§ 1.249. Net quantity statements—general.
(a) The statement of net quantity of contents shall appear on the principal display panel of all containers to be sold at retail intact and shall appear on all containers in conspicuous and easily legible boldface print or type in distinct contrast to other matter on the package.
(b) The statement as it is shown on a label shall not be false or misleading and shall express an accurate statement of the quantity of contents of the container exclusive of wrappers and packing substances. Reasonable variations caused by loss or gain or moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practice shall be recognized. Variations from stated quantity of contents shall not be unreasonably large.
(c) The statement shall be placed on the principal display panel within the bottom 30% of the area of the panel in lines generally parallel to the base except that on packages having a principal display panel of five square inches or less, such requirement shall not apply when the statement meets the other requirements of this Subchapter. In any case, the statement may appear in more than one line. The terms ‘‘net weight’’ or ‘‘net wt.’’ shall be used when stating the net quantity of contents in terms of weight, and the term ‘‘net contents’’ or ‘‘content’’ when stating the net quantity of contents in terms of fluid measure.
(d) Except as provided in § 1.269 (relating to labels in foreign languages), the statement shall be expressed in terms of avoirdupois weight or liquid measure. Where no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure if the product is liquid, or in terms of weight if the product is solid, semisolid viscous or a mixture of solid and liquid. For example, a declaration of 3/4 pound avoirdupois weight shall be expressed as ‘‘Net Wt. 12 oz.’’ unless it is on a random weight package and a declaration of 1 1/2 pounds avoirdupois weight shall be expressed as ‘‘Net Wt. 24 oz. (1 lb. 8 oz.),’’ ‘‘Net Wt. 24 oz. (1 1/2 lb.),’’ or ‘‘Net Wt. 24 oz. (1.5 lbs.).’’
(e) A ‘‘random weight package’’ is one which is one of a lot, shipment or delivery of packages of the same product with varying weights and with no fixed weight pattern.
Cross References This section cited in 7 Pa. Code § 1.244 (relating to information required on principal display panel); 7 Pa. Code § 1.253 (relating to multiunit retail packages); and 7 Pa. Code § 1.255 (relating to exemptions from quantity statement requirements).
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