propellant system, which uses a
propellant with a much lower density than that of the usual fluorocarbon
propellants, continued use of a weight measure would be highly
misleading to the consumer. Therefore, some spray labels have been
changed so as to denote the contents in terms of fluid measure, rather
than in terms of weight measure.

The industry representative stated that if manufacturers were to be
required to use weight measure, consumers would be deceived into buying
products, such as hair spray, with large amounts of fluorocarbon that
vaporizes before it reaches the hair. Consumers prefer products with a
large amount of base. Industry further indicated that they wanted to
avoid a confrontation with the States over this issue and believe that
the matter can readily be resolved without the need for litigation. 
Although the use of fluid measure on the principal panel will give
consumers the most helpful information at the point of purchase, the
industry would have no objection to putting the net weight on the back
of the label.

The Committee wants to commend FDA for their interest in this matter and
the manufac­turers who seek to improve their product and its labeling
information.  The Committee is also encouraged to work with all
interested parties to resolve this issue.  However, the Committee does
not believe that mere guidelines can preempt a Uniform Regulation
developed under the technical authority of the Federal agency delegated
by Congress and adopted by the States through its representatives, no
matter how broad the­ preemptive clause of an act might be. 
Additional­ly, the Committee cannot support open and notorious violations
of State regulations where those violations occurred prior to bringing
the issue before the Conference. Therefore, the Committee believes that
NCWM should support a firm stand by the States that their regulations
must be respected.

**2.2.7. Aerosol Packaged Products** []{#__RefHeading___Toc534602354
.anchor}

(Liaison, 1979, p. 239)

See also Guideline 2.2.6.

**Policy**

The NCWM recommends all aerosol packages be labeled by net weight. FDA
permits volume declara­tions.  The NCWM has requested FDA to change its
regula­tions and revise its interpreta­tion of these regula­tions.

**Substance of Petition**

The NCWM petitions the FDA to make the necessary changes to their
regulations and interpretation of 21 CFR 101.105(g) as appearing in the
FDA Fair Packaging and Labeling Manual Guide, 7563.7 pertaining to the
quantity of contents declaration on aerosol packaged products.  It is
requested that the net quantity statement on aerosol packaged products
or similar pressurized packages be made in terms of net weight only. 
The reasons for recommend­ing such changes are as follows:

1\. Net quantity labeling of aerosol packaged products in terms of net
weight is a firmly established trade practice for such products.

> 2\. Net quantity labeling of aerosol packaged products in terms of
> volume is difficult (if not impossible) to verify with consum­er
> verification methods or by convention­al package inspection methods.
> State or local enforcement action is discour­aged by such labeling.
>
> 3\. Since the labeling of aerosol packaged products by volume cannot
> be com­pared with the labeling of such prod­ucts in terms of net weight,
> labeling in terms of volume and weight inhibits value comparisons and
> causes consum­er confusion with respect to the quantity of product the
> consumer is buying and can be a form of deceptive labeling.­
>
> 4\. Uniformity between all State and Federal regulations is highly
> desirable for both enforcement and fair competition in the
> market­place.  The Uniform Packaging and Labeling Regulation and the
> Federal Trade Commis­sion and Environmental Protection Agency
> Regula­tions require net quantity labeling of aerosol packaged products
> in terms of net weight.

**2.2.8. Variety and Combination Packages**
[]{#__RefHeading___Toc534602355 .anchor}

(L&R, 1982, p. 149)

See also Guideline 2.2.1.

**Interpretation**

> \(a\) Seasonal gift packages are \"variety packages\" within the
> meaning of the Uniform Packaging and Labeling Regulation if they
> contain \"reason­ably similar commodi­ties\" (such as various fruits).
> They are \"combina­tion packag­es\" if they contain \"dissimilar
> commodities\" (such as wine, fresh fruit, and jellies). Variety
> package labels must declare the total quantity in the package.
> Combination package labels must declare a quantity declaration for
> each portion of dissimilar commodities.
>
> \(b\) The example provided with § 10.6., Variety Packages, of the
> Uniform Packaging and Labeling Regulation, shows a total quantity
> declaration and individual declaration for each type of commodity. The
> individual declaration is not required but is encouraged.

**Background**

The Committee reviewed § 10.5 and § 10.6 of the Model Packaging and
Labeling Regulation in order to determine the need for further
clarification. Several questions have arisen over the years with respect
to:

> \(1\) What are the net contents labeling require­ments for seasonal
> gift packages composed of varying types of commodities or goods all
> combined into one package?
>
> \(2\) Is the example provided in § 10.6. entirely in keeping with the
> declaration require­ments? (This section requires that total net
> contents be declared, but the example shows both total and individual
> net contents.)

The Committee believes that there is no need to modify these sections,
but the discus­sions below may serve as guidance to enforcement officials
and packagers on these sections.

Concerning labeling requirements for seasonal gift packages, it must
first be determined what the individual units comprising each package
are. The following examples are possibilities:

> \(a\) individual packages of sausage, individual packages of cheese;
>
> \(b\) several kinds of fruit of different weights;
>
> \(c\) several kinds of fruit, bottle of wine, several packages of
> cheese.

Examples (a) and (c) above are combination packages and should be
labeled with net quantities of each unit or type of unit. It is possible
to combine fruit net weight (or count if appropriate) as one
declaration, cheese net weight as a second declaration, etc.

Example (b) above is a variety package and must be labeled with the
total net weight or count (as appropri­ate) of fruit in the package. It
is also reasonable for packagers to include, for full consumer
information, a declaration of the individual net contents of each type
of package or item in the gift package although this latter declaration
is not required (e.g., 1 lb bananas, 3 pears, etc.). This is also the
key to the second question asked above concerning the example provided
in § 10.6.; that is, although a declaration of individual item net
contents is not required, packagers are encouraged to provide additional
information wherever useful to the consumer.

**2.2.9. Textile Products** []{#__RefHeading___Toc534602356 .anchor}

(L&R, 1977, p. 215)

**Interpretation**

> \(a\) When a range of widths (e.g., 58/60) appears on the label of
> bolts or rolls for yard goods, enforce­ment action should be taken
> whenever the action width falls below the lesser of the two widths
> given as the range (in the example above, when the fabric width is
> less than 58 in).
>
> \(b\) Section 10.9.3. Textiles: Variations from Declared Dimensions of
> the Uniform Packaging and Labeling Regulation is not to be interpreted
> as providing tolerances. The average requirement must be met. The
> average quantity of contents of a lot, ship­ment, or delivery must
> equal or exceed the declared dimensions. Dimensions of individu­al
> packages of textiles may vary as much as § 10.9.3. permits, but the
> average requirement must still be met.

## Background

The State of California and the American Textile Manufacturers Institute
asked the NCWM Laws and Regulations Committee and the National Institute
of Standards and Technology to assist in the resolution of two
textile-product issues. In the first issue California asks for help in
correcting a short measure condition, apparently a nationwide problem,
which has been found in the packaging and labeling of textile yard goods
put up on bolts or rolls.

The problem is outlined as follows:

> 1\. Approximate width measurements are being used by some
> manufacturers in their label declarations. For example, \"58/60 inch\"
> width.
>
> 2\. Label declarations are false and misleading in that actual amounts
> are less than the quantity represented on thelabel.
>
> 3**.** Section 10.9.3. of the Uniform Packaging and Labeling
> Regulation is extremely vague as to its intent and true meaning. Are
> the substantial variations (3 % and 6 %); (6 % and 12 %) permitted as
> product tolerances, or are they maxi­mum unreasonable minus and plus
> errors to be allowed when sampling the product for quantity when using
> Handbook 67.

California favors the repeal or clarification of § 10.9.3. and suggests
amending § 10.9.2.(k) to read:

The quantity statement for packages of textile yard goods packaged on
the bolt or roll for either wholesale or retail shall state its net
measure in terms of yards for the length and width of the item, or its
net weight in terms of avoirdupois pounds or ounces, or in terms of
their metric equivalent.

During the Interim Meetings, a representative of the American Textile
Manufacturers Institute (ATMI) informed committee members that the
proposal to identify the width of yard goods with a single measure­ment
(as opposed to a range) would be given serious consideration by their
members, after which a recom­menda­tion will be finalized and submitted to
the Laws and Regulations Committee.

After the Interim Meetings, the National Home Sewing Association said
that if a single width declaration is required, the following could
result:

> \(a\) No change in manufacturing process would be effectuated; only
> the size declaration on bolts would be changed.
>
> \(b\) Short measure problems could be created because consumers would
> look for the fabric to be exactly the stated width. Because the
> manufacturing processes were not changed, the width is actually the
> same as it was with the range declara­tion.
>
> \(c\) Increased cost to manufacturers would result. One loom is used
> for many different fibers now; a single width declaration could create
> a need for many looms for each of the different fibers, thereby
> imposing \"pass-along\" costs to consumers.
>
> \(d\) Consumer deception would be fostered in that a single
> declaration implies actual measure­ment.

California officials state that roll or bolt fabric should be labeled
accurately with a single declara­tion. Additionally, they believe that
industry does have enough shrinkage data on fibers used in the
manufacturing processes, and thus could provide accurate measurement
declaration on finished fabrics or materials.

The Committee believes that accurate quantity information should be
provided on consumer products; however, no labeling changes should be
required until patterns and yard goods are marketed in metric units. At
that time, all measures shall be singularly stated (eliminating dual
numbers) and, until that time, any products where size declaration is a
range and found to be less than the smaller of the range declaration
shall be subject to enforcement action. For example, a product marked
\"58-60 in\" and found to be less than 58 inches should be considered to
be in violation of weights and measures laws and/or regulations.

Additionally, the Committee affirms that the intent of the Variations
from Declared Dimensions permitted in § 10.9.3. in no way eliminates the
requirement that quantity declarations for textiles must, on the
average, not be less than declared declarations.

**2.2.10. Yarn** []{#__RefHeading___Toc534602357 .anchor}

(L&R, 1983, p. 153)

**Interpretation**

The appropriate net contents declaration for yarn is weight.

**Background**

A consumer has requested that the net quantity statement for yarn be
changed from weight to length.  The proposal is based on the consumers\'
use of the product, darker colors often weigh more per unit of length. 
Therefore, they found that a lighter color yarn will \"go farther\" in
craft applications than a darker yarn; consumers indicate that is
difficult to predict how much yarn of varying colors to purchase based
on a weight declaration.  The Committee is sympathetic to the request
but must support existing labeling requirements for several reasons.

Yarn is by nature extremely stretchy; in order to label yarn by length,
a specified tension would have to be applied in order to make any
repeatable length measure­ment.  Such a tension would have to be agreed
upon by all the yarn manufacturers, and they would have to apply to
compliance testing of product by weights and measures officials.  Even
if this tension \"standard\" were negotiated and decided upon, it would
have little real meaning in use by needlecrafters, knitters, and
others.  The tension applied to yarn in use varies from user to user and
from applica­tion to application; therefore, the length also varies.  Not
only does dyeing yarn change the weight, dyeing also changes the length
of yarn.  For these reasons, industry representa­tives also support the
requirements as they presently are written in the Uniform Packaging and
Labeling Regulation.

The Committee recognizes the difficulty of working with this product and
suggests that users of yarn consider buying an excess of the yarn over
what is expected to be used in any application. The consumers should
find out before purchase if, after finishing the product, they can
return the unopened skeins to the retailers from whom the skeins were
purchased.

**2.2.11.Tint Base Paint** []{#__RefHeading___Toc534602358 .anchor}

(L&R, 1986, p. 146)

Section 11.23. of the Uniform Packaging and Labeling Regulation
currently permits tint base paints (paints to which colorant must be
added prior to sale) to be labeled in terms of the volume (a quart or
gallon) that will be delivered to the purchaser after addition of the
colorant [only]{.underline} if three conditions are met:

> 1\. \"the system employed ensures that the purchaser always obtains a
> quart or a gallon,\"
>
> 2\. \"a statement indicating that the tint base paint is not to be
> sold without the addition of colorant is presented on the principal
> display panel,\" and
>
> 3\. \"the contents of the container, before the addition of colorant,
> is stated in fluid ounces elsewhere on the label.\"

**2.2.12. Reference Temperature for Refrigerated Products: When a
Product Is Required**

**to be Maintained under Refrigeration** []{#__RefHeading___Toc534602359
.anchor}

(L&R, 1990, p. 86)

**Background**

Section 6.5.(b) was revised to clarify that the reference temperature of
4.4 C (40 F) applies only to products that must be refrigerated to
maintain product quality, rather than to items, such as carbonated soft
drinks, that are refrigerated for the purchaser\'s convenience.

**Guideline**

The Committee also discussed how an inspector could decide whether a
product under refrigera­tion is required to be maintained under
refrigeration. The following guidelines are provided:

> 1\. The traditional food items that normally require refrigeration and
> are found in refrigerated cases will not ordinarily have any statement
> about requiring refrigeration. These items include milk, orange juice,
> and similar products. They may be tested at any temperature at, above
> or below their reference temperature of 40 ^o^F (4 ^o^C) because such
> products are at their maximum density at their reference temperature,
> and the volume of such products will always increase at higher or
> lower tempera­tures. Thus any errors made by not measuring at the exact
> reference temperature will be in the favor of the packer.
>
> 2\. Food items that normally require refrigeration, but which are
> processed so as not to require refrigeration prior to opening, will
> have \"refrigerate after opening\" or similar wording on the label.
> Such items as milk and orange juice can be found in this category as
> well as in the \"refrigeration required\" category. The two categories
> can be distin­guished by the \"refrigerate after opening\" statement,
> which calls for testing at or above their reference temperature of 68
> F (20 C).
>
> 3\. Food items that are not expected to require refrigera­tion, but
> which may be refrigerated for the convenience of the consumer (such as
> carbonated beverages), are to be tested at temperatures of 68 F (20 C)
> or above even when found refrigerated for the convenience of the
> consumer.

**2.2.13. 3. Declaration of Identity: Consumer Package (UPLR) and 1.5.1.
In Combination**

**with Other Foods (UMSCR)** []{#__RefHeading___Toc534602360 .anchor}

(L&R, 1990, p. 93)

**Background**

Many food products are made by the retail store and labeled with names
that may or may not have standards of identity or standards of
composition in Federal regulation or policy (for example, \"chicken
cordon bleu\"). Weights and measures officials need to know which names
have standards of identity that must be followed in formulating the
product and, therefore, in providing the ingredient statement.

# Meat and Poultry Products

**A Consumer Guide to Content and Labeling Require­ments**

**(Home and Garden Bulletin No. 236)**

**Food Standards**

The U.S. Department of Agriculture\'s Food Safety and Inspection Service
(FSIS) and the U.S. Department of Health and Human Services\' Food and
Drug Administra­tion (FDA) share the responsibility of assuring truthful
and accurate information on product labels. FSIS has authority over all
products containing more than 3 % fresh meat or at least 2 % cooked
poultry meat. FDA oversees the labeling of most other food products.

Both agencies use a system of \"food standards.\" These standards set
requirements on the kinds and amounts of ingredients used in the
manufacture of processed foods. Basically, these standards assure
consumers that, if a product goes by a particular name, it will have
certain characteristics.

**USDA Standards of Identity and Composition**

Almost all standards enforced by FSIS are called \"standards of
composition.\" These standards identify the minimum amount of meat or
poultry required in a product\'s recipe. For example, the standard of
composition for \"chicken a la king\" states that, if a product carries
this name on its label, at least 20 % cooked poultry meat must be used
in the recipe.

But standards of composition do not prevent a manufacturer from
increasing the meat or poultry content or adding other ingredients to
increase a product\'s appeal. For instance, a processor has the option
of using more than the required amount of chicken in chicken a la king
and adding other ingredients to make the product unique.

\"Standards of identity,\" on the other hand, set specific requirements
for a food\'s makeup: the kind and minimum amount of meat or poultry;
maximum amount of fat or moisture; and any other ingredients allowed.
Corned beef hash and chopped ham are two FSIS-regulated products that
have standards of identity.

**Label Approval**

Before a product may be marketed, its label must be examined and
approved by FSIS staff specialists. Food manufacturers submit over 100
000 labels a year for agency review. Label approval applications must
include the product name, formula, method of preparation, type of
container, and how the label is to be used.

A number of labeling regulations apply across-the-board to all meat and
poultry products. These include: appropriate product name; ingredients,
listed from most to least, by weight in the product recipe; net quantity
of the package contents; name and address of the manufactur­er, packer,
or distributor; the USDA mark of inspection; and any special care or
handling instructions, such as \"keep refrigerated.\" In addition, label
photographs or artwork depicting a product must not be misleading.

To assure consumers that the names of meat and poultry products
accurately reflect the contents of these products, label reviewers
evaluate product formulas and methods of preparation by comparing them
with official standards in the meat and poultry inspection regulations.
Because unpublished standards are used to evaluate some products, FSIS
labeling policies also provide guidance.

Sometimes, no standard exists for a certain product. In these cases, a
manufacturer can either give the product a \"descriptive\" name, such as
\"Chopped and Formed Cured Pork Product,\" or use a \"fanciful\" name
accompanied by a descriptive name-\"Breakfast Strips: Chopped and Formed
Cured Pork Product.\" A manufacturer may also submit a proposal to FSIS
requesting a standard for the product.

**Why You Should Know About Content and Labeling Requirements**

Although Federal labeling laws and regulations are established to
protect the public, consumers are sometimes unaware of how to use the
information on product labels. FSIS content and labeling requirements
provide a simple means by which consumers can learn what to expect from
a product if it is labeled with a particular name.

If you know that product names are required to truthfully reflect
product content, much can be learned just by noting the order in which
major ingredients appear. For example, the name \"Beef with Gravy\"
tells you that there is more beef in that product than in one called
\"Gravy with Beef.\"

This guide includes listings for over 250 popular meat and poultry
products from baby food to won ton soup.

For your convenience, the list of meat and poultry product content and
labeling requirements is divided into two sections: \"Meat Products\"
and \"Poultry Products.\" Some product definitions include terms that
are further defined elsewhere in the guide. For example, the
\"meatballs\" in \"spaghetti and meatballs\" (page) is defined on page.
The term \"byproducts\" is explained on page 190 in the Definitions
section.

# Meat Products

All percentages of meat are on the basis of fresh uncooked weight unless
otherwise indicated. Keep in mind the meat may shrink in weight after
cooking because fat and water cook away.

**Baby Food**

High Meat Dinner \-- At least 26 % meat.

Meat and Broth \-- At least 61 % meat.

Vegetable with Meat \-- At least 8 % meat.

**Bacon** (Cooked) \-- Weight of cooked bacon is 40 % of uncooked,
cured, smoked bacon.

**Bacon and Tomato Spread -**- At least 20 % cooked bacon.

**Bacon Dressing** \-- At least 8 % cured, smoked bacon.

**Barbecue Sauce with Meat -**- At least 35 % meat (cooked basis).

**Barbecued Meat** \-- Weight of meat when barbecued can\'t exceed 70 %
of the fresh uncooked meat. Must have barbecued (crusted) appearance and
be prepared over burning or smoldering hardwood or its sawdust. If
cooked by other drying means, product name must mention the method of
cooking.

**Beans with Bacon or Ham in Sauce** \-- At least 12 % bacon or ham
(cooked basis).

**Beans with Frankfurters in Sauce** \-- At least 20 % franks.

**Beans with Meat in Sauce** \-- At least 12 % meat.

**Beans with Meatballs in Sauce** \-- At least 20 % meatballs.

**Beef a la King** \-- At least 20 % beef (cooked basis).

**Beef a la Mode** \-- At least 50 % beef.

**Beef Almandine with Vegetables** \-- At least 18 % beef (cooked
basis). Product must contain almonds.

**Beef and Dumplings with Gravy or Beef and Gravy with Dumplings** \--
At least 25 % beef.

**Beef Burgundy** \-- At least 50 % beef; enough wine to characterize
the sauce.

**Beef Carbonade** \-- At least 50 % beef.

**Beef Roulade** \-- At least 50 % beef (cooked basis).

**Beef Sausage** **(raw)** \-- No more than 30 % fat. No byprod­ucts, no
extenders and no more than 3 % water.

**Beef Stroganoff** \-- At least 45 % fresh, uncooked beef or 30 %
cooked beef and one of the following: at least 10 % sour cream; or a
combination of at least 7-1/2 % sour cream and 5 % wine; or 9-1/2 %
whole milk, 2 % sour cream, and 2-1/2 % wine.

**Beef with Barbecue Sauce** \-- At least 50 % beef (cooked basis).

**Beef with Gravy** \-- At least 50 % beef (cooked basis).

**Breaded Steaks, Chops, etc.** \-- Breading can\'t exceed 30 % of
finished product weight.

**Breakfast** (frozen product containing meat) \-- At least 15 % cooked
meat based on total net weight of breakfast.

**Breakfast Sausage** \-- No more than 50 % fat. May contain 3 ½ %
binders and extenders, and 3 % water.

**Brown and Serve Sausage** \-- No more than 35 % fat and no more than
10 % added water.

**Brunswick Stew** \-- At least 25 % meat, made up of at least two kinds
of meat, including poultry meat. Must contain corn as one of the
vegetables.

**Burgundy Sauce with Beef and Noodles** \-- At least 25 % beef (cooked
basis) and up to 20 % noodles; enough wine to characterize the sauce.

**Burrito** \-- At least 15 % meat.

**Cabbage Rolls with Meat in Sauce** \-- At least 12 % meat.

**Cannelloni with Meat and Sauce** \-- At least 10 % meat.

**Cappelletti with Meat in Sauce** \-- At least 12 % meat.

**Cheesefurter** \-- Shall contain sufficient cheese to characterize the
product.

**Chili con Carne** \-- At least 40 % meat.

**Chili con Carne with Beans** \-- At least 25 % meat.

**Chili Hot Dog with Meat** \-- At least 40 % meat.

**Chili Mac** \-- At least 16 % meat. Must be qualified with true
product name: \"Beans, Macaroni, and Beef in Sauce.\"

**Chili Sauce with Meat** \-- At least 6 % meat.

**Chop Suey (American Style) with Macaroni and Meat** \-- At least 25 %
meat.

**Chop Suey Vegetables with Meat** \-- At least 12 % meat.

**Chopped Ham** \-- Must be prepared from fresh, cured, or smoked ham,
plus certain kinds of curing agents and seasonings. May contain
dehydrated onions, dehydrated garlic, corn syrup, and not more than 3 %
water to dissolve the curing agents.

**Chow Mein Vegetables with Meat** \-- At least 12 % meat.

**Chow Mein Vegetables with Meat and Noodles** \-- At least 8 % meat and
the noodles must equal no more than 1/3 of the product.

**Corn Dog** \-- Must be accompanied by true product name, \"Batter
Wrapped Franks on a Stick.\" Limited to 65 % batter and a minimum of
35 % frankfurter.

**Corned Beef and Cabbage** \-- At least 25 % corned beef (cooked
basis).

**Corned Beef Hash** \-- At least 35 % beef (cooked basis). Must contain
potatoes, curing agents, and seasonings. May contain onions, garlic,
beef broth, beef fat, or others. No more than 15 % fat; no more than
72 % moisture.

**Country Ham** \-- A dry \-- cured product frequently coated with
spices. Minimum 4 % salt content.

**Creamed Meat Products or Creamed Sauce with Meat Products** (Chipped
Beef, Cooked Beef, Cured Beef, Ham, Franks, Meatballs, etc.) \-- At
least 18 % meat product (cooked basis).

**Crepe with Meat** \-- Based on total net weight of product; at least
20 % meat (cooked basis) if filling has no other major characterizing
ingredient, or 10 % meat (cooked basis) if one other major
characterizing ingredient (\"Crepe with Meat and Cheese,\" for example).

**Croquettes** \-- At least 35 % meat (cooked basis); 50 % fresh basis.

**Curried Sauce with Meat and Rice** (casserole) \-- At least 35 % meat
(cooked basis) in the sauce and meat part. No more than 50 % cooked
rice.

**Deviled Ham** \-- No more than 35 % fat; no added moisture; no cereal.

**Dinner** (frozen product containing meat) \-- At least 25 % meat or
meat food product (cooked basis) figured on total meal minus appetizer,
bread, and dessert. Consumer package must weigh at least 10 ounces (284
grams).

**Dumplings with Meat in Sauce** \-- At least 18 % meat.

**Egg Foo Yong with Meat** \-- At least 12 % meat.

**Egg Roll with Meat** \-- At least 10 % meat.

**Egg Roll with Meat and Seafood** \-- At least 5 % meat.

**Eggs Benedict** \-- At least 18 % cured smoked ham.

**Enchilada with Meat** \-- At least 15 % meat.

**Entree: Meat or Meat Food Product and One Vegetable** \-- At least
50 % meat or meat food product (cooked basis).

**Frankfurter, Bologna, and Similar Cooked Sausage** \-- May contain
only skeletal Meat. No more than 30 % fat, 10 % added water, and 2 %
corn syrup. No more than 15 % poultry meat (exclusive of water in
formula).

**Frankfurter, Bologna, and Similar Cooked Sausage with Byproducts or
Variety Meats** \-- Same limitations as above on fat, added water, and
corn syrup. Must contain at least 15 % skeletal meat. These products
must be specifically labeled, such as \"Frankfurters with Byproducts,\"
and each byproduct or variety meat must be specifically named in the
list of ingredients. These include heart, tongue, spleen, tripe, and
stomach.

**Frankfurter, Bologna, and Similar Cooked Sausage with Byproducts or
Variety Meats and which also Contain Nonmeat Binders** \-- Product made
with the above formulas and also containing up to 3-1/2 % nonmeat
binders (or 2 % isolated soy protein). These products must be
distinctively labeled, such as, \"Frankfurters with Byproducts, Nonfat
Dry Milk Added,\" The binders my be named in their proper order in the
list of ingredients.

**Fried Rice with Meat** \-- At least 10 % meat.

**Fritter** \-- At least 35 % meat; no more than 65 % breading.

**German Style Potato Salad with Bacon** \-- At least 14 % bacon (cooked
basis).

**Goulash** \-- At least 25 % meat.

**Gravy** \-- At least 25 % meat stock or broth, or at least 6 % meat.

**Gravy and Sauerbraten** \-- 35 % meat (cooked basis).

**Gravy and Swiss Steak** \-- At least 35 % meat (cooked basis).

**Gravy and Yankee Pot Roast** \-- At least 35 % meat (cooked basis).

**Gravy with Beef** \-- At least 35 % beef (cooked basis).

**Ham** (canned) \-- Limited to 8 % total weight gain after processing.

**Ham, Cooked or Cooked and Smoked** (not canned) \-- Must not weigh
more after processing than the fresh ham weights before curing and
smoking; if contains up to 10 % added weight, must be labeled, \"Ham,
Water Added.\"

**Ham a la King** \-- At least 20 % ham (cooked basis).

**Ham and Cheese Spread** \-- At least 25 % ham (cooked basis).

**Ham Chowder**

Ready-to-Eat \-- At least 5 % ham (cooked basis)

Condensed \-- At least 10 % ham (cooked basis).

**Ham Salad** \-- At least 35 % ham (cooked basis).

**Ham Spread** \-- At least 50 % ham.

**Hamburger, Hamburg, Burger, Ground Beef, or Chopped Beef** \-- No more
than 30 % fat; no extenders.

**Hash** \-- At least 35 % meat (cooked basis).

**Hors d\'oeuvre** \-- At least 15 % meat (cooked basis) or 10 % bacon
(cooked basis).

**Jambalaya with Meat** \-- At least 25 % meat (cooked basis).

**Knish** \-- At least 15 % meat (cooked basis).

**Kreplach** \-- At least 20 % meat.

**Lasagna with Meat and Sauce, or Cheese Lasagna with Meat** \-- At
least 12 % meat.

**Lasagna with Meat Sauce** \-- At least 6 % meat.

**Lasagna with Sauce, Cheese, and Dry Sausage** \-- At least 8 % dry
sausage.

**Lima Beans with Ham or Bacon in Sauce** \-- At least 12 % ham or bacon
(cooked basis).

**Liver Products, such as Liver Loaf, Liver Paste, Liver Pate, Liver
Cheese, Liver Spread, Liverwurst, Braun­schweiger, and liver Sausage**
\-- At least 30 % liver.

**Macaroni and Beef in Sauce** \-- At least 12 % beef.

**Macaroni and Cheese with Ham** \-- At least 12 % ham (cooked basis).

**Macaroni and Meat** \-- At least 25 % meat.

**Macaroni Salad with Ham or Beef** \-- At least 12 % meat (cooked
basis).

**Manicotti with Meat in Sauce** (contains a meat filling) \-- At least
10 % meat.

**Margarine or Oleomargarine** \-- If product is entirely of animal fat
or contains some animal fat, it is processed under Federal inspection.
Must contain\--individually or in combination\--pasteurized cream,
cow\'s milk, skim milk, combination of nonfat dry milk and water or
finely ground soybeans and water. May contain butter, salt, artificial
colorings, vitamins A and D, and permitted functional substances.
Finished product must contain at least 80 % fat from animal or vegetable
sources. Label must clearly state which types of fat are used.

**Meat and Dumplings in Sauce** \-- At least 25 % meat.

**Meat and Vegetables** \-- At least 50 % meat.

**Meat Casserole** \-- At least 25 % fresh, uncooked meat or 18 % cooked
meat.

**Meat Curry** \-- At least 50 % meat.

**Meat Loaf** (baked or oven-ready) \-- At least 65 % meat and no more
than 12 % cereal products.

**Meat Pasty** \-- At least 25 % meat.

**Meat Pie or Vegetable Meat Pie** \-- At least 25 % meat.

**Meat Ravioli** \-- At least 10 % meat in ravioli.

**Meat Ravioli in Sauce** \-- At least 10 % meat in ravioli; at least
50 % ravioli in total product.

**Meat Salad** \-- At least 35 % meat (cooked basis).

**Meat Sauce** \-- At least 6 % meat.

**Meat Soup**

Ready-to-Eat \-- At least 5 % meat.

Condensed \-- At least 10 % meat.

**Meat Spread** \-- At least 50 % meat.

**Meat Stew** \-- At least 25 % meat.

**Meat Taco** \-- At least 15 % meat.

**Meat Taco Filling** \-- At least 40 % meat.

**Meat Turnover** \-- At least 25 % meat.

**Meat Wellington** \-- At least 50 % cooked tenderloin spread with
liver pate or similar coating and covered with not more than 30 %
pastry.

**Meatballs** \-- No more than 12 % extenders, including textured
vegetable protein. At least 65 % meat.

**Meatballs in Sauce** \-- At least 50 % meatballs (cooked basis).

**Meatball Stroganoff** \-- At least 45 % meatballs (cooked basis).

**Mince Meat** \-- At least 12 % meat.

**Mousaka** \-- At least 25 % meat. Must be qualified on label as
\"Eggplant and Meat Casserole.\"

**New England Boiled Dinner** \-- At least 25 % cooked corned beef.

**Omelet with Bacon** \-- At least 9 % bacon (cooked basis).

**Omelet with Dry Sausage** \-- At least 12 % dry sausage.

**Omelet with Ham** \-- At least 18 % ham (cooked basis).

**Omelet with Meat Food Product, such as Creamed Chipped Beef or Corned
Beef Hash** \-- At least 25 % meat food product.

**Omelet, Western** \-- At least 18 % cooked ham. Contains onions and
green and/or red bell peppers.

**Pate de Foie** \-- At least 30 % liver.

**Pepper Steak** (Chinese) \-- At least 30 % thin, braised strips of
beef (cooked basis).

**Peppers and Italian Sausage in Sauce** \-- At least 20 % sausage
(cooked basis).

**Pizza with Meat** \-- At least 15 % meat.

**Pizza with Sausage** \-- At least 12 % sausage (cooked basis) or 10 %
dry sausage, such as pepperoni.

**Pork Sausage** \-- No more than 50 % fat or 3 % water; may contain no
byproducts or extenders.

**Pork with Barbecue Sauce** \-- At least 50 % port (cooked basis).

**Pork with Dressing** \-- At least 50 % pork (cooked basis).

**Pork with Dressing and Gravy** \-- At least 30 % pork (cooked basis).

**Proscuitto** \-- A flat, dry-cured ham coated with spices.

**Quiche Lorraine** \-- At least 8 % bacon or ham (cooked basis) and
10 % swiss or gruyere cheese.

**Rice with Meat** \-- At least 12 % meat.

**Salisbury Steak** \-- At least 65 % meat and no more than 12 %
extenders, including textured vegetable protein.

**Sandwich Meat** \-- At least 35 % meat in total sandwich; bread
component may not exceed 50 % of the sandwich.

**Sauerbraten** \-- At least 50 % beef (cooked basis).

**Sauerkraut Balls with Meat** \-- At least 30 % meat.

**Sauerkraut with Wieners and Juice** \-- At least 20 % wieners.

**Sausage with Sauerkraut in Sauce** \-- At least 40 % sausage (cooked
basis).

**Scalloped Potatoes and Ham or Sausage** \-- At least 20 % ham or
sausage (cooked basis).

**Scallopini** (\"Veal Scallopini,\" for example) \-- At least 35 % meat
(cooked basis).

**Scrambled Eggs with Ham in a Pancake** \-- At least 9 % ham (cooked
basis).

**Scrapple** \-- At least 40 % meat and/or meat byproducts.

**Shepherd\'s Pie** \-- At least 25 % meat; no more than 50 % mashed
potatoes.

**Sloppy Joe** \-- At least 35 % meat (cooked basis). Must be qualified
with true product name, \"Barbecue Sauce with Beef.\"

**Snack** \-- At least 15 % meat (cooked basis) or 10 % bacon (cooked
basis).

**Spaghetti Sauce with Meat** \-- At least 6 % meat.

**Spaghetti with Meat or Meatballs in Sauce** \-- At least 12 % meat.

**Spanish Rice with Meat** \-- At least 20 % meat (cooked basis).

**Stuffed Cabbage with Meat in Sauce** \-- At least 12 % meat.

**Stuffed Pepper with Meat in Sauce** \-- At least 12 % meat.

**Sukiyaki** \-- At least 30 % meat.

**Sweet and Sour Meat** \-- At least 25 % meat and at least 16 % fruit.

**Swiss Steak with Gravy** \-- At least 50 % meat (cooked basis).

**Tamale** \-- At least 25 % meat.

**Tamale with Sauce or Gravy** \-- At least 20 % meat.

**Tamale Pie** \-- At least 20 % meat; filling must be at least 40 % of
total product.

**Taquito** \-- At least 15 % meat.

**Tongue Spread** \-- At least 50 % tongue.

**Tortellini with Meat** \-- At least 10 % meat.

**Tortellini with Meat in Sauce** \-- At least 50 % cooked meat
tortellini.

**Veal and Peppers in Sauce** \-- At least 30 % meat (cooked basis).

**Veal Bird** \-- At least 60 % meat and no more than 40 % stuffing.

**Veal Cordon Bleu** \-- At least 60 % veal, 5 % ham, and containing
swiss, gruyere, mozzarella, or pasteurized process Swiss cheese.

**Veal Fricassee** \-- At least 40 % meat.

**Veal Parmigiana** \-- At least 40 % breaded veal in sauce.

**Veal Scallopini** \-- At least 35 % veal (cooked basis).

**Veal Steak** \-- Chopped, shaped, cubed, frozen. Beef can be added up
to 20 % with product name shown as, \"Veal Steaks, Beef Added, Chopped,
Shaped, and Cubed.\" If more than 20 % beef, must be labeled, \"Veal and
Beef Steak, Chopped, Shaped, and Cubed.\" No more than 30 % fat in total
product.

**Vegetable and Meat Casserole** \-- At least 25 % meat.

**Vegetable and Meat Pie** \-- At least 25 % meat.

**Won Ton Soup** \-- At least 5 % meat.

# Poultry Products

All percentages of poultry are on cooked, deboned basis unless otherwise
indicated. When standard indicates poultry meat, skin, and fat, the skin
and fat are in proportions normal to poultry.

**Baby Food**

High Poultry Dinner \-- At least 18-3/4 % poultry meat, skin, fat, and
giblets.

Poultry with Broth \-- At least 43 % poultry meat, skin, fat, and
giblets.

**Beans and Rice with Poultry** \-- At least 6 % poultry meat.

**Breaded Poultry** \-- No more than 30 % breading.

**Canned Boned Poultry**

Boned (kind) Solid Pack \-- At least 95 % poultry meat, skin, and fat.

Boned (kind) \-- At least 90 % poultry meat, skin, and fat.

Boned (kind), with Broth \-- At least 80 % poultry meat, skin, and fat.

Boned (kind), with Specified Percentage of Broth \-- At least 50 %
poultry meat, skin, and fat.

**Cannelloni** \-- At least 7 % poultry meat.

**Chicken Cordon Bleu** \-- At least 60 % boneless chicken breast (raw
basis), 5 % ham, and either Swiss, gruyere, or mozzarella cheese. (If
breaded, no more than 30 % breading.)

**Creamed Poultry** \-- At least 20 % poultry meat. Product must contain
some cream.

**Egg Roll with Poultry** \-- At least 2 % poultry meat.

**Eggplant Parmigiana with Poultry** \-- At least 8 % poultry meat.

**Entree: Poultry or Poultry Food Products and One Vegetable** \-- At
least 37-1/2 % poultry meat or poultry food product.

**Gravy with Poultry** \-- At least 15 % poultry meat.

**Noodles or Dumplings with Poultry** \-- At least 6 % poultry meat.

**Poultry a la Kiev** \-- Must be breast meat (may have attached skin)
stuffed with butter and chives.

**Poultry a la King** \-- At least 20 % poultry meat.

**Poultry Almandine** \-- At least 50 % poultry meat. Product must
contain almonds.

**Poultry Brunswick Stew** \-- At least 12 % poultry meat. Must contain
corn.

**Poultry Burgers** \-- 100 % poultry, with skin and fat not in excess
of natural proportions.

**Poultry Burgundy** \-- At least 50 % poultry meat; enough wine to
characterize the product.

**Poultry Burrito** \-- At least 10 % poultry meat.

**Poultry Cacciatore** \-- At least 20 % poultry meat, or 40 % with
bone.

**Poultry Casserole** \-- At least 18 % poultry meat.

**Poultry Chili** \-- At least 28 % poultry meat.

**Poultry Chili with Beans** \-- At least 17 % poultry meat.

**Poultry Chop Suey** \-- At least 4 % poultry meat.

**Poultry Chow Mein** (without noodles) \-- At least 4 % poultry meat.

**Poultry Creole with Rice** \-- At least 35 % cooked meat in poultry
and sauce portion. Not more than 50 % rice in total product.

**Poultry Croquette** \-- At least 25 % poultry meat.

**Poultry Croquette with Macaroni and Cheese** \-- At least 29 %
croquettes.

**Poultry Dinner** (a frozen product) \-- At least 18 % poultry meat,
figured on total meal menu minus appetizer, bread, and dessert.

**Poultry Empanadillo** (a poultry turnover) \-- At least 25 % poultry
meat.

**Poultry Fricassee** \-- At least 20 % poultry meat.

**Poultry Fricassee of Wings** \-- At least 40 % poultry wings (cooked
basis, with bone).

**Poultry Hash** \-- At least 30 % poultry meat.

**Poultry Lasagna** \-- At least 8 % poultry meat (raw basis).

**Poultry Livers with Rice and Gravy** \-- At least 30 % livers in
poultry and gravy portion, or 17-1/2 in total product.

**Poultry Meat Loaf** \-- A minimum of 65 % raw poultry or 50 % poultry
meat, and a maximum of 12 % extenders.

**Poultry Paella** \-- At least 35 % poultry meat or 35 % poultry meat
and other meat (cooked basis); no more than 35 % cooked rice. Must
contain seafood.

**Poultry Parmigiana** \-- At least 40 % breaded poultry.

**Poultry Pie** \-- At least 14 % poultry meat.

**Poultry Ravioli** \-- At least 2 % poultry meat.

**Poultry Roll** \-- No more than 3 % binding agents, such as gelatin,
in the cooked product; no more than 2 % natural cooked-out juices.

**Poultry Roll with Broth** \-- Contains more than 2 % poultry broth in
addition to natural cooked-out juices.

**Poultry Roll with Gelatin** \-- Gelatin exceeds 3 % of cooked product.

**Poultry Roll with Natural Juices** \-- Contains more than 2 % in
natural cooked-out juices.

**Poultry Salad** \-- At least 25 % poultry meat (with normal amounts of
skin and fat).

**Poultry Scallopini** \-- At least 35 % poultry meat.

**Poultry Soup**

Ready-to-Eat \-- At least 2 % poultry meat.

Condensed \-- At least 4 % poultry meat.

**Poultry Stew** \-- At least 12 % poultry meat.

**Poultry Stroganoff** \-- At least 30 % poultry meat and at least 10 %
sour cream or a \"gourmet\" combination of at least 7 ½ % sour cream and
5 % wine.

**Poultry Tamale** \-- At least 6 % poultry meat.

**Poultry Tetrazzini** \-- At least 15 % poultry meat.

**Poultry Turnover** \-- At least 14 % poultry meat.

**Poultry Wellington** \-- At least 50 % boneless poultry breast spread
with a liver or similar pate coating and covered in not more than 30 %
pastry.

**Poultry with Gravy** \-- At least 35 % poultry meat.

**Poultry with Gravy and Dressing** \-- At least 25 % poultry meat.

**Poultry with Noodles au Gratin** \-- At least 18 % poultry meat.

**Poultry with Noodles or Dumplings** \-- At least 15 % poultry meat, or
30 % with bone.

**Poultry with Rice** \-- At least 15 % poultry meat.

**Poultry with Vegetables** \-- At least 15 % poultry meat.

**Sauce with Poultry or Poultry Sauce** \-- At least 6 % poultry meat.

**Stuffed Cabbage with Poultry** \-- At least 8 % poultry meat.

**Stuffed Peppers with Poultry** \-- At least 8 % poultry meat.

**Turkey Ham** \-- A product made with cured turkey thigh meat only.

######### Definitions

Some terms used throughout this document are defined below:

***Binders, Extenders*** \-- Binders and extenders help to hold a meat
or poultry product together and also aid in retaining product moisture.
Sometimes, these ingredients are used to supplement the required minimum
amount of meat or poultry present in a product.

***Cure*** \-- Curing ingredients are used to preserve such products as
ham, frankfurters, and bacon. They also give these products their
characteristic taste and color. Today, almost all curing of meats is
done by adding limited amounts of nitrite in combination with salt
during processing. If nitrite-cured products are stored at the proper
tempera­ture, the presence of nitrite prevents the growth of organisms
that cause botulism in humans.

***Meat*** \-- Meat comes from the muscles of cattle, sheep, swine, and
goats. \"Skeletal\" meat refers to the muscular cuts which were attached
to the animal\'s bone structure. Muscle found in the tongue and heart is
also defined as \"meat,\" but is permitted only in some meat products.
Regulations require that all meats be identified by species (type) of
animal, and, if meat from the tongue or heart is used, it must be named
in the list of ingredients.

***Meat Byproducts*** (sometimes known as \"variety meats\") \-- These
terms refer to the edible and wholesome parts of cattle, sheep, swine,
and goats, other than skeletal meat. Whenever byproducts are added to
meat products, each specific byproduct must be named in the list of
ingredients.

***Meat Food Product*** (also known as \"meat product\") \-- Any food
suitable for human consumption made from cattle, sheep, swine, or goats,
containing more than 3 % meat.

***Poultry*** \-- All domesticated birds (chickens, turkeys, ducks,
geese, guineas).

***Poultry Byproducts*** \-- All edible parts of poultry other than sex
glands and \"poultry meat.\"

***Poultry Food Product*** (also known as \"poultry product\") \-- Any
food suitable for human consumption made from any domesticated bird,
containing more than 2 % poultry meat.

***Poultry Meat*** \-- This term refers to the white and dark meat
portions of deboned poultry, excluding fat, skin, and other edible
poultry parts.

***Vegetable (Plant) Protein*** \-- Vegetable protein products derived
from soybeans may be used as binders or extenders in such meat and
poultry products as sausages, luncheon meats, soups, sauces, and
gravies. Sometimes, they are the main ingredients in meat and poultry
product substitutes. Soybeans are processed into three basic soy protein
products: soy flour, soy protein concentrate, and isolated soy vegetable
protein. Whenever soy protein is added to a meat or poultry product, its
presence is noted in the ingredient statement on the label. In some
instances, it is also included in the product name, e.g., \"Beef and
Textured Vegetable Protein Burritos.\"

**2.2.14. Typewriter and Computer Printer Ribbons and Tapes**
[]{#__RefHeading___Toc534602361 .anchor}

(L&R, 1991)

**Interpretation**

Typewriter and computer printer ribbons must be labeled by length. In
addition, character yield information may be disclosed on the principal
display panel.

**Background**

Packages of typewriter and computer printer ribbons and tapes have been
found in the marketplace with no declaration of quantity of any kind.
There is information on the package about the type of machine the ribbon
or tape is designed to fit, but this is not a declaration of quantity.
Purchasers have been misled as a result of the failure of some
manufacturers to disclose the length; ribbons designated for a
particular machine may be sold at a low price, but with substantially
less length than ribbons ordinarily produced for the machine.

**2.3.1. Instant Concentrated Products** []{#__RefHeading___Toc534602362
.anchor}

(L&R, 1977, p. 219)

**Interpretation**

No additional net contents information (other than weight) is required
for instant coffee, tea, and cocoa.

**Background**

It was proposed that certain products, such as instant coffee, tea, and
cocoa, should have a dual statement of weight including the number of
cups (e.g., makes 10 6-oz cups).

The National Coffee Association of U.S.A., Inc., offered the following
comments:

1\. The number of servings of instant coffee will depend upon the size
of the cup involved and the taste of the individual consumer.

> a\. The size of a cup will vary widely, ranging from a small
> \"demitasse\" cup to a large coffee mug.

b\. The taste of the individual consumer defies definition because it
will vary as widely as the number of individu­als con­sidered. Market
research shows many like it \"strong and black\" and others prefer it
\"mild and thin.\"

> 2\. Any statement placed on a container of instant coffee that
> represents that the consumer will be able to obtain a speci­fied number
> of servings would be arbi­trary, confusing and, in a very sense,
> deceptive.
>
> 3\. In view of the foregoing, any such require­ments that the number of
> servings be listed on a container of instant coffee might expose the
> manufacturer to complaints from consum­ers that it was engaging in an
> unfair and deceptive practice.

Other issues that the Committee discussed included the authority to
require precise directions (rather than, for example, 2 to 3 heaping
teaspoons) and the issues of product variability and uniform
enforcement.

**2.3.2. Fresh Fruits and Vegetables** []{#__RefHeading___Toc534602363
.anchor}

(L&R, 1979, p. 176; 1980; 1982, p. 152)

**Guideline**

Recognizing the difficulty faced by consumers when more than one method
of sale is employed in the same outlet for the same product,
noncomparable methods of sale (e.g., weight and measure) for the same
produce item in the same outlet should be minimized.

**2.3.3. Cardboard Cartons** []{#__RefHeading___Toc534602364 .anchor}

(L&R, 1974, p. 223)

**Guidelines and Interpretations**

Cardboard cartons should be sold by their dimensions. Identification
numbers used in the trade do not correspond to these dimensions and
could tend to mislead the uninformed purchaser (although there is no
actual unit such as inches associated with the identification numbers).
Sales or catalogue literature will have to be investigated to determine
whether there is sufficient information upon which to make a purchasing
decision.

**Background**

Copies of letters received by the New York Bureau of Weights and
Measures regarding cardboard containers were forwarded to the Committee.
These letters highlight the confusion that exists when these containers
are sold to new businessmen by an identity number which is often
mistaken for the size of the box. For example, a 30 x 4 identification
number refers to a box whose actual size is 27 x 3 inches. It was
suggested that a new section be added to the Method of Sale of
Com­modities Regulation so that these containers can be sold on a basis
that will provide more accurate information.

An important argument in support of adding a new section is that small
businessmen just getting started need as much assistance as can be
provided in order to survive and grow.

An argument opposing this change is that a table, similar to table 1 of
§ 2.9. (Softwood Lumber) of the Uniform Method of Sale Regulation, could
be printed showing the relationship between identity and size; this
would not solve the problem.

It is the consensus of the Committee that these containers should be
sold by actual size. The Committee does not believe, however, that every
trade practice must be controlled through the Uniform Laws and
Regula­tions. This is particularly true where the item does not directly
concern the retail consumer. The Committee, therefore, recommends that
the appropriate trade associations be contacted and asked to correct
this practice on a voluntary basis.

**2.3.4. Catalyst Beads** []{#__RefHeading___Toc534602365 .anchor}

(L&R, 1981, p. 100)

**Guideline and Interpretation**

The proper method of sale of catalyst beads used in automobile exhaust
systems is by volume. It is appropriate for the quantity declaration to
be supple­mented by part number or other description of the specific
converter for which the package of catalyst beads is intended.

**Background**

A communication from the General Motors Corporation AC Spark Plug
Division was forwarded to the Committee which proposes discontinuing the
labeling of their catalyst beads by weight. When the catalyst becomes
contaminated by leaded gasoline or prolonged use, the catalytic
converter in the exhaust system of recent GM cars and trucks (running on
unleaded gasoline) must be emptied of its catalyst beads and be refilled
by volume with replacement catalyst beads in order to meet emission
standards. The beads are used by volume (to fill a catalytic converter),
are hygroscopic, and vary in core material density. Therefore, packages
of beads meeting a net weight label require an additional one-third
pound (on the average) over the packages labeled by volume, cost about
\$7.50 more per package, and the additional weight of beads will be
discarded in actual use.

The methods of retail sale for fresh fruits and vegetables should be:

+-----------------------------------+-----------------------------------+
| ######## Commodity Method of Sale | **Commodity Method of Sale**      |
|                                   |                                   |
| Apples Weight or count, or by dry | Parsley Weight or bunch           |
|                                   |                                   |
| measure in units not less         | Parsnips Weight                   |
|                                   |                                   |
| than 1 peck                       | Peaches Weight or count, or by    |
|                                   | dry                               |
| Apricots Weight                   |                                   |
|                                   | measure in units not less         |
| Artichokes Weight or count        |                                   |
|                                   | than 1 peck                       |
| Asparagus Weight or bunch         |                                   |
|                                   | Pears Weight or count, or by dry  |
| Avocados Count                    |                                   |
|                                   | measure in units not less         |
| Bananas Weight                    |                                   |
|                                   | than 1 peck                       |
| Beans Weight or dry measure, in   |                                   |
|                                   | Peas Weight                       |
| units not less than 1 peck        |                                   |
|                                   | Peppers Weight or count           |
| Beets Weight or bunch             |                                   |
|                                   | Persimmons Weight or count        |
| Ber                               |                                   |
| ries(all)**^\[\ NOTE\ 1,\ see\ pa | Plums Weight or dry measure, in   |
| ge\ [225](#H130Interp2Note1)\]^** |                                   |
| Weight or measure                 | units not less than 1 peck        |
|                                   |                                   |
| Broccoli Weight or bunch          | Pineapples Weight or count        |
|                                   |                                   |
| Brussels sprouts Weight           | Pomegranates Weight or count      |
|                                   |                                   |
| Cabbage Weight                    | Potatoes (Irish or sweet) Weight  |
|                                   |                                   |
| Cantaloupes Weight or count       | Prunes Weight                     |
|                                   |                                   |
| Carrots Weight or bunch           | Pumpkins Weight or count          |
|                                   |                                   |
| Cauliflower Weight or bunch       | Radishes Weight                   |
|                                   |                                   |
| Celery Weight or count            | Rhubarb Weight                    |
|                                   |                                   |
| Cherries**^\[NOTE\ 1,\ see\       | Rutabagas Weight                  |
| page[225](#H130Interp2Note1)\]^** |                                   |
| Weight or measure                 | Spinach Weight or bunch           |
|                                   |                                   |
| Coconuts Weight or count          | Tangerines Weight or count        |
|                                   |                                   |
| Corn on cob Count                 | Tomatoes Weight or dry mea­sure,   |
|                                   | in                                |
| Cranberries Weight or measure     |                                   |
|                                   | units not less than 1 peck        |
| Cucumbers Weight or count         |                                   |
|                                   | Tomatoes Weight or measure        |
| Currants**^\[NOTE\ 1,\ see\       |                                   |
| page[225](#H130Interp2Note1)\]^** | (cherry)**^\[NOTE\ 1,\ see\       |
| Weight or measure                 | page[225](#H130Interp2Note1)\]^** |
|                                   |                                   |
| Dates Weight                      | Turnips Weight or bunch           |
|                                   |                                   |
| Eggplant Weight or count          |                                   |
|                                   |                                   |
| Escarole Weight or bunch          |                                   |
|                                   |                                   |
| Figs Weight                       |                                   |
+-----------------------------------+-----------------------------------+
| Garlic Weight or count            |                                   |
|                                   |                                   |
| Grapefruits Weight or count       |                                   |
|                                   |                                   |
| Grapes Weight                     |                                   |
|                                   |                                   |
| Greens (all) Weight               |                                   |
|                                   |                                   |
| Kale Weight                       |                                   |
|                                   |                                   |
| Kohlrabi Weight                   |                                   |
|                                   |                                   |
| Leeks Weight                      |                                   |
|                                   |                                   |
| Lemons Weight or count            |                                   |
|                                   |                                   |
| Lettuce Weight or count           |                                   |
|                                   |                                   |
| Limes Weight or count             |                                   |
|                                   |                                   |
| Mangoes Weight or count           |                                   |
|                                   |                                   |
| Melons (whole) Weight or count    |                                   |
|                                   |                                   |
| Melons (cut or pieces) Weight     |                                   |
|                                   |                                   |
| Mushrooms Weight or measure       |                                   |
|                                   |                                   |
| Nectarines Weight or count        |                                   |
|                                   |                                   |
| Okra Weight                       |                                   |
|                                   |                                   |
| Onions (spring or green) Weight   |                                   |
| or bunch                          |                                   |
|                                   |                                   |
| Onions (dry) Weight               |                                   |
|                                   |                                   |
| Oranges Weight or count           |                                   |
|                                   |                                   |
| Papaya Weight or count            |                                   |
+-----------------------------------+-----------------------------------+

[]{#H130Interp2Note1 .anchor}***NOTE 1:** Commodities sold by measure
must be sold in containers standardized by the Berry Basket and Box Code
in Handbook 44.*

**2.3.5. Incense** []{#__RefHeading___Toc534602366 .anchor}

(L&R, 1978, p. 151)

**Interpretation**

Incense labeled by count is fully informative and sufficient.

**Background**

The State of Oregon raised the issue of proper quantity declarations for
the sale of incense. The question is what, if any, information other
than count, such as weight or volume or length, is necessary for an
adequate description on packages of incense. The Committee is of the
opinion that a statement of count as defined in § 6.4.1(c) of the
Uniform Packaging and Labeling Regulation is fully informative and is
sufficient in this case.

**2.3.6. Sea Shells** []{#__RefHeading___Toc534602367 .anchor}

(L&R, 1976, p. 223)

**Guideline**

Sea shells shall be sold by count and weight for packages of 50 sea
shells or less and by volume and weight for packages containing more
than 50 sea shells.

**2.3.7. Tire Tread Rubber Products** []{#__RefHeading___Toc534602368
.anchor}

(L&R, 1976, p. 233)

**Guideline**

Tire tread rubber products shall be sold by net weight. The polyethylene
film protective backing shall be part of the product and included in the
net weight. The core is part of the tare and must be deducted from the
gross weight to determine the net weight.

**2.3.8. Wiper Blades** []{#__RefHeading___Toc534602369 .anchor}

(L&R, 1979, p. 182)

**Interpretation**

There is a trade custom of labeling automobile wiper blades by the
length of the metal backing or vertebra, not the length of the blade.
This is an acceptable method of sale and net contents declaration.

**Background**

The Committee received a request from a manufacturer of automobile wiper
blades that had a problem with one State concerning the measurement of
length as labeled on their packages. The State felt that the proper
designation should be the length of the blade itself; the manufacturer
said that traditionally the industry measured the length of the metal
backing or vertebra.

The Committee, after some discussion, determined that since there was no
intent to mislead customers, the traditional measurement of the metal
backing or vertebra was acceptable.

**2.3.9. Fireplace Logs** []{#__RefHeading___Toc534602370 .anchor}

(L&R, 1975, p. 174)

**Interpretation**

Time of burning is not an appropriate quantity declaration for fireplace
logs. (§ 2.4.3. of the Uniform Method of Sale of Commodities requires
single logs to be sold by weight, or if packaged and less than 4 cu ft,
weight plus count.)

**Background**

The enforceability of quantity declarations using time as the basis of
measurement for commodities, including packaged commodities, must be
considered carefully if equity in the marketplace is to be achieved. The
Committee wants to stress to those who have submitted time declaration
questions that the enforceability factor should not override consumer
protection and uniformity considerations. Based on the above criteria,
the Commit­tee recommends that the Conference take the position that time
is not an appropriate quantity declaration for fireplace logs.

**2.3.11. Packaged Foods or Cosmetics Sold from Vending**
[]{#__RefHeading___Toc534602371 .anchor} **Machines**

(L&R, 1982, p. 152)

**Interpretation**

Packaged foods and cosmetics sold from vending machines must be labeled
the same as similar items not sold in vending machines, including
identity, responsibility, net contents, and ingredient declaration,
except that § 3.3. of the Uniform Regulation for the Method of Sale of
Com­modities permits identity and net contents to be posted on the
machine in lieu of appearing on the package.

**Background**

As part of its review of the Uniform Regulation for the Method of Sale
of Commodities, FDA recommended adding a statement to § 3.3. that
packaged foods and cosmetics sold in vending machines must in general be
labeled in accordance with requirements for similar articles not sold in
vending machines (e.g., ingredient declaration requirements). The
Committee recommends that this information be made a guideline rather
than incorporated as part of the uniform regulation.

**2.3.12. Movie Films, Tapes, Cassettes**
[]{#__RefHeading___Toc534602372 .anchor}

(L&R, 1975, p. 174)

**Guideline**

Movie film may be sold by linear measure. Magnetic tapes and cassettes
may be sold by either linear measure or playing time.

**Background**

The enforceability of quantity declarations using time as the basis of
measurement for commodities, including packaged commodities, must be
carefully considered to achieve equity in the marketplace. The Committee
wants to stress to those who have submitted time declaration questions
that the enforceability factor should not override consumer protection
and uniformity considerations. The committee further recommends that the
States follow FTC guidelines in requiring lineal measure for the sale of
movie films and permit either linear measure or playing time for
magnetic tapes and cassettes.

**2.3.13. Vegetable Oil** []{#__RefHeading___Toc534602373 .anchor}

(L&R, 1983, p. 208)

**Guideline and Interpretation**

Packaged liquid vegetable oil must be labeled by liquid volume, although
net weight may also be declared.

**Background**

Packages of liquid vegetable oil are being sold for restaurant and other
small food business use labeled by weight.  It has been brought to the
attention of the Committee that containers of product labeled \"5
gallons\" look identical in dimen­sions to those labeled \"35 pounds,\"
but the density of the vegetable oil is such that the 35‑pound cans
contain only about 4-1/2 gallons.  The Institute of Shortening and
Edible Oils indicated that com­panies selling liquid vegetable oils often
compete with those selling solid shorten­ing, and that a net weight
comparison is useful for these purposes.  Recipes for food products in
large sizes sometimes provide ingredient quantities by weight or volume.

It is the opinion of the members of the Committee that packaged liquid
vegetable oil [must]{.underline} be labeled by liquid volume although a
net weight may be declared in addition to the net volume statement.

When a single manufacturer of vegetable oil packages the same oil in the
same size container with two such widely different net quantity
statements, this practice could easily be considered (a) misleading to
the customer, and (b) nonfunctional slack‑fill. Weights and measures
enforcement action should be taken.

**2.3.15. Bulk Sales** []{#__RefHeading___Toc534602374 .anchor}

(L&R Committee, 1986, p. 140)

When packaged or wrapped items (such as individually wrapped candies)
are sold from bulk displays by weight, the price must be based on the
net weight, not the weight including the individual piece wrappings.
This will require (1) subtracting the weight of the bag into which the
customer puts the pieces plus (2) subtracting the weight of the piece
wrappings (the latter is a percentage of the gross weight\--that is, the
tare increases as the customer selects more of the commodity).

**Background**

Retail food stores are merchandising prepackaged commodities such as
candies, pet food, snack bars, and bouillon cubes from bulk displays.
Some retailers sell these products by gross weight. Section 1.2. of the
Uniform Weights and Measures Law reads in part: \"The term \'weight\' as
used in connection with any commodity means net weight. . .\"

A workshop was held on June 20, 1986, at the U.S. Department of
Commerce, Washington, D.C., to explore the issues and alternatives
involved in the sale of prepackaged goods from the bulk food sales areas
of supermarkets. Representatives of the packaging, supermarket, and
small grocery industries, scale and point-of-sale (POS) systems
manufacturers, the U.S. Food and Drug Adminis­tration, weights and
measures agencies, and the National Institute of Standards and
Technology attended. No final recommendations came from this meeting;
however, the participants expressed an interest in meeting again after a
written report of the June 20, 1986 meeting was made available and
before the Interim Meetings of the NCWM in January 1987. The following
issues were discussed:

> 1\. Prepackaged commodities in bulk displays are being sold on a gross
> weight basis.
>
> Federal regulations covering packaged goods and every state Weights
> and Measures Law require any sale by weight to be \"net weight\" (not
> including the weight of the wrapping materials). In some areas of the
> nation, many items are being sold on a gross weight basis in the
> supermarkets, for example, fresh fruit and vegetables in poly bags in
> the produce area. Perhaps because of the light weight of these bags
> (that is, the minimum size of the scale division on the ordinary
> supermarket checkout scale is large with respect to the weight of the
> poly bags), low priority is given to correcting this sales practice,
> and a lack of uniformity in enforcement of the net weight requirements
> results. Weights and measures officials have found tare amounting to
> over 40 % of the gross weight in prepackaged items sold from bulk; the
> majority of cases seems to range from 3 % to 12 %. Officials see the
> need to \"draw the line\" in a sales practice that appears to have
> evolved from other practices that were not heavily monitored and
> corrected at their inception.
>
> 2\. Retailers face technical and adminis­trative problems in properly
> deducting tare from the gross weight.
>
> Automatic deduction of tare is preferable for large-scale retailers
> because of its speed. No equipment (either stand-alone scale or POS)
> is available at the present time that can: (1) subtract a percentage
> of the gross weight to represent the tare weight; or (2) subtract a
> fixed tare for the bag and a percentage tare for the wrapper on the
> prepackaged item. \[Editor\'s Note: There is equipment now available
> that can deduct a tare that is a percentage of the gross weight.\] Two
> POS system manufacturers said that new systems with percentage tare
> capability could be designed, but they could not definitely say
> whether retrofitting existing systems was possible. They said that the
> ability to retrofit declined with the age of the system. Supermar­ket
> representatives expressed concern that their in-store computer
> software would need modification above and beyond the retrofitting or
> software redesign that might be done by the POS manufacturers; their
> software is designed around current POS software.
>
> Deduction of tare in the bulk food area using a scale other than the
> checkout scale can be done more easily than at checkout if a POS
> system is being used. A tare look-up table used in conjunction with
> the scale appears to be the only currently used method that meets the
> net weight requirements when packaged products are sold from bulk.
> (The procedure is to gross weigh the product, look up the tare,
> subtract it from the gross weight, and then determine a final net
> weight and total price.)
>
> Each retailer will have to consider the cost of additional manpower
> (as the weighing and marking of the purchase in the bulk food area
> might require), new equipment (purchasing scales or POS systems with
> percentage tare capability), or retrofit of existing equipment as
> compared with the value of the market share contributed by the bulk
> marketing of prepacked commodities. However, two super­market chain
> representatives said that they expected some growth in this type of
> sale (because of the customers\' perception of cleanliness of the
> product, for example).
>
> 3\. Present methods of sale and advertising are often misleading.
>
> Suggestions were made that advertising on a \"wrapped weight\" basis
> would properly inform the consumer. However, it was pointed out that a
> typical purchaser does not know what \"wrapped weight\" is (i.e.,
> gross weight). Moreover, selling packaged goods on a gross weight
> basis is illegal; it thwarts value comparison with other products sold
> by net weight.
>
> Bulk food sales advertising often includes claims of savings of, for
> example, 10 % to 20 % over a purchase of the same commodity in
> standard-pack form. These advertising claims can be exaggerated and
> misleading if the comparisons referenced are between standard-pack
> commodities sold net weight and products sold from bulk on a gross
> weight basis.
>
> The possibility of advertising a net weight unit price, but actually
> weighing at the checkout on a gross weight basis (and charging at a
> lower gross weight unit price) was discussed. For example, a sign
> could be posted with the following:

\"\$1.50 per pound, net weight. We are not able to weigh this packaged
product on a net weight basis (that is, without the wrapper), and will
therefore charge you \$1.40 per pound including the wrapper weight at
the checkout.\"

> Everyone agreed that advertising claims and appropri­ate wording would
> have to be chosen carefully if this is to be viable. However, those
> weights and measures officials present were generally opposed to this
> alternative based on the difficulty of enforcement and lack of
> assurance that a consumer would really understand explanatory signage.

**2.3.16. Animal Bedding** []{#__RefHeading___Toc534602375 .anchor}

(L&R, 1988, p. 159)

**Recommended Method of Sale**

Animal bedding of all kinds, except for baled straw, should be sold by
volume, that is, by the cubic meter, cubic yard, cubic foot or cubic
inch.

The test method in Handbook 133, § 4.11. Peat Moss, can be used for
animal bedd­ing. The test official should \"fluff up\" or in some way
reduce the amount of com­paction of product that may occur under ordinary
packaging and distribution processes prior to testing.

**2.5.6. Guidelines for NCWM Resolution of Requests for Recognition of
Moisture Loss in**

**Other Packaged Products** []{#__RefHeading___Toc534602376 .anchor}

(Exec, 1988, p. 94)

The Task Force on Commodity Requirements limited its work to only a few
product categories, using these categories as models for addressing
moisture loss. The gray-area concept is the result of this work.

Recognizing several candidates for future work in moisture loss, the
Task Force recommends that the following guidelines for moisture loss be
followed as far as possible by any industry requesting consideration:

> 1\. There should be reasonable uniformity in the moisture content of
> the product category. For example, since pet food has final moisture
> contents ranging from very moist to very dry, some subcategor­ization
> of pet food needs to be defined by industry before the NCWM study of
> the issue.
>
> 2\. The predominant type of moisture loss (whether into the atmo­sphere
> or into the packaging materials) must be specified.
>
> 3\. Different types of packaging might make it necessary to
> sub­categorize the product. For example, pasta is packaged in
> card­board, in poly­ethylene, or other packaging more imper­vious to
> moisture loss. The industry should define the domain of packaging
> ma­terials to be con­sidered.
>
> 4\. \"Real-world\" data is needed on the product as found in the
> retail marketing chain \--not just laboratory moisture-loss data.
>
> 5\. The industry requesting consideration of moisture loss for its
> product should collect data on an industry-wide basis (rather than
> from only one or two companies).
>
> Information concerning the relative fractions of imported and
> domes­tically produced product should be available, for example, in
> order to assess the feasibility of interacting with the manufacturer
> on specific problem lots.
>
> 6\. Moisture loss may occur either:
>
> \- during manufacturing or

\- during distribution.

> Data will be needed to show the relative proportion of moisture loss
> in these different locations since moisture loss is permitted only
> under good distribu­tion practices. Geographi­cal and seasonal
> varia­tions may apply.
>
> 7\. A description of the processing and packaging methods in use in
> the industry will be of great value, as will a description of the
> distribution system and time for manufacturing and distribu­tion. A
> descrip­tion of the existing net quantity control programs in place
> should be given, together with information on how compliance with
> Handbook 133 is obtained. A description of maintenance and inspection
> pro­cedures for the scales should be provided, together with
> informa­tion on suitability of equipment and other measurements under
> Handbook 44.
>
> 8\. A description of Federal and local agency jurisdiction and test
> should be given, as well as any regulatory history with respect to
> moisture loss and short weight. Has weights and measures enforcement
> gener­ated the request? What efforts have addressed the moisture loss
> issue prior to approaching the NCWM? Are the ap­propriate Federal
> agencies aware of the industry\'s request to the NCWM?
>
> 9\. The industry should propose the type of compliance system and/or
> moisture determina­tion methodology to be used. The compliance scheme,
> if it contains industry data components, should be susceptible to
> verification (exam­ples: USDA net weight tests for meat; exchange of
> samples with millers for flour) and should state what the companies
> will do to provide data to field inspection agencies in an ongoing
> fashion (as the gray-area approac­h re­quires). If in-plant testing is
> to be combined with field testing, who is to do such testing, and how
> is this to be accomplished? It should be possible to incor­porate the
> proposed testing scheme into Handbook 133 to be used with Category A
> or B sampling plans.
>
> When all the preliminary information recommended above has been
> collected, a field test of the proposed compliance scheme should be
> conducted by weights and measures enforce­ment officials to prove its
> viability.
>
> See the plan diagrammed on the next page.

**2.6.1. Retail Gas Sales and Metric Price Computa­tions in General**

(S&T, 1980, p. 227)

**Guideline**

The National Institute of Standards and Technology published equivalent
rounded values for metric equivalents of inch-pound units should be
used. They are:

> 3.785 411 784 liters = 1 gallon
>
> 0.264 172 052 4 gallon = 1 liter
>
> ![](media/image1.wmf)

A \"Rule of Reason\" should apply to the corrected value so that the
value used is consistent with the quantity of the transaction. The
converted value should never have fewer than four significant digits and
should have at least the same number of significant digits as the number
of significant digits in the quantity of product being converted. For
example, if a 1000 gallon delivery were to be converted to liters the
value would be 3785 liters; for 10 000 gallons, 37 854 liters; for 100
gallons, 378.5 liters.

In the case of expressing a unit price equivalent for consumer value
comparisons in retail gasoline sales, the following formula should be
used: (advertised, posted, or computing device unit price per liter) x
3.785 = (equivalent unit price per gallon, rounded to the nearest 1/10
cent.)

> **Examples:**
>
> 26.9 cents per liter x 3.785 = \$1.018 per gallon
>
> 26.8 cents per liter x 3.785 = \$1.014 per gallon
>
> 26.7 cents per liter x 3.785 = \$1.011 per gallon
>
> 26.5 cents per liter x 3.785 = \$1.003 per gallon
>
> 26.4 cents per liter x 3.785 = \$0.999 per gallon

This method is preferable to the alternative method of dividing the
price per gallon by 3.785, which results in the same price per liter for
three or more different prices per gallon when rounded to the 1/10 cent.

**2.6.2. Price Posting** []{#__RefHeading___Toc534602377 .anchor}

(L&R, 1981, p. 101)

**Guideline**

> 1\. Street Signs
>
> a\. Until such time as the sale of gasoline and other motor fuels is
> predomi­nately by metric measure­ment (liter), price per gallon
> information should be made readily available to all prospective
> customers.
>
> b\. All street, roadside, and similar advertising signs displaying
> product price should provide price per gallon information.
>
> c\. Signs showing the equivalent price per liter may also be used, but
> their use is optional and should not employ numerals larger than the
> equivalent gallon price display.

d\. Signs should show complete dollar and cents numerals, and they
should be clearly legible and of full size. An exception should be
granted to street signs that were designed to display only three
numerals (e.g., \$.899) and not four numerals as required for prices
over \$1.00 per gallon (e.g., \$1.259).  Until such signs can be
replaced or modified, it would be acceptable:

> \(1\) to attach an appropriate sign extension with the decimal
> fraction of a cent representation in alignment with the posted price,
>
> \(2\) to include a smaller fraction of a cent represen­tation with the
> last numeral of the posted price, or
>
> \(3\) to add the whole number \"one\" before the cents values.­
>
> e\. The changeover to advertising prices by the liter as a single mode
> of pricing should be established when 75 % of all retail outlets in a
> jurisdiction have converted their dispensers to metric measurement.
>
> 2\. Posting of Prices at the Dispenser
>
> Each retail outlet should use exclusively only one measurement method
> of sale (gallon or liter).  A change from one method to another should
> be carried out for all devices dispensing motor fuels in the retail
> outlet.
>
> In the case of liter sales, suitable posting of per gallon and per
> liter prices at the device, service island, premises of the retail
> outlet, or any other locations must be in accordance with State and
> local laws, regulations, and ordinances, and in a manner that
> facilitates consumer comparisons between the per gallon price and the
> per liter price. Additional requirements may be necessary to avoid
> uncertainty as to nomenclature, location, and size of information on
> signs.
>
> It is recommended that:

a\. Current and accurate price comparisons between gallon and liter
values be posted at the dispens­er within easy view of the customer and
visible from either side of the island;

> b\. The sign should show equivalent quantity and price information.
> For example:
>
> 27.1¢ per liter = \$1.026 per gallon
>
> 3.785 liters = 1 gallon
>
> c\. Letters and numerals should be at least 3/4 inch (19 mm) in height
> and 1/8 inch (3 mm) in width of stroke.
>
> 3\. Quantity and Price Display on Dispensers
>
> It is required that dispensers be designed to clearly show all
> required quantity and price information on the face(s) of a motor‑fuel
> dispenser in accordance with Handbook 44.­
>
> 4\. Dispenser Modification Kits
>
> As an interim alternative to \"half‑pricing,\" a number of computer
> modifica­tion kits have been installed to modify existing retail motor
> fuel dispensers that were not designed to compute and indicate prices
> over 99.9¢ per gallon.
>
> Some of the modification kits that have been referred to State weights
> and measures officials for approval have been rejected as failing to
> conform to Handbook 44 require­ments. It is recommended that all
> modification kits and future modifications of dispensers be so
> designed and made as to be in full compliance with all applicable
> require­ments of Handbook 44.

**2.6.3. Octane Posting Regulations** []{#__RefHeading___Toc534602378
.anchor}

(Liaison, 1979, p. 240)

**Guideline**

Weights and Measures officials should report to Federal Trade Commission
(FTC) any instances of failure to post octane ratings by service
stations.  These would most likely occur during routine inspections of
service station gasoline dispensers.  Reports should be made to the
appropriate FTC regional offices as listed below.

**Background**

As of June 1, 1979, the FTC requires the determination of octane ratings
by refiners, the certification of octane ratings by refiners and
dis­tributors, and the posting of octane ratings by retailers on all
gasoline pumps. The requirements are set forth in Public Law 95‑297, the
Petroleum Marketing Practices Act (PMPA), passed in June 1978 and the
Federal Trade Commission\'s Octane Rule, 16.C.F.R. Part 306. Although
the octane posting rule has no effect on most FTC programs administered
by State weights and measures officials with respect to checking
gasoline dispensing devices for accuracy, the Liaison Committee feels
that the Conference should be generally informed about the law and the
FTC rule, if only to be prepared to answer inquiries about it or for
some possible future enforcement de­mands.  Keeping apprised of
developments associated with the rule may be advisable.  In addition, it
will affect States which have octane certifica­tion and posting programs.

**Regional Offices, Addresses, and Telephone Numbers:**

> **Central Office:**
>
> Neil Blickman
>
> FTC Octane Rule Coor.
>
> 6th St. & Penn. Ave., N.W.
>
> Washington, D.C. 20580
>
> \(202\) 326-3038

+-----------------+----------------+----------------+-----------------+
| One Bowling     | 1999 Bryan     | Suite 1860     | Suite 570       |
| Green           | Street         |                |                 |
|                 |                | 55 East Monroe | 901 Market St.  |
| Suite 810       | Suite 2150     | St.            |                 |
|                 |                |                | Suite 570       |
| New York, NY    | Dallas, TX     | Chicago, IL    |                 |
| 10004           | 75201-6808     | 60603-5701     | San Francisco,  |
|                 |                |                | CA 94103        |
| \(212\)         | \(214\)        | \(312\)        |                 |
| 607-2829        | 979‑9350       | 960‑5634       | \(415\)         |
|                 |                |                | 356-5266        |
+-----------------+----------------+----------------+-----------------+
| Eaton Center    | 10877 Wilshire | Suite 5M35     | 915 Second      |
|                 | Blvd.          |                | Avenue          |
| Suite 200       |                | Midrise Bldg.  |                 |
|                 | Suite 700      |                | Suite 2896 -    |
| 1111 Superior   |                | 60 Forsyth St. | Federal Bldg.   |
| Ave.            | Los Angeles,   | S.W.           |                 |
|                 | CA 90024 (310) |                | Seatlle, WA     |
| Cleveland, OH   | 824-4343       | Atlanta, GA    | 98174           |
| 44114-2507      |                | 30303          |                 |
|                 |                |                | \(206\)         |
| \(216\)         |                | \(404\)        | 220-6350        |
| 263‑3455        |                | 656‑1390       |                 |
+-----------------+----------------+----------------+-----------------+

The preemption section of PMPA (204) reads as follows:

Section 204.  To the extent that any provision of this title applies to
any act or omission, no State or any political subdivision thereof may
adopt, enforce, or continue in effect any provision of any law or
regulation (includ­ing any remedy or penalty applicable to any violation
thereof) with respect to such act or omission, unless such provision of
such law or regulation is the same as the applicable provision of this
title.

Section 204 prohibits States and other political subdivisions from
enforcing requirements that are not the same as the applicable
provisions of this law.  Jurisdictions having octane requirements should
carefully review with their legal advisors the effect of this law.

The FTC\'s Octane rule was published in final form on March 30, 1979, in
the Federal Register (Vol. 44, No. 63, Part V, pp. 19160‑19172).  The
rule became effective June 1, 1979.

The law requires that refiners determine octane ratings of their
products, and certify them to their dis­tributors.  The distributors must
pass along the certification to the retailer, unless he blends the gas,
in which case he may have to certify his blend.­

A similar procedure relating to the posting of octane ratings is set
forth for the retailer. The Federal Trade Commission (FTC) is
responsi­ble for enforcement with respect to the accuracy of the
certified ratings. The FTC is also empowered to check records, which
must be retained for one year by each link in the distribution chain.

The FTC is in need of help from the State and local jurisdic­tions in the
area of surveillance and testing.  Such assistance could occur at a
number of levels.  Notice of octane mislabeling and failure to post
octane ratings is requested.

Other levels of assistance would concern jurisdictions that have octane
testing programs and would be interested in cooperating with FTC in
testing or in reporting discrepan­cies in octane rating.

Mr. Blickman of the FTC offers his assistance in answering any questions
concerning the FTC rule on octane posting, possible Federal‑State
coopera­tion, possible future State octane posting regulations, or any
other related activity.  Such communications should be directed to Neil
Blickman, Attorney, Division of Enforcement, Bureau of Consumer
Protection, FTC, Washington, DC 20580, Telephone: 202‑326‑­3038.

**2.6.4. Multi-Tier Pricing: Motor Fuel Deliveries** **(Computing Pumps
or Dispensers)** []{#__RefHeading___Toc534602379 .anchor}

(L&R, 1982, p. 150; L&R, 1985, p. 100)

(L&R, 1988, p. 162)

**Policy**

Charging different prices for the same product depend­ing upon the manner
of payment, other purchases, amount of service, etc., is a manage­ment
decision of the merchan­diser. Those merchants who elect to offer
multiple prices for motor fuel must comply with the state and local
weights and measure laws and regula­tions, including Handbook 44. They
must also make marketing decisions that comply with state truth in
lending, cash discount, price ad­vertising, and usury laws. All such laws
are intended to prohibit deceptive, mislead­ing, or mis­representa­tive
informa­tion being given to the consumer. The following guidelines are
intended to apply to price advertis­ing or posting at the streetside or
highway as well as at the pump or dispenser, and to the price com­puted
at the device. These guidelines are applicable to other dis­count or
combination offers (such as com­bination purchases of car wash and gas,
for example).

> 1\. If a price is posted or advertised, it must be avail­able to all
> qualified cus­tomers. If any condi­tion or qualifica­tion is required to
> obtain the posted price, that condi­tion must also be posted clearly
> and under­stand­ab­ly, in conjunction with the price, wherever it is
> posted.
>
> 2\. The lowest price may be posted or advertised by itself as long as
> any re­strictions for receiving that price (for example, \"cash only\")
> are also clearly posted or adver­tised in conjunction with the price
> and as long as other state require­ments do not prohibit it. For
> example, certain states require that all prices available from a given
> retail location must be posted on streetside signs if any prices are
> posted.
>
> 3\. If the merchandiser elects to establish separate devices or
> islands for sale of the same product at different prices, the devices
> or is­lands shall be clearly identified as \"cash,\" \"credit,\"
> \"self-serve,\" or other ap­propriate wording to avoid customer
> confusion.
>
> 4\. The use of a single-price-computing dispenser for sale of motor
> fuel at multiple unit prices is inappropriate, facilitates fraud, and
> should be eliminated. The NCWM should adopt a plan and timetable for
> changeover to devices that can compute and display final money values
> for multiple prices.

**2.6.5. Cereal Grains and Oil Seeds** []{#__RefHeading___Toc534602380
.anchor}

(L&R, 1981, p. 95)(Amended 1996)

**Interpretation**

The addition of water to grain for the purpose of adding weight prior to
selling grain by weight is an illegal practice under Federal laws.

**Note:** Effective February 11, 1995, the Federal Grain Inspection
Service adopted a regulation in 7 CFR Part 800.61 prohibiting the
application of water to grain except for milling, malting, or similar
processing operations. See Volume 59, No. 198 for Friday October 14,
1994, or page 52,071, for additional information.

**Background**

A letter from the Oklahoma Grain and Feed Association was forwarded to
the Committee asking whether the addition of water to grain is legal. 
The request was prompted by an article reporting on methods of adding
water to grain to bring the moisture content up to market standards. 
For example, when soybeans are sold at 8 % moisture content, there is
less weight sold (and less revenue for the soybeans to the seller) than
if water were added to the same soybeans to bring them to 10 % moisture
content.

However, the Committee is greatly concerned about the ramifications of
such practices.  Many grain experts do not believe that over-dried grain
should be valued as highly as grain at moisture contents close to market
standards.  Overly dry grain is more susceptible to breakage, for
example.

Water added after harvest will not be taken up chemically the way that
naturally moist grain binds water.  Errors in adding water or the
particular biochemical nature of the grain after addition of water can
lead to spoiled grain.  Studies on the long‑term keeping qualities of
grain with water added have not been carried out.  The calibration of
moisture meters is based on naturally moist grain, and there is a known
difference between the electrical properties of naturally moist grain
and grain with moisture added.

Of a more basic nature, however, the Committee recognizes the fact that
a grain buyer purchases grain expecting such grain to be naturally moist
or dried, not to be with water added.  The seller who adds water to
grain solely to add weight, therefore, misrepresents his product.

Both the Food and Drug Administration and U.S. Department of Agriculture
have sent letters to the Committee indicating that the addition of water
to grain solely for the purpose of adding weight is an illegal
practice.  Because existing Federal laws already prohibit this practice,
the Committee recommends no further action on the part of the Conference
at this time.

**2.6.6. Basic Engine Fuels, Petroleum Products, and Lubricants
Laboratory** []{#__RefHeading___Toc534602381 .anchor}

(L&R, 1994, pp 129-135)

(Developed by the Petroleum Subcommittee.)

**Introduction**

The engine fuel testing laboratory is an integral element of an engine
fuel inspection program and is generally developed to satisfy the
testing requirements as described in the laws and rules of the
regulating agency. This document outlines the basic facets of an engine
fuels testing laboratory and can be used as a model to initiate or
upgrade an engine fuels testing program. Since a fuels testing program
is of little value unless recognized standards and methods are utilized,
this description of a model laboratory has been developed under the
assumption that the universally recognized American Society for Testing
and Materials (ASTM) standards and test methods have been incorporated
into the laws, rules, and policies of the regulating agency.

This document provides sufficient information to investigate costs
associated with the development of a model fuels testing laboratory.
Information pertaining to facility needs, recommended ASTM test
procedures, test equipment, and the number of personnel required for
staffing has been included. Hidden costs associated with the unique
working environment of laboratories are often overlooked during initial
evaluations; therefore, sections have also been included dealing with
quality assurance, safety, and hazardous materials.

Laboratories may be required to perform additional analyses outside the
purview of consumer regulations, e.g., analyses pertaining to
environmental regulations or tax fraud investigations. This document
will not address those areas specifically; however, information
presented here may assist in the determination of general costs and
requirements.

**State‑Operated or Contract**

The decision to operate a State testing laboratory, to enter into a
contractual agreement with a private fuels testing laboratory, or to
have a hybrid of the two depends on a variety of factors: the scope of
the program, funding sources, political climate, etc. The question is
often asked: \"Is there a point at which it is cheaper for a State to
operate its own fuels testing laboratory?\" The Motor Fuel Task Force
assembled in 1984 concluded that a program testing 6000 samples per year
(500 samples per month) is the minimum level to justify building and
equipping a fuels testing laboratory.

This estimate remains a valid guideline for determining the practicality
of the initial investment for a fuels testing laboratory. However,
consideration must be given to the time required for a laboratory to
complete the analyses. The value of any inspection program is diminished
if laboratory turnaround time is so great that the product is consumed
before the results of an analysis are known. If a contract laboratory is
chosen, analysis time should be given consideration during negotiations
to ensure an effective program; likewise, a State-owned laboratory
should be assured the proper resources, e.g., a full staff and well
maintained instruments, to be able to meet a satisfactory turnaround
time.

**Laboratory Facility**

A fuels testing laboratory requires a unique building designed to
accommodate laboratory instruments ranging from a delicate gas
chromatograph to octane engines capable of producing severe vibrations.
In addition, extremely flammable liquids will be stored and tested
throughout the facility. Obviously, the facility design must minimize
the chances of explosion and fire and also be capable of withstanding
the forces of an explosion. National Fire Protection Association (NFPA)
45, \"Standard on Fire Protection for Laboratories Using Chemicals,\"
should be reviewed with contractors to ensure minimum standards are met.

Special considerations should be given to the following:

> 1\. Sufficient ventilation to ensure that workers are not unduly
> exposed to gasoline fumes or other toxic vapors.
>
> 2 .Fume hoods and exhaust systems in laboratory areas.
>
> 3\. Drain lines resistant to acid and petroleum products.
>
> 4\. Traps to prevent petroleum products from entering the sewer
> system.
>
> 5\. Special foundations for ASTM/Cooperative Fuel Research Committee
> (CFR) engines. It is recommended that sufficient foundations for
> future expansion be installed during initial construction.
>
> 6\. Necessary safety equipment, such as fire blankets, fire
> extinguisher, eyewash stations, etc.
>
> 7\. Automatic fire extinguishing system for laboratory areas. The
> extinguishing system\'s design should include considerations regarding
> the susceptibility of laboratory instruments to damage when exposed to
> water or dry chemicals.
>
> 8\. An adequate heating, ventilation, and air conditioning (HVAC)
> system to handle excess heat generated by distillation instruments and
> octane engines.
>
> 9\. A properly designed and sized electrical system.
>
> 10\. The laboratory\'s design must ensure that all fuels testing can
> be performed in accordance with ASTM requirements. This consideration
> is especially important for the CFR engines. Volume 05.04 of the
> Annual Book of ASTM Standards contains valuable information regarding
> the design of a knock-testing laboratory.
>
> 11\. Automatic hydrocarbon monitors to warn of critical accumulation
> of explosive vapors.

Several fixed equipment items are necessary for the laboratory\'s
operation, including:

> 1\. Air compressor and piping of sufficient size to supply the entire
> laboratory\'s needs.
>
> 2\. Gas and water piped to all areas of the laboratory.
>
> 3\. Storage area for excess fuel after analyses. Depending on the
> number of samples, this may consist of a properly ventilated storage
> area with 55-gallon drums to several 500-gallon storage tanks. (Larger
> tanks may be needed if they are to supplement the program\'s
> vehicle\'s needs.)

The size of the laboratory will depend upon the needs of the agency and
the scope of the fuels testing laboratory. The following space listing
is for a small laboratory capable of testing approximately 6000 samples
per year. Some space requirements, such as those for octane testing, may
seem large, but it is strongly recommended that two additional engine
foundations be installed during initial construction.

> 1\. Offices, bathroom facilities, conference room, etc. (as required).
> No space requirements are listed as this must be determined by the
> user based on program needs and local building codes.
>
> 2\. Octane laboratory - designed for four engines (75 m^2^ \[800
> ft^2^\])
>
> 3\. General laboratory (70 m^2^ \[750 ft^2^\])
>
> 4\. Distillation laboratory 37 m^2^ \[400 ft^2^\])
>
> 5\. Shipping and receiving (includes preparation area for empty sample
> containers) (37 m^2^ \[400 ft^2^\])
>
> 6\. Flash point laboratory (19 m^2^ \[200 ft^2^\])
>
> 7\. Shop area (23 m^2^ \[225 ft^2^\])
>
> 8\. Storage for supplies (23 m^2^ \[225 ft^2^\])
>
> 9\. Secured, cooled, and ventilated sample and flammable storage area
> (23 m^2^ \[225 ft^2^\]). (Insulation and a dedicated ventilation and
> cooling system should be considered for this room.)

Total square footage (exclusive of item 1) \-- 30 m^2^ (3225 ft^2^).
Including offices, bathroom facilities, hallways, etc., the total
building size may exceed 372 m^2^ (4000 ft^2^).

**Tests and ASTM Test Procedures**

Careful consideration should be given to the selection of laboratory
test procedures since these selections will affect instrument costs,
number of personnel, timeliness of samples, and confidence in results.
As previously mentioned, ASTM specifications and test methods are
universally recognized standards for engine fuels and should be the
primary choice for test procedures. The ASTM Subcommittee D 02 on
Petroleum Products and Lubricants is responsible for developing engine
fuel specifications and is generally comprised of representatives from
the petroleum industry, automotive manufacturers, and regulating
agencies. This representation ensures that test procedures have been
reviewed by each segment of the testing community and laboratory results
obtained utilizing these procedures will be widely accepted.

New instrumental methods are often introduced to facilitate testing
engine fuels. Chemical methods have been devised to replace or screen
physical methods which may enhance efficiency by reducing staff or
analysis time necessary to perform physical methods. These methods are
normally devised for a controlled environment, such as a processing
plant, where the chemical components of the samples are generally known
and a correlation between the chemical components and physical
parameters may be drawn with confidence. A new laboratory is cautioned
to refrain from investing in this instrumentation and the laboratory
expertise necessary to perform the test procedure until the test
procedure has been approved through ASTM. Screening methods have been
employed by State laboratories to maintain or increase sample coverage.
Screening procedures are a deviation of accepted ASTM procedures;
certain sections of a procedure may be excluded or modified, such as
chilling a sample to the appropriate temperature or accurately timing a
distillation analysis. When a screened sample exceeds a predetermined
parameter, the sample is analyzed using the proper ASTM procedure.
Screening should be discouraged as a means to increase sample coverage.
Strategies, such as selective sampling and testing, should be employed
as a means for effective regulation.

Following are references to ASTM fuel specifications and testing
procedures which form an effective nucleus for an engine fuels testing
laboratory with consumer regulatory responsibilities. ASTM test methods
listed here do not necessarily exclude other ASTM procedures that are
designed for the purpose and that give comparable results. While
kerosene is typically not used as an engine fuel, the test procedures
are very similar to the diesel test procedures; therefore, many States
include kerosene in their jurisdiction for fuels testing. The
significance of each of these analyses is included in the ASTM
specifications. Asterisks after test methods indicate a preferred method
due to cost or ease of implementation.

**Spark Ignition Engine Fuel**

**Specifications D 4814**

1\. Distillation D 86

2\. Octane (Antiknock Index)

Research D 2699

Motor D 2700

3\. Vapor Pressure

Dry Method D 4953

Automatic Method D 5190 \*

Mini Method D 5191 \*

4\. Oxygenate Content D 4815

5\. Sulfur Content

X-Ray Spectrometry D 2622

Microcoulometry D 3120

X-Ray Fluorescence D 4294

6\. Lead Content D 3237

D 5059

7\. Workmanship D 4814

**Diesel Fuel Specifications D 975**

1\. Flash Point D 93

2\. Distillation D 86

3\. API Gravity D 1298

4\. Sulfur Content

X-Ray Spectrometry D 2622

X-Ray Fluorescence D 4294 \*

5\. Cloud Point D 2500

6\. Water and Sediment D 1796

### Kerosene Specifications D 3699

1\. Flash Point D 56

2\. Distillation D 86

3\. Sulfur Content

X-Ray Spectrograph D 2622

X-Ray Fluorescence D 4294 \*

4\. Color D 156

5\. Water and Sediment D 1796

**Aviation Turbine Fuel D 1655**

1\. Flash Point D 56

2\. Distillation D 86

3\. Water Reaction D 1094

4\. Freezing Point D 2386

**Laboratory Equipment and Supplies**

Scientific instrumentation is typically more expensive than initially
anticipated even when one has experience purchasing equipment. ASTM has
recently approved methods utilizing automated instruments that may prove
to be a better long-term investment when the costs of operating
personnel are included.

**Octane Testing**

> 1 CFR Research Method Engine \$ 106,000
>
> 1 CFR Motor Method Engine 106,000
>
> 1 Fuel Blending System 4,000
>
> Humidity controller for CFR engines 2,000
>
> Complete set of tools 5,000
>
> Lift for removing cylinders 2,500
>
> Supplies, spare parts, etc. 25,000
>
> Total \$ 250,500

**Distillation Testing**

> 2 Explosion proof refrigerators
>
> (18 cu ft) \$ 5,500
>
> 1 Mercury barometer 350
>
> 2 Mechanically refrigerated 4-unit distillation
>
> apparatus 8,000
>
> 1 Temperature-controlled bath 2,000
>
> Total \$ 15,850

**Note:** Automated distillation units (\$ 20,000 each) may be
substituted for the manual distillation units. The increased cost can be
justified by a reduction in staff and an increase in precision.

> **Vapor Pressure (RVP) Testing**
>
> 1 Grabner \$ 13,000
>
> 1 McCleod gauge 300
>
> 1 Vacuum pump (2-Stage) 350

Total \$ 13,650

> **Sulfur Testing**
>
> 1 X-Ray fluorescence analyzer \$ 25,000
>
> Total \$ 25,000
>
> **Oxygenate Testing**
>
> 1 Gas chromatograph \$ 30,000
>
> Total \$ 30,000
>
> **Lead Testing**
>
> 1 Atomic absorption instrument \$ 22,000
>
> Total \$ 22,000
>
> **Diesel-Kerosene Testing**
>
> 2 Tag-closed cup flash testers \$ 3,000
>
> 2 Pensky-Martens flash testers 5,000
>
> 10 Hydrometers for API gravity 250
>
> 1 Saybolt chronometer for color test 1,800
>
> 1 Cloud/Pour Point apparatus 8,000
>
> Total \$ 18,050
>
> **Miscellaneous Items**
>
> 100 Sample cases for sample transportation \$ 14,000
>
> 1,200 Sample containers 4,000
>
> 1 Oven for drying sample containers (glass) 3,500
>
> 1 7.6 liter/hour water still 4,000
>
> 1 Analytical balance 3,000
>
> 2 Bottle washers 4,000
>
> Total \$ 32,500

**Information Management System**

No recommendations are made for an information management system.
However, it should be noted that an information management system is an
effective tool to manage data and statistical information when devising
sampling strategies and when measuring the general effectiveness of a
program.

Minimum requirements for an information management system include a
database server and database adequate to handle sample biographical and
analyses information. A means to network technicians and staff to the
information is necessary to facilitate transfer of information.
Considerations for software security and equipment security (limited
access to the database server) should be given to ensure the integrity
of the data.

Many departments have established information management centers which
are consulted for this information. Generally, these departments have a
particular protocol for developing an information management system.

**Office Equipment and Supplies**

No listing is given since needs are determined by the program\'s scope.
However, the cost of items such as desks, filing cabinets, typewriters,
forms, and miscellaneous office supplies must be considered when
planning an initial budget.

**Summary**

> Octane Testing \$ 250,500
>
> Distillation Testing 15,850
>
> RVP Testing 13,650
>
> Sulfur Testing 25,000
>
> Oxygenate Testing 30,000
>
> Lead Testing 22,000
>
> Diesel-Kerosene Testing 18,050
>
> Miscellaneous Items 32,500
>
> Information Management System (as needed)
>
> Office Equipment and Supplies (as needed)
>
> Total \$ 407,550
>
> Annual Operating Expenses (excluding 120,000
>
> expenses)

**Quality Assurance/Quality Control**

The previous sections have addressed structural aspects of an engine
fuels testing laboratory: building requirements, testing procedures, and
analytical instruments. The management system for a laboratory is as
unique as the structural requirements. Quality assurance/quality control
programs were originally devised to give statistical verification of
analytical results; however, they are now evolving to become the
standard management model for laboratories. Chain of custody procedures,
sample retention procedures, sample distribution procedures, and
documentation of each step has been integrated into the quality
assurance program.

The petroleum industry, as well as many other industries, has recently
shown an inclination toward the International Organization for
Standardization (ISO) model quality assurance program, ISO 9000, which
provides guidelines for implementation of a quality system. ISO 9000
addresses fundamental issues of a quality system including the
responsibilities of management, necessary documentation, provisions for
internal and external audits, personnel requirements, environmental
considerations, equipment suitability, traceability, and record keeping.
ISO/IEC Guide 25, \"General Requirements for the Competence of
Calibration and Testing Laboratories,\" provides an overview of the
requirements for an ISO 9000 quality system. There is no accreditation
program specifically for State engine fuels testing laboratories, and
ISO 9000 accreditation is currently quite expensive; however, the ISO
9000 is an excellent model to use in developing a management system.

Regulatory agencies, the regulated industry, and consumers must have
confidence in analytical results obtained from the testing laboratory.
Statistical verification of obtained results will come through
performing tests on internal quality assurance samples (standards,
duplicates, spikes, etc.) and exchanging samples with other
laboratories. ASTM operates a National Exchange Group (NEG) to
distribute fuels among participating laboratories and provides a
statistical report of the results. There are three subgroups of the NEG:
the Motor Fuel Exchange Group, the Diesel Fuel Exchange Group, and the
Aviation Gasoline Exchange Group. Of the three types of participation,
only two will concern a state laboratory: a \"member\" laboratory
receives monthly samples and agrees to participate in special methods
research; and a \"quarterly participant\" receives two sets of samples
every 3 months but is not bound to run special tests. The fee for
members or for quarterly participants is \$150 per year. The NEG will
provide a means for assessment of quality at the national level. There
are also regional groups which provide similar quality assessment
exchange programs: Appalachian, Atlantic, Great Lakes, Mid-Continent,
Northwest, Pacific Coast, Rocky Mountain, Texas Regional Groups and LA
Gulf Coast, Sabine, and Texas City-Houston Subgroups. In addition, ASTM
has established the Interlaboratory Crosscheck Program which is an
exchange program covering an expanded range of test procedures. If a
laboratory is required to perform the full set of ASTM tests listed in
the specifications for gasoline, diesel, and aviation gasoline, this
particular program will be useful in collecting pertinent quality
assurance information.

**Safety Program**

A laboratory can be an extremely hazardous work environment, so safety
must be integrated into all operations of a laboratory. The Occupational
Safety and Health Administration (OSHA) established a requirement
effective January 1, 1991, for laboratories to develop a Chemical
Hygiene Plan (29 CFR 1910.1450). The guidelines for the Chemical Hygiene
Plan were left intentionally general so that an organization\'s plan
could be customized for unique situations in individual laboratories.
The Chemical Hygiene Plan details an organization\'s responsibilities
for safety training, supply and maintenance of safety equipment and
personal protective equipment, monitoring employee\'s exposure level to
hazardous chemicals, medical consultation and examination, and
availability of documents addressing safety procedures and emergency
response. The Chemical Hygiene Plan is required to be reviewed annually
which provides a format to plan and track improvements.

Reference documents are an essential part of an effective safety
program. Safety procedures should accompany and complement testing
procedures to ensure an employee is performing functions in an
acceptable manner. Emergency response manuals address hazardous or
potentially hazardous situations. Proper procedures for handling large
spills, evacuation of work areas, and employees who have been
overexposed to hazardous materials are typically found in the emergency
response manual. Material Safety Data Sheets (MSDS) contain pertinent
information regarding the hazards of chemicals and the necessary
precautions. These documents should be distributed to employees or
located in an easily accessible location.

Coordination with local fire and hazmat (hazardous material) departments
is essential to ensure rapid emergency response. A chemical inventory
and a diagram of the laboratory space is often requested by these
departments to expedite their response. Periodic review of the chemical
inventory will ensure unnecessary chemicals will be disposed of in a
timely manner.

The most effective safety tool is thorough training of employees. Each
new employee should be trained with the Chemical Hygiene Plan, safety
procedures, emergency response manual, and MSDS\'s. Subsequent review
sessions should be scheduled to ensure familiarity of individual
responsibilities and actions. Educational videos are available
specifically addressing laboratory safety which can assist in the
training process. Hands-on training should be utilized to demonstrate
the proper use of fire extinguishers, fire blankets, and other safety
equipment in the laboratory. An effective safety program will produce
aware employees who can suggest enhancements to improve the safety of
the laboratory.

Personal safety equipment should be provided to all laboratory
personnel. Eye protection, lab coats/aprons, and gloves will provide
minimum protection. If the use of a fume hood is not practical and an
employee is exposed to petroleum or other chemical fumes, organic
respirators should be provided to minimize exposure. Determination of
which equipment is necessary for handling particular chemicals can be
found in the MSDS accompanying the chemicals.

General laboratory safety equipment should be considered during the
design or selection of a building. In addition to a good ventilation
system, fume hoods should be provided where practical to isolate fumes
from the laboratory. Due to the explosive nature of gasoline, even
safety equipment needs to be evaluated for safety; for example,
explosion-proof motors should be installed to evacuate fumes from a
hood. Eyewash stations, fire extinguishers, emergency showers, and fire
blankets should all be placed strategically for maximum protection.

In the event of a spill or fire, several safety items will prove useful.
Activated charcoal, sold under a variety of names, is effective for
absorbing small petroleum spills with the added benefit of quickly
reducing vaporization. Other companies offer pads to quickly absorb
spills. Similar products are offered to neutralize and adsorb acids and
bases. Safety signs should be posted at the entrance of each laboratory
room listing possible hazards and restricted activities (e.g., No
Smoking, Flammables, Eye Protection Required, etc.). These signs assist
visitors and emergency response personnel to identify hazards quickly.

**Hazardous Waste**

Engine fuels testing laboratories generate small quantities of hazardous
waste. Used oil from CFR engines and waste chemicals from various
analyses must be stored and disposed in an appropriate manner. The
majority of regulations for storage, disposal, and documentation of
hazardous materials may be found in EPA\'s SARA Title III, 40 CFR 1500.
Additional regulations and permits may be required by State, county or
municipal agencies. Familiarity with the regulations will be
advantageous when considering the design of the laboratory. Specific
expenses related to hazardous waste disposal will often be determined by
local regulations and the availability of hazardous waste handlers.

**Personnel**

The staffing requirements for an engine fuels testing laboratory will be
dependent on the number of samples, the number of tests performed on the
samples, and the testing instruments chosen. The staff recommended here
will be suitable for a laboratory with moderate automation (auto-sampler
for the gas chromatograph, automated RVP instrument, etc.) running
approximately 6000 to 8000 samples per year.

1 Laboratory Administrator

2 Chemists

2 CFR Engine Operators

2 Laboratory Technicians

1 Clerk

The laboratory administrator should have strong management skills and
familiarity with laboratory operations and chemical techniques. The
administrator\'s responsibilities include the development and
implementation of the quality assurance program, safety program, and
hazardous waste program, as well as providing guidance for the daily
operations of the laboratory.

The chemists should have a strong chemistry background and familiarity
with instrumental techniques. In addition to normal analytical
responsibilities, chemists should assist with the review of analytical
results by technicians. Chemists also can assist in the development and
implementation of the quality assurance, safety, and hazardous waste
programs.

The engine operators are the most difficult positions to fill. The ideal
operator will have petrochemical experience with a mechanic\'s
background since the majority of the engine maintenance will be
performed by the operators. The petroleum industry estimates
approximately 5 years of engine operation is necessary to develop an
expertise. To expedite this process, engine operators should
periodically attend training workshops. Laboratory technicians should
have laboratory experience and a familiarity with scientific methods.
Cross training of these individuals is an effective means of maintaining
an even workflow through the laboratory.

**Concluding Note**

There is no better way to understand the complexities of testing than to
visit a state with an active program. Several States, such as Arkansas,
California, Florida, Georgia, Maryland, North Carolina, Missouri,
Michigan, Washington, and Tennessee (a contractual laboratory) have
active programs and are willing to host tours of their facilities.
Interested parties are encouraged to make such a visit.

**References:**

John E. Nunemaker, \"Planning Laboratories: A Step by Step Process\"
*American Laboratory* March 1987, *19* (4), 104-112.

Jerry Koenigsberg, \"Building a Safe Laboratory Environment\" *American
Laboratory* June 1987, *19* (9), 96-106.

**2.6.7. Product Conformance Statements**
[]{#__RefHeading___Toc534602382 .anchor}

**Interpretation**

References to a product\'s conformance with product standards (for
example, \"manufactured to standard EN235\" or similar product
conformance statements) on labels for wallcovering or other products,
are not considered qualifying terms and do not violate § 6.12.1.
Supplementary Quantity Declarations of the Uniform Packaging and
Labeling Regulation, *provided* the requirements of § 8.1.4. Free Area
are met.

**Background**

The Wallcovering Manufacturers Association (WMA) requested the
Conference\'s position on the use of conformance statements on the
labels of wallcovering and border material. This issue relates to
wallcovering products that originate from manufacturers in Europe where
a declaration of conformance to a specific govern­ment standard is
required on consumer packages. Thousands of product \"standards\" or
\"Euronorms\" are being estab­lished for the European Community.
Conformance declarations are required to provide consumers and customs
officials with information on the product. The issue relates to the use
of such statements as \"manufac­tured to standard EN235\" on labels of
wallcovering that are imported from Europe. The WMA requested the
Committee\'s opinion on the use of this type of statement if a package
is labeled in conformance with sections § 6.12.1. - Supplementary
Quantity Declarations and § 8.1.4. - Free Area. One question is whether
the display of the conformance statement would be permitted provided
that it did not include an unacceptable quantity declaration. Another
question concerns the need to comply with the requirement for adequate
free area around the quantity declaration when the conformance
declaration is placed on the label. It was the Committee\'s opinion that
conformance statements on package labels would not violate any
provisions of the PLR if the requirements of § 6.12.1. and 8.1.4. are
met.

The Committee recommended this interpretation for inclusion in Handbook
130 because it is likely that this type of notice will become common as
more and more free market trading areas are opened to expand
internation­al trade. This interpretation does not indicate acceptance or
endorsement of any requirements contained in product conformance
statements.

(Added 1992)

**2.6.8. Commodities Under Federal Trade Commission Jurisdiction under
the Fair Packaging and Labeling Act and Exclusions**
[]{#__RefHeading___Toc534602383 .anchor}

The following lists indicate the commodities and commodity groups that
are and are not within the scope of the Fair Packaging and Labeling Act
administered by the Federal Trade Commission (FTC). The following codes
appear with each excluded commodity and designate the reason that the
particular commodity has been excluded.

**BATF -** designates commodities subject to laws administered by the
Bureau of Alcohol, Tobacco, and Firearms.

**CI (Commission Interpretation) -** designates those categories that
have been excluded by the Commission in the light of legislative history
of the definition of \"consumer commodity.\" By applying this definition
to individual commodities, the Commission has more narrowly applied the
latter term and set forth a list of items that do not meet the criteria
of consumer commodities. On occasion the Commission is requested in both
a formal and informal manner to consider individual products and to
determine their status relative to the definition of \"consumer
commodity\" as it is used in the Act.

**EPA -** designates commodities subject to the Federal Environmental
Pest Control Act of 1972 administered by the Environmental Protection
Agency.

**FDA -** designates those commodities which are subject to regulation
by the Food and Drug Administration either under the portion of the FPLA
administered by that agency or the Federal Food, Drug, and Cosmetic Act
(Section 10(a)(3) and Section 7 of the FPLA). Following the code FDA
will be a letter further designating the commodity as either a food (F),
drug (D), cosmetic (C), or device (DV).

**USDA -** designates those commodities excluded from jurisdiction by
Section 10(a) of the FPLA and represents a commodity within one of the
following categories: meat or meat products, poultry or poultry
products, or tobacco or tobacco products.

It may be of some help in ascertaining whether a particular product is
or is not included within the FPLA definition of \"consumer commodity\"
and thus subject to FTC jurisdiction under that Act, to refer to the
following definition:

> *\". . . 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 is
> usually consumed or expended in the course of such use.\"*

By applying these criteria to the particular product in question and
then reviewing the list of excluded commodities, the observer will be
able, in most instances, to determine the status of the item. In the
event, however, that the observer is unable to ascertain whether a
particular commodity is covered or excluded from FTC jurisdiction,
contact FTC for an opinion.

**Commodities Included Under FTC Jurisdiction**

1\. Soaps and Detergents

a\. Powder, flakes, chips, etc.

b\. Liquid

c\. Paste, cake, or tablet

2\. Cleaning Compounds

a\. Liquid

b\. Powder

c\. Paste or cake

d\. Solvent and cleaning fluids for home use

3\. Laundry Supplies

a\. Conditioners and softeners, ironing aids, distilled water

b\. Sizings and starches

c\. Bluings and bleaches

d\. Pre-soaks, enzymes, etc.

4\. Cleaning Devices

a\. Sponges and chamois

b\. Steel wool, scouring and soap pads

5\. Food Wraps

a\. Plastic and cellophane

b\. Wax paper and paper

c\. Foil (aluminum wrap)

6\. Paper Products

a\. Toweling

b\. Napkins, table cloths, and place mats

c\. Facial tissues

d\. Bathroom tissues

e\. Disposable diapers

f\. Crepe paper

g\. Other (e.g., shelf paper, wrapping paper, eye glass tissues, etc.)

7\. Waxes and Polishes

a\. Powder

b\. Liquid

c\. Paste and cake

d\. Other (e.g., polish impregnated cloths, scrath removers, etc.)

8\. Household Supplies

a\. Matches

b\. Candles

c\. Toothpicks

d\. Cordage (string, twine, rope, clothes line, etc.)

e\. Drinking straws

f\. Lighter and propane torch fuel, flints, pipe cleaners, etc.

g\. Lubricants

h\. Picnic supplies

i\. Sand paper and emory paper

j\. Charcoal briquets, chips, logs, etc.

k\. Dyes and tints

l\. Camera film, photo supplies and chemicals

m\. Protective foil cooking utensils

n\. Aluminum foil cooking utensils

o\. Christmas decorations

p\. Solder

q\. LPG for other than home heating or cooking

r\. Waxes for home use

s\. Light bulbs

t\. Dry cell batteries

u\. Pressure sensitive tapes, excluding gift tapes

9\. Containers

a\. Paper (plain, waxed, or plastic coated)

b\. Foil

c\. Plastic or Styrofoam

10\. Air Fresheners and Deodorizers

a\. Potpourri

11\. Adhesives and Sealants

12\. Cordage

# 

# 

# Commodities Excluded from FTC Jurisdiction

+-----------------------------------------------------------------------+
| ADHESIVE TAPE (FDA-D)                                                 |
|                                                                       |
| ALCOHOLIC BEVERAGES (BATF)                                            |
|                                                                       |
| ALUMINUM CLOTHESLINE (plastic clothesline with a steel core) (CI)     |
|                                                                       |
| ANTIFREEZE (CI)                                                       |
|                                                                       |
| ARTIFICIAL FLOWERS AND PARTS (CI)                                     |
|                                                                       |
| AUTOMOTIVE ACCESSORIES (floor mats, seat covers, spare parts, etc.)   |
| (CI)                                                                  |
|                                                                       |
| AUTOMOTIVE CHEMICAL PRODUCTS (auto polish, wax, and finish            |
| conditioner, rubbing compound, tire paint, chrome polish, gasoline    |
| additives, etc.) (CI)                                                 |
|                                                                       |
| BATH OIL AND BUBBLE BATH (FDA-C)                                      |
|                                                                       |
| BICYCLE TIRES AND TUBES (CI)                                          |
|                                                                       |
| BOOKS (CI)                                                            |
|                                                                       |
| BOTTLED GAS (cooking or heating) (CI)                                 |
|                                                                       |
| BRUSHES (bristle, nylon, etc., including hair-brushes, toothbrushes,  |
| hand and nail brushes, paint brushes, etc.) (CI)                      |
|                                                                       |
| BROOMS AND MOPS (glass, floor, and dish mops, etc.) (CI)              |
|                                                                       |
| \"BUG PROOF\" SHELF PAPER (EPA)                                       |
|                                                                       |
| CANDLE HOLDERS (without candles) (CI)                                 |
|                                                                       |
| CAMERAS (CI)                                                          |
|                                                                       |
| CHINAWARE (CI)                                                        |
|                                                                       |
| CHRISTMAS LIGHT SETS (replacement or other bulbs sold separately are  |
| not excluded) (CI)                                                    |
|                                                                       |
| CIGARETTE LIGHTERS (CI)                                               |
|                                                                       |
| CLOTHESPINS (CI)                                                      |
|                                                                       |
| CLOTHING AND WEARING APPAREL (socks, gloves, shoelaces, underwear,    |
| etc.) (CI)                                                            |
|                                                                       |
| COMPACTS AND MIRRORS (CI)                                             |
|                                                                       |
| COSMETICS (Defined by Section 201(i) of the Food, Drug, and Cosmetic  |
| Act as \"(l) articles intended to be rubbed, poured, sprinkled, or    |
| sprayed on, introduced into, or otherwise applied to the human body   |
| or any part thereof for cleansing, beautifying, promoting             |
| attractiveness, or altering the                                       |
+-----------------------------------------------------------------------+
| appearance, and (2) articles intended for use as a component of any   |
| such articles; except that such term shall not include soap.\")       |
| (FDA-C)                                                               |
|                                                                       |
| COTTON PUFFS (Sterilized) (FDA-D)                                     |
|                                                                       |
| CRYSTALWARE (CI)                                                      |
|                                                                       |
| DETERGENT BAR WITH ANY DRUG OR COSMETIC CLAIM (If the observer        |
| experiences difficulty in ascertaining whether or not a given product |
| is a soap or a detergent, contact the manufacturer or FDA.) (FDA-D or |
| C)                                                                    |
|                                                                       |
| DECORATIVE MAGNETS (CI)                                               |
|                                                                       |
| DEVICES (Defined by Section 201(h) of the Food, Drug, and Cosmetic    |
| Act as \"instruments, apparatus, and contrivances, including their    |
| components, parts, and accessories, intended (1) for use in the       |
| diagnosis, cure, mitigation, treatment, or prevention of disease in   |
| man or other animals; or (2) to affect the structure or any function  |
| of the body of man or other animals.\" This category includes         |
| trusses, syringes, arch supports, etc.) (FDA-DV)                      |
|                                                                       |
| DIARIES AND CALENDARS (CI)                                            |
|                                                                       |
| DISINFECTANTS (EPA)                                                   |
|                                                                       |
| DRUGS (Defined by Section 201(g) (1) of the Food, Drug, and Cosmetic  |
| Act as \"(a) articles recognized in the official United States        |
| Pharmacopeia, official Homeopathic Pharmacopeia, or official National |
| Formulary, or any supplement to any of them; and (b) articles         |
| intended for use in the diagnosis, cure, mitigation, treatment, or    |
| prevention of disease in man or other animals; and (c) articles       |
| (other than food) intended to affect the structure or any function of |
| the body of man or other animals; and (d) articles intended for use   |
| as a component of any articles specified in clause (a), (b) or (c);   |
| but does not include devices or their components, parts, or           |
| accessories.\")                                                       |
|                                                                       |
| (FDA-D)                                                               |
|                                                                       |
| DURABLE ARTICLES OR COMMODITIES (CI)                                  |
+-----------------------------------------------------------------------+
| EPA COVERED PRODUCTS (Products subject to regulation under the        |
| Federal Environmental Pesticide                                       |
|                                                                       |
| Control Act that is administered by the Environmental Protection      |
| Agency.) (EPA)                                                        |
|                                                                       |
| FINGERNAIL FILES (CI)                                                 |
|                                                                       |
| FLOWERS, FLOWER SEEDS, FERTILIZER, AND FERTILIZER MATERIALS, PLANTS   |
| OR SHRUBS, GARDEN AND LAWN SUPPLIES (CI)                              |
|                                                                       |
| FOOD (Defined by Section 201(f) of the Food, Drug, and Cosmetic Act   |
| as \"(1) articles used for food and drink for man or other animals,   |
| (2) chewing gum, and (3) articles used for components of any such     |
| article.\") (FDA-F)                                                   |
|                                                                       |
| FOUNTAIN PENS, MECHANICAL PENCILS, AND KINDRED PRODUCTS (ball point   |
| pens, lead pencils, and lead refills, etc.) (CI)                      |
|                                                                       |
| GARDEN TOOLS (hose, trowels, grass clippers, etc.) (CI)               |
|                                                                       |
| GERMKILLING OR GERMPROOFING PRODUCTS (EPA)                            |
|                                                                       |
| GIFT TAPE AND TIES (ribbon, tape, etc.) (CI)                          |
|                                                                       |
| GIFT WRAPPING MATERIAL (decorative wrapping foil, paper, cellophane,  |
| etc.) (CI)                                                            |
|                                                                       |
| GLASSES AND GLASSWARE (disposable plastic glasses are not excluded)   |
| (CI)                                                                  |
|                                                                       |
| GLOVES (of any type) (CI)                                             |
|                                                                       |
| GREETING CARDS (CI)                                                   |
|                                                                       |
| HAIR COMBS, NETS, and PINS (FDA-DV)                                   |
|                                                                       |
| HAND TOOLS (CI)                                                       |
|                                                                       |
| HANDICRAFT AND SEWING THREAD (yarn, etc.) (CI)                        |
|                                                                       |
| HARDWARE (extension cords, thumb-tacks, hose clamps, nails, screws,   |
| picture hangers, etc.) (CI)                                           |
|                                                                       |
| HOUSEHOLD APPLIANCES, EQUIPMENT, OR FURNISHINGS, INCLUDING FEATHER    |
| AND DOWN-FILLED PRODUCTS, SYNTHETIC-FILLED BED PILLOWS, MATTRESS PADS |
| AND PATCHWORK QUILTS, COMFORTERS, AND DECORATIVE CURTAINS (CI)        |
|                                                                       |
| INK (CI)                                                              |
|                                                                       |
| INSECTICIDES (insect repellents in any form, mothballs, etc.) (EPA)   |
|                                                                       |
| IRONING BOARD COVERS (CI)                                             |
|                                                                       |
| JEWELRY (CI)                                                          |
+-----------------------------------------------------------------------+
| LAMBS WOOL DUSTERS (CI)                                               |
|                                                                       |
| LUGGAGE (CI)                                                          |
|                                                                       |
| MAGNETIC RECORDING TAPE (reels, cassettes, and cartridges.) (CI)      |
|                                                                       |
| MEAT AND MEAT PRODUCTS (USDA)                                         |
|                                                                       |
| METAL PAILS (CI)                                                      |
|                                                                       |
| MOTOR OIL (including additives. Household multi-purpose oil is not    |
| excluded.) (CI)                                                       |
|                                                                       |
| MOUSE AND RAT TRAPS (CI)                                              |
|                                                                       |
| MOUTHWASH (FDA-D)                                                     |
|                                                                       |
| MUSICAL INSTRUMENTS (CI)                                              |
|                                                                       |
| PAINTS AND KINDRED PRODUCTS (wallpaper, turpentine, putty, paint      |
| removers, caulking and glazing compounds, wood fillers, etc. Note,    |
| however, that bathroom caulking materials, patching plaster,          |
| spackling compound, and plastic wood are not excluded. In the event   |
| of uncertainty, contact FTC.) (CI)                                    |
|                                                                       |
| PAINTINGS AND WALL PLAQUES (CI)                                       |
|                                                                       |
| PET CARE SUPPLIES (CI)                                                |
|                                                                       |
| PEWTERWARE (CI)                                                       |
|                                                                       |
| PHOTO ALBUMS (CI)                                                     |
|                                                                       |
| PICTURES (CI)                                                         |
|                                                                       |
| PLASTIC BUCKETS AND GARBAGE CANS (CI)                                 |
|                                                                       |
| PLASTIC TABLECLOTHS, PLASTIC PLACE MATS (CI)                          |
|                                                                       |
| PLASTIC SHELF LINING (CI)                                             |
|                                                                       |
| PRE-MOISTENED TOWELETTES (FDA-C)                                      |
|                                                                       |
| POLISHING CLOTHS (polishing cloths that are impregnated with polish   |
| or chemicals \[silicone, etc.\] are not excluded.) (CI)               |
|                                                                       |
| POULTRY AND POULTRY PRODUCTS (USDA)                                   |
|                                                                       |
| RUBBER GLOVES (CI)                                                    |
|                                                                       |
| RUBBING ALCOHOL (FDA-D)                                               |
|                                                                       |
| SAFETY FLARES (CI)                                                    |
|                                                                       |
| SAFETY PINS (CI)                                                      |
|                                                                       |
| SANITARY NAPKINS (FDA-D or C)                                         |
|                                                                       |
| SCHOOL SUPPLIES (rulers, crayons, paper, pencils, etc.) (CI)          |
|                                                                       |
| SELF STICK PROTECTIVE FELT TABS (CI)                                  |
|                                                                       |
| SEEDS OF ALL KINDS (USDA)                                             |
|                                                                       |
| SEWING ACCESSORIES (needles of any type, thimbles, kindred articles,  |
| etc.) (CI)                                                            |
|                                                                       |
| SHAMPOO (FDA-C or D)                                                  |
|                                                                       |
| SHOELACES (CI)                                                        |
|                                                                       |
| SMALL ARMS AMMUNITION (CI)                                            |
+-----------------------------------------------------------------------+
| SILVERWARE, STAINLESS STEELWARE, AND PEWTERWARE (CI)                  |
|                                                                       |
| SMOKING PIPES (CI)                                                    |
|                                                                       |
| SOAP BARS WITH A DRUG CLAIM (including any claim for removing facial  |
| blemishes, etc. Refer to Detergent Bars for further discussion in     |
| this area.)                                                           |
|                                                                       |
| (FDA-D)                                                               |
|                                                                       |
| SOAP DISHES (CI)                                                      |
|                                                                       |
| SOUVENIRS (CI)                                                        |
|                                                                       |
| SPORTING GOODS (CI)                                                   |
|                                                                       |
| STATIONERY AND WRITING SUPPLIES (looseleaf binders, paper tablets,    |
| etc.) (CI)                                                            |
+-----------------------------------------------------------------------+
| TEXTILES AND ITEMS OF WEARING APPAREL (cloth laundry bags, towels,    |
| cheese cloth, shoe shine cloths, etc.) (CI)                           |
|                                                                       |
| TOBACCO AND TOBACCO PRODUCTS (pipes, cigarettes, etc.) (BATF - USDA)  |
|                                                                       |
| TOOTHPASTE (FDA-D)                                                    |
|                                                                       |
| TOYS (CI)                                                             |
|                                                                       |
| TYPEWRITER RIBBON (CI)                                                |
|                                                                       |
| WIRE OF ANY TYPE (CI)                                                 |
|                                                                       |
| WOODENWARE (CI)                                                       |
+-----------------------------------------------------------------------+

**2.6.9. Size Descriptors for Raw, Shell-On Shrimp Products**
[]{#__RefHeading___Toc534602384 .anchor}

**Guideline**

If size descriptor terms for shrimp (e.g., small, medium, large, or
colossal) are used on packages, advertisements, or on signs when
offering shrimp for sale from bulk, a statement of count-per-kilogram,
if sold by kilogram, or count-per-pound, if sold by pound, should be
included adjacent to the size descriptor (e.g., medium-large, 31-40
shrimp per pound).

(Added 1995)

**2.6.10. Model Guidelines for the Administrative Review Process**
[]{#__RefHeading___Toc534602385 .anchor}

**Purpose**

These guidelines are provided to assist weights and measures programs in
establishing an administrative review process. [They are not intended to
be the only process an agency may use nor are they intended to supercede
any agency\'s existing process. Before implementing ANY process, it
should be approved by legal counsel.]{.underline}

These guidelines ensure that persons affected by \"inspection findings\"
(e.g., price misrepresentations or shortweight packages), or who are
deprived of the use of their property (devices or packages placed under
\"stop\" or \"off-sale\" order), are provided a timely-independent
review of the action. The process enables affected persons to provide
evidence which could be relevant in determining whether the enforcement
action was proper. The purpose of the process is to ensure that a
person\'s ability to conduct business is not hindered by improper
enforcement actions. This process is independent of any other action
(e.g., administrative penalties, prosecutions, etc.) that may be taken
by the enforcement agency.

**Background**

In the course of their work, weights and measures officials take
enforcement actions that may prohibit the use of devices or the sale of
packaged goods (e.g., \"stop-sale\" or \"off-sale\" orders for packages
and \"stop-use\" or \"condemnation\" tags issued on devices). Improper
actions (e.g., not following prescribed test procedures, enforcing
labeling requirements on exempted packages, or incorrectly citing
someone for a \"violation\") place the official and the jurisdiction in
the position of being liable for the action if it is found that the
action was \"illegal.\" In some cases, weights and measures
jurisdictions could be ordered to pay monetary damages to compensate the
affected party for the improper action.

This process is one way to provide affected persons an opportunity to
present evidence which may be relevant in determining whether the order
or finding has been properly made to an independent party. The procedure
enables business operators to obtain an independent review of orders or
findings so that actions affecting their business can be evaluated
administratively instead of through litigation. This ensures timely
review, which is essential because of the impact that such actions may
have on the ability of a business to operate and in cases where
perishable products may be lost.

**Review Provisions**

Parties affected by enforcement actions must be given the opportunity to
appeal enforcement actions.

Inspectors are the primary contacts with regulated firms and thus are in
the best position to ensure that the enforcement actions they take are
\"proper.\" \"Proper\" means that inspections are conducted (1) within
the scope of the authority granted by law, (2) according to recognized
investigative or testing procedures and standards, and (3) that
enforcement actions are lawful. The \"burden\" for proving that actions
are \"proper\" falls on the weights and measures program, not on
regulated firms.

Weights and measures officials are law enforcement officers. Therefore,
they have the responsibility to exercise their authority within the
\"due process\" provisions of the U.S. Constitution. As weights and
measure programs carry-out their enforcement responsibilities in the
future, more and more challenges to their actions and authority will
occur. It is in the best interest of any program to establish strict
operational procedures and standards of conduct to prevent the
occurrence of improper actions which may place the jurisdiction in an
untenable position in a court challenge of an enforcement action. The
foundation for ensuring \"proper\" actions is training, clear and
concise requirements, and adoption of, and adherence to uniform test
procedures and legal procedures.

Prior to taking enforcement actions the inspector should recheck test
results and determine that the information on which the action will be
taken is accurate.

Inspections shall be conducted with the understanding that the findings
will be clearly and plainly documented and reviewed with the store\'s
representative.

During the review of the findings, the firm's representative may provide
information which must be used by the inspector to resolve the problems
and concerns before enforcement actions are taken. In some cases, the
provided information may not persuade the inspector to forego the
action. In some cases the inspector and business representative may not
understand the circumstances surrounding the violations, or there may be
a conflict between the parties that they cannot resolve. In other cases,
the owner or manufacturer may not learn that an enforcement action has
occurred until long after the inspector leaves the establishment.

Steps:

> 1\. Provide a framework that will help in resolving most of these
> situations where \"due process\" is of concern. Make sure that the
> responsible party (e.g., as declared on the package label) is notified
> of violations and receives copies of inspection reports. Establish
> standard operating procedures to assure the affected party of timely
> access to a representative of the weights and measures program so that
> the firm can provide the relevant information or obtain clarification
> of legal requirements.
>
> 2\. Make the process as simple and convenient as possible. Especially
> in distant or rural areas where there are no local offices, the review
> should be conducted by a supervisor of the official taking the action
> if agreed to by the person filing the request for review.
>
> 3\. The process should include notice that the firm can seek review at
> a higher level in the weights and measures program or an independent
> review by a third party. The following procedures are recommended:
>
> \(a\) Any owner, distributor, packager, or retailer of a device
> ordered out of service, or item or commodity ordered \"off-sale,\" or
> inspection finding (e.g., a price misrepresentation or a shortweight
> lot of packages) shall be entitled to a timely review of such order,
> to a prompt, impartial, administrative review of such off-sale order
> or finding.
>
> A notice of the right to administrative review should be included on
> all orders or reports of findings or violations and should be
> communicated to the responsible firm (e.g., person or firm identified
> on the product label):
>
> \(b\) The administrative review shall be conducted by an independent
> party designated by the Director or before an independent hearing
> officer appointed by the Department. The officer shall not be a person
> responsible for weights and measures administration or enforcement.
>
> \(c\) No fees should be imposed for the administrative review process.

![](media/image2.wmf)

> \(d\) The firm responsible for the product or the retailer may
> introduce any record or other relevant evidence.
>
> For example:
>
> \(i\) Commodities subject to the off-sale action or other findings
> were produced, processed, packaged, priced, or labeled in accordance
> with applicable laws, regulations or requirements.
>
> \(ii\) Devices subject to the \"stop-use\" order or \"condemnation\"
> were maintained in accordance with applicable laws, regulations or
> requirements.
>
> \(iii\) Prescribed test procedures or sampling plans were not followed
> by the inspector.
>
> \(iv\) Mitigating circumstances existed which should be considered.
>
> \(e\) The reviewer must consider the inspector\'s report, findings,
> and actions as well as any evidence introduced by the owner,
> distributor, packager, or retailer as part of the review process.
>
> \(f\) The reviewer must provide a timely written recommendation
> following review unless additional time is agreed to by the department
> and the petitioner.
>
> \(g\) The reviewer may recommend to the Department that an order be
> upheld, withdrawn or modified. If justified the reviewer may recommend
> other action including a reinspection of the device or commodity based
> upon information presented during the review.
>
> \(h\) All actions should be documented and all parties advised in
> writing of the results of the review. The report of action should be
> detailed in that it provides the reasons for the decision.

**2.6.11. Good Quantity Control Practices**
[]{#__RefHeading___Toc534602386 .anchor}

Good Quantity Control Practices means that the plant managers should
take all reasonable precautions to ensure the following quantity control
standards or their equivalent are met:

> 1\. A formal quantity control function is in place with authority to
> review production processes and records, investigate possible errors,
> and approve, control, or reject lots.
>
> 2\. Adequate facilities (e.g., equipment, standards and work areas)
> for conducting quantity control functions are provided and maintained.
>
> 3\. A quantity control program (e.g., a system of statistical process
> control) is in place and maintained.
>
> 4\. Sampling is conducted at a frequency appropriate to the product
> process to ensure that the data obtained is representative of the
> production lot.
>
> 5\. Production records are maintained to provide a history of the
> filling and net content labeling of the product.
>
> 6\. Each \"production lot\" contains on the average the labeled
> quantity and the number of packages exceeding the specified maximum
> allowable variation (MAV) value in the inspection sample shall be no
> more than permitted in Tables 2-1 and 2-2 in NIST Handbook 133.
>
> 7\. Packaging practices are appropriate for specific products and
> measurement procedures (e.g., quantity sampling, density and tare
> determinations) and guidelines for recording and maintaining test
> results are documented. 
>
> 8\. Personnel responsible for quantity control follow written work
> instructions and are competent to perform their duties (e.g.,
> background, education, experience and training). Training is conducted
> at sufficient intervals to ensure good practices.
>
> 9\. Recognized procedures are used for the selection, maintenance,
> adjustment, and testing of filling equipment to insure proper fill
> control.
>
> 10\. Weighing and measuring devices are suitable for their intended
> purpose, and measurement standards are suitable and traceable to
> national standards. This includes a system of equipment maintenance
> and calibration to include recordkeeping procedures.
>
> 11\. Controls over automated data systems and software used in
> quantity control ensure that information is accessible, but changeable
> only by authorized personnel.
>
> 12\. Tare materials are monitored for variation. Label changes are
> controlled to ensure net quantity matches labeled declaration.

**2.6.12. Point-of-Pack Inspection Guidelines**
[]{#__RefHeading___Toc534602387 .anchor}

**A. Weights and Measures Officials' Responsibilities**

> 1\. Conduct inspections during hours when the plant is normally open
> for business. Open the inspection by making contact with the plant
> manager or authorized representative (e.g., the quality assurance
> manager or the production manager).
>
> 2\. Present the proper credentials and explain the reason for the
> visit (e.g., routine or follow-up inspection or consumer complaint,
> etc.).
>
> 3\. Request access to quantity measurement equipment in the packing
> room, moisture testing equipment in the laboratory or in the packing
> room, and product packed on premise or stored in warehouse areas.
>
> 4\. Obtain permission from a plant representative prior to using a
> tape recorder or a camera.
>
> 5\. Conduct inspection related activities in a professional and
> appropriate manner and, if possible, work in an area that will not
> interfere with normal activities of the establishment.
>
> 6\. Abide by all the safety and sanitary requirements of the
> establishment and clean the work area upon completion of the
> inspection/test. Return borrowed equipment and materials
>
> 7\. To close the inspection, recheck inspection reports in detail and
> ascertain that all information is complete and correct.
>
> 8\. Sample questions and tasks for Inspectors:
>
> a\. Inside Buildings and Equipment.
>
> \(i\) Is all filling and associated equipment in good repair?
>
> \(ii\) Are net content measurement devices suitable for the purpose
> being used?
>
> \(iii\) Are standards used by the firm to verify device accuracy
> traceable to NIST?
>
> b\. Packing Room Inspection.
>
> \(i\) Observe if the program for net quantity of content control in
> the packing room is actually being carried out.
>
> \(ii\) Ensure that the weighing systems are suitable and tare
> determination procedures are adequate. If there are questions
> regarding tare determination, weigh a representative number of tare
> and/or filled packages.
>
> \(iii\) For products labeled and filled by volume and then checked by
> weight, ensure that proper density is used.
>
> c\. Warehouse Inspection.
>
> If an inspection is conducted:
>
> \(i\) Select lot(s) to be evaluated.
>
> \(ii\) Determine the number of samples to be inspected. Use the
> appropriate sampling plan as described in NIST Handbook 133.
>
> \(iii\) Randomly select the number of samples or use a mutually agreed
> on plan for selecting the samples.
>
> \(iv\) Determine the average net quantity of the sample and use the
> standard deviation factor to compute the Sample Error Limit (SEL) to
> evaluate the lot.
>
> \(v\) Look for individual values that exceed the applicable Maximum
> Allowable Variation as found in NIST Handbook 133.
>
> \(vi\) Apply moisture allowances, if applicable.
>
> \(vii\) Review the general condition of the warehouse relevant to
> package integrity, good quantity control, and distribution practices.
>
> (viii)Prepare an inspection report to detail findings and actions.
>
> 9\. Close the inspection - Review findings with Plant Representative.
>
> After the inspection, meet with the management representative to
> discuss inspection findings and observations. Provide additional
> information as needed (e.g., information on laws and regulations or
> explanations of test procedures used in the inspection). Be
> informative, courteous and responsive. If problems/violations are
> found during the inspection/test, bring them to the attention of the
> appropriate person.

**B. Plant Management Responsibilities**

> 1\. Recognize that inspectors are enforcing a Federal, State or Local
> law.
>
> 2\. Assist the official in conducting inspection activities in a
> timely and efficient manner.
>
> 3**.** During the initial conference with the inspector, find out
> whether the inspection is routine, a follow-up, or the result of a
> consumer complaint. If a complaint, obtain as much information as
> possible concerning the nature of the complaint, allowing for an
> appropriate response.
>
> 4\. The plant manager, quality assurance manager, or any designated
> representative should accompany the inspector.
>
> 5\. Plant personnel should take note of the inspector's comments
> during the inspection and prepare a detailed writeup as soon as the
> inspection is completed.
>
> 6\. When an official presents an inspection report, discuss the
> observations and, if possible, provide explanations for any changes
> deemed necessary as a result of the inspection/test.

**Plant Management: information that must be shared with the
inspector.**

> 1\. Establishment name and address.
>
> 2\. Type of firm and information on related firms or applicable
> information (e.g., sub contractor, servant or agent).
>
> 3\. General description and location of shipping and storage areas
> where packaged goods intended for distribution are stored.
>
> 4\. Commodities manufactured by or stored at the facility.
>
> 5\. Names of responsible plant officials.

**Plant Management: information that may be shared with the inspector.**

> 1\. Simple flow sheet of the filling process with appropriate net
> content control checkpoints.
>
> 2\. Weighing or measuring device maintenance and calibration test
> records.
>
> 3\. Type of quantity control tests and methods used.
>
> 4\. Net content control charts for any lot, shipment, or delivery in
> question or lots which have previously been cited.
>
> 5\. Method of date coding the product to include code interpretation.
>
> 6\. Laboratory reports showing the moisture analysis of the products
> which are in question or have been previously cited.
>
> 7\. Product volume of lot sizes or related information.
>
> 8\. Distribution records related to a problem lots including names of
> customers.

**2.6.13. Guideline for Verifying the Labeled Basis Weight of
Communication and Other**

**Paper** []{#__RefHeading___Toc534602388 .anchor}

> **2.6.13.1. Equipment. --** • Linear measure recommended in Section
> 5.3.1. Equipment in the Third Edition of NIST Handbook 133 "Checking
> the Net Contents of Packaged Goods."
>
> • Scale with a minimum division of 0.5 g (0.001 lb) or less.
>
> • Scientific calculator with a sample standard deviation function.
>
> **2.6.13.2. Scope and recommended enforcement approach. --** Paper is
> manufactured in various "basis weights" for use in different
> applications (e.g., copy paper can have a basis weight of 18 or 20
> lbs.) Basis weight is part of the product identity and not a
> declaration of net contents. This procedure is used to audit the basis
> weight declared on package labels. If the tested packages in a sample
> do not have an average basis weight equal to or greater than the
> labeled basis weight, the inspection lot may be in violation. A
> potentially violative lot should be placed "off-sale" until the owner
> provides documentation to confirm that the labeled basis weight
> corresponds to the basis weight declared by the original manufacturer.
> If documentation is not provided, the inspection lot should remain
> \"off-sale\" until the basis weight declaration is corrected.
>
> **2.6.13.3. Determine Target Net Weight for Common Types of Paper.
> \--** The basis weight of paper is the designated weight (measured in
> grams or pounds per specified area) of [one]{.underline} ream in basic
> sheet size for the type of paper being tested. This procedure permits
> the confirmation of basis weight by linear measurement and gravimetric
> testing. This procedure is designed to test the various types, size,
> count, and basis weights of packaged paper currently in the
> marketplace. Table 1 lists the "area of basic sheet size" for common
> types of paper. A \"ream\" equals 500 sheets of basic sheet size for
> all types of paper other than tissue paper. A "ream" of tissue paper
> equals 480 sheets. Each of the standard categories of paper products
> shown in Table 1 has a different standard basic sheet size. Although
> there are basic sheet sizes, paper is packaged and marketed in various
> sizes and counts. The net weight of packaged paper can be determined
> from the label information using the General Formula for Sheet Paper.
> For roll paper, use one (1) for the sheet count.

# General Formula for Sheet Paper

![](media/image3.wmf)

Where:

> PA = measured area of one sheet of paper
>
> BW = labeled basis weight
>
> BSS = area of basic sheet size from Table 1.
>
> SC = labeled package sheet count
>
> TNW = target net weight of paper
>
> **2.6.13.4. Test Procedure. \--** The following gravimetric,
> measuring, and counting procedures shall be used to determine if
> packages are accurately labeled. Procedures are also provided for
> verifying net quantity of content declarations for count and
> dimensions (e.g., length and width.)
>
> **2.6.13.4.1. Sample Selection. --** Select a sample from an
> inspection lot using Table 2-1 Sampling Plans of Category A (page A-2)
> in the Fourth Edition of NIST Handbook 133 "Checking the Net Contents
> of Packaged Goods." Determine an average tare weight in accordance
> with Section 2 of the Fourth Edition of NIST Handbook 133.
>
> **2.6.13.4.2. Determine Target Net Weight of Common Types of Paper
> Packaged in Various Sizes or Counts. --**
>
> Verify the basis weight declared on a package using the following
> gravimetric procedure:
>
> a\. Record the following information from the package label on a
> worksheet. (See Figure 1 for a sample label.)

1\. Type of Paper (TP)

2\. Length (L)

3\. Width (W)

4\. Package Sheet Count (PSC)

5\. Basis Weight (BW)

6\. Basic Size Sheet (BSS)

> b\. Compute the Target Net Weight (TNW) for the sample packages using
> the General Formula for Sheet Paper. TNW is what the paper should
> weigh if the labeled properties of the packaged paper are accurate.)
>
> c\. Determine the average net weight of the sample packages. (Do not
> use sample error limit calculations.) If the average net weight is not
> equal to or more than the Target Net Weight, go to Section 2.6.14.3.
> to determine if the labeled basis weight (BW) is correct. If the
> average net weight is equal to or more than the labeled basis weight,
> the sample passes.

**Basis Weight Worksheet** (see Figure 1)

Type of Paper (TP): *Copy Paper*

Length (L): *11 in*

Width (W): *8½ in*

Area (PA) of Sheet (LxW): *93.5* in^2^

Package Sheet Count (PSC): *500*

Basis Weight (BW): *20 lb*

Basic Sheet Size (BSS): *17 in x 22 in*

Area of BSS from Table 1 or *374 in^2^*

by calculation:

Use the General Formula to compute Target Net

Weight (TNW):

Target Net Weight (TNW) = 5 lb

**Note:** Three factors will cause actual sample weights to differ from
the TNW:

$\frac{(\text{93}\text{.}5\text{in}^{2}\ x\ \text{20}\text{lb})}{\text{374}\text{in}^{2}}x\frac{\text{500}}{\text{500}} = 5\text{lb}$
Actual sheet count in package

Actual basis weight of paper being tested

Actual dimensions of the paper being tested

> **2.6.13.4.3. Determine Basis Weight**
>
> This procedure is used to identify potentially violative packages. If
> the Average Basis Weight (ABW) for the sample determined by this
> procedure is not equal to or greater than the labeled basis weight,
> other steps must be taken. Moisture affects the weight of paper, but
> the moisture content of paper can only be determined in a measurement
> laboratory according to American Society of Testing and Materials D
> 646 - 95, "Standard Test Method for Grammage of Paper and Paperboard
> (Weight Per Area Unit.)"
>
> a\. Verify the basis weight for each package according to the
> following steps:
>
> i\. Identify the paper type from Column 1 in Table 1 and record the
> area for the paper type from Column 2
>
> ii\. Select a sample of paper from each of the tare sample packages.
> Use a sample of exact count to eliminate the possibility that the
> packages are short count.
>
> \- For packages with more than 100 sheets, use 100 sheets, or
>
> \- For packages with 100 sheets or less, verify the sheet count and
> use all of the sheets.
>
> iii\. Use a basis weight work sheet and determine the number of basic
> size sheets the paper sample represents with the following formula:
>
> Where:
>
> A = area of basic sheet size from Table 1
>
> PA = area (l x w) of one sheet of paper
>
> EC = exact sheet count of sample
>
> ENBSS = equivalent number of basic size sheets
>
> $$\frac{\text{PA}}{A}x\text{EC} = \text{ENBSS}$$
>
> iv\. Determine the average basis weight,
>
> Where:
>
> BW = basis weight for each package
>
> ABW = average basis weight
>
> ENBSS = equivalent number of basic size sheets from step iii.
>
> NW = net weight of sample
>
> RC = Ream Count (500; for tissue paper use 480)
>
> v\. Repeat this step for each paper package from the tare sample and
> average the basis weights to obtain an Average Basis Weight (ABW). If
> the ABW is less than the labeled basis weight, or if the difference
> between the basis weight of the sample packages is more than 1 scale
> division, measure and compute the basis weight for each of the
> remaining packages.
>
> vi\. Weigh each sample. If the basis weight from step iv is less than
> the labeled basis weight, re-calculate the target net weight by using
> the general formula for sheet paper.

  ----------------------------------------- -----------------------------
  **Table 1. Common Types of Paper and Area 
  of Basic Sheet Size**                     

  **Paper Type**                            **Area**

  Bond, Ledger, Thin, Writing, and Track    2412 cm^2^ (374 in^2^)
  Feed Printer Paper                        

  Manuscript Cover                          3599 cm^2^ (558 in^2^)

  Blotting                                  2941 cm^2^ (456 in^2^)

  Cover                                     3354 cm^2^ (520 in^2^)

  Blanks                                    3974 cm^2^ (616 in^2^)

  Printing Bristols                         4135 cm^2^ (641 in^2^)

  Wrapping, Tissue, Waxed, Newsprint and    5574 cm^2^ (864 in^2^)
  Tag Stock                                 

  Book, Offset, and Text                    6129 cm^2^ (950 in^2^)

  Index Bristol                             5019 cm^2^ (778 in^2^)
  ----------------------------------------- -----------------------------

> vii\. Use the target net weight computed in step vi and re-weigh the
> inspection lot samples using the Section 2. of the Fourth Edition of
> NIST Handbook 133. If inspection sample weights differ from the target
> net weight computed using the average basis weight determined in vi,
> the label sheet count is probably inaccurate.
>
> b\. Verify the label sheet count by counting the number of sheets in
> each package.
>
> c\. Verify sheet dimensions (length x width) for each package of the
> sample.
>
> $$\frac{\text{NW}x\text{RC}}{\text{ENBSS}} = \text{BW}$$
>
> **2.6.13.4.3.1. Other Types Packaged Paper**
>
> 1\. Roll Paper. \-- When testing rolled paper, cut a length of paper
> from the roll equal to 9,350 divided by the width of the paper in
> inches. Make sure the ends of this length of paper are square. Proceed
> to section 2.6.14.3 step a. Disregard the exact sheet count in step
> iii.
>
> 2\. Continuous Track Feed Printer Paper:
>
> i\. Count out a sample of 100 sheets from each tare sample package of
> the inspection lot.
>
> ii\. Weigh each 100 sheet sample and record the weights.
>
> iii\. Calculate an average weight.
>
> iv\. Remove printer track feed strips from each sample.
>
> v\. Re-weigh each sample after the tractor feed has been removed and
> record the weights.
>
> vi\. Calculate an average weight from step v.
>
> vii\. Calculate percentage (%) difference in the average weights in
> steps iii and vi.
>
> viii\. After the track feed strips have been removed, use the samples
> to verify the basis weight for the packages of the inspection lot
> using the formula in 2.6.14.2. If the basis weight is less than the
> labeled basis weight, refer to 2.6.13.2.
>
> ix\. If the basis weight established in step viii is the same as the
> labeled basis weight, weigh the remaining packages from the sample and
> compare the actual net weights with the TNW. (Remember to adjust the
> TNW up by the percentage established in step vii.)
>
> x\. If the adjusted weights of the remaining samples is less than the
> TNW, the deficiency may have been caused by:
>
> a\. the sheet count in the package.
>
> b\. the basis weight of the paper.
>
> c\. the dimensions of the paper.
>
> d\. combinations of the above.
>
> This procedure is for use in verifying that the basis weight included
> in a statement of identity is not misleading or deceptive. It is
> [not]{.underline} intended to be used as the final criterion on which
> enforcement action is taken. Instead, the test procedure is only used
> to identify potentially violative lots. There are two alternative
> actions that can be taken if the test results indicate that a lot is
> potentially violative. The first is to review the documentation
> supplied by the original manufacturer to the converter to determine if
> any misrepresentations has occurred. The second is to collect packages
> of the paper and test them according to the latest version of American
> Society of Testing and Materials Standard Method D-646 for "Grammage
> of Paper and Paperboard."

**2.6.14. Labeling Guidelines for Chamois**
[]{#__RefHeading___Toc534602389 .anchor}

These requirements are based on the Uniform Packaging and Labeling
Regulation in the 1999 Edition of NIST Handbook 130 "Uniform Laws and
Regulations" and regulations and guidelines of the Federal Trade
Commission.

**General**

The following information must be declared on the principal display
panel of the chamois package. The principal display panel is the tag, or
label that consumers can examine under normal and customary conditions
of display.

-   Identity ‑ what the package contains

```{=html}
<!-- -->
```
-   Net Quantity of Contents ‑ how many items the package contains and
    the area of the item(s)

> The following information may appear any where on the package.

-   Responsibility ‑ the party responsible for packaging or distributing
    the product.

> **2.6.14.1. Declaration of Identity. \--** Chamois is a natural
> product made of sheepskin which has been oil‑tanned. In 1964, the
> Federal Trade Comm4ission issued an advisory opinion stating that
> using the word "chamois" on a product (e.g, "Artificial" Chamois,
> "Synthetic" Chamois, "Pig Chamois" or "Man‑Made" Chamois) that is not
> made from oil‑tanned sheepskin is unlawful and deceptive. Packages are
> required to declare identity in terms of (i) the name specified in or
> required by any applicable Federal or State law or regulation or, in
> the absence of this, (ii) the common or usual name or, in the absence
> of this, (iii) the generic name or other appropriate description,
> including a statement of function.
>
> For example: Chamois, Natural Chamois Leather
>
> **2.6.14.2. Declaration of Net Quantity of Contents.** \-- The
> following information is required to appear on the lower 30 % of the
> principal display panel of all packages:

-   Count

> The package must include a count declaration (e.g., 1 Chamois) unless
> the statement of identity clearly expresses the fact that only one
> unit is contained in the package. A package containing two or more
> units shall bear a statement in terms of count (e.g., 2 Chamois).

-   Area

> Chamois packages must have area declarations in both inch‑pound and
> metric units.
>
> **Metric**

-   For areas that measure less than 1 square meter, the area shall be
    stated in square decimeters and decimal fractions of a square
    decimeter or in square centimeters and decimal fractions of a square
    centimeter;

```{=html}
<!-- -->
```
-   For areas that measure 1 square meter or more, the area shall be
    stated in square meters and decimal fractions to not more than three
    places.

> To facilitate value comparison and simplify the measurement process,
> chamois should be measured in one‑quarter square foot (2.322 57
> decimeter) increments. Dimensions should be rounded down to avoid
> overstating the area.
>
> For example: 2 square feet (18.5 square decimeters) or 2 ft^2^ (18.5
> dm^2^)
>
> Conversion Factors:
>
> 1 square foot = 9.290 30 dm^2^
>
> 1 square inch = 6.451 6 cm^2^
>
> 1 square yard = 83.612 7 dm^2^
>
> **Inch‑Pound Units**

-   For areas that are, less than 1 square foot (929 cm^2^), the area
    declaration shall be expressed in square inches and fractions of
    square inches;

```{=html}
<!-- -->
```
-   For areas of 1 square foot (929 cm^2^), or more, but less than 4
    square feet (37.1 dm^2^), the area shall be expressed in square feet
    with any remainder expressed in square inches or in fractions of a
    square foot;

```{=html}
<!-- -->
```
-   For areas of 4 square feet (37.1 dm^2^) or more, the area should be
    expressed in terms of the largest whole unit (e.g., square yards,
    square yards and square feet, or square feet) with any remainder
    expressed in square inches and fractions of a square inch or in
    fractions of the square foot or square yard.

> Chamois labeled for retail sale is exempt from these requirements if
> (a) the area of a full skin is expressed in terms of square feet with
> any remainder in terms of the common or decimal fraction of the square
> foot (929 cm^2^), or (b) the area for cut skins of any configuration
> is expressed in terms of square inches and fractions thereof. Where
> the area of a cut skin is at least one square foot (929 cm^2^) or
> more, the statement of square inches shall be followed in parentheses
> by a declaration in square feet with any remainder in terms of square
> inches or common or decimal fractions of the square foot.

###### Prohibited Labeling Practices

-   Do not use qualifying terms or phrases (e.g., "Approximate Size,"
    "Size when Wet," "Up to 20% Larger When Wet").

```{=html}
<!-- -->
```
-   Do not use unacceptable symbols (e.g., using (") to indicate inches.

> **2.6.14.3. Declaration of Responsibility. -** The name and address of
> the manufacturer, packer, or distributor must be conspicuously
> specified on the label of any package that is kept, offered, exposed
> for sale, or sold anywhere other than the premises where packed. The
> name shall be the actual corporate name, or, when not incorporated,
> the name under which the company does business. This declaration does
> not have to appear on the principal display panel.
>
> For example:
>
> Chamois Tanning Company
>
> 8190 Main Road
>
> Tarpon Springs, FL 34568
>
> The address shall include street address, city, state (or country if
> outside the United States), and Zip Code (or the postal code, if any,
> used in countries other than the United States); however, the street
> address may be omitted if it is shown in a current city directory or
> telephone directory.
>
> Sample Labels

1.  If one natural chamois is in a see‑through package, the following
    label would be acceptable:

2.  The next sample would apply if one chamois is in a package and the
    statement of identity does not clearly express the fact the package
    only contains one unit.

**2.6.15. Labeling Guidelines for Natural and Synthetic
Sponges**[]{#__RefHeading___Toc534602390 .anchor}

These requirements are based on the Uniform Packaging and Labeling
Regulation in NIST Handbook 130 \"Uniform Laws and Regulations\" and
regulations and guidelines of the Federal Trade Commission. All
indicated dimensions and conversions from metric to inch‑pound units are
approximate only and are used for illustration purposes only.

**General**

The following information must be declared on the
principal‑display‑panel (PDP) of a package of sponge(s). The PDP is the
part of label (or package) most likely to be displayed, presented, shown
to or examined by consumers. A tag or spot label may be used.

-   Identity ‑ what the package contains

```{=html}
<!-- -->
```
-   Net Quantity of Contents ‑ how many items in the package and the
    dimensions of the item(s)

The following information may appear anywhere on the package.

-   Responsibility ‑ the name of the processor or distributor

> **2.6.15.1. Declaration of Identity. \--**
>
> a\. A declaration of identity that clearly describes the origin and
> other relevant information about the sponge must appear on the label
> of each package. The identity of a sponge must include information
> about its origin (i.e., is it a natural or synthetic sponge). The
> identity shall be in terms of (i) the name specified in or required by
> applicable Federal or State law or regulation, or (ii) the common or
> usual name, or (iii) the generic name or other appropriate
> description.
>
> For example:
>
> Sea Wool Sponge, Rock Island Sponge, Sea Grass Sponge, Sea Yellow
> Sponge, or Atlantic Silk Sponge

-   Origin ‑ Natural or Synthetic

-   For natural sponges, the label must specify if they are \"Cut\" or
    \"Form.\" \"Cut\" sponges are those that have been cut into halves,
    quarters, or fourths while \"forms\" are whole sponges.

-   For natural sponges, indicate type of sponge (e.g., \"silk,\"
    \"seawool,\" or \"yellow\")

> b\. Identifiers

-   Terms which indicate locations of origin on some natural sponges
    (e.g., \"Atlantic Sea Sponge\") are permitted to be used for
    identification if they accurately describe the source of the sponge.

-   Use of terms that may be interpreted by consumers to imply quality,
    durability, or \"expert\"endorsement (e.g, \"professional quality
    sponge\") are permitted as identifiers if they are not misleading.
    However, terms that imply quality should be used with care if they
    are not based on a recognized grading system. Use of terms to
    describe sponge texture such as \"fine\" \"medium\" or \"coarse\"
    are acceptable.

> **2.6.15.2. Declaration of Net Quantity of Contents**. \-- The
> following information must appear on the lower 30 % of the principal
> display panel of all packages:

-   Count

> The package must include a count declaration (e.g., 1 sponge) unless
> the statement of identity clearly expresses the fact that only one
> unit is contained in the package. A package containing two or more
> units shall bear a statement in terms of count (e.g., 2 sponges).

-   Dimensions

> ‑ The package must include the dimensions of the sponges in inches and
> centimeters.

+------------------------------------+---------------------------------+
| ![](media/image4.png)              | To facilitate value comparison  |
|                                    | and simplify the measurement    |
|                                    | process, sponges should be      |
|                                    | measured in 1/2 in (1 cm)       |
|                                    | increments. Dimensions should   |
|                                    | be rounded down to avoid        |
|                                    | overstating the size of a       |
|                                    | sponge.                         |
|                                    |                                 |
|                                    | For example: 6 in, 6‑1/2 in,    |
|                                    | and 7 in for inch declarations; |
|                                    | 15 cm, 16 cm, and 17 cm for     |
|                                    | metric declarations             |
+------------------------------------+---------------------------------+

> Silk Sponges

-   Synthetic sponges: the dimensions shall include length x width x
    height (thickness). Either unit of measure can be the primary
    declaration (e.g., the metric or inch‑pound units can be presented
    first).

> 1 ‑ Sponge 17 x 10 x 5 cm (7 x 4 x 2 in)

-   Natural sponges: the declaration shall be a single measurement
    representing the maximum dimension of one axis of a sponge that is
    passed through a circular template. When measured, the sponge is
    classified\" as a specific size when at least three (including two
    opposing) points of the sponge touch the template (e.g, see graphic
    on the following page where the sample sponge is designated as a 7
    in \[17 cm\] sponge).

> As the following pictures show, natural sponges are irregular in size
> and shape and have traditionally been measured using this procedure.
> It is difficult to develop a meaningful or cost effective measurement
> process that would provide a means of direct comparison between
> synthetic and natural sponges based on dimensions. Requiring
> declarations, such as average height, length, or width of natural
> sponge procedures would increase the costs for industry and consumers.

+-----------------------------------+----------------------------------+
| ![](media/image5.png)             | ![](media/image6.png)            |
|                                   |                                  |
| Sea Wool Sponges                  | Sea Grass Sponges                |
+-----------------------------------+----------------------------------+

> This graphic illustrates an irregular form of a natural sponge passing
> through a 7 in (17 cm) template and touching at least 2 opposite
> points. This sponge could be labeled 7 in.
>
> ![](media/image7.png)

-   For banana sponges the size will be determined as shown below. This
    sponge is 7 in (17 cm).

> ![](media/image8.png)
>
> Good Measurement Practice

-   Dimensions are determined with the sponge wet.

-   Measuring templates (see photo below for the currently used type
    templates):

> ![](media/image9.png)

+--------------------------------------------+-------------------------+
| > ‑should be constructed of rigid metal or | ![](media/image10.png)  |
| > plastic material.                        |                         |
| >                                          |                         |
| > ‑circular openings should graduated in   |                         |
| > increments of one‑half inch (one         |                         |
| > centimeter)                              |                         |
| >                                          |                         |
| > ‑The error in the circular openings      |                         |
| > shall not be greater than ± 1/32 in      |                         |
| > (± 0.79 mm) as specified in Table 2.     |                         |
| > Tolerances in Section 5.52. Linear       |                         |
| > Measures of NIST Handbook 44\"           |                         |
| > Specifications, Tolerances, and          |                         |
| > Technical Requirements for Weighing and  |                         |
| > Measuring Devices.\"                     |                         |
+--------------------------------------------+-------------------------+

> **Prohibited Labeling Practices**

-   Stating country of origin declarations that are not accurate.

> Declaring ranges of dimensions ‑ (e.g., 4\"‑ 5\" in) or using terms
> such as \"half or semi‑form\"instead of either \"cut\" or \"form.\"

-   Using qualifying terms (e.g., \"Wet Size,\" \"Approximate\" or
    \"Jumbo\")

-   \"Anti‑bacterial\" claims must meet Environmental Protection Agency
    requirements.

-   Using type size that does not meet minimum height requirements.

-   Using unacceptable symbols (e.g., 2, using (\") for inches is not
    acceptable)

> **2.6.15.3. Declaration of Responsibility. \--** The name and address
> of the processor or distributor must be specified on the label of any
> package that is kept, offered, or exposed for sale, or sold anywhere
> other than the premises where packed. The name shall be the actual
> corporate name or, when not incorporated, the name under which the
> business is conducted. For example:
>
> Processed by
>
> Argonaut Sponge Company
>
> 8190 Main Road
>
> Tarpon Springs, Florida 34568
>
> The address shall include street address, city, state (or country if
> outside the United States), and Zip Code (or the postal code, if any,
> used in countries other than the United States); however, the street
> address may be omitted if this is shown in a current city directory or
> telephone directory.
>
> Sample Labels

  ------------------------------ ----------- ---------------------------- --
  If a natural sponge is in a                                             
  box, carton, or package that                                            
  does not permit consumers to                                            
  see how many sponges are in                                             
  the box, the package must                                               
  include a count declaration                                             
  (e.g., 1 sponge) unless the                                             
  statement of identity clearly                                           
  expresses the fact that only                                            
  one unit is contained in the                                            
  package. A package containing                                           
  two or more units shall bear a                                          
  statement in terms of count                                             
  (e.g., 2 sponges). The                                                  
  following sample label would                                            
  apply.                                                                  

                                                                          

                                                                          
  ------------------------------ ----------- ---------------------------- --

If a package does not permit the consumer to see how many sponges are
the box, it must include a count declaration (e.g., 1 sponge) unless the
statement of identity clearly expresses the fact that only one unit is
contained in the package. A package containing two or more units shall
bear a statement in terms of count (e.g., 2 sponges). A transparent bag
of small pieces of sponge may be sold on the basis of count if the words
\"Irregular Dimensions\" appear in conjunction with the declaration of
count (e.g., 10 Sponges ‑ Irregular Dimensions).

**2.6.16. Minimum Fuel Flush for Octane
Verification**[]{#__RefHeading___Toc534602391 .anchor}

A minimum of 1.2 L (0.3 gal) of motor fuel shall be flushed from a
dispenser before taking a sample for octane verification. The flush
shall be returned to the storage tank containing the lowest octane.

(Added 2000)