An Act to regulate interstate and foreign commerce by preventing the use of unfair or deceptive methods of pacltaging or labeling of certain consumer commodities distributed in such commerce, and for other purposes
PL 89-755 (S.985), enacted 11/03/1966

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1296 
PUBLIC LAW 89-755-NOV. 3, 1966 
[80 STAT. 
(c) The last sentence of section 305(e) of the National Housing 
Act is amended by striking out "supplementing" and inserting in lieu 
thereof "supplementary", 
(d) Section 308 of the National Housing Act is amended by strik-
ing out "(a]". 
(e) Section 512 of the National Housing Act is amended by strik-
ing out "or I X " and inserting in lieu thereof "IX, X, or XI". 
(f) Section 1001(c) of the National Housing Act is amended by 
striking out " 'mortgage' " and inserting in lieu thereof " 'mort-
gagee' ". 
(g) Section 1 of the National Housing Act is amended by striking 
out "and X " wherever it appears and inserting in lieu thereof "X, 
and XI". 
(h) Section 102(h) of the Housing Amendments of 1955 is amended 
by striking out "section 213 of the National Housing Act, as amended, 
the Commissioner" and inserting in lieu thereof "section 213 of the 
National Housing Act, section 221(d)(3) of the National Housing 
Act, and section 101 of the Housing and Urban Development Act of 
1965 (insofar as the provisions of such sections relate to cooperative 
housing), the Secretary of Housing and Urban Development", and by 
striking out "such section" each place it appears and inserting in lieu 
thereof "such sections". 
Approved November 3, 1966. 
Public Law 89-755 
November 3, 1966 
A N A C T 
rs 9851 
LJ 
^ 
To regulate interstate and foreign commerce by preventing the use of unfair or 
deceptive methods of pacltaging or labeling of certain consumer commodities 
distributed in such commerce, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
<.„H^''^ K ^K^^^A"! 
United States of America in Congress assembled. That this Act may 
and Labeling Act. 
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be cited as the ^ h air Packaging and liabelmg Act". 
DECLARATION OF POLICY 
SEC. 2. Informed consumers are essential to the fair and efficient 
functioning of a free market economy. 
Packages and their labels 
should enable consumers to obtain accurate information as to the 
quantity of the contents and should facilitate value comparisons. 
Therefore, it is hereby declared to be the policy of the Congress to assist 
consumers and manufacturers in reaching these goals in the marketing 
of consumer goods. 
PROHIBITION OF UNFAIR AND DECEPTIVE PACKAGING AND I>ABELING 
SEC. 3. (a) It shall be unlawful for any person engaged in the 
packaging or labeling of any consumer commodity (as defined in this 
Act) for distribution in commerce, or for any person (other than a 
common carrier for hire, a contract carrier for hire, or a freight 
forwarder for hire) engaged in the distribution in commerce of any 
packaged or labeled consumer commodity, to distribute or to cause to 
l)e distributed in commerce any such commodity if such commodity is 
contained in a package, or if there is affixed to tnat commodity a label, 
which does not conform to the provisions of this Act and of regulations 
promulgated under the authority of this Act. 
80 STAT. ] 
PUBLIC LAW 89-755-NOV. 3, 1966 
1297 
(b) The prohibition contained in subsection (a) shall not apply to 
persons engaged in business as wholesale or retail distributors of con-
sumer commodities except to the extent that such persons (1) are en-
gaged in the packaging or labeling of such commodities, or (2) pre-
scribe or specify by any means the manner in which such commodities 
are packaged or labeled. 
REQUIREMENTS AND PROHIBITIONS 
SEC. 4. (a) No person subject to the prohibition contained in section 
3 shall distribute or cause to be distributed in commerce any packaged 
consumer commodity unless in conformity with regulations which shall 
be established by the promulgating authority pursuant to section 6 of 
this Act which shall provide that— 
(1) The commodity shall bear a label specifying the identity of the 
commodity and the name and place of business of the manufacturer, 
packer, or distributor | 
(2) The net quantity of contents (in terms of weight, measure, 
or numerical count) shall be separately and accurately stated in a 
uniform location upon the principal display panel of that label; 
(3) The separate label statement of net quantity of contents appear-
ing upon or affixed to any package— 
(A)(i) if on a package containing less than four pounds or one 
gallon and labeled in terms of weight or fluid measure, shall, unless 
subparagraph (ii) applies and such statement is set forth in 
accordance with such subparagraph, be expressed both in ounces 
(with identification as to avoirdupois or fluid ounces) and, if 
applicable, in pounds for weight units, with any remainder in 
terms of ounces or common or decimal fractions of the pound; or 
in the case of liquid measure, in the largest whole unit (quarts, 
quarts and pints, or pints, as appropriate) with any remainder in 
terms of fluid ounces or common or decimal fractions of the pint 
or quart; 
(li) if on a random package, may be expressed in terms of 
pounds and decimal fractions of the pound carried out to not 
more than two decimal places; 
(iii) if on a package labeled in terms of linear measure, shall be 
expressed both in terms of inches and the largest whole unit 
(yards, yards and feet, or feet, as appropriate) with any remain-
der in terms of inches or common or decimal fractions of the foot 
or yard; 
(iv) if on a package labeled in terms of measure of area, shall be 
expressed both in terms of square inches and the largest whole 
square unit (square yards, square yards and square feet, or square 
feet, as appropriate) with any remainder in terms of square inches 
or common or decimal fractions of the square foot or square yard; 
(B) shall appear in conspicuous and easily legible type in 
distinct contrast (by typography, layout, color, embossing, or 
molding) with other matter on the package; 
(C) shall contain letters or numerals in a type size which shall 
be (i) established in relationship to the area of the principal dis-
play panel of the package, and (ii) uniform for all packages of 
substantially the same size; and 
(D) shall be so placed that the lines of printed matter included 
in that statement are generally parallel to the base on which the 
package rests as it is designed to be displayed; and 
1298 
PUBLIC LAW 89-755-NOV. 3, 1966 
[SO STAT. 
(4) The label of any package of a consumer commodity which bears 
a representation as to the number of servings of such commodity con-
tained in such package shall bear a statement of the net quantity (in 
terms of weight, measure, or numerical count) of each such serving. 
ag*e]^f"'*°'" ^^''^' 
(5) For purposes of paragraph (3) (A) (ii) of this subsection the 
term "random package" means a package which is one of a lot, ship-
ment, or delivery of packages of the same consumer commodity with 
varying weights, that is, packages with no fixed weight pattern. 
(b) No person subject to the prohibition contained in section 3 
shall distribute or cause to be distributed in commerce any packaged 
consumer commodity if any qualifying words or phrases appear in 
conjunction with the separate statement of the net quantity of contents 
required by subsection (a), but nothing in this subsection or in para-
graph (2) of subsection (a) shall prohibit supplemental statements, 
at other places on the package, describing in nondeceptive terms the net 
quantity of contents: Provided, That such supplemental statements of 
net quantity of contents shall not include any term qualifying a unit 
of weight, measure, or count that tends to exaggerate the amount of 
the commodity contained in the package, 
ADDITIONAL REGULATIONS 
SEC. 5. (a) The authority to promulgate regulations under this Act 
is vested in (A) the Secretary of Health, Education, and Welfare (re-
\
^ 
ferred to hereinafter as the "Secretary") with respect to any consumer 
commodity which is a food, drug, device, or cosmetic, as each such term 
is defined by section 201 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321); and (B) the Federal Trade Commission (referred to 
hereinafter as the "Conmiission") with respect to any other consumer 
commodity. 
(b) If the promulgating authority specified in this section finds that, 
because of the nature, form, or quantity of a particular consumer com-
modity, or for other good and sufficient reasons, full compliance with 
all the req^uirements otherwise applicable under section 4 of this Act 
is impracticable or is not necessary for the adequate protection of con-
sumers, the Secretary or the Commission (whichever the case may be) 
shall promulgate regulations exempting such commodity from those 
requirements to the extent and under such conditions as the promulgat-
ing authority determines to be consistent with section 2 of this Act. 
(c) Whenever the promulgating authority determines that regula-
tions containing prohibitions or requirements other than those pre-
scribed by section 4 are necessary to prevent the deception of con-
sumers or to facilitate value comparisons as to any consumer commod-
ity, such authority shall promulgate with respect to that commodity 
regulations etfective to— 
(1) establish and define standards for characterization of the 
size of a package enclosing any consumer commodity, which may 
be used to supplement the label statement of net quantity of con-
tents of packages containing such commodity, but this paragraph 
shall not be construed as authorizing any limitation on the size, 
shape, weight, dimensions, or number of packages which may be 
used to enclose any commodity; 
52 Stat. 1040. 
1040. 
21 u s e 321. 
80 STAT. ] 
PUBLIC LAW 89-755-NOV. 3, 1966 
1299 
(2) regulate the placement upon any package containing any 
commodity, or upon any label affixed to such commodity, of any 
printed matter stating or representing by implication that such 
commodity is offered for retail sale at a price lower than the 
ordinary and customary retail sale price or that a retail sale 
price advantage is accorded to purchasers thereof by reason of the 
size of that package or the quantity of its contents; 
(3) require that the label on each package of a consumer com-
modity (other than one which is a food within the meaning of 
section 201(f) of the Federal Food, Drug, and Cosmetic Act) 
2? nsr 
bear (A) the common or usual name of such consumer commodity, 
if any, and (B) in case such consumer commodity consists of two 
or more ingredients, the common or usual name of each such 
ingredient listed in order of decreasing predominance, but nothing 
in this paragraph shall be deemed to require that any trade 
secret be divulged; or 
(4) prevent the nonfunctional-slack-fill of packages containing 
consumer commodities. 
For purposes of paragraph (4) of this subsection, a package shall be 
deemed to be nonfunctionally slack-filled if it is filled to substantially 
less than its capacity for reasons other than (A) protection of the con-
tents of such package or (B) the requirements of machines used for 
enclosing the contents in such package. 
(d) Whenever the Secretary of Commerce determines that there is 
undue proliferation of the weights, measures, or quantities in which 
any consumer commodity or reasonably comparable consumer com-
modities are being distributed in packages for sale at retail and such 
undue proliferation impairs the reasonable ability of consumers to 
make value comparisons with respect to such consumer commodity or 
commodities, he shall request manufacturers, packers, and distributors 
of the commodity or commodities to participate in the development of 
a voluntary product standard for such commodity or commodities 
under the procedures for the development of voluntary products 
standards established by the Secretary pursuant to section 2 of the 
Act of March 3, 1901 (31 Stat. 1449, as amended; 15 U.S.C. 272). 
^^ ^tat. 371 
Such procedures shall provide adequate manufacturer, packer, dis-
tributor, and consumer representation. 
(e) If (1) after one year after the date on which the Secretary of 
Commerce first makes the request of manufacturers, packers, and dis-
tributors to participate in the development of a voluntary product 
standard as provided in subsection (d) of this section, he determines 
that such a standard will not be published pursuant to the provisions of 
such subsection (d), or (2) if such a standard is published and the 
Secretary of Commerce determines that it has not been observed, he 
shall promptly report such determination to the Congress with a state-
ment of the efforts that have been made under the voluntary standards 
program and his recommendation as to whether Congress should 
enact legislation providing regulatory authority to deal witli tlie 
situation in question. 
PROCEDURE FOR PROMULGATION 
OB" RE(}ULA'1'10NS 
SEC. 6. (a) Regulations promulgated by the Secretary under section 
4 or section 5 of this Act shall be promulgated, and shall be subject to 
1300 
PUBLIC LAW 89-755-NOV. 3, 1966 
[80 STAT. 
judicial review, pursuant to the provisions of subsections (e), (f), and 
(g) of section 701 of the Federal Food, Drug, and Cosmetic Act (21 
7o^statr 919°^^' 
U.S.C. 371 (e), (f), and (g). 
Hearings authorized or required for the 
promulgation of any such regulations by the Secretary shall be con-
ducted by the Secretary or by such officer or employee of the Depart-
ment of Health, Education, and Welfare as he may designate for that 
purpose. 
(b) Regulations promulgated by the Commission under section 4 or 
section 5 of this Act shall be promulgated, and shall be subject to 
judicial review, by proceedings taken in conformity with the provisions 
of subsections (e)j (f), and (g) of section 701 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 371 (e), (f), and (g)) in the same 
manner, and with the same effect, as if such proceedings were taken by 
the Secretary pursuant to subsection (a) of this section. 
Hearings 
authorized or rec[uired for the promulgation of any such regulations 
by the Commission shall be conducted hy the Commission or by such 
officer or employee of the Commission as the Commission may designate 
for that purpose. 
(c) In carrying into effect the provisions of this Act, the Secretary 
and the Commission are authorized to cooperate with any department 
or agency of the United States, with any State, Commonwealth, or 
possession of the United States, and with any department, agency, or 
political subdivision of any such State, Commonwealth, or possession. 
(d) No regulation adopted under this Act shall preclude the con-
tinued use of returnable or reusable glass containers for beverages in 
inventory or with the trade as of the effective date of this Act, nor shall 
any regulation under this Act preclude the orderly disposal of packages 
in inventory or with the trade as of the effective date of such regulation. 
ENFORCEMENT 
SEC. 7. (a) Any consumer commodity which is a food, drug, device, 
or cosmetic, as each such term is defined by section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is intro-
duced or delivered for introduction into commerce in violation of any 
of the provisions of this Act, or the regulations issued pursuant to this 
Act, shall be deemed to be misbranded within the meaning of chapter 
21 use 331-337. j j j ^f ^j^g Federal Food, Drug, and Cosmetic Act, but the provisions 
of section 303 of that Act (21 U.S.C. 333) shall have no application to 
any violation of section 3 of this Act. 
(b) Any violation of any of the provisions of this Act, or the regula-
tions issued pursuant to this Act, with respect to any consumer com-
modity which is not a food, drug, device, or cosmetic, shall constitute 
an unfair or deceptive act or practice in commerce in violation of 
1
5 use' 4"^' 
section 5 (a) of the Federal Trade Commission Act and shall be subject 
to enforcement under section 5(b) of the Federal Trade Commission 
52 Stat. 112. 
A c t . 
(c) In the case of any imports into the United States of any consumer 
commodity covered by this Act, the provisions of sections 4 and 5 of 
this Act shall be enforced by the Secretary of the Treasury pursuant 
to section 801 (a) and (b) of the Federal Food, Drug, and Cosmetic 
eilTisT'-' 
Act(21U.S.C.381). 
REPORTS TO THE CONGRESS 
SEC. 8. Each officer or agency required or authorized by this Act to 
promulgate regulations for the packaging or labeling of any consumer 
commodity, or to participate in the development of voluntary product 
80 STAT. ] 
PUBLIC LAW 89-755-NOV. 3, 1966 
1301 
standards with respect to any consumer commodity under procedures 
referred to in section 5(d) of this Act, shall transmit to the Congress in 
January of each year a report containing a full and complete descrip-
tion of the activities of that officer or agency for the administration 
and enforcement of this Act during the preceding fiscal year. 
COOPERATION W I T H STATE AUTHORITIES 
SEC. 9. (a) A copy of each regulation promulgated under this Act 
shall be transmitted j)romptly to the Secretary^ of Commerce, who 
shall (1) transmit copies thereof to all appropriate State officers and 
agencies, and (2) furnish to such State officers and agencies informa-
tion and assistance to promote to the greatest practicable extent unir 
formity in State and Federal regulation of the labeling of consumer 
commodities. 
(b) Nothing contained in this section shall be construed to impair or 
otherwise interfere with any program carried into effect by the Secre-
tary of Health, Education, and Welfare under other provisions of law 
in cooperation with State governments or agencies, instrumentalities, 
or political subdivisions thereof. 
DEFINITIONS 
SEC. 10. For the purposes of this Act— 
(a) The term "consumer commodity", except as otherwise specifically 
provided by this subsection, means any food, drug, device, or cosmetic 
(as those terms are defined by the Federal Food, Drug, and Cosmetic 
Act), and any other article, product, or commodity of any kind or class 
^i use 321. 
which is customarily produced or distributed for sale through retail 
sales agencies or instrumentalities for consumption by individuals, or 
use by individuals for purposes of personal care or in the performance 
of services ordinarily rendered within the household, and which usually 
is consumed or expended in the course of such consumption or use. 
Such term does not include— 
(1) any meat or meat product, poultry or poultry product, or 
tobacco or tobacco product; 
(2) any commodity subject to packaging or labeling require-
ments imposed by the Secretary of Agriculture pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act, or the pro- 
7^us'c'i35^note 
visions of the eighth paragraph under the heading "Bureau of 
Animal Industry" of the Act of March 4,1913 (37 Stat. 832-833; 
21 IJ.S.C. 151-157), commonly known as the Virus-Serum-Toxin 
Act; 
(3) any drug subject to the provisions of section 503(b) (1) or 
506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353 
(b) (1) and 356) ; 
es stat. 648; 
(4) any beverage subject to or complying with packaging or 
labeling requirements imposed under the Federal Alcohol Admin-
istration Act (27 U.S.C. 201 et seq.); or 
49 stat. 977. 
(5) any commodity subject to the provisions of the Federal Seed 
Act (7 U.S.C. 1551-1610). 
53 stat. 1275. 
(b) The term "package" means any container or wrapping in which 
any consumer commodity is enclosed for use in the delivery or display 
of that consumer commodity to retail purchasers, but does not include— 
(1) shipping containers or wrappings used solely for the trans-
portation of any consumer commodity in bulk or in quantity to 
1302 
PUBLIC LAW 89-755-NOV. 3, 1966 
[80 STAT. 
manufacturers, packers, or processors, or to wholesale or retail 
distributors thereof; 
(2) shipping containers or outer wrappings used by retailers 
to ship or deliver any commodity to retail customers if such con-
tainers and wrappings bear no printed matter pertaining to any 
particular commodity; or 
(8) containers subject to the provisions of the Act of August 3, 
1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), the Act of 
March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236), 
the Act of August 31, 1916 (39 Stat. 673, as amended; 15 U.S.C. 
251-256), or the Act of May 21, 1928 (45 Stat. 685, as amended; 
15 U.S.C. 257-2571). 
(c) The term "label" means any written, printed, or graphic matter 
affixed to any consumer commodity or affixed to or appearing upon a 
package containing any consumer commodity. 
(d^ The term 
"person" includes any 
firm, 
corporation, 
or 
association. 
(e) The term "commerce" means (1) commerce between any State, 
the District of Columbia, the Commonwealth of Puerto Rico, or any 
territory or possession of the United States, and any place outside 
thereof, and (2) commerce within the District of Columbia or within 
any territory or possession of the United States not organized with a 
legislative body, but shall not include exports to foreign countries. 
(f) The term "principal display panel means that part of a label 
that is most likely to be displayed, presented, showm, or examined under 
normal and customary conditions of display for retail sale. 
SAVING PROVISION 
SEC. 11. Nothing contained in this Act shall be construed to repeal, 
invalidate, or supersede— 
1
5 usc'ssV* 
(^) t^® Federal Trade Commission Act or any statute defined 
therein as an antitrust Act; 
21 u?c 30 u ' 
(b) the Federal Food, Drug, and Cosmetic Act; or 
74 Stat. 3 7
2
*
. 
(c) the Federal Hazardous Substances Labeling Act. 
15 use 1261 note. 
EFFECT UPON STATE LAW 
SEC. 12. It is hereby declared that it is the express intent of Congress 
to supersede any and all laws of the States or political subdivisions 
thereof insofar as they may now or hereafter provide for the labeling 
of the net quantity of contents of the package of any consumer com-
modity covered by this Act which are less stringent than or require 
information different from the requirements of section 4 of this Act or 
regulations promulgated pursuant thereto. 
EFFECTIVE DATE 
SEC. 13. This Act shall take effect on July 1, 1967: Provided, That 
the Secretary (with respect to any consumer commodity which is a 
food, drug, device, or cosmetic, as those terms are defined by the Federal 
52 Stat. 1040. 
FooQ, Drug, aud Cosmetic Act), and the Commission (with respect 
to any other consumer commodity) may by regulation pc^tpone, for 
an additional twelve-month period, the effective date of this Act with 
respect to any class or type of consumer commodity on tJie basis of a 
finaing that such a postponement would be in the public interest. 
Approved November 3, 1966. 
21 use 321.