Federal Trade Commission

Bureau of Consumer Protection

Office of Consumer & Business Education

(202) FTC-HELP www.ftc.gov

August 1998 1 2

Good

Packaging

Practices for

Dairy Products

Federal and state agencies have recentlyconducted two studies of the accuracy

of net content statements on cartons of

milk. A 1997 study found that many

containers of milk sold at wholesale and

retail and many cartons of milk served in

schools, universities and hospitals contained less than the amount stated on the

label. Although the individual package

shortages were very small, the cumulative

effect of short-filling can be significant

over time and across the industry.

Following the 1997 study, federal and

state agencies worked closely with industry

members in an effort to improve compliance. A 1998 follow-up study shows that

this effort has resulted in considerable

improvement in the accuracy of net content

statements on milk.

This follow-up study also shows,

however, that there is still need for further

improvement in compliance levels at some

dairies and packagers. When government

inspectors pull under-filled containers from

sale, retailers, packagers and dairies lose.

Whats more, when these shortages affect

the milk served with school breakfasts and

lunches, there can be other consequences,

too.

Study Findings

In the 1998 follow-up study, weights and

measures officials across the country

conducted inspections. Using procedures

developed by the National Conference on

Weights and Measures (NCWM) and the

National Institute of Standards and Technology (NIST), the inspectors examined

the accuracy of net content labeling of over

3,300 lots of milk served in schools,

universities and hospitals and sold by

retailers, packagers and dairies.

The inspections, which took place over

a three-week period, found considerable

improvement in the accuracy of net content

labels on milk containers, compared to a

year earlier. In 1997, just 55 percent of the

lots of milk passed inspection. A year

later, in the 1998 follow-up study, over 80

percent passed inspection.

Still, improvement is needed. In the

1998 follow-up study, almost one in five

lots of milk failed inspection. Results

varied among states, with the failures

ranging from four percent to 50 percent of

inspected lots. Results also varied widely

among packagers and dairies.

Good Quantity Control Practices

NIST Handbook 133, a guide for compliance testing of net content statements on

packaged goods, includes statistical procedures that recognize reasonable variations

permitted in good packaging practices.

Although developed primarily for government use, it is valuable for companies

involved in packaging, distributing and

selling dairy products.

The Handbook outlines procedures for

random sampling of packages from an

inspection lot. For milk, an inspection lot

Facts

for Business

MEASURING UP!
345

of gallons could include all gallons of

Brand X whole milk with the same expiration date. Using NIST procedures and

specific equipment, the packages are tested

to determine whether they are over- or

under-filled. Milk and juice must be

labeled by volume in units such as fluid

ounces and milliliters, and yogurt and

cottage cheese are labeled by weight in

units such as ounces and grams so testing

is performed using precision flasks and

balances.

For the lot to pass inspection, the

contents of the random sample on average

must equal or exceed the amount of product stated on the label.

Compliance

The Food and Drug Administration recently proposed revisions to the regulations

that govern the net content labeling on

food packages. Based on NIST Handbook

133, the revisions would establish procedures for ensuring regulatory uniformity

nationwide.

State and local officials have primary

responsibility for ensuring the accuracy of

the net content labeling of foods on a dayto-day basis. The FDA has authority to

enforce the Fair Packaging and Labeling

Act for the net content labeling of foods.

And the Federal Trade Commission has

authority to proceed against inaccurate net

content labeling of food as a deceptive

practice.

Federal, state and local officials will

coordinate their efforts to monitor the

accuracy of net content labeling of dairy

products and juice, as well as other foods.

Dairies, packers and bottling plants are

encouraged to examine and voluntarily

reform their packaging practices if necessary. Industry members that fail to resolve

poor manufacturing practices risk government enforcement actions resulting in

fines, exclusions from government contracts, or other mandates to correct their

behavior.

For More Information

The following state and federal officials

are available to answer your questions

about state requirements for net content

labeling.

 The NCWM has developed a detailed

set of guidelines for Good Quantity

Control Practices. To order the guidelines or a copy of NIST Handbook 133,

contact:

National Institute of Standards

 and Technology

Office of Weights and Measures

Building 820 (Room 223)

Gaithersburg, MD 20899

Tel: 301-975-4004,

Fax: 301-926-0647

www.nist.gov/owm

 Copies of the federal/state study are

available from NIST at the address

above, and the FTC:

Consumer Response Center

Federal Trade Commission

Washington, DC 20580

Tel: (202) FTC-HELP (382-4357)

www.ftc.gov

 The U.S. Department of Agriculture

can answer your questions about school

meal programs. Contact:

U.S. Department of Agriculture

Food and Consumer Service

Child Nutrition Division

3101 Park Center One, Room 1008

Alexandria, VA 22302-1500

Tel: 703-305-2590

 To learn more about the FDAs proposed rulemaking on net content labeling, contact:

U.S. Food and Drug Administration

Office of Food Labeling

200 C Street, SW (HFS 158)

Washington, DC 20204

Tel: 202-205-5099

 To learn about industry sponsored

training efforts, contact:

Carey P. Frye, Vice President

International Dairy Foods Association

1250 H Street, NW

Washington, DC 20005

Tel: 202-737-4332