New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter V - Weight and Measures › Part 221 - COMMODITIES › Section 221.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				commodity in package form shall be construed to mean a commodity put up or
				packaged in any manner in advance of sale in units suitable for either
				wholesale or retail sale. An individual item or lot of any commodity not in
				packaged form as defined in this section, but on which there is marked a
				selling price based on an established price per unit of weight or of measures,
				shall be construed to be a commodity in package form.
(b) A consumer package or package of consumer
				commodity shall be construed to mean a commodity in package form that is
				customarily produced or distributed for sale through retail sale agencies or
				instrumentalities for consumption by individuals, 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.
(c) A nonconsumer package or package of
				nonconsumer commodity shall be construed to mean any commodity in package form
				other than a consumer package, and particularly a package intended solely for
				industrial or institutional use or for wholesale distribution.
(d) The term random package shall be
				construed to mean a package that is one of a shipment or delivery of packages
				of the same consumer commodity with no fixed pattern of net contents.
(e) The term label shall be construed to mean
				any written, printed, or graphic matter affixed to, applied to, attached to,
				blown into, formed, molded into, embossed on, or appearing upon or adjacent to
				a consumer commodity or a package containing any consumer commodity, for
				purposes of branding, identifying, or giving any information with respect to
				the commodity or to the contents of the package.
(f) The term person shall be construed to
				mean both singular and plural and shall include any individual, partnership,
				firm, company, corporation, association and society.
(g) The term principal display panel or
				panels shall be construed to mean that part, or those parts of a label that is,
				or are, so designed as to be most likely to be displayed, presented, shown, or
				examined under normal and customary conditions of display and purchase.
				Wherever a principal display panel appears more than once on a package, all
				requirements pertaining to the "principal display panel" shall pertain to all
				such "principal display panels."
(h) The term multi-unit package shall be
				construed to mean a package containing two or more individual packages of the
				same commodity, in the same quantity, with the individual packages intended to
				be sold as part of multi-unit package but capable of being individually sold in
				full compliance with all requirements of this Part.
(i) Sale at retail means a transaction
				wherein a person sells a commodity to the consumer, whether such sale is
				consummated at the place of business of the seller or by mail, telephone or in
				writing at a place other than at the place of business. Places of business
				carrying on such transactions include, but are not limited to, supermarkets,
				grocery stores, butcher shops, food freezer dealers, food plan companies, and
				department and variety stores.