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Subject 40-15-3 PACKAGING AND LABELING, ADVERTISING AND REPRESENTATIONS IN GENERAL

Rule 40-15-3-.01 Application

This regulation shall apply to packages and to commodities in package form, but shall not apply to:

(a) inner wrappings not intended to be individually sold to the customer;
(b) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or non-consumer commodities, as defined herein;
(c) auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity;
(d) containers used for retail tray pack displays when the container itself is not intended to be sold (e.g., the tray that is used to display individual envelopes of seasonings, gravies, etc., and the tray itself is not intended to be sold); or
(e) open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed or graphic matter obscuring the label information required by this regulation.

Rule 40-15-3-.02 Definitions

(1) Commodity in Package Form. The term "commodity in package form" means 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 package 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 measure, shall be construed to be a commodity in package form. Where the term "package" is used in this regulation, it shall mean "commodity in package form" as herein defined.
(2) Consumer Package: Package of Consumer Commodity. A "consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or used 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.
(3) Non-consumer Package: Package of Non-consumer Commodity. A "non-consumer package" or "package of non-consumer commodity" means 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.
(4) Random Package. The term "random package" means a package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights; that is, packages of the same consumer commodity with no fixed pattern of weight.
(5) Label. The term "label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for the purposes of branding, identifying, or giving any information with respect to the contents of the package, except that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this regulation.
(6) Person. The term "person" means both singular and plural, and shall include any individual, partnership, company, corporation, association and society.
(7) Principal Display Panel or Panels. The term "principal display panel or panels" means that part, or those parts, of a label that is, or are, so designed as to most likely be displayed, presented, shown or examined under normal customary conditions of display and purchase. Whenever a principal display appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."
(8) Multi-Unit Package. The term "multi-unit package" means 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 the multi-unit package but capable of being individually sold in full compliance with all of the requirements of this regulation.

Rule 40-15-3-.03 Declaration of Identity: Consumer Package

(1) Declaration of Identity. Consumer Package. A declaration of identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like.
(2) Parallel Identity Declaration: Consumer Package. A declaration of the identity on a consumer package shall appear generally parallel to the base on which the package rests as it is designed to be displayed.

Rule 40-15-3-.04 Declaration of Identity: Non-consumer Package

A declaration of identity on a non-consumer package shall appear on the outside of a package and shall positively identify the commodity in the package by its common or usual name, description, generic term or the like.

Rule 40-15-3-.05 Declaration of Responsibility: Consumer and Non-consumer Packages

(1) Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or when not incorporated, the name under which the business is conducted. The address shall include street address, city, state and ZIP Code; however, the street address may be omitted if this is shown in a current city directory or telephone directory.
(2) If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as "Manufactured for and packed by ________________________," "Distributed by__________," or any other wording of similar import that expresses the facts.

Rule 40-15-3-.06 Declaration of Quantity: Consumer Packages

(1) General. The metric and inch pound systems of weights and measures are recognized as proper systems to be used in the declaration of quantity. Units of both systems may be presented in a dual declaration of quantity. Except where additional exemption is otherwise provided herein, all metric labeling requirements affected by this shall apply to labels after the effective date of this regulation.
(2) Largest Whole Unit. Where this regulation 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.
(a) Inch-Pound Units:
1. in common or decimal fractions of such largest whole unit or in:
2. the next smaller whole unit, or units with any further remainder of terms of common or decimal fractions of the smallest unit present in the quantity declaration.
(b) Metric Units:
1. in decimal fractions of such largest whole unit.
(3) Net Quantity. A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity (except as noted in Section 40-15-3-.10(3)), shall appear on the principal display panel of a consumer package, and unless specified in this regulation (see 40-15-3-.06(3) through 40-15-3-.06(17)(c) ), shall be in terms of the largest whole unit.
(a) Use of "Net Weight." The term "net weight" shall be used in conjunction with the declaration of quantity in units of weight. The term may either precede or follow the declaration of weight.
(b) Line of Print or Type. A declaration of quantity may appear on one or more lines of print or type.
(4) Terms: Weight, Liquid Measure, Dry Measure, or Count. The declaration of quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or dry measure if the commodity is dry, 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 expressing a declaration 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.
(a) Combination Declaration:
1. 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.
2. 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.
3. A declaration of quantity in terms of count shall be combined with appropriate declaration of weight, measure, and size of the individual units unless a declaration of count alone is fully informative.
(5) Inch-Pound System: 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 of liquid-quart, liquid pint, or fluid ounce subdivisions of the gallon, and shall express the volume at 68° F (20° Celsius), except in the case of petroleum products, for which the declaration shall express the volume at 60° F (15° Celsius), and except also in the case of commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at 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° Celsius);
(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) in units of volume measure, shall be in terms of the cubic yard, cubic foot, cubic inch; and,
(f) in units of dry measure, shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel.
(6) Symbols and Abbreviations. Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement on a package of commodity:

avoirdupois

avdp

 

ounce

oz

cubic

cu

 

pint

pt

feet or foot

ft

 

pound

lb

fluid

fl

 

quart

qt

gallon

gal

 

square

sq

inch

in

 

weight

wt

liquid

liq

 

yard

yd

(There normally are no periods following, nor plural forms of symbols. For example, "oz" is the symbol for both "ounce" and "ounces." Both upper and lower case letters are acceptable.)

(7) Units of 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 by the use of the term "fluid;" however, such distinction may be omitted when by association of terms (for example, as in "20 fluid ounces, 1 pint four 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) Metric Units: Weight, Measure. A declaration of quantity:
(a) in units of weight shall be in terms of the kilogram, gram, or milligram;
(b) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at 20° C, except in the case of petroleum products, for which the declaration shall express the volume at 15° 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 volume at 4° Celsius;
(c) in units of linear measure shall be in terms of the meter, centimeter, or millimeter;
(d) in units of area measure, shall be in terms of the square meter or square centimeter; and,
(e) in units of volume other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter will be used only when specifically designated as a method of sale.
(9) Symbols. Any of the following symbols for metric units and none other, may be employed in the quantity statement on a package of commodity:

kilogram

kg

 

centimeter

cm

gram

g

 

millimeter

mm

milligram

mg

 

square meter

m2

liter

L or l

 

square centimeter

cm2

milliliter

mL or ml

 

cubic meter

m3

meter

m

 

cubic centimeter

cm3

(a) Symbols, except for liter, are not capitalized unless the unit is derived from a proper name. Periods should not be used after a symbol. Symbols are always written in the singular form. Do not add "s" to express the plural when the symbol is used.
(b) The "l" symbol for liter and "ml" symbol for milliliter are permitted; however, the "L" symbol and "mL" symbol are preferred.
(10) Prescribed Units, Inch-Pound System.
(a) Less than 1 Foot, 1 Pound, or 1 Pint. The declaration of quantity shall be expressed in terms of:
1. in the case of length measure of less than 1 foot, inch and fractions of inches;
2. in the case of area measure of less than 1 square foot, square inches and fractions of square inches;
3. in the case of weight of less than 1 pound, ounces and fractions of ounces; and,
4. in the case of liquid measure of less than 1 pint, fluid ounces and fractions of fluid ounces.

Provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fraction of the largest appropriate unit, the fraction being carried out to not more than two decimal places.

(11) Weight: Dual Quantity Declaration. On packages 1 pound or more but less than 4 pounds, the declaration shall be expressed in ounces, and in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit: Provided that the quantity declaration appearing on a random package may be expressed in terms of pound and decimal fraction of the pound carried out to not more than two decimal places.
(12) Liquid Measure: Dual Quantity Declaration. On packages containing one pint or more, but less than 1 gallon, the declaration shall be expressed in fluid ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.
(13) Length Measure: Dual Quantity Declaration. On packages containing 1 foot or more, but less than 4 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.
(14) Area Measure: Dual Quantity Declaration. On packages containing I square foot or more but less than 4 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.
(15) Four feet, 4 Square Feet, 4 Pounds, 1 Gallon, or More.
(a) In the case of: length measure of 4 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.
(b) In the case of:
1. area measure of 4 square feet or more;
2. weight of 4 pounds or more; and,
3. liquid measure of 1 gallon or more; the declaration of quantity shall be expressed in terms of the largest whole unit.
(16) Bi-Dimensional Commodities. For bi-dimensional commodities (including roll-type commodities) the quantity declaration shall be expressed.
(a) if less than 1 square foot, in terms of linear inches and fractions of linear inches;
(b) if at least 1 square foot but less than 4 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
1. if less than 1 square foot, in terms of linear inches and fractions of linear inches;
2. if at least 1 square foot but less than 4 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
(i) no square inch declaration is required for bi-dimensional commodity of 4 inches width or less,
(ii) a dimension of less than 2 feet may be stated in inches within the parenthetical declaration, and
(iii) commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforation, for which see sub-chapter 40-15-3-.16(18)Count: Ply.) require a declaration of unit area but not a declaration of total area of all such units;
3. if 4 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
(i) no declaration in square feet is required for a bi-dimensional commodity with a width of 4 inches or less,
(ii) bi-dimensional commodities with a width of 4 inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit. (Example: 2 inches by 360 inches (10 yards).)
(iii) a dimension of less than 2 feet may be stated in inches within the parenthetical declaration, and
(iv) no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.
(17) Prescribed Units, Metric System.
(a) Less than 1 Meter, 1 Square Meter, I Kilogram, or 1 Liter. The declaration of quantity shall be expressed in terms of:
1. in the case of length measure of less than 1 meter, centimeters or millimeters;
2. in the case of area measure of less than 1 square meter, square centimeter and decimal fractions of square centimeter;
3. in the case of weight of less than 1 kilogram, gram and decimal fractions of a gram, but less than 1 gram then in milligrams;
4. in the case of liquid or dry measure of less than one liter, milliliters; Provided, that the quantity declaration appearing on a random weight package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.
(b) One Meter, 1 Square Meter, 1 Liter or More. In the case of:
1. length measure of 1 meter or more: in meters and decimal fractions to not more than two places;
2. area measure of 1 square meter or more: in square meters and decimal fractions to not more than two places;
3. weight of 1 kilogram or more: in kilograms and decimal fractions to not more than two places; and,
4. liquid or dry measure of 1 liter or more: in liters and decimal fractions to not more than two places.
(c) Bi-Dimensional Commodities. For bi-dimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:
1. if less than 1 square meter, in terms of length and width;
2. if 1 square meter or more, in terms of square measure followed in parentheses by a declaration of length and width: Provided, that:
(i) quantity declarations of bi-dimensional commodities with a width of 100 millimeters or less may be expressed in terms of width and length, only;
(ii) commodities consisting of usable individual units except roll-type commodities with individual usable units created by perforations, for which (see Chapter 40-15-3-.16(18)Count: Ply) require a declaration of unit area but not a declaration of total area of all such units; and, that
(iii) no declarations in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths and bedsheets) if such commodities clearly present the length and width measurements on the label.
(18) 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 total number of usable units.
(a) 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:
1. total area measurement;
2. number of ply;
3. count of usable units; and,
4. dimensions of single usable unit.
(19) Fractions.
(a) Metric: A metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.
(b) Inch-Pound: An inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be terms of halves, quarters, eighths, sixteenth or thirty-seconds, except that:
1. 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, they may be employed; and,
2. if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.
(c) Common Fractions: A common fraction shall be reduced to its lowest term (Example: 2/4 becomes 1/2).
(d) Decimal Fractions. A decimal fraction shall not be carried out to more than two places.
(20) 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 term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (e.g., "giant" quart, "larger" liter, "full" gallon, "when packed," "minimum," or words of similar import).
(b) Combined Metric and Inch-Pound Declarations. An equivalent statement of the net quantity of contents in terms of either the inch-pound or metric system is not regarded as a supplemental statement and such statement may also appear on the principal display panel; Provided, that it conforms to both Paragraphs 40-15-3-.06(5) and 40-15-3-.06(8).
(c) Rounding. In all conversions for the purpose of showing an equivalent metric or inch-pound quantity to a rounded inch-pound or metric quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated. As a general rule, converted values should be rounded down by dropping any digit beyond the first three. (Example: 196.4 grams becomes 196 grams or 1.759 feet becomes 1.75 feet).
(21) Qualification of Declaration Prohibited. In no case shall any declaration of quantity 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.
(22) Character of Declaration: Average. The average quantity of contents in the package of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for shortage.

Rule 40-15-3-.07 Declaration of Quantity: Non-Consumer Packages

(1) General. The metric and inch-pound systems of weights and measures are recognized as proper systems to be used in the declaration of quantity. Units of both systems might be combined in a dual declaration of quantity.
(2) Location. A non-consumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit (see paragraph 40-15-3-.06(2) Largest Whole Unit).
(3) Terms: Weight, Liquid Measure, Dry Measure, or Count. The declaration of quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or in terms of dry measure if the commodity is dry, 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 expressing a declaration 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) Inch-Pound 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 except in the case of petroleum products, for which the declaration shall express the volume at 60° F, 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;
(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) in units of volume measure, shall be in terms of cubic yard, cubic foot, or cubic inch;
(f) in units of dry measure, shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel.
(5) Symbols and Abbreviations. Any generally accepted symbol and abbreviation of a unit name may be employed in the quantity statement on a package of commodity. (For commonly accepted symbols and abbreviations, see subparagraph 40-15-3-.06(6) Symbols and Abbreviations.)
(6) Metric Units: Weight, Measure. A declaration of quantity:
(a) in units of weight, shall be in terms of the kilogram, gram, or milligram;
(b) in units of liquid measure, shall be in terms of the liter or milliliter, and shall express the volume of 20° C, except in the case of petroleum products, for which the declaration shall express the volume at 15° 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 4° C;
(c) in units of linear measure, shall be in terms of the meter, centimeter, or millimeter;
(d) in units of area measure, shall be in terms of the square meter or square centimeter; and,
(e) in units of volume other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter will be used only when specifically designated as a method of sale.
(7) Symbols. Only those symbols as detailed in subsection 40-15-3-.06(9) Symbols, and none other, may be employed in the quantity statement on a package of commodity.
(8) Character of Declaration: Average. The average quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted, even though averages in other packages in the same shipment, delivery, or lot compensate for such shortage.

Rule 40-15-3-.08 Prominence and Placement: Consumer Packages

(1) General. All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.
(a) Location. The declaration or declarations of quantity of the contents of a package shall appear on the bottom 30 percent of the principal display panel or panels. For cylindrical containers, see also paragraph 40-15-3-.10(6) for additional requirements.
(b) Style of Type or Lettering. The declarations of quantity shall be in such style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, or molded on the surface.
(c) Color Contrast. The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color.
(2) Free Area. The area surrounding the quantity declaration shall be free of printed information:
(a) above and below, by a space equal to at least the height of the lettering in the declaration; and,
(b) to the left and right, by a space equal to twice the width of the letter "N" of the style and size of type used in the declaration.
(3) Parallel Quantity Declaration. The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed.
(4) Calculation of Area of Principal Display Panel for Purposes of Type Size. The area of the principal display panel shall be:
(a) in the case of a rectangular container, one entire side which properly can be considered to be the principal display panel, the product of the height times the width of that side; or,
(b) in the case of a cylindrical or nearly cylindrical container, forty percent of the product of the height of the container times the circumference; or,
(c) in the case of any other shaped container, 40 percent of the total surface of the container, unless such container presents an obvious principal display panel (e.g., the top of a triangular or circular package of cheese, or the top of a can of shoe polish), in which event, the area shall consist of the entire such surface.

(Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.)

(5) Minimum Height of Numbers and Letters. The height of any letter or number in the required quantity declaration shall be not less than that shown in Table II with respect to the area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards. In the case of the symbol for milliliter, the "m" shall meet the minimum height standard.
(6) Numbers and Letters: Proportion. No number or letter shall be more than three times as high as it is wide.

TABLE II MINIMUM HEIGHT OF NUMBERS AND LETTERS

Area of principal display panel

Minimum height of numbers and letters

Minimum height: label information blown, formed, or molded on surface of container

 

5 Square inches (in2) and less

1/16 inch

1/8 inch

 

Greater than 5 square inches and not greater than 25 in2

1/8 inch

3/16 inch

 

Greater than 25 in2 and not greater than 100 in2

3/16 inch

1/4 inch

 

Greater than 100 in2 and not greater than 400 in2

1/4 inch

5/16 inch

 

Greater than 400 in2

1/2 inch

9/16 inch

Rule 40-15-3-.09 Prominence and Placement: Non-consumer Packages

All information required to appear on a non-consumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

Rule 40-15-3-.10 Requirements: Specific Consumer Commodities, Non-consumer Commodities, Packages, Containers

(1) Display Card Package. For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.
(2) Aerosols and Similar Pressurized Containers. The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight that will be expelled when the instructions for use as shown on the container are followed.
(3) Multi-Unit Packages. Any package containing more than one individual "commodity in package form" (see paragraph 40-15-3-.02(1) ) of the same commodity shall bear on the outside of the package a declaration of:
(a) the number of individual units;
(b) the quantity of each individual unit; and
(c) the total quantity of the contents of the multi-unit package: Provided, that any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation. (Example: soap bars, 6 bars, Net Weight 75 grams each; Total Net Weight 450 grams.)
(4) Combination Packages. Any package containing individual units of dissimilar commodities (such as an antiquing or a house cleaning kit, for example) shall bear on the label of the package a quantity declaration for each unit. (Example: sponges and cleaner: 2 sponges, each 10 centimeters × 2 centimeters; 1 box cleaner, Net Weight 150 grams.)
(5) Variety Package. Any package containing individual units of reasonably similar commodities (such as seasonal gift packages, variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package. (Example: plastic tableware: 4 spoons, 4 forks, 4 knives, 12 pieces total.)
(6) Cylindrical Containers. In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 percent of the circumference which is most likely to be displayed, presented, shown or examined under customary conditions of display for retail sale.
(7) Measurement of Container-Type Commodities, How Expressed, Generally:
(a) Commodities designated and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:
1. For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise.)
(i) When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed:
(I) Inch-pound units - in inches, except that a dimension of 2 feet with any remainder in terms of inches or common or decimal fractions of the foot. (Example: "25 BAGS, 17 inches × 20 inches" or 100 BAGS, 20 inches × 2 feet six inches" or "50 BAGS, 20 inches × 2-½ feet")
(II) Metric Units - in millimeters except a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter (Examples: "25 BAGS, 500 millimeters x 600 millimeters" or "50 BAGS, 750 millimeters × 1.2 meters")
(ii) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length.
(I) Inch-Pound Units - expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot. (Example: "25 BAGS, 17 inches × 4 inches × 20 inches" or "100 BAGS, 20 inches × 12 inches × 2-½ feet")
(II) Metric Units - in millimeters except a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter. (Examples: "25 BAGS, 430 millimeters x 100 millimeters × 500 millimeters" or "50 BAGS, 500 millimeters x 300 millimeters × 1.2 meters")
2. For other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than 50 millimeters or 2 inches. (Examples: "2 PANS, 8 inches × 8 inches" or "2 PANS, 203 millimeters × 203 millimeters")
3. For circular or other generally round-shaped containers, except cups, and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than 50 millimeters or two inches. (Examples: "4 PANS, 8 inches diameter × 4 inches" or "4 PANS, 200 millimeters diameter × 100 millimeters")
4. Not withstanding the above requirements, the net quantity statement for container such as cups will be listed in terms of count and liquid capacity per unit. (Examples: "24 CUPS, 250 milliliter capacity" or "24 CUPS, 6 fluid ounces capacity")
(8) Capacity. When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances, such references shall be a part of the net quantity statement and shall specify capacity as follows:
(a) Liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce, with any remainder in terms of the common decimal fraction of that unit.) (Examples: Freezer Box - "4 BOXES, 1 quart capacity, 5 inches × 4 inches × 3 inches").
(b) Dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with a remainder in terms of the common or decimal fraction of that unit. (Example: Leaf Bags - "8 BAGS, 6 bushel capacity, 3 feet × 5 feet").
(c) Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent containers: (Example: Garbage Can Liners - "10 LINERS, 2 feet 6 inches × 3 feet 9 inches. FITS UP TO 30-GALLON CANS").
(d) Metric units for volume measure of all containers and liners. (Examples: "4 BOXES, 1 liter capacity. 150 millimeters × 120 millimeters × 90 millimeters," "8 BAGS, 200 liter capacity, 85 millimeters × 1.5 meters," or "10 LINERS, 750 millimeters × 1 meter, fits up to 120 liter CANS").
(9) Terms. For purposes of this section, the use of the terms "CAPACITY," "DIAMETER," and "FLUID" is optional.
(10) Textile Products, Threads and Yarn.
(a) Wearing Apparel. Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves and shoes) sold as single-unit pairs, shall be exempt from the requirements for net quantity statement by count, as required by paragraph 40-15-3-.06(3) of this regulation.
(b) Textiles. Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dishtowels, dish cloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be exempt from the requirements of paragraph 40-15-3-.06(10) and subparagraph 40-15-3-.06(17)(c) of this regulation: Provided, that:
1. The quantity statement for fitted sheets and mattress covers shall state, in centimeters or inches, the length and width of the mattress for which the item is designed, such as "twin," "double," "king," etc. (Examples: "Double Sheet for 135 centimeters × 190 centimeter mattress.")
2. The quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin," "double," "king," etc. The quantity statement also shall state, in centimeters or inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in inches, of the length and width of the finished sheet. (Example: "Twin Flat Sheet for 100 centimeter × 190 centimeter mattress (170 centimeter × 240 centimeter finished size").)
3. The quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as "youth," "standard," and "queen," etc. The quantity statement also shall state, in centimeters or inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in centimeters or inches, of the length and width of the finished pillowcase. (Example: "Standard Pillowcase for 50 centimeter × 65 centimeter pillow (53 centimeter × 75 centimeter finished size").)
4. The quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, throws shall state, in inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed such as "twin," "double," "king," etc.
5. The quantity statement for tablecloths and napkins shall state, in centimeters or inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters or inches, the length and width of the item before hemming and properly identified as such.
6. The quantity statement for curtains, drapes, flags, furniture scarfs, etc., shall state, in centimeters or inches, the length and width of the finished item. The quantity statement may also state parenthetically, in centimeters or inches, the length of any ornamentation.
7. The quantity statement for carpets and rugs shall state, in meters or feet, with any remainder in decimal fractions of the meter for metric sizes or common or decimal fractions of the foot or in inches for customary sizes, the length and width of the item. The quantity statement also may state parenthetically, in centimeters or inches, the length of any ornamentation.
8. The quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc., shall state, in centimeters or inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions.
9. The quantity statement for textile products such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be stated in terms of count and may include size designations and dimensions.
10. The quantity statement for other than rectangular textile products identified in sub-paragraphs 1. through 8. shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape. (Example: "Oval Tablecloth 140 centimeters × 110 centimeters" representing the maximum length and width in this case.)
11. The quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants.
(c) Textiles: Variations from Declared Dimensions.
1. For an item with no declared dimension less than 60 centimeters or 24 inches, a minus variation greater than 3% of a declared dimension and a plus variation greater than 6% of a declared dimension should be considered unreasonable.
2. For an item with a declared dimension less than 60 centimeters or 24 inches, a minus variation greater than 6% of that declared dimension and a plus variation greater than 12% of that declared dimension should be considered unreasonable.
(d) Exemption: Variety Textile Packages. Variety packages of textiles which are required by reason of paragraph 40-15-3-.06(4)(a) to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this regulation for:
1. Location (see paragraph 40-15-3-.08(1)(a) ),
2. Free area (see paragraph 40-15-3-.08(2) ), and
3. Minimum height of number and letters (see Chapter 40-15-3-.08(5).)
(e) Sewing threads, Handicraft Thread, and Yarns. Sewing and handicraft threads shall be exempt from the requirements of paragraph 40-15-3-.06(11) and subparagraph 40-15-3-.06(17)(b) of these regulations: Provided, that:
1. the net quantity statement for customary sizes of sewing and handicraft threads shall be expressed in terms of yards;
2. the net quantity for yarns shall be expressed in terms of weight;
3. thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such mark, employed to identify the vendor, shall be filed with the director; and that
4. each unit of industrial thread shall be marked to show its net measure in terms of meters or yards or its net weight in terms of kilograms or grams or avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately, shall not be required to be individually marked to show the number of bobbins contained therein and the net meters of yarn or thread on each bobbin.
(11) Packaged Seed. Packages of seed intended for planting shall be labeled in full accord with this regulation except as follows:
(a) the quantity statement shall appear in the upper thirty percent of the principal display panel;
(b) the quantity statements shall be in terms of the largest whole unit of the metric system for all weights up to seven grams, and in grams or in ounces for all other weights less than 225 grams or eight ounces; packaged seeds weighing 225 grams or eight ounces or more shall not be subject to paragraph 40-15-3-.10(12); and
(c) the quantity statement for coated seed, pelletized seed, pre-planters, seed tapes, etc., shall be in terms of count.

Rule 40-15-3-.11 Exemptions

(1) General. Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity required to appear on the package shall be in terms of the largest whole unit (except see subparagraph 40-15-3-.10(3)(c) ).
(2) Random Packages. A random package bearing a label conspicuously declaring
(a) the net weight,
(b) the price per kilogram or pound, and
(c) the total price shall be exempt from the type size, dual declaration, placement, and free area requirements of the regulation. In the case of a random package 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.

(This exemption shall apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.)

(3) Small Confections. Individually-wrapped pieces of "penny candy" and other confectionery of less than 15 grams or one-half ounce net weight per individual piece shall be exempt from the labeling requirements of this regulation 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 the labeling requirements of this regulation, 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 Servings. Individual-serving-size packages of foods containing less than 15 grams or 1/2 ounce or less than 15 milliliters or 1/2 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 specified in this regulation.
(5) Cuts, Plugs, and Twists of Tobacco and Cigars. When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this regulation, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.
(6) Reusable (Returnable) Glass Containers. 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) Cigarettes and Small Cigars. Carton of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this regulation, shall be exempt from the requirements set forth in paragraph 40-15-3-.08(1) Location, paragraph 40-15-3-.08(5) Minimum Height of Numbers and Letters, and paragraph 40-15-3-.10(3) Multi-Unit Packages; Provided, that such cartons bear a declaration of the net quantity of commodity in package.
(8) Packaged Commodities with Labeling Requirements Specified in Federal Law. Packages of meat and meat products, poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides and alcoholic beverages shall be exempt from those portions of these regulations requiring dual declarations in customary units and specifying locations and minimum type size of the net quantity declaration: 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.
(a) When packaged in 1/2-liquid-pint and 1/2-gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.
(b) When packaged in 1-liquid-pint, 1-liquid-quart, and 1/2-gallon containers, are exempt from the dual net contents declaration requirements of paragraph 40-15-3-.06(12).
(c) When measured by and packaged in measure containers as defined in "Measure Container Code of National Bureau of Standards HANDBOOK 44," are exempt from the requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net contents be located within the bottom 30 percent of the principal display panel.
(d) Milk and milk products when measured by and packaged in glass or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities are exempt from the placement requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net contents be located within the bottom 30 percent 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 part of the glass or plastic container that is at or above the shoulder of the container.
(10) Single Strength and Less than Single Strength Fruit Juice Beverages, Imitations Thereof, and Drinking Water.
(a) When packaged in glass, plastic, or fluid milk type paper containers of 8 and 64-fluid-ounce capacity, are exempt from the requirements of subparagraph 40-15-3-.06(5)(b), to the extent that net content of 8 fluid ounces and 64 fluid ounces (or 2 quarts) may be expressed as 1/2 pint (or half pint) and 1/2 gallon (or half gallon), respectively.
(b) When packaged in glass, plastic, or fluid milk type paper containers of 1-pint, 1-quart, and 1/2-gallon capacities, are exempt from the dual net contents declaration requirements of paragraph 40-15-3-.06(11).
(c) When packaged in glass or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities, are exempt from the placement requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net content be located within the bottom 30 percent of the principal display panel; Provided, that other 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 into or permanently applied to that part of the glass or plastic container that is above the shoulder of the container.
(11) Soft-Drink Bottles. Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:
(a) identity, when such declaration appears on the bottle closure; and,
(b) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this regulation appears only on the bottle closure.
(12) Multi-Unit Soft Drink Packages. Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:
(a) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside; and,
(b) identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.
(13) Butter. When packaged in 4-ounce, 8-ounce, and 1-pound packages with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (paragraph 40-1 5-3-.03(1)(a) ) and the net quantity declaration (paragraph 40-15-3-.08(3) ) be generally parallel to the base of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the requirement for location ( 40-15-3-.08(1)(a) ) of the net quantity declaration and, when in 1-pound units, is exempt from the requirement for dual quantity declaration (paragraph 40-15-3-.06(11) ).
(14) Eggs. Cartons containing 12 eggs shall be exempt from the requirement for location (subparagraph 40-15-3-.08(1)(a) ) of net quantity declaration.
(15) Flour. Packages of wheat flour in conventional 2-, 5-, 10-, 25-, 50- and 100- pound packages shall be exempt from the requirement in this regulation for location (subparagraph 40-15-3-.08(1)(a) ) of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirements for a dual quantity declaration ( 40-15-3-.06(11) ).
(16) Small Packages. On a principal display panel of 5 square inches or less, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of this regulation.
(17) Decorative Containers. The principal display panel of a cosmetic marketed in a boudoir-type container including decorative cosmetic containers of the "cartridge," "pill box," "compact," or "pencil" variety, and those with a capacity of ¼ ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required in this regulation.
(18) Combination Packages. Combination packages are exempt from the requirements in this regulation for
(a) Location ( 40-15-3-.08(1)(a) ),
(b) Free Area (paragraph 40-15-3-.08(2) ), and
(c) Minimum Weight of Numbers and Letters (subparagraph 40-15-3-.08(5) ).
(19) Margarine. Margarine in 1 pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for location (subparagraph 40-15-3-.08(1)(a) ) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration (paragraph 40-15-3-.06(11) ).
(20) Corn Flour and Corn Meal. Corn flour and corn meal packages in conventional 5-, 10-, 25-, 50-, 100-pound bags shall be exempt from the requirement in this regulation for location of net quantity declaration (subparagraph 40-15-3-.08(1)(a) ).
(21) Paints and Kindred Products.
(a) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packed in 1-liquid-pint and 1-liquid-quart units shall be exempt from the dual declaration requirements of paragraph 40-15-3-.06(12).
(b) Tint base paint may be labeled on the principal display panel, as required by this regulation, in terms of a quart or a gallon including the addition of a colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is present; and further provided that the contents of the container, before the addition of the colorant, is stated in fluid ounces elsewhere on the label.

(Whenever the above conditions cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.)

(22) Automotive Cooling System Antifreeze. Antifreeze, when packed in 1-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of paragraph 40-15-3-.06(12).
(23) Motor Oils. Motor oils, when packed in 1-liquid-quart units, shall be exempt from the dual quantity declaration requirements of paragraph 40-15-3-.06(12). Additionally, motor oil in 1-liquid-quart, 1-gallon, 1-1/4 gallon, 2-gallon, 2-1/2; gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of 40-15-3-.03 Declaration of Identity: Consumer Package, to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 millimeters or 1/4 inch.
(24) Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar Products. Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements for location (subparagraph 40-15-3-.08(1)(a) ), Size of Letter or Numbers (paragraph 40-15-3-.08(5) and 40-15-3-.08(6) ), Free Area (paragraph 40-15-3-.08(2) ) and the declaration of identity and responsibility (paragraph 40-15-3-.03(1) and 40-15-3-.05 ); Provided, that declarations of identity, quantity and responsibility are presented on a permanently attached label and satisfy the other requirements of this regulation and further provided that the information on such permanently attached label be fully observable to the purchaser.
(25) Commodities, Variable Weights and Sizes. Individual-packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from the requirements of Rule 40-15-3-.06, Declaration of Quantity: Consumer Packages, while moving in commerce and while held for sale prior to weighing and marking; Provided, that the outside container bears a label declaration of the total net weight.
(26) Packaged Commodities Sold by Count. When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this regulation except that those containing 6 or less items need not include a statement of count.
(27) Fishing Lines and Reels. Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of subparagraph 40-15-3-.06(15)(a); Provided, that quantity or capacity, as appropriate is presented in terms of meters or yards in full accord with all other requirements of these regulations.

Rule 40-15-3-.12 Variation to be Allowed

(1) Packaging Variations.
(a) Variations from Declared Net Quantity. Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practices, but such variations shall not be permitted to such extent that the average of the quantities in the package of a particular commodity, or a lot of the commodity that is kept, offered or exposed for sale, or sold is below the stated quantity, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same lot, shipment, delivery compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.
(b) Variations Resulting from Exposure. Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and 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 shall 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
1. directly to the purchaser or to his agent, or
2. to a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or person who introduces the package into intrastate commerce, exposure variations shall not be permitted.
(2) Magnitude of Permitted Variations. The magnitude of variations permitted under Rule 40-15-3-.12, paragraph 40-15-3-.12(1), and subparagraphs 40-15-3-.12(1)(a) and 40-15-3-.12(1)(b) of this regulation shall be those expressly set forth in this regulation and those contained in the procedures and tables of the National Bureau of Standards HANDBOOK 67, "Checking Prepackaged Commodities," or National Bureau of Standards HANDBOOK 133, "Checking the Net Content of Packaged Goods," as may be subsequently adopted.

Rule 40-15-3-.13 Retail Price Representations

Any person, firm or corporation advertising for sale at retail an article or commodity not available during any day of the advertised period, shall, on demand of the customer, issue a "Rain Check" which will permit the customer to purchase the advertised article or commodity at the advertised price within thirty days of the last offering date.

Rule 40-15-3-.14 Repealed

Rule 40-15-3-.15 Repealed