Package and Labeling

Differences

Consumer vs Non-consumer

By 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: 

Inside this Issue

Page

Package and Labeling 

Differences 1

Calendar 2

Weights and Measures News

Links 3

This Month in

History

March 23, 1775 - Patrick Henry gave a rousing speech before the Virginia convention in

Richmond that ignited the American Revolution. His famous statement, "I know not

what course others may take; but as for me,

give me liberty, or give me death!” 

March 1, 1781 - Formal ratification of the Articles of Confederation was announced by

Congress. Under the Articles, Congress was

the sole governing body of the new American

national government, consisting of the 13

original states. The Articles remained in effect through the Revolutionary War until

1789, when the current U.S. Constitution was

adopted.

1

Volume I Issue 2

March 8, 2010

Weights and

Measures News

Links 

See Page 3
Calendar 2010

March 22 - 26

Measurement Science Conference

Pasadena, CA

April 12 - 13

National Industrial Scale Association (NISA)

Pittsburg, PA

April 12 - 16

SEMAP

Gaithersburg, MD

May 3 - 7

WRAP

Gaithersburg, MD

May 10 - 13

Northeastern Weights & Measures Association - Annual Meeting

Groton, CT

May 16 - 17

Central Weights & Measures Association

Annual Meeting

Springfield, IL

May 17 - 21

Basic Mass - Industry

Gaithersburg, MD

June 14 - 18

Laboratory Administration Seminar

Gaithersburg, MD

July 11 - 15

NCWM 95th Annual Meeting

St. Paul, MN

July 25 - 29

NCSL International Workshop & Symposium

Providence, RI

August 25 - 26

NCWM - NTETC Grain Analyzer Sector Meeting

Kansas City, MO

August 31

NCWM - NTETC Weighing Sector Meeting

Columbus, OH

September 12 - 15

Central Weights & Measures Association

Interim Meeting

Rock Island, IL

W&M Connection 2 Volume I Issue 2

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. 

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. 

(continued on page 3)
September 13 - 17

NEMAP

Gaithersburg, MD

September 19 - 24

CIML 2010 Meeting

Orlando, FL

September 26 - 30

Western Weights & Measures Association

Olympia, WA

October 1 - 2

NCWM - NTETC Measuring Sector Meeting

Columbia, SC

October 3 - 6

Southern Weights & Measures Association

Columbia, SC

October 11 - 12

National Industrial Scale Association (NISA)

Seattle, WA

October 13 - 14

Northeastern Weights & Measures Association - Interim Meeting

Norwich, CT

Calendar 2011

January 23 - 26

NCWM 96th Interim Meeting

Dallas, TX

Additional details on the above calendar

items can be found at:

http://ts.nist.gov/WeightsAndMeasures/calendar3.cfm

W&M Connection 3 Volume 1 Issue 2

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 non-consumer package must appear in the English language

(see UPLR Sections 8.1 and 9.1).

Method of Sale 

Consumer and Non-consumer – the method of sale could be different

between a consumer and non-consumer 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 non-consumers

packages?” 

ANSWER: For this, going back to the definition of a consumer and nonconsumer 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.

(continued on page 4)

W&M NEWS WEB LINKS

Georgia Expanding Tifton Labs

http://www.moultrieobserver.com/local/lo

cal_story_064224554.html

Michigan Price Check Protection 

http://www.wwmt.com/video/?videoId=66

672663001

Inching Our Way into the 

Metric System

http://www.mcall.com/news/all-carp1-

qt.7040681oct02,0,2121034.column
W&M Connection 4 Volume 1 Issue 2