Declaration of Quantity: Consumer Packages

(1) Largest Whole Unit. Where 202 CMR 3.00 requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in (a) common or decimal fractions of such largest whole unit, or in (b) the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration. (2) Net Quantity. A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of a consumer package, and, unless otherwise specified in 202 CMR 3.00 (see 202 CMR 3.07(8)), shall be in terms of the largest whole unit. (a) Use of "Net Weight." The term "net weight" shall be used in conjunctionwiththe declaration of quantity in terms of weight; the term may either precede or follow the declaration of weight. (b) Lines of Print or Type. A declaration of quantity may appear on one or more lines of print or type. (3) Terms: Weight, Liquid Measure, or Count. The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or in terms of weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressingadeclaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity. (4) Combination Declaration. (a) A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative. (b) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count, and size of the individual units unless a declaration of measure alone is fully informative. (c) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative. (5) Units: Weight, Measure. A declaration of quantity (a) in units of weight shall be in terms of the avoirdupois pound or ounce; (b) in units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at 68°F (20°C), except in the case of petroleum products, for which the declaration shall express the volume at 60°F (15.6°C), and except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40°F (4°C); (c) in units of linear measure shall be in terms of the yard, foot, or inch; (d) in units of area measure, shall be in terms of the square yard, square foot, or square inch; (e) inunits ofdrymeasure shallbe in terms of the United States bushel of 2,150.42 cubic inches, or peck, dry-quart, and dry-pint subdivisions of the bushel; (f) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch: Provided, that in the case of a commodity packed for export shipment, the declaration of quantity may be in terms of the metric system of weight or measure. (6) Abbreviations. Any of the following abbreviations, and none other, may be employed in the quantity statement on a package of commodity: avoirdupois avdp quart qt cubic cu square sq feet or foot ft weight wt fluid fl yard yd gallon gal cubic centimeter cc inch in gram g liquid liq kilogram kg ounce oz microgram mcg pint pt milligram mg pound lb milliliter ml (There normally are no periods following, nor plural forms of, these abbreviations. For example, "oz" is the abbreviation for both "ounce" and "ounces.") (7) Units with Two or More Meanings. When the term "ounce" is employed in a declaration of liquid quantity, the declaration shall identify the particular meaning of the term bythe use of the term "fluid"; however, such distinction may be omitted when, by association of terms (for example, as in "1 pint 4 ounces"), the proper meaning is obvious. Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word "dry." (8) Prescribed Units. (a) Less than One Foot, One Square Foot, One Pound, or One Pint. The declaration of quantity shall be expressed in terms of 1. in the case of length measure of less than one foot, inches and fractions of inches; 2. in the case of area measure of less than one square foot, square inches and fractions of square inches; 3. in the case of weight of less than one pound, ounces and fractions of ounces; 4. in the case of fluid measure of less than one pint, ounces and fractions of ounces; Provided, that the quantitydeclaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than two decimal places. (b) Four Feet, Four Square Feet, Four Pounds, One Gallon or More. In the case of 1. lengthmeasure offour feet or more the declaration of quantity shall be expressed in terms of feet, followed in parentheses by a declaration of yards and common or decimal fractions of the yard, or in terms of feet followed in parentheses by a declaration of yards with any remainder in terms of feet and inches. In the case of 2. area measure of four square feet or more; 3. weight of four pounds or more; 4. fluid measure of one gallon or more the declaration of quantity shall be expressed in terms of the largest whole unit. (c) Weight: Dual Quantity Declaration. On packages containing one pound or more but less than four pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by declaration of parentheses, expressed in terms of the largest whole unit: Provided, that the quantity declaration appearing on a randompackage maybe expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places. (d) Fluid Measure: Dual Quantity Declaration. On packages containing one pint or more but less than one gallon, the declaration shall be expressed inounces and, inaddition, shallbe followed by a declaration in parentheses, expressed in terms of the largest whole unit. (e) LengthMeasure: DualQuantityDeclaration. On packages containing one foot but less than four feet, the declaration shall be expressed in inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit. (f) Area Measure: Dual Quantity Declaration. On packages containing one square foot but less thanfour square feet, the declaration shall be expressed in square inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit. (g) Bidimensional Commodities. For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed, 1. if less than one square foot, in terms of linear inches and fractions of linear inches; 2. if at least one square foot but less than four square feet, in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit: Provided, that no square inch declaration is required for a bidimensional commodity of four inches width or less; a dimension of less than two feet may be stated in inches within the parenthetical; and commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, for which see 202 CMR 3.07(5)(h). Count: Ply) require a declaration of unit area but not a declaration of total area of all such units; 3. if four square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole unit: Provided, that no declaration in square feet is required for a bidimensional commodity with a width of four inches or less; a dimension of less than two feet may be stated in inches within the parenthetical; and no declaration in square feet is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bed sheets) if such commodities clearly present the length and width measurements on the label. (h) Count: Ply. If the commodity is in individually usable units of one or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this regulation, include the number of ply and the total number of usable units. Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; however, such roll-type commodities shall be labeled in terms of total area measurement, number of ply, count of usable units, and dimensions of a single usable unit. (9) Fractions. A statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of ½'s, ¼'s, c's, 1/16's, or 1/32's. except that (a) if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, theymaybe employed, and (b) if linear measurements are required in terms of yards or feet, common fractions may be in terms of a's. A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than two places. (10) Supplementary Declarations. (a) Supplementary Quantity Declarations. The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents shall not include any terms qualifying a unit of weight, measure, or count, that tends to exaggerate the amount of commodity contained in the package (e.g., "giant" quart, "full" gallon, "when packed," "minimum," or words of similar import). (b) Metric System Declarations. A separate statement of the net quantity ofcontents interms of the metric system is not regarded as a supplemental statement, and a statement of quantity in terms of the metric system of weight or measure may also appear on the principal display panel or on other panels. (11) Qualification of Declaration Prohibited. Inno case shallanydeclarationofquantity be qualified by the addition of the words "when packed," "minimum," or "not less than," or any words of similar import, nor shall any unit of weight, measure, or count be qualified by any term (such as "jumbo," "giant," "full," or the like) that tends to exaggerate the amount of commodity.