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Fair Packaging and Labeling Act

The Fair Packaging and Labeling Act is a US law that applies to labels on many consumer products. It requires the label to state

The contents statement must include both metric and inch/pound units, although a proposed amendment would make inch/pound units optional, thus allowing metric-only as well as dual units; see below.

The full text of the FPLA is shown below, after a more detailed explanation of the metric-related provisions.

Contents

What packaging does the FPLA apply to?

The FPLA applies to consumer commodities that are distributed in commerce (§ 1452). However, it's important to know the definition of consumer commodity (§ 1459). Roughly, the Act applies to anything packaged for retail sale to individuals, if it gets eaten, used for personal care, or used within the household; and then only if you consume or expend it when you use it.

For example, it applies to aluminum foil, candles, household cleaning fluids, and light bulbs, all of which get "used up." But the FPLA does not apply to toys, hardware, or sporting goods (not consumed or expended), nor to motor oil (not used within the household).

In addition, the definition (§ 1459) explicitly excludes a number of items, such as meats, poultry, tobacco, prescription drugs, alcoholic beverages, and seeds. Also, the FPLA doesn't apply to packages seen only by the retailer (not by the consumer).

What metric requirements are imposed by the FPLA?

The requirement for metric measurements in statements of net quantity is included in § 1453. This section incorporates an exclusion of its own, namely, metric measurements are not required on foods packaged at a retail store, nor on random packages where each package is weighed separately, although the other provisions of the Act apply to such packages.

The law details the form of non-metric measurements, but says nothing about the specific form of metric measurements. Regulations implemented by the FTC and FDA, mentioned below, give more details on metric labeling.

When were the metric requirements added?

The original FPLA, without a metric labeling requirement, was enacted on November 3, 1966 as Public Law 89-755. It took effect on July 1, 1967. The metric labeling requirement was added by Pub. L. 102-245 on February 14, 1992 and reworded by Pub. L. 102-329 on August 3, 1992, and the metric requirement took effect on February 14, 1994.

What about metric labels without inch/pound units?

With a few exceptions, labels on packages subject to the FPLA must include both metric and non-metric units. An amendment has been drafted that would, if it becomes law, allow metric-only labels as well as dual unit labels. The proposed (amended) text is shown highlighted in pink within the text of the law below.

For further information, read Proposed Rules Would Allow Metric Only Labeling for Some Products from NIST. It includes links to two more detailed documents from NIST:

  1. Voluntary Metric Labeling is a 24-page document that explains the reasons for proposing the amendment and contains the amendment text (also reproduced within the text of the law below).

  2. Marketplace Assessment — Metric Labeling on Packages in Retail Stores is a 26-page document containing the results of a survey of product labels conducted in 2008. That survey found many items with metric labels (i.e., not dual units). Many of those labels are technically illegal at the present time, but the point is that metric labels have already been accepted in the marketplace:

    “The long standing convention that the marketplace will determine when metric labeling is appropriate is becoming a reality. Some U.S. manufacturers are choosing to use metric labeling for their products, which is in conflict with the current FPLA. Metric labeling has emerged into the retail distribution supply chain without causing disruption to U.S. consumers and retailers. Consumers purchase packages that are labeled exclusively with metric units every day. Impacts appear to be minimal as metric labeled products are absorbed into normal retail functions. Metric packages are displayed alongside other dual labeled products and do not appear to interfere with normal retail operations, such as machinery, packaging and shipping containers, or shelving.”

What are the implementing regulations?

The FPLA is the law passed by Congress, but it's not really the law regarding package labels because it doesn't get into every minor little detail. If Congress included every minor little detail in the law, then it would require a new bill to be passed by both Houses and signed by the President just to make a trivial change.

Instead, Congress delegates the details to appropriate federal agencies — in this case, the Federal Trade Commission (FTC, part of the Department of Commerce) and the Food and Drug Administration (FDA, part of the Department of Health and Human Services) — to write regulations implementing the law. They can do that, and can later change their regulations, as long as they don't exceed the authority granted them by the law, and as long as their regulations are consistent with the law.

So if you want to know the detailed labeling requirements, you can read about the FDA and FTC regulations.

Text of the law

The FPLA is codified as 15 USC 1451 et seq.

Paragraphs like this are comments added here, and not part of the law.

U.S. Code

Title 15
Commerce and Trade

Chapter 39
Fair Packaging and Labeling Program

Sec. 1451. Congressional declaration of policy

Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.

(Pub. L. 89-755, Sec. 2, Nov. 3, 1966, 80 Stat. 1296.)

Sec. 1452. Unfair and deceptive packaging and labeling; scope of prohibition

(a) Nonconforming labels

It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.

(b) Exemptions

The prohibition contained in subsection (a) of this section shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.

(Pub. L. 89-755, Sec. 3, Nov. 3, 1966, 80 Stat. 1296.)

Sec. 1453. Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

§1453 currently requires dual units on most labels. A proposed amendment would allow metric-only as well as dual-unit labels. For easier reading, the text of §1453 is shown twice: here, with the existing wording, and below, with the amendment.

(a) Contents of label

No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that—

(1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;

(2) The net quantity of contents (in terms of weight or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system;

Thus, 15 USC 1453(a)(2) requires both metric and inch/pound units in the contents statement on packages covered by this law, with a few exceptions noted below.

(3) The separate label statement of net quantity of contents appearing upon or affixed to any package—

(A)(i) if on a package labeled in terms of weight, shall be expressed in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart;

(ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than three decimal places and is not required to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places;

Thus, 15 USC 1453(a)(3)(A)(ii) provides an exception for random packages sold by weight — packages of varying weights, where each package's label is different — which need not include a metric weight.

(iii) if on a package labeled in terms of linear measure, shall be expressed in terms of the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard;

(iv) if on a package labeled in terms of measure of area, shall be expressed in terms of the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard;

(B) shall appear in conspicuous and easily legible type in distinct contrast (by topography, layout, color, embossing, or molding) with other matter on the package;

(C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and

(D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and

(4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight or mass, measure, or numerical count) of each such serving.

(5) For purposes of paragraph (3)(A)(ii) of this subsection the term “random package” means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights or masses, that is, packages with no fixed weight or mass pattern.

(6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.

Similarly, 15 USC 1453(a)(6) provides an exception for items packaged at a retail store, which need not include metric measurements.

(b) Supplemental statements

No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a) of this section, but nothing in this subsection or in paragraph (2) of subsection (a) of this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight or mass, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

This provision outlaws the practice of referring to a "jumbo quart" or "giant liter" or the like.

(Pub. L. 89-755, Sec. 4, Nov. 3, 1966, 80 Stat. 1297; Pub. L. 102-245, title I, Sec. 107(a), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102-329, Secs. 1, 3, Aug. 3, 1992, 106 Stat. 847, 848.)

Sec. 1453 [proposed]. Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

This is the proposed text of §1453 as it would be amended to allow metric-only as well as dual-unit labels. It is not yet law.

(a) Contents of label

No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that—

(1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;

(2) The net quantity of contents (in terms of weight or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label:

(A) using the most appropriate unit of the metric system of measurement and the inch-pound measurement equivalent, except as provided in paragraph (6) of this subsection; or

(B) using only the most appropriate units of the metric system of measurement.

The proposed 15 USC 1453(a)(2) would allow a label to contain metric units alone or dual units. Previously, the solely metric option was not permitted.

(3) The separate label statement of net quantity of contents appearing upon or affixed to any package—

(A) for those portions of the net quantity of contents statement using inch-pound units,

(i) if on a package labeled in terms of weight, shall be expressed in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart;

(ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than three decimal places;

(iii) if on a package labeled in terms of linear measure, shall be expressed in terms of the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard;

(iv) if on a package labeled in terms of measure of area, shall be expressed in terms of the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard;

(B) shall appear in conspicuous and easily legible type in distinct contrast (by topography, layout, color, embossing, or molding) with other matter on the package;

(C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and

(D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and

(4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight or mass, measure, or numerical count) of each such serving.

(5) For purposes of paragraph (3)(A)(ii) and paragraph (6) of this subsection the term “random package” means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights or masses, that is, packages with no fixed weight or mass pattern.

(6) The net quantity of contents statement for foods that are packaged at the retail store level and for random packages shall be expressed using one of three possible regimes: using only the most appropriate units of the metric system, using only the most appropriate inch-pound units, or using both the metric units and inch-pound units.

15 USC 1453(a)(6) provides an exception for items packaged at a retail store and for random packages (where each package is weighed separately); they may be metric-only, non-metric-only, or dual units. The old law permitted dual units or non-metric-only, while the proposed law would add the metric-only option.

(b) Supplemental statements

No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a) of this section, but nothing in this subsection or in paragraph (2) of subsection (a) of this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight or mass, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

This provision outlaws the practice of referring to a "jumbo quart" or "giant liter" or the like.

Sec. 1454. Rules and regulations

(a) Promulgating authority

The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the “Secretary”) with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of title 21; and (B) the Federal Trade Commission (referred to hereinafter as the “Commission”) with respect to any other consumer commodity.

(b) Exemption of commodities from regulations

If the promulgating authority specified in this section finds that, because of the nature, form, or quantity of a particular consumer commodity, or for other good and sufficient reasons, full compliance with all the requirements otherwise applicable under section 1453 of this title is impracticable or is not necessary for the adequate protection of consumers, the Secretary or the Commission (whichever the case may be) shall promulgate regulations exempting such commodity from those requirements to the extent and under such conditions as the promulgating authority determines to be consistent with section 1451 of this title.

(c) Scope of additional regulations

Whenever the promulgating authority determines that regulations containing prohibitions or requirements other than those prescribed by section 1453 of this title are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, such authority shall promulgate with respect to that commodity regulations effective to—

(1) establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight or mass, dimensions, or number of packages which may be used to enclose any commodity;

Although there is a school of thought that would outlaw arbitrary package sizes in favor of a set of legal, standardized package sizes, that is not the FPLA's intention. On the other hand, note subsection (d) below.

(2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;

(3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 321(f) of title 21) bear

(A) the common or usual name of such consumer commodity, if any, and

(B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or

(4) prevent the nonfunctional-slack-fill of packages containing consumer commodities.

For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package.

(d) Development by manufacturers, packers, and distributors of voluntary product standards

Whenever the Secretary of Commerce determines that there is undue proliferation of the weights or masses, measures, or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such commodity or commodities under the procedures for the development of voluntary products standards established by the Secretary pursuant to section 272 of this title. Such procedures shall provide adequate manufacturer, packer, distributor, and consumer representation.

(e) Report and recommendations to Congress upon industry failure to develop or abide by voluntary product standards

If (1) after one year after the date on which the Secretary of Commerce first makes the request of manufacturers, packers, and distributors to participate in the development of a voluntary product standard as provided in subsection (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection (d), or (2) if such a standard is published and the Secretary of Commerce determines that it has not been observed, he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question.

(Pub. L. 89-755, Sec. 5, Nov. 3, 1966, 80 Stat. 1298; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-245, title I, Sec. 107(a)(1), (2), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102- 329, Secs. 1(1), (2), 3, Aug. 3, 1991, 106 Stat. 847, 848.)

Sec. 1455. Procedure for promulgation of regulations

(a) Hearings by Secretary of Health and Human Services

Regulations promulgated by the Secretary under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, pursuant to the provisions of subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be conducted by the Secretary or by such officer or employees of the Department of Health and Human Services as he may designate for that purpose.

(b) Judicial review; hearings by Federal Trade Commission

Regulations promulgated by the Commission under section 1453 or 1454 of this title shall be promulgated, and shall be subject to judicial review, by proceedings taken in conformity with the provisions of subsections (e), (f), and (g) of section 371 of title 21 in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or required for the promulgation of any such regulations by the Commission shall be conducted by the Commission or by such officer or employee of the Commission as the Commission may designate for that purpose.

(c) Cooperation with other departments and agencies

In carrying into effect the provisions of this chapter, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or political subdivision of any such State, Commonwealth, or possession.

(d) Returnable or reusable glass containers for beverages

No regulation adopted under this chapter shall preclude the continued use of returnable or reusable glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this chapter preclude the orderly disposal of packages in inventory or with the trade as of the effective date of such regulation.

(Pub. L. 89-755, Sec. 6, Nov. 3, 1966, 80 Stat. 1299; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

Sec. 1456. Enforcement

(a) Misbranded consumer commodities

Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, shall be deemed to be misbranded within the meaning of chapter III of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 331 et seq.], but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 1452 of this title.

(b) Unfair or deceptive acts or practices in commerce

Any violation of any of the provisions of this chapter, or the regulations issued pursuant to this chapter, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of section 45(a) of this title and shall be subject to enforcement under section 45(b) of this title.

(c) Imports

In the case of any imports into the United States of any consumer commodity covered by this chapter, the provisions of sections 1453 and 1454 of this title shall be enforced by the Secretary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381).

(Pub. L. 89-755, Sec. 7, Nov. 3, 1966, 80 Stat. 1300.)

Sec. 1457. Omitted

This section formerly required annual reports to Congress on administration and enforcement of this law, but the reporting requirement was eliminated on May 15, 2000.

Sec. 1458. Cooperation with State authorities; transmittal of regulations to States; noninterference with existing programs

(a) A copy of each regulation promulgated under this chapter shall be transmitted promptly to the Secretary of Commerce, who shall (1) transmit copies thereof to all appropriate State officers and agencies, and (2) furnish to such State officers and agencies information and assistance to promote to the greatest practicable extent uniformity in State and Federal regulation of the labeling of consumer commodities.

(b) Nothing contained in this section shall be construed to impair or otherwise interfere with any program carried into effect by the Secretary of Health and Human Services under other provisions of law in cooperation with State governments or agencies, instrumentalities, or political subdivisions thereof.

Subsection (c) would be added by an amendment to add a metric labeling option.

(c) The Secretary of Commerce shall carry out a program of planning, coordination, and public education, consistent with other national policy and interests, with the aim of coordinating voluntary conversion to the metric system on packaged goods and:

(i) Provide coordination and appropriate forums so that large and small manufacturers, wholesalers, retailers and other interested parties may formulate, and recommend or suggest, specific programs for coordinating voluntary conversion in each packaging segment.

(ii) Publicize, in an appropriate manner, proposed programs and provide an opportunity for interested groups or individuals to submit comments on or participate in these programs.

(iii) Coordinate and/or promote public information and education programs, to aid industry and consumers in becoming familiar with the meaning and applicability of metric terms and measures in daily life so that they can make value comparisons in the marketplace.

(Pub. L. 89-755, Sec. 9, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

Sec. 1459. Definitions

For the purpose of this chapter—

(a) The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—

(1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product;

(2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 [21 U.S.C. 151 et seq.], commonly known as the Virus-Serum-Toxin Act;

(3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)(1) and 356];

(4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act [27 U.S.C. 201 et seq.]; or

(5) any commodity subject to the provisions of the Federal Seed Act [7 U.S.C. 1551 et seq.].

The preceding subsection describes the products that are covered by the Act; refer to the summary above.

(b) The term “package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include—

(1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;

(2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; or

(3) containers subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), or the Act of March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236).

The preceding subsection describes the kinds of packaging, when containing the appropriate kinds of products, that are covered by the Act; refer to the summary above.

(c) The term “label” means any written, printed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity.

(d) The term “person” includes any firm, corporation, or association.

(e) The term “commerce” means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include exports to foreign countries.

(f) The term “principal display panel” means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(Pub. L. 89-755, Sec. 10, Nov. 3, 1966, 80 Stat. 1301; Pub. L. 90-628, Sec. 2, Oct. 22, 1968, 82 Stat. 1320.)

Sec. 1460. Savings provisions

Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede—

(a) the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or any statute defined therein as an antitrust Act;

(b) the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.]; or

(c) the Federal Hazardous Substances Labeling Act [15 U.S.C. 1261 et seq.].

(Pub. L. 89-755, Sec. 11, Nov. 3, 1966, 80 Stat. 1302.)

Sec. 1461. Effect upon State law

It is hereby declared that it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this chapter which are less stringent than or require information different from the requirements of section 1453 of this title or regulations promulgated pursuant thereto.

(Pub. L. 89-755, Sec. 12, Nov. 3, 1966, 80 Stat. 1302.)

Sec. 1462. Limitations

This section would be added by an amendment to add a metric labeling option. It makes no changes to the scope of the FPLA, but explicitly states several items that the FPLA does not (and never did) apply to.

Nothing in this chapter shall be construed to apply to unit pricing, advertising, recipes, nutrition labeling, other general pricing information, or to require changes in package sizes.

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