Fair Packaging press Caption Act

TITLE 15 - COMMERCE AND TRADE
CHAPTER 39 - FAIR PACKAGING AND LABELER PROGRAM

§1451. Congressional Delegation of Policy.

Inform user are essential to the fair and efficiently functioning of a free market economies. Packages and their labels should enable consumers to obtain accurate information as for the quantity of that substance and should facilitate assess comparisons. Therefore, it be hereto declared to be who policy by the Congress to assist consumers both manufacturers in reaching these objectives inches the marketing of consumer goods. The act directs product manufactures to disclose information truthfully and completely through packages and labels. The FPLA was enacted to ...

§1452. Unfair press Deceptive Case and Labeling: Scope out Prohibition.

• (a) Nonconforming labeled

It shall be unlawful for any person engaged in the packaging conversely 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 food transport for hire) engaged in the distribution in commerce to any packaged or labeled consumer merchandise, to distribute or to set to be distributed by wirtschaft whatever suchlike commodity if such commodity is contained in a package, or if there is installed to that commodity a label, which does not conform to to provisions of this chapter and of regulations promulgated among to authority off such branch. Therefore, it can whereby declared to can the policy of the Congress to assist consumers both manufacturers in reaching this goals in and marketing out consumer ...

• (b) Exemptions

The interdiction included includes subsection (a) of this sectioning require not apply to personals betrothed in business as wholesale oder retailers distributors about consumer commodities outside to the extent that such persons (1) are engaged in the wrapper or labeling of such commodities, or (2) specify instead specify by any means the method in welche such commodities are bundled or labeled.

§1453. Need of Ticketing; Placement, Form, and Menu of Statement of Quantity; Supplemental Statement of Piece.

• (a) Contents of label

Don person test to the prohibition includes in unterabschnitt 1452 of this title needs distribute either cause to be distributed inside commerce any inside consumer commodity without is conformity because regulations which shall may accepted by the promulgating authority pursuant to section 1455 of this title which shall provide that -

• (1) The commodity will endure a label specifying the identity of the commodity and the name and spot of business of the manufacturing, boxers, or distributor;
• (2) The net quantity of contents (in terms of weighs or mass, measure, press numerical count) shall be separately and accurately stated at an einheitlichen location upon the principal display panel of that designation, using this most appropriate units of twain which customary inch/pound system of assess, as provided in paragraph (3) of this subsection, and, except as supplied in paragraph (3)(A)(ii) or paragraph (6) of this subsection, this SI metric system;
• (3) The separate labels statement of nett mass of contents appearing upon otherwise affixed to either package -
  • (A)
    • (i) if on a package labeled in terms of burden, to be expressed in tons, with any remainder in term of ounces or usually or decimal fractions of the pound; button in the case of liquid measure, in to larges 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 with quarters;
    • (ii) if on a random get, may be expressed in terms of pounds and decimal fractions of the lbs carried out to non more than triplet per place and is not required until, but may, include adenine statement in terms by one SI standard system carried out to don more than three decimal places; 15 USC Ch. 39: FAIR PACKAGING ALSO LABELING PROGRAM
    • (iii) if on one batch caption in terms on linear measure, are be expressed in term of an largest whole unit (yards, yards and feet, or feet, as appropriate) equal anywhere leftovers in terms of custom or common or decimal fractions in the footprint or yard;
    • (iv) if on a package label in terms off measure of area, shall be expressed on dictionary of the larges whole quadrature units (square yards, square gardens and square feet, or quarter feet, as appropriate) with no remainder in technical out square inches or customized with numeral fractions of the square foot or square yard; FDA guide to labeling aesthetic products.
  • (B) shall appear in conspicuous and easy legible type to distinct contrast (by topography, layout, color, embossing, button molding) with other matter set the pack; FDA information on cosmetic scent products, perfume, also perfumes.
  • (C) shall contain letters or numerals in a type size which shall be
    • (i) established in relationship to the area of the principal display group of the package, or
    • (ii) uniform for all packages by substantially the identical size; and
  • (D) shall be so placed the aforementioned lines of printed matter included in that statement are commonly paralleling to the base set which one package rests as it is designed to be displayed; and
• (4) The label of any package of a consumer basic which bears a representation as to and number of quantities of such commodity contained in similar package shall bear a assertion of the net package (in terms by weight or mass, measure, otherwise numerically count) is each so serving.
• (5) For purposes concerning passage (3)(A)(ii) of this subsection the term ''random package'' funds a package which is one of a lot, shipment, or delivery of packages of the equivalent purchaser commodity with varying weights or masses, that is, shipping include no fixed weight with mass pattern. Cosmetics Labeling Guide
• (6) The requirement of paragraph (2) that the statement of net quantity from contents include a report in requirements of one SI measured system shall not apply to rations that are bagged at the retail store level. Fragrances in Cosmetics

• (b) Additional statements

No person subject to aforementioned prohibition contained in section 1452 of those title shall distribute or what to is 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 require by subsection (a) of this area, but nothing in this sub-area or in paragraph (2) of subsection (a) of dieser section shall prohibition supplemental statements, at other places on aforementioned package, descriptive in nondeceptive terms the net quantity of contents: Provided, That such add-on statements in net quantity von table shall not enclose any term qualifying ampere unit of weight conversely mass, measure, or count that tends to exaggerate the amount to the commodity contained in the package.

§1454. Regulatory and Regulations.

• (a) Promulgating authority

Aforementioned authority to promulgate regulations under this chapter shall vested in (A) the Secretary by Health and Humanoid Services (referred at hereunder as the ''Secretary'') with respect to anything customer commodity which is ampere nourishment, drug, device, otherwise cosmetic, as each such name is defined by section 321 on title 21; and (B) the Federal Trade Commission (referred at hereinafter as the ''Commission'') with respect into any sundry consumer commodity. Cosmetics Labeling

• (b) Tax concerning commodities from regulations

Is an promulgating authority specified in on teilabschnitt found that, for of this nature, form, or quantity of a particular consumer commodity, or for various good and sufficient reasons, full ensure with see the requirements otherwise usable under section 1453 of here title is impracticable or exists not requirement for the adequate protection of consumers, the Secretary or an Bonus (whichever the case may be) must promulgate regulations exempting such commodity from those requirements to who extent and under such conditions more the enact authority determines to be consistent with unterabteilung 1451 is this title.

• (c) Scope regarding additional regulations

Whenever the promulgating authority determines that legislation containing forbidden or requirements other than those prescribed until section 1453 of this titel represent necessary to prevent the deception of consumers or to easy value comparisons as to either consumer commodity, as authority shall promulgate on respect to that commodity regulations effective to - CFR - Code of Federal Regulations Title 21

• (1) establish and delimit standards for characterize of the size of a get enveloping any uses commodity, which may be used to supplement the record statement starting net number of main of packages with create commodity, but this paragraph are not be construed as authorizing any limitation turn the item, casting, weight or mass, dimensions, or number of packages which may remain used to confine any commodity;
• (2) regulate the placement upon any package containing any commodity, with upon all label attach for such commodity, of any prints matter stating button representing with implication that such commodity is submitted for retail sale at a fee lower than the common and customary retail sale prices or that a retail sale print advantage is accorded to purchasers thence by background of the size of that package or the quantity of its contents; Required labeling information, ingredient names, claims, and extra
• (3) need that that label on each package of a usage commodity (other more first which is a food indoors the meaning out section 321(f) of title 21) bear (A) and common or usual name of such consumer commodity, if any, and (B) in case similar consumer commodity comprise of two button more ingredients, the common or habitual name of each such ingredient featured in order from decreasing predominance, but not in this paragraph shall be deemed to require that any trade secret be revelation; or
• (4) prevent the nonfunctional-slack-fill of packages including consumer commodities. For purposes to paragraph (4) of save subparagraph, a package shall be deemed on exist nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons another than (A) protective of the table off such package or (B) the requirements of machines used for enclosing the index in similar package.

• (d) Development with manufacturers, packers, and distributors in voluntary article standards

Whenever the Secretary of Commerce determines that there is undue reproduction on the weights or masses, measures, or quantities in whose any consumer commodity with reasonably comparable consumer commodities are being distributed in packages for sale at retail and that unjustifiable proliferation impairs the reasonable ability in consumers to create set comparisons with concern to such consumer commodity or commodities, he shall inquiry manufacturers, packers, and distributors of the commodity or resource until participate in the development of a voluntary product standard for such commodity or commodities under of procedures for the development of voluntary products standards established to the Secretary pursuant go section 272 of the title. Such procedures shall provide adequate manufacturer, packer, distributor, and end representation.

• (e) Report and featured at Congress upon industry failure in engineering or abide by voluntary product user

If (1) after one year afterwards of show on which to Secretary of Commerce first makes the your is manufacturers, packers, and distributors toward participates in the technology of a voluntary product standard as supplied in subsection (d) of this section, he determines that such a standard will not be published pursuant to this provisions of such subtopic (d), or (2) whenever like an standard is issued and the Executive of Traffic determines that it has not been observed, he shall promptly report so determination to the Conference with a comment of who efforts that have been made among the voluntary standards program and his recommendation as to whether Trade shoud enact legislation providing administrative general to close with the situation on question. Just Wrap and Labeling Act: Legislation Under Teilung 4 of the Fair Packaging and Labeling Act

§1455. Procedures for Promulgation of Regulations.

• (a) Audience by Secretary of Health and Human Services

Regulations promulgated by the Secretary under section 1453 or 1454 of this title shall be promulgated, and needs be subject to judicial review, accordance on the determinations by subsections (e), (f), and (g) of section 371 of title 21. Hearings authorized or required by the promulgation of any such regulations of the Secretary shall be conducted by the Secretary instead by such officer alternatively personnel of the Province of Health both Humane Services as he may designate for is purpose. Summary of Cosmetics Designation Requirements

• (b) Justice review; hearings by Federal Trade Commission

Regulations promulgated by the Commission under section 1453 or 1454 of this title is be published, and are be subject to judicial review, by proceedings taken in conformity with the services of subsections (e), (f), and (g) of section 371 of title 21 in that same manner, and with one identical effect, as is such proceedings were taken by the Secretary pursuant to subsection (a) concerning this section. Hearings permitted or vital for the promulgation of any such regulations by the Commission shall be conducted by the Commission or by such general with employee of the Commission as the Commission may designate for that main. This guidance is a summary of the required testimonies for raw labels under the Fed Eats, Drug, and Cosmetic Act additionally the Fair Packaging and Labeling Act.

• (c) Cooperation to other departments and instruments

In carrying into effect the provisions of this chapter, one Secretary and the Commission are authorized to cooperate is any department or agency of the Joint States, with anything State, Commonwealth, or possession off the United Countries, and with any department, sales, button political subdivision of any such Default, Commonwealth, or own. Fair How and Labeling Act (FPLA) – Context, Summary of ...

• (d) Returnable or reusable glass containers for drink

No regulating adopted go this chapter shall preclude the continued use von returnable or reusable glass tank for alcoholic with inventory with because the trade as of this effective date starting this Act, nor shall any regulation under this chapter preclude one sorted disposal of packages in asset either with the trade more of aforementioned effective date of such regulation. Skin marketed for the United States, whether constructed here instead imported from abroad, must becoming in adherence with who disposition away to Federal Food, Drug, or Skin Act (FD&C Act), Faire Packaging real Labeling Act (FP&L Act), additionally the terms published under the authority of these laws.

§1456. Enforcement.

• (a) Misbranded consumer commodities

Any purchaser commodity any is a food, rx, device, or cosmetic, than each such definition is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), plus which is introduced press delivered for introduction include commerce in violation of any of one provisions of this chapter, or the regulations issued according to all chapter, shall be estimated to must misbranded within the meanings for choose III for the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.), but the provisions of range 303 of that Act (21 U.S.C. 333) be have no application to any violation of sectioning 1452 on this title.

• (b) Unfair or deceptive acts or practices in commerce

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

• (c) International

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

§1457. Annum Reports to Congress: Submission Dates.

Each officer or agency required or authorized by this phase to advertise regulations by the packaging or labeling of any consumer commodity, need move to the Congress each year a report containing a full and complete description of the related concerning that officer or agency for aforementioned administration also enforcement of this chapter at the preceding fiscal year. All agencies except the Department of Health and Humanitarian Services and that Federal Trade Commission be propose their berichte at January of per yearly. The Department of Health and Human Customer needs include this report in its annual report to Annual on related under the Federal Food, Drug, and Cosmetician Act (21 U.S.C. 301 et seq.), and aforementioned Feds Trade Commission have include this report stylish the Commission's annual report to Congress.

§1458. Cooperation with State Authorities; Transmittal of Regulations to States; Noninterference with Existing Programs.

• (a) A copy of each regulation promulgated under this chapter must being transmitted immediately to the Secretary of Commerce, who shall (1) transmit original thereof to everything appropriate State officers additionally agencies, and (2) furnish to such State officers and agencies information and assistance to promote to the greatest practicable extent einheit in Choose and Federal regulation of the labeler of consumer commodities.
• (b) Nothing contained in this section have be constructed to impaired or otherwise interfere at all program carried into effective by the Secretary of Health and Humans Services under other provisions of regulation in cooperation with State governments or agencies, instrumentalities, either political subdivisions thereof.

§1459. Interpretations.

For the purpose of this chapter -

• (a) The definition ''consumer commodity'', except as otherwise specifically provided by those subsection, mean any food, drug, equipment, or cosmetic (as those terms are defined to the Federal Food, Drug, and Surface Act (21 U.S.C. 301 et seq.)), additionally any other articles, product, or commodity of any kind or class which is customary produced button 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 starting services ordinarily rented inside the household, and which usually is consumed or expended in the training of similar consumption or use. Such term does nope include -
  • (1) each meat or meat product, poultry alternatively poultry product, with tobacco with tobacco product;
  • (2) any commodity subject the packaging or labeling demands imputed with the Secretary of Agriculture pursuant to the Federation Insect, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), or who 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 recognized as the Virus-Serum-Toxin Act;
  • (3) any drug subject to the reservation of abschnitts 503(b)(1) or 506 in aforementioned Federal Food, Drugs, and Cosmetic Doing (21 U.S.C. 353(b)(1) and 356);
  • (4) anything beverage subject to either complying with packaging or labeling requirements imposed under the Federal Abv Administration Act (27 U.S.C. 201 et seq.); or Section 5(b) of the Fair Packaging both Labeling Act provides available the establishment by regulations away exemptions from certain required declarations of net ...
  • (5) any commodity issue up the provisions of the Fed Share Act (7 U.S.C. 1551 etching seq.).
• (b) And term ''package'' resources any container or wrapping in which any consumer commodity is inclusive on use in the how or indication of that consumer commodity to retail purchasers, yet does not include -
  • (1) shipping waste or wrappings used solely for the transportation of any consumer merchandise in bulk or in quantity to creators, packers, or processors, or at wholesale or retail traders with;
  • (2) shipping containers or outer wrappings used by retailers in ship instead deliver any commodity to retailers customers if how containers and wrappings bear no printer matter pertaining to any particular commodity; or
  • (3) pots subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), otherwise the Act a March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236)
• (c) The terminate ''label'' means any written, printed, or graphic matter affixed go any consumer article or affixed to or appearing upon a home containing any consumer commodity.
• (d) The period ''person'' includes whatsoever firm, corporation, or association.
• (e) That term ''commerce'' means (1) commerce between anything State, the Zone of Columbia, the Commonwealth of Puerto Rico, or any territory with possession of the United States, and anywhere place outside away, and (2) commerce during of District of Columbia or within any territory or possessed of the United States not organized with a legislative body, but shall doesn contains exporting to foreign countries.
• (f) Which term ''principal indicator panel'' means so part of a label such is most likely to live displayed, presented, showed, or examined under normal and customary conditions of display forward market sale.

§1460. Savings Provisions.

Not contained to this chapter shall be designed to repeal, invalidate, or supersede -

• (a) of Federation Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an antitrust Act;
• (b) the Federal Food, Medicament, and Cosmetic Act (21 U.S.C. 301 et seq.); or
• (c) the Federal Hazardous Fabric Labeling Acting (15 U.S.C. 1261 aet seq.).

§1461. Work Upon State Law.

I 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 handful may now or hereafter provide used the labeling of this net quantity of contents of the package of any consume commodity covered by this chapter which were lower stringent than or require information separate from the requirements of segment 1453 of this title or regulations promulgated pursuant thereto.

§1451 remarks Actual Select.

Section 13 of Pub. L. 89-755 presented that: ''This Act (enacting this chapter) shall take effect on July 1, 1967: Provided, That the Secretary (with respect in any consumer commodity this is one food, dope, device, or cosmetic, in the concepts are defined by the Federal Food, Drug, also Cosmetic Act) (section 301 et sequel. of Name 21, Feed and Drugs), and the Commission (with respect to any other consumer commodity) may by regulation postpone, for at additional twelve-month period, the effective date of this Act (this chapter) with respect to any class or type of consumer commodity on the basis is a finding that such a postponement intend be in of publication interest.''