Variations To Be Allowed

01. Packaging Variations. (3-15-22) a. Variations from Declared Net Quantity. Variations from the declared net weight, measure, or coun t are permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individua l packages that occur in good packaging practice, but such variations are not permitted to such extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity that is kept, offered, or expose d for sale, or sold, is below the quantity stated, and no unreasonable shortage in any package is permitted, even thoug h overages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above th e declared quantity may not be unreasonably large. (3-15-22) b. Variations Resulting from Exposure. Variations from the declared weight or measure are permitte d when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice an d that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce, provided that the phrase “introduced into intrastate commerce” as used in this paragraph must be construed to define the time and the place at which the first sale and delivery of a package is made within the state , the delivery being either: (3-15-22) i. Directly to the purchaser or to his agent; or (3-15-22) ii. To a common carrier for shipment to the purchaser, and this paragraph must be construed a s requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possessio n or under the control of the packager or the person who introduces the package into intrastate commerce, exposur e variations are not permitted. (3-15-22) 02. Magnitude of Permitted Variations. The magnitude of variations permitted under Section 260 o f this rule must, in the case of any shipment, delivery, or lot, be determined by the facts in the individual case. (3-15-22) 261. -- 269. (RESERVED)