Article Ref: F-028 

Weights and Measures Connection, Vol. 1, Issue 2 Page 1

Packaging and Labeling Differences

Consumer vs Non-consumer

Byline: David Sefcik

“What are the differences in labeling requirements between 

Consumer and Non-consumer Packages?”

Weights and measures officials have authority under their state’s weights and measures laws to inspect 

packages for compliance with labeling and net weight requirements.

From time to time, we receive questions from state officials asking if and how the Uniform 

Packaging and Labeling Regulations (UPLR) found in NIST HB 130, “Uniform Laws and 

Regulations” should be applied to non-consumer packages. The UPLR requirements for 

identity, responsibility, and quantity apply to both consumer and non-consumer packages, 

though somewhat differently.

DEFINITIONS

It is important to understand the difference between a consumer and non-consumer package.

Consumer Package – A package that is customarily produced or distributed for sale through retail 

sales agencies or instrumentalities for consumption or use by individuals for the 

purposes of personal care or in the performance of services ordinarily rendered in or 

about the household or in connection with personal possessions (e.g., items sold on 

the shelf of retail store such as a 12 oz can of peas or a 2 L soda bottle).

Non-consumer Package – Any package other than a consumer package and 

particularly a package intended solely for industrial or institutional use or for 

wholesale distribution (e.g., business to business, such as a case of twelve, 12 oz cans of peas; pack of 

twelve, 50 count bottle of vitamins; 50 gal drum of cleaning solution; or 35 lb bag of ground corn cob 

animal bedding).

REQUIREMENTS

There are three primary labeling requirements:

Declaration of Identity – the identity defines the common or usual name, the name specified in or 

required by federal or state law, or the generic name or other appropriate description including a 

statement of function (such as “cleaning powder”).

Declaration of Responsibility – any package kept, offered, or exposed for sale, or sold at any place other 

than on the premises where packed shall specify conspicuously on the label of the package the name 

(corporate name or if not incorporated, the name under which the business is conducted) and address 

(street, city, state, and zip code or country if outside the United States) of the manufacturer, packer, or 

distributor. The street address may be omitted if it is shown in a current city or telephone directory. 

Inclusion of a website and/or telephone number does not meet the requirement for declaration of 

responsibility.
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Weights and Measures Connection, Vol. 1, Issue 2 Page 2

Declaration of Quantity – states the net quantity of contents by weight, measure, or count using the 

International System of Units (SI) and inch pound system of weights and measures. Appropriate units of 

both systems shall be represented in the declaration of quantity except as specified in Sections 11.32 

and 11.33 of the UPLR, which state the exceptions to consumer commodities.

How do the requirements differ for Consumer and Non-consumer Packages?

DECLARATION OF IDENTITY

Consumer – the identity shall appear on the principal display panel (the part of the label that is 

designed to be displayed, presented, shown, or examined under normal and customary conditions of 

display and purchase), shall not be misleading or deceptive, and must appear generally parallel to the 

base on which the package rests.

Non-Consumer - the identity may appear anywhere on the outside of the package and must not be 

misleading or deceptive.

DECLARATION OF RESPONSIBILITY

Consumer and Non-consumer– the requirements apply equally to both. 

DECLARATION OF QUANTITY

Prominence

Consumer – the UPLR lists specific requirements on location, style of type or lettering, color contrast, 

free area and type size.

Non-consumer – UPLR requirements on location, style of type or lettering, color contrast, free area and 

type size do not apply. The only requirement stated for a non-consumer package is that “all information 

must be definitely and clearly stated.”

Placement

Consumer – the quantity shall appear on the lower 30 % of the principal display panel.

Non-consumer - the quantity declaration can appear anywhere on the outside of the package.

Units

Consumer – must bear both SI and inch-pound units (see UPLR Sections 11.32 and 11.33 for 

exemptions that apply).

Non-consumer – may bear only SI units or inch-pound (customary) units, or both; and shall be in the 

largest whole units.

OTHER REQUIREMENTS Language

Consumer and Non-consumer – all information required to appear on a consumer and nonconsumer package must appear in the English language (see UPLR Sections 8.1 and 9.1).
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Weights and Measures Connection, Vol. 1, Issue 2 Page 3

Method of Sale

Consumer and Non-consumer – the method of sale could be different between a consumer and nonconsumer package if there is a firmly established general consumer usage or trade custom (e.g., animal 

bedding sold to consumer verses animal bedding sold to laboratories).

FAQ’S

Below are answers to a couple of the most frequently asked questions:

QUESTION 1: “What if a non-consumer package is sold to a retail 

consumer? Is it exempt from the UPLR requirements for consumer 

packages?”

ANSWER: It is exempt only in certain circumstances and only if the primary intent of the manufacturer is 

for the package to be a non-retail selling unit. The Federal Trade Commission (FTC) states that “the fact 

that there may be occasional, isolated, minimal, sporadic sales of such commodities at retail to household 

consumers would not remove such commodities from the exception, provided , the sales at retail were 

unintended by the manufacture and were in fact beyond the manufacturer’s control.” (Bulletin No. 6 FTC)

QUESTION 2: “Are products packaged for sale at membership clubs and 

warehouses (e.g., Costco and Sam’s) considered consumer or nonconsumers packages?”

ANSWER: For this, going back to the definition of a consumer and non-consumer package is helpful. It 

is clear that these products are produced or distributed for sale through retail sales agencies or 

instrumentalities for consumption or use by individuals. Even though they are also purchased by 

businesses, the sole intent is not to sell them only for industrial or institutional use. So, all products sold 

in these outlets would need to comply with the UPLR for consumer packages.

If you have any questions or need further clarification, please do not hesitate to contact me at 

dsefcik@nist.gov or at (301) 975 4868.
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Weights and Measures Connection, Vol. 1, Issue 2 Page 4

UPLR Requirements for

Consumer vs. Non-Consumer Packages

 REQUIREMENT CONSUMER NON-CONSUMER

Language English (see UPLR Sections 8.1 and 9.1)

Identity Shall appear onthe principal display panel andparallel

to baseonwhich package rests.

Can appear anywhere on the outside of 

the package.

Responsibility Name and full address of manufacturer, packer or distributor. Specified 

conspicuously on the label.

QUANTITY

Location

Lower 30 %of principal displaypanel.

No specific requirements. Can appear 

anywhere on outside of the package.

Largest Whole Unit SI and inch pound must be in the largest whole units. SI in decimal fractions of such largest whole

unit. Inch pound in common or decimal fractions, orin the next smaller whole unit or units with any

further remainderin terms of common or decimal fractions.

SI and Inch Pound Shall bear both SI and inch pound units. See

exemptions in UPLR Sections 11.32 and 11.33.

Maybear only SI units orinch pound

(customary) units, or both.

Symbols and

Abbreviations

Any generally accepted symbol and abbreviations of a unit name may be employed.

See UPLR Sections 6.5.1 and 6.7.1.

Color Contrast Color contrasts conspicuously with its 

background.

No specific requirements. Only that it

is definitely and clearly stated.

Free Area Area surrounding quantitydeclaration shall be free of

printed information above and below, by a space equal

to at least the height of the lettering and to the left and 

right, by a space equal to twice the width of the letter 

"N" of the style and size of type used in the 

declaration.

Style of Type or

Lettering

Clearly, boldly and conspicuously presented with

respect to other type lettering or graphic material on

the package.

Minimum Height of

Numbers and Letters

See UPLR, Section 8.2.1, Table 1 fortype size which

is based on the size of the principal displaypanel.

Proportion of

Numbers and Letters

No number orletter shall be more than three times 

as high as it is wide.

Quantity Declaration

Parallel to Base

Parallel to the declaration of identity and to the base 

on which the package rests.

Other Requirements

and Exceptions See UPLR Section 11

None
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Weights and Measures Connection, Vol. 1, Issue 2 Page 5