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RULE PROPOSALS
VOLUME 45, ISSUE 17
ISSUE DATE: September 3, 2013
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF WEIGHTS AND MEASURES


Proposed Readoption with Amendments: N.J.A.C. 13:47K

Commodities in Package Form; Weights and Measures
 
Authorized By: Robert Campanelli, Acting State Superintendent, Office of Weights and Measures.
 
Authority: N.J.S.A. 51:1-29 and 51:1-61.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2013-126.
 
Submit comments by November 2, 2013 to:
 
   Robert Campanelli, Acting State Superintendent
   Office of Weights and Measures
   1261 Routes 1 and 9 South
   Avenel, NJ 07001
 
The agency proposal follows:
 
Summary

Pursuant to the provisions of Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1, the rules at N.J.A.C. 13:47K will expire on September 5, 2013. As required by Executive Order No. 66 (1978), the Office of Weights and Measures (Office) has reviewed these rules and determined them, with the proposed amendments, to be necessary, reasonable, and proper for the purpose for which they were originally promulgated, that is, to provide uniformity in the methods of sale of like commodities.

The rules describe the requirements for the sale and labeling of consumer and nonconsumer commodities. The labeling of many consumer commodities is also governed by the Fair Packaging and Labeling Act (FPLA), 15 U.S.C. §§ 1451-1461, and the regulations promulgated thereunder by the Food and Drug Administration (FDA) for food items, and the Federal Trade Commission (FTC) for nonfood items. If a package is subject to Federal labeling regulations of the net quantity of contents, 15 U.S.C. § 1461 provides that any state law that is less stringent or that requires different information than the FPLA is superseded by the FPLA.

A summary of each subchapter and the proposed amendments follows:

Subchapter 1 prescribes the labeling requirements for bread; butter, oleomargarine, margarine, butter-like and margarine-like spreads; flour, corn meal, and hominy grits; fluid and other milk products; and pickles. The Office proposes to amend N.J.A.C. 13:47K-1.4 to require that all fluid milk products must be packaged for retail sales in inch-pound volumes, such as pints, quarts, gallons, or fractions or multiples thereof; however, a dual declaration including metric volume may also appear on the packaging. The Office is amending this section because FDA regulations pursuant to the FPLA require that packaging for food products subject to the Act be expressed in inch-pound measurement (21 CFR 101.105(b)). However, a statement of the net quantity of contents in terms of the metric system is permitted but not required (21 CFR 101.105(p)). The Office also proposes an amendment to N.J.A.C. 13:47K-1.5 to update the reference to the Pasteurized Milk Ordinance of the U.S. Public Health Services to the 2011 Revision.

Subchapter 2 sets forth the weights and measures requirements for certain nonfood products, including paper napkins, paper towels, facial tissues, and toilet tissues; writing paper, notebook paper, and envelopes; tablets and books of writing paper; wrapping paper; gift-wrapping paper; paper products for industrial use only; fence wire products; asphalt paints, coatings, and plastics; peat and peat moss; roofing and roofing materials; sealants; polyethylene products; insulation; solid fuel products; liquified petroleum gas cylinders; mulch; and kindling wood. The Office proposes to amend N.J.A.C. 13:47K-2.3 to require that a declaration of quantity on a package of paper napkins, paper towels, facial tissues, or toilet tissues contain a statement as to the number of ply in addition to the numerical count of usable units and dimensions of the individual units in the package. The Office is proposing this amendment to be consistent with 21 CFR 500.15, which requires that if a commodity is in distinct usable units made up of one or more components or ply, the statement of net quantity include the number of ply and the total number of usable units.

The Office is also proposing to amend N.J.A.C. 13:47K-2.4 to delete the reference to the American Society for Testing and Materials (ASTM) Standard Test Method D646 for "Grammage of Paper and Paperwood (Mass Per Unit Area)" and to incorporate by reference the Technical Association of the Pulp and Paper Industry (TAPPI) - T410om-13, "Grammage of Paper and Paperboard (Weight per Unit Area)," as amended and supplemented instead, to determine the average basis weight of paper. In 2010, ASTM withdrew its test standard with no substitution, and the National Conference on Weights and Measures (NIST) has incorporated the TAPPI standard in its 2013 Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality.

The Office also proposes to amend N.J.A.C. 13:47-2.11 to change the term "multiple packs" to "multi-units" and to require that multi-units of paper products bear on the outside wrapper a quantity declaration of the number of individual rolls or packages, the usable unit count, and sheet size for each individual roll or package; and the total quantity of the multi-unit package, regardless of whether the individual rolls or packages are labeled, so that the count of each is clearly visible through the outer wrapper. This change is being proposed to more closely comport with 16 CFR 500.27, which uses the term "multi-unit" and requires that the declaration of net quantity of contents of a multi-unit package state the number of individual packaged or labeled units; the quantity of each individual packaged or labeled unit; and the total quantity of the multi-unit package.

The Office also proposes an amendment to N.J.A.C. 13:47K-2.21 to update the reference to ASTM Standard D1505 to the 2010 edition and to add the incorporation by reference of ASTM Standard D883-12, which sets forth how to calculate the weight of polyethylene sheeting and film products. These changes reflect amendments to the standards set forth in the 2013 Edition of the NIST 130 Handbook.

Subchapter 3 sets forth general labeling requirements, including the presentation of price, allowable differences for combination quantity declarations, and machine-vended commodities. The Office proposes to readopt this subchapter without amendment.

Subchapter 4 sets forth marking requirements for commodities in packaged form related to identifying the commodity; the quantity of the commodity; and the responsible manufacturer, packer, or distributor. N.J.A.C. 13:47K-4.1 describes those packages and commodities in package form that are excluded from the application of the subchapter. N.J.A.C. 13:47K-4.2 sets forth definitions used in the subchapter. N.J.A.C. 13:47K-4.3 and 4.4 set forth the declaration of identity requirements for consumer packages and nonconsumer packages, respectively. N.J.A.C. 13:47K-4.5 requires labels on consumer and nonconsumer packages to state the name and address of the manufacturer, packer or distributor. N.J.A.C. 13:47K-4.6 and 4.7 set forth the requirements for the declaration of quantity for consumer and nonconsumer packages. N.J.A.C. 13:47K-4.8 and 4.9 set standards for prominence and placement of required information for consumer and nonconsumer packages. N.J.A.C. 13:47K-4.10 sets forth requirements for the declaration of quantity for specific consumer and nonconsumer commodities, such as aerosol packages, multi-unit packages, packages of dissimilar commodities, packages of reasonably similar commodities, container type commodities, textile products, threads and yarns, and seeds. N.J.A.C. 13:47K-4.11 sets forth a list of specific items that are exempt from certain labeling requirements.

Under existing N.J.A.C. 13:47K-4.1(a)1 and 4, inner wrappings not intended to be individually sold to consumers, and containers used for retail tray pack displays when the container itself is not intended to be sold are exempted from the rules of the subchapter. Because 16 CFR 500.2(d) does not specifically include these exemptions, the Office is proposing to delete these two paragraphs. As a result of these proposed deletions, N.J.A.C. 13:47K-4.1(a)2, 3, 5, and 6 are proposed to be recodified as N.J.A.C. 13:47K-4.1(a)1, 2, 3, and 4. Recodified paragraph (a)1 is proposed to be amended to clarify that shipping containers and wrapping used solely for the transportation of any commodities in bulk or [page=2026] in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, if also used in displays are not exempted from the rules of the subchapter. Additionally, the phrase, "but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities, as defined herein" is proposed to be deleted. The Office proposes to amend the rule to more closely comport with the Federal regulation. Furthermore, the Office proposes to amend recodified N.J.A.C. 13:47K-4.1(a)2 to use the term "shipping" instead of the term "auxiliary" and to clarify that the shipping containers or outer wrappings exempted from the subchapter in the paragraph are those used by retailers to ship or deliver packages of such commodities to retail customers. The Office proposed to amend this subsection to more closely follow the language set forth in 16 CFR 500.2(d).

The Office also proposes several amendments to N.J.A.C. 13:47K-4.6. Existing N.J.A.C. 13:47K-4.6(c)1 requires the term "net weight" to be used in conjunction with the declaration of quantity in units of weight. However, to the extent that a package is a consumer commodity governed by Federal law, 16 CFR 500.9 permits the use of either "net weight" or "net mass," and neither term is required, so long as the quantity of contents discloses the net quantity of contents. Therefore, under Federal law, the declaration of quantity on a package could be expressed as either "453 g (1 lb)" "Net Wt 1 lb (453 g)," or "Net Mass 453 g (1 lb)." The Office proposes to amend N.J.A.C. 13:47K-4.6(c) and (d) to permit the quantity of contents to be expressed in accordance with 16 CFR 500.9.

The Office also proposes to amend N.J.A.C. 13:47K-4.6(e) to permit the use of periods and plurals when using inch-pound abbreviations. Additionally, the Office proposes to amend N.J.A.C. 13:47K-4.6(f) to allow measurement in micrometers, square decimeters, and cubic decimeters on the quantity statement on a packaged commodity. All of the proposed amendments comport more closely with Federal regulations.

Additionally, the Office proposes to amend N.J.A.C. 13:47K-4.6(g) and (g)1 to clarify that for prescribed packages using the inch-pound system, packages subject to Federal regulations regarding the declaration of the net quantity of contents must conform to Federal regulations. Packages not subject to Federal regulations must bear a statement of the net quantity of contents in either inch-pound or System International (SI)-metric units. Packages entering interstate commerce are restricted by Federal regulations to two decimal place quantity declarations. This language currently appears in N.J.A.C. 13:47K-4.6(f) (relating to how the declaration of net quantity is to be expressed) and (h) (relating to prescribed units using the metric system). This paragraph appears to have been inadvertently omitted from N.J.A.C. 13:47K-4.6(g) and repeated twice in N.J.A.C. 13:47K-4.6(h). The Office proposes to delete the redundant regulations appearing at N.J.A.C. 13:47K-4.6(h)1v(1), and to delete the redundant statements in N.J.A.C. 13:47K-4.6(g)1v(1) and 2i, restricting the number of decimal places to two for packages entering interstate commerce.

The Office proposes to amend N.J.A.C. 13:47K-4.10(d)2, relating to the declaration of quantity on multi-unit packages. The existing regulation does not require the declaration of total quantity to include a parenthetical quantity statement of dual quantity representation. The FPLA (15 U.S.C. § 1453) requires that the net quantity of contents of consumer packages governed by the statute be expressed in both the inch/pound and the SI metric system. Furthermore, 16 CFR 500.27(a) requires that the total quantity of a multi-unit package be expressed on the label, and offers as an example a dual declaration of total quantity. The Office, therefore, is proposing to amend N.J.A.C. 13:47K-4.10(d)2, so that it more closely comports with the rule and example set forth in 16 CFR 500.27(a), by updating the example.

The Office also proposes to amend N.J.A.C. 13:47K-4.10(h)1i(2)(A), which sets forth how the dimensions of bag-type commodities are to be expressed. The Office believes that the existing regulation inadvertently omitted language requiring that the dimensions of gusseted bags of less than two feet be expressed in inches. Similar language appears in N.J.A.C. 13:47K-4.10(h)1i(1)(A) for bags that do not contain gussets. The Office proposes to amend N.J.A.C. 13:47K-4.10(h)1i(2)(A) to require that the dimensions of gusseted bags be expressed in inches, except for dimensions of two feet or more.

The Office is also proposing several amendments to N.J.A.C. 13:47K-4.11 relating to cheese and soft drinks. N.J.A.C. 13:47K-4.11(b)1 relates to labeling requirements of uniform weight packages of cheese and cheese products. The Office is proposing to require, in addition to its current labeling requirements, that the labels bear a declaration of price per kilogram or pound, and not per specified number of kilograms or pounds. This proposed amendment would be consistent with Federal requirements set forth at 21 CFR 1.24(a)(2). The Office is also proposing to amend N.J.A.C. 13:47K-4.11(aa) to reflect changes to the names of the organizations cited in the subsection.

The Office is also proposing to amend N.J.A.C. 13:47K-4.11(cc), the provision relating to packaged consumer commodities measured in terms of count only, or in terms of count and some other appropriate unit. The existing rule applies to both food and nonfood items, and does not require a statement of count for those packages containing six or fewer items, so long as the items are fully visible to the purchaser and labeled in full accord with the rules. However, Federal rules treat food and nonfood items differently. With respect to food items, no statement of count is necessary if the individual units are fully visible and the individual packages are properly labeled. With respect to nonfood items, consumer packages of two or more items are required to bear the net quantity statement in terms of count, and weight, volume, area or dimensions as required. The Office is proposing to set forth separate rules for food and nonfood consumer commodities that are properly measured in terms of count, to more closely comport with Federal regulations.

Subchapter 5 sets forth the maximum allowable variations (MAVs) to declared net weights. The Office is proposing to amend N.J.A.C. 13:47K-5.1(b) to apply to either intrastate or interstate commerce, and indicate what is meant by interstate commerce. The existing regulation applies only to intrastate commerce. The Office is also proposing to delete N.J.A.C. 13:47K-5.2(a), which contains the table setting forth the MAVs for foam aerosol products. The Office has determined that this table is not needed because aerosols are measured either by net weight or net volume. The Office is also proposing to amend recodified N.J.A.C. 13:47K-5.2(a)1 through 5 to update the references to the 2013 National Institute of Standards and Technology (NIST) Handbook 133. Additionally, the Office is proposing to incorporate by reference the NIST standard contained in Table 2-10 of Appendix A of Handbook 133 for polyethylene sheeting and film as new paragraph (a)6. This standard would replace existing subsection (f), which is proposed for deletion and contains ASTM Standard D-4397-46 and D2103-97, and are no longer used by ASTM. The NIST standard is consistent with the current standards.

The Office has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact

The rules proposed for readoption and the proposed amendments to N.J.A.C. 13:47K that detail the weights and measures requirements for commodities in package form, provide buyers and sellers of commodities in package form with uniform standards to regulate their transactions. The rules are based on the FPLA and the Federal regulations promulgated thereunder, and on the Uniform Laws and Regulations developed by NIST, an organization composed of regulatory agencies and commercial businesses involved in weighing and measuring activities, sponsored by the National Institute of Standards and Technology in the United States Department of Commerce. Additionally, the rules allow commodities in packaged form, produced and/or packaged in New Jersey, to move freely in interstate and intrastate commerce and allow New Jersey merchants to comply with the regulatory schemes of adjoining states when based on the Uniform Laws and Regulations. The impact of these rules has been positive upon both the public and buyers and sellers of commodities. The rules benefit consumers from unreasonable shortages in packages and provide accuracy in labeling; the rules require package labels to inform consumers about the purported quantity of content and provide consumers recourse to inform the Office if the actual quantities received are less than purchased. Manufacturers and packers of commodities in package form benefit from a uniform notice of their responsibilities in the marketplace. The amendments proposed are intended to insure that New Jersey rules are consistent with current Federal standards, and to prevent conflict with potential new standards.
 
[page=2027] Economic Impact

The proposed readoption of N.J.A.C. 13:47K will have a positive impact upon the general public by preventing overcharging because of shortages in packages of commodities sold in package form. The Office is unable to calculate the costs to the regulated community because the readoption of the rules continues the effect of most standards that have been in place for several decades. While the regulated community bears the financial costs in complying with the packaging and labeling requirements in these rules, the cost is outweighed by the benefit to both buyers and sellers of commodities and consumers from the uniform standards regulating the buying and selling of commodities. Since these rules are substantially a codification of Federal and industry-recognized standards which have been in existence for many years, the readoption of the rules will not increase packaging costs but instead maintain them. The Office believes that there will be no additional costs in the enforcement of these rules. The Office believes that the proposed amendments will have no economic impact because they are consistent with current standards and prevent conflict with potential new standards.
 
Federal Standards Statement

The rules proposed for readoption with amendments are consistent with the Fair Packaging and Labeling Act, 15 U.S.C. §§ 1351-1461, and the regulations promulgated thereunder, as well as other Federal standards. The rules proposed for readoption at N.J.A.C. 13:47K-1.2(a) and (c) and 1.5(a) reference Federal standards related to butter-like and/or margarine-like spreads; oleomargarine and margarine; and non-fluid milk products contained in 9 CFR Part 319, 319.700; 21 U.S.C. §§ 301 et seq.; and the Pasteurized Milk Ordinance of the U.S. Public Health Service, respectively. The rules proposed for readoption with amendments at N.J.A.C. 13:47K-5.2(b)5 contain the same standards as the Federal rules for maximum allowable variations for Federally inspected meat and poultry packages that move in interstate commerce. The Federal rules have been adopted by the U.S. Department of Agriculture pursuant to the Poultry Products Inspection Act and the Meat Inspection Act. The other rules proposed for readoption with amendments are consistent with standards developed by NIST in standards Handbook 130. Additionally, the proposed readoption with amendments voluntarily adopts by reference many standards in Handbook 133 related to maximum allowable variations for certain food and nonfood packages in the State of New Jersey. NIST is an agency of the U.S. Department of Commerce.
 
Jobs Impact

The Office believes that the rules proposed for readoption and the proposed amendments will not result in the creation or loss of jobs in New Jersey.
 
Agriculture Industry Impact

The rules proposed for readoption and the proposed amendments will continue to affect the agriculture industry in that agricultural products are occasionally sold at roadside stands as commodities in package form. Owners and operators of such roadside stands will continue to incur the obligations, expenses, and fees described in the Summary and Economic Impact above and the Regulatory Flexibility Analysis below. Such costs may involve the obtaining and affixing of a label and the assurance that the identity and quantity statements are accurate; however, items packaged on the premises where sold are exempt from requirements regarding statements of identity of the manufacturer, packer, or distributor pursuant to N.J.S.A. 51:1-29.a(2).
 
Regulatory Flexibility Analysis

Currently, the Office estimates that these rules apply to approximately 35,000 businesses. If, for the purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., any of these businesses are considered "small businesses," then the following analysis applies.

The rules proposed for readoption and the proposed amendments do not impose reporting or recordkeeping requirements. The rules and amendments do, however, impose numerous compliance requirements. Subchapter 1 requires that bread, flour, and solid or semi-solid milk products must be sold by weight and sets forth the packaging requirements for margarine, milk, other milk products, and pickles. Subchapter 2 sets forth the weights and measures requirements for the sale of numerous nonfood products. Subchapter 3 requires that the presentation of price and display for a commodity include a fraction of a cent. Additionally, the rules detail the requirements for allowable differences and combination quantity declarations and set forth the requirements for vending machine dispensed packaged commodities.

Subchapter 4 establishes compliance requirements regarding the marking of commodities in packaged form. The rules detail the declaration of identity, declaration of responsibility, declaration of quantity, and prominence and placement requirements for consumer and nonconsumer packages. Additionally, the rules set forth requirements for specific consumer and nonconsumer commodities, packages, and containers and establish exemptions for certain commodities and packages from the specific provisions of the subchapter. The proposed amendment to N.J.A.C. 13:47K-4.11 requires certain disclosures related to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages. The proposed amendment to N.J.A.C. 13:47K-4.11(cc) requires that packages of nonfood consumer commodities properly measured in count contain a statement of count if the package contains two or more units.

Subchapter 5 sets forth the maximum allowable variations allowed below the declared quantity. The amendments to N.J.A.C. 13:47K-5.1 make the subchapter applicable to commodities placed in either interstate or intrastate commerce. N.J.A.C. 13:47K-5.2 requires compliance with the maximum allowable variations as referenced in Appendix A of the National Institute for Standards and Technology Handbook 133.

The Office believes that no professional services are likely to be needed to comply with the rules proposed for readoption or the amendments. The Office considers the rules proposed for readoption with amendments necessary to preserve the health, safety, and welfare of public consumers. The objective of the rules proposed for readoption and the proposed amendments is to regulate and provide uniformity in the method of sale of commodities in package form and the Office believes that the rules must be applied uniformly to all small businesses without regard to size. Consequently, no lesser requirements or exemptions are provided based upon the size of the business.
 
Housing Affordability Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules proposed for readoption with amendments would evoke a change in the average costs associated with housing because the rules proposed for readoption with amendments concern standards for commodities in packaged form.
 
Smart Growth Development Impact Analysis

The rules proposed for readoption with amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules proposed for readoption with amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption with amendments concern standards for commodities in packaged form.
 
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:47K.
 
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    FOOD PRODUCTS
 
13:47K-1.4   Fluid milk products
 
(a) All fluid milk products, including, but not limited to, milk, lowfat milk, skim milk, cultured milks, and cream[,] shall be packaged for retail sale only in volumes per [subsection] (a)1 [and 2] below[; provided, that inch-pound]. Expressions of volume per (a)2 below may also appear on the packaging. Inch-pound sizes less than one gill and metric sizes less than 100 milliliters shall also be permitted[:].
 
1.-2. (No change.)
 
13:47K-1.5   Other milk products
 
(a) Cottage cheese, cottage cheese products, and other milk products that are solid, [semisolid] semi-solid, viscous, or a mixture of solid and liquid, as defined in the Pasteurized Milk Ordinance of the U.S. Public [page=2028] Health Service, as amended and supplemented (see Public Health Service, Food and Drug Administration, Publication 229, Title PMO grade A, [2003] 2011 Revision), shall be sold in terms of weight; provided, that cottage cheese, cottage cheese products, sour cream, and yogurt shall be packaged for retail sale only in weights per (a)1 or 2 below and, provided further, that the total net weight of multi-unit packages need not comply with (a)1 or 2 below if their individual units comply:
 
1.-2. (No change.)
 
SUBCHAPTER 2.    NONFOOD PRODUCTS
 
13:47K-2.3   Paper napkins, paper towels, facial tissues, and toilet tissues
 
The declaration of quantity on a package of paper napkins, paper towels, facial tissues, or toilet tissues shall indicate the numerical count of usable units (a sheet of [two] two- or [three ply] three-ply shall be considered a single usable unit), the number of ply, and the dimensions of the individual unit contained in the package.
 
13:47K-2.4   Writing paper[;], notebook paper[;], envelopes[;], and office paper
 
(a)-(b) (No change.)
 
(c) A package of bond, mimeo, spirit duplicator, xerographic, and other paper, including cut-sized office paper and computer paper, shall bear a label that includes a declaration of quantity, in terms of sheet length and width and count, in the lower 30 percent of the principal display panel, and a declaration of identity including the "Basis Weight." "Basis Weight" as used in this subsection for labeling means the grade, category, or identity of the paper determined according to [the latest version of American Society for Testing and Materials Standard Test Method D646 for "Grammage of Paper and Paperwood (Mass Per Unit Area)"] Technical Association of the Pulp and Paper Industry (TAPPI) (URL: www.tappi.org/) TAPPI0 - T410om-13, "Grammage of Paper and Paperboard (Weight per Unit Area), which is incorporated herein by reference, as amended and supplemented." "Basis Weight" is used as a standard of identity and is not to be considered a net weight declaration.
 
13:47K-2.11   [Multiple packs] Multi-unit packages
 
[Multiple packs] Multi-unit packages of paper products shall bear on the outside wrapper, clearly and conspicuously, a quantity declaration indicating the number of individual rolls or packages, [and] the usable unit count and sheet size for each individual roll or package, [unless such individual rolls or packages are so labeled that the count of each is clearly visible through the outer wrapper] and the total quantity of the multi-unit package.
 
13:47K-2.21   Polyethylene products
 
(a)-(b) (No change.)
 
(c) The labeled statement of weight for polyethylene sheeting and film products under (a) above shall be not less than the weight calculated by using either of the following formulas:
 
1. For inch-pound dimensions:
 
. . .
 
D = density in grams per cubic centimeter as determined by ASTM Standard D1505-[98]10 "Standard Method of Test for Density of Plastics by the Gradient Technique," as amended and supplemented, incorporated herein by reference, and ASTM Standard D883-12, "Standards Terminology Relating to Plastics," as amended and supplemented, incorporated herein by reference. 0.03613 is a factor for converting g/cm<3> to lb/in<3>.
 
2. For metric dimensions:
 
. . .
 
D = density in grams per cubic centimeter as determined by ASTM Standard D1505-[98]10, "Standard Method of Test for Density of Plastics by the Density Gradient Technique," as amended and supplemented, incorporated herein by reference and ASTM Standard D883-12, "Standards Terminology Relating to Plastics," as amended and supplemented, incorporated herein by reference.
 
3. (No change.)
 
SUBCHAPTER 4.    MARKING REQUIREMENTS
 
13:47K-4.1   Applications
 
(a) This subchapter shall apply to packages and to commodities in package form, but shall not apply to:
 
[1. Inner wrappings not intended to be individually sold to the customer;]
 
[2.] 1. 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 nonconsumer commodities, as defined herein] thereof, unless used in retail display;
 
[3.] 2. [Auxiliary] Shipping containers or outer wrappings used by retailers to ship or deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity;
 
[4. Containers used for retail tray pack displays when the container itself is not intended to be sold (for example, the tray that is used to display individual envelopes of seasonings, gravies, etc., and the tray itself is not intended to be sold);]
 
Recodify existing 5. and 6. as 3. and 4. (No change in text.)
 
13:47K-4.6   Declaration of quantity: consumer packages
 
(a)-(b) (No change.)
 
(c) A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of a consumer package and, unless otherwise specified in this subchapter, shall be in terms of the largest whole unit.
 
[1. 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.]
 
1. The term "net weight" or "net mass" may be used in stating the net quantity of contents in terms of weight or mass. However, where the term "net weight" or "net mass" is not used, the quantity of contents shall always disclose the net quantity of contents. (For example: "453 g (1 lb)" or Net Wt 1 lb (453 g)" or "Net Mass 453 g (1 lb)".)
 
2. (No change.)
 
(d) The declaration of the 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 or mass if the commodity is solid, [semisolid] semi-solid, 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.
 
1.-3. (No change.)
 
(e) When inch-pound units are used, the following shall apply:
 
1. (No change.)
 
2. Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement under [(e)] (d) above on a package of a commodity:
 
. . .
 
i. [There are normally no periods following, nor plural forms of symbol. For example, "oz" is the symbol for both "ounce" and "ounces."] Periods and plural forms shall be optional. Both upper and lower case letters are acceptable.
 
ii. (No change.)
 
(f) Packages subject to Federal regulations regarding the declaration of the net quantity of contents in inch-pound [and or] and/or System International (SI) metric units shall conform to such regulations. Packages not subject to such Federal regulations shall bear a statement of the net quantity of contents in either inch-pound or SI-metric units. Packages entering interstate commerce are restricted by Federal regulations to two decimal place quantity declarations.
 
1. (No change.)
 
[page=2029] 2. Any of the following symbols of metric units, and none other, may be employed in the quantity statement on a package of commodity:
 
. . .
   cubic centimeter   cm<3>
   micrometer #[micro]#
   square decimeter dm<2>
   cubic decimeter   dm<3>
 
i.-ii. (No change.)
 
[(g)] 3. For prescribed units, using the inch-pound system, the [following shall apply:]
 
[1. The] declaration of quantity in (f)3i through iv below shall [be expressed in terms of:] apply. The quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.
 
i.-iii. (No change.)
 
iv. In the case of liquid measure of less than one pint, fluid ounces, and fractions of fluid ounces[; provided that].
 
[v. The quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.
 
(1) Packages entering interstate commerce are restricted by Federal regulations to two decimal place quantity foods.]
 
[2.] 4. On packages containing one pound or more but less than four pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by 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 pounds and decimal fractions of the pound carried out to not more than three decimal places.
 
[i. Packages entering interstate commerce are restricted by Federal regulations to two decimal place quantity declarations.]
 
Recodify existing 3.-7. as 5.-9. (No change in text.)
 
[(h) Packages subject to Federal regulations regarding the declaration of the net quantity of contents in inch-pound and or System International (SI) metric units shall conform to such regulations. Packages not subject to such Federal regulations shall bear a statement of the net quantity of contents in either inch-pound or SI-metric units. Packages entering interstate commerce are restricted by Federal regulations to two decimal place quantity declarations.]
 
[1.] 10. For prescribed units [as follows], using the metric system, the declaration of quantity in (f)10i through iv below shall [be expressed in terms of:] apply. 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 two decimal places.
 
i.-ii. (No change.)
 
iii. In the case of weight of less than one kilogram, grams and decimal fractions of a gram, but if less than one gram, [then in] milligrams; and
 
iv. In the case of liquid or dry measure of less than one liter, milliliters[; provided that].
 
[v. 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 two decimal places.
 
(1) Packages subject to Federal regulations regarding the declaration of the net quantity of contents in inch-pound and or System International (SI) metric units shall conform to such regulations. Packages not subject to such Federal regulations shall bear a statement of the net quantity of contents in either inch-pound or SI metric units.]
 
[2.] 11. For prescribed units [as follows], using the metric system, the declaration of quantity in (f)11i through iv below shall [be expressed in terms of:] apply. The quantity declaration appearing on a random weight package may be expressed in terms of kilograms and decimal fractions carried out to not more than two decimal places.
 
i.-iii. (No change.)
 
iv. In case of liquid or dry measure of one liter or more, in liters and decimal fractions to not more than two places[; provided that].
 
[v. The quantity declaration appearing on a random weight package may be expressed in terms of kilograms and decimal fractions carried out to not more than two decimal places.]
 
[3.] 12. (No change in text.)
 
Recodify existing (i)-(m) as (g)-(l) (No change in text.)
 
13:47K-4.10   Requirements: specific consumer commodities, nonconsumer commodities, packages, containers
 
(a)-(c) (No change.)
 
(d) Requirements for the declaration of quantity on multi-unit packages are as follows:
 
1. (No change.)
 
2. 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] 3.4 ozs. (96.3 g) each; Total Net Weight [450 grams] 1lb. 4.4 oz. (578 g)"); and
 
3. (No change.)
 
(e)-(g) (No change.)
 
(h) The measurement of container-type commodities shall be expressed as follows:
 
1. Commodities designated and sold at retail to be used as containers for other material or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:
 
i. For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise).
 
(1) (No change.)
 
(2) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, as follows:
 
(A) For inch-pound units, in inches, except that a dimension of two feet or more will be expressed in feet, with any remainder in terms of inches or the common or decimal fractions of the foot. (Examples: "25 BAGS, 17 inches x 4 inches x 20 inches" or "100 BAGS, 20 inches x 12 inches x 2-1/2 feet");
 
(B) (No change.)
 
ii.-iv. (No change.)
 
2. (No change.)
 
(i)-(j) (No change.)
 
13:47K-4.11   Exemptions
 
(a) (No change.)
 
(b) A random package bearing a label conspicuously declaring the net weight, the price per kilogram or pound, and the total price shall be exempt from the type size, dual declaration, placement, and free area requirements of this subchapter. In the case of a random package packed 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.
 
1. This exemption shall also 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 exempt by this section, except that the labels shall bear a declaration of price per kilogram or pound and not price per specified number of kilograms or pounds.
 
2. (No change.)
 
(c)-(z) (No change.)
 
(aa) Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the International Association of Bedding and Furniture Law Officials or by the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation shall be exempt from the requirements for location (N.J.A.C. 13:47K-4.8(a)1), size of letters or numbers (N.J.A.C. 13:47K-4.8(b)3 and (b)3i), free area (N.J.A.C. 13:47K-4.8(a)4), and the declarations of identity and responsibility (N.J.A.C. 13:47K-4.3(a) and 4.5), provided that declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this subchapter, and further provided that the information on such permanently attached label be fully observable to the purchaser.
 
(bb) (No change.)
 
(cc) When a packaged food 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 [page=2030] purchaser, such packages shall be labeled in full accord with this subchapter, except that [those containing six or less items] such packages need not include a statement of count. When a packaged nonfood 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 subchapter, except that those containing two or more items must include a statement of count.
 
(dd) (No change.)
 
SUBCHAPTER 5.    VARIATIONS
 
13:47K-5.1   Packaging variations
 
(a) (No change.)
 
(b) 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 or interstate commerce; provided that the phrase "introduced into intrastate or interstate commerce" as used in this subsection 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, or within any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory of possession of the United States, but shall not include exports to foreign countries, the delivery being either:
 
1. (No change.)
 
2. To a common carrier for shipments 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 the person who introduces the package into intrastate or interstate commerce, exposure variations shall not be permitted.
 
13:47K-5.2   Maximum allowable variations
 
[(a) The following table sets forth the maximum allowable variations for foam aerosol products:

Avoirdupois:

MAV

Labeled weight of package

Ounce

Pound

0 to less than

11/2 oz

0

0

1 1/2 oz to less than

5 oz

1/16

0.004

5 oz to less than

8 oz

1/8

0.008

8 oz to less than

11 oz

3/16

0.012

11 oz to less than

14 oz

1/4

0.016

14 oz to less than

1 lb 1 oz

5/16

0.020

1 lb 1 oz or more

3/8

0.023

Metric

MAV

Grams

0 to less than 50 g

0

50 g to less than 100 g

1

100 g to less than 200 g

3

200 g to less than 300 g

5

300 g to less than 400 g

7

400 g to less than 500 g

9

Over 500 g

10]


 
[(b)] (a) The maximum allowable variations below shall conform to the following or revised or later editions, if in effect, incorporated herein by reference:
 
1. The National Institute of Standards and Technology's (NIST's) Maximum Allowable Variations for Packages Labeled by Weight referenced as Table 2-5 of Appendix A of the [Fourth] 2013 Edition of NIST Handbook 133 [(2005)] (November 2012);
 
2. The NIST's Maximum Allowable Variations for Packages Labeled by Liquid and Dry Volume referenced as Table 2-6 of Appendix A of the [Fourth] 2013 Edition of NIST Handbook 133 [(2005)] (November 2012);
 
3. The NIST's Maximum Allowable Variations for Packages Labeled by Count referenced as Table 2-7 of Appendix A of the [Fourth] 2013 Edition of NIST Handbook 133 [(2005)] (November 2012);
 
4. The NIST's Maximum Allowable Variations for Packages Labeled by Length, (Width) or Area referenced as Table 2-8 of Appendix A of the [Fourth] 2013 Edition of NIST Handbook 133 [(2005)] (November 2012); [and]
 
5. The U.S. Department of Agriculture's Maximum Allowable Variations for Meat and Poultry Groups and Lower Limits for Individual Packages referenced as Table 2-9 of Appendix A of the [Fourth] 2013 Edition of NIST Handbook 133 [(2005).] (November 2012); and
 
6. The NIST's Maximum Allowable Variations for Polyethylene Sheeting and Film, referenced in Table 2-10 of Appendix A of the 2013 Edition of NIST Handbook 133 (November 2012).
 
(c)-(e) (No change.)
 
[(f) Allowed variations from declared thickness for polyethylene products are as follows for any single measurement of thickness:
 
1. When the labeled thickness is less than one mil (0.001 inch), any individual thickness measurement of a polyethylene product may be as much as 35 percent below the labeled thickness (that is, at least 65 percent of the labeled thickness), as set forth in ASTM Standard D2103-97, "Standard Specification of Polyethylene Film and Sheeting," 1997, as amended and supplemented, incorporated herein by reference.
 
2. When the labeled thickness is one mil or larger, any individual thickness measurement of a polyethylene product may be as much as 20 percent below the labeled thickness (that is, at least 80 percent of the labeled thickness), as set forth in ASTM Standard D-4397-96, "Specification for Polyethylene Sheeting for Construction, Industrial and Agricultural Applications," 1996, as amended and supplemented, incorporated herein by reference.]
 
[(g)] (f) (No change in text.)

 

 

 

 


 

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