Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-1 - RULES GOVERNING WEIGHTS, MEASURES, LABELING AND PACKAGING › Section 80-13-1-.12 - Exemptions Allowed For Specific Commodities And Packages

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever any consumer commodity or
				package of consumer commodity is exempted from the requirements for dual
				quantity declaration, the net quantity declaration required to appear on the
				package shall be in terms of the largest whole unit.
(2) A random package bearing a label
				conspicuously declaring net weight, price per pound and the total price shall
				be exempt from the type size, dual declaration, placement, and free area
				requirements. In the case of a random package packed at one place for
				subsequent sale at another, neither the price per unit of weight nor the total
				selling price need appear on the package, provided the package label includes
				both such prices at the time it is offered or exposed for sale at
				retail.
(3) Individually wrapped
				pieces of "penny candy" and other confectionery of less than one-half ounce net
				weight per individual piece shall be exempt from labeling requirements when the
				container in which such confectionery is shipped is in conformance with the
				labeling requirements of this regulation. Similarly, when such confectionery
				items are sold in bags or boxes, such items shall be exempt from labeling
				requirements, including the required declaration of net quantity of contents,
				when the declaration of the bag or box meets the requirements of this
				regulation.
(4) Individual
				serving-size packages of foods containing less than one-half ounce or less than
				one-half fluid ounce for use in restaurants, institutions, and passenger
				carriers, and not intended for sale at retail, shall be exempt from the
				required declaration of net quantity of contents.
(5) When individual cuts, plugs, and twists
				of tobacco and individual cigars are shipped or delivered in containers that
				conform to labeling requirements, such individual cuts, plugs, and twists of
				tobacco and cigars shall be exempt from such labeling requirements.
(6) Nothing in this regulation shall be
				deemed to preclude the continued use of reusable (returnable) glass containers,
				provided that such glass containers ordered after the effective date of this
				regulation shall conform to all requirements of this regulation.
(7) Cartons of cigarettes and small cigars,
				containing ten individual packages of twenty, labeled in accordance with the
				requirements of this chapter, shall be exempt from the requirements set forth
				in Rule no.
				80-13-1-.10(2) - location; Rule No.
				80-13-1-.10(8) minimum height of numbers and letters; and Rule no.
				80-13-1-.11(4) multi-unit packages, provided that such cartons bear a declaration of the net
				quantity of commodity in the package.
(8) Packages of meat and meat products,
				poultry, and poultry products, tobacco products, insecticides, fungicides,
				rodenticides, and alcoholic beverages shall be exempt from the requirements set
				forth in Rule No.
				80-13-1-.09(4) - weight: dual declaration;
				80-13-1-.09(5) fluid measure: dual quantity declaration;
				80-13-1-.09(7) - area measure: dual- quantity declaration;
				80-13-1-.10(2) - location; and
				80-13-1-.10(8) - minimum height of numbers and letters, provided that quantity labeling
				requirements for such products are specified in federal law, so as to follow
				reasonably sound principles of providing consumer information.
(9) Fluid dairy products, ice cream, and
				similar frozen desserts may be packaged as follows:
(a) When packaged in one-half-liquid-pint and
				one-half-gallon containers, are exempt from the requirements for stating net
				contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as
				one-half pint and one-half gallon, respectively.
(b) When packaged in 1-liquid-pint,
				1-liquid-quart, and one-half-gallon containers, are exempt from the dual net
				contents declaration requirements of Rule no.
				80-13-1-.09(5).
(c) When measured by and packaged in
				one-half-liquid-pint, 1-liquid-pint, 1-liquid-quart, one-half-gallon, and
				1-gallon measure containers as defined in "Measure-Container Code of National
				Bureau of Standards Handbook 44", are exempt from the requirements of Rule no.
				80-13-1-.10(2),
				that the declaration of net contents be located within the bottom 30 per cent
				of the principal display panel.
(d)
				Milk and milk products, when measured by and packaged in glass or plastic
				containers of one-half-liquid-pint, 1-liquid-quart, one-half-gallon, and
				one-gallon capacities, are exempt from the placement requirement of Rule No.
				80-13-1-.10(2),
				that the declaration of net contents be located within the bottom 30 per cent
				of the principal display panel, provided that other required label information
				is conspicuously displayed on the cap or outside closure, and the required net
				quantity of contents declaration is conspicuously blown, formed, or molded on,
				or permanently applied to that is at or above the shoulder of the
				container.