-CITE-

15 USC CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

.

-HEAD-

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-MISC1-

Sec.

1451. Congressional declaration of policy.

1452. Unfair and deceptive packaging and labeling; scope of

prohibition.

(a) Nonconforming labels.

(b) Exemptions.

1453. Requirements of labeling; placement, form, and contents of

statement of quantity; supplemental statement of quantity.

(a) Contents of label.

(b) Supplemental statements.

1454. Rules and regulations.

(a) Promulgating authority.

(b) Exemption of commodities from regulations.

(c) Scope of additional regulations.

(d) Development by manufacturers, packers, and

distributors of voluntary product standards.

(e) Report and recommendations to Congress upon

industry failure to develop or abide by

voluntary product standards.

1455. Procedure for promulgation of regulations.

(a) Hearings by Secretary of Health and Human

Services.

(b) Judicial review; hearings by Federal Trade

Commission.

(c) Cooperation with other departments and agencies.

(d) Returnable or reusable glass containers for

beverages.

1456. Enforcement.

(a) Misbranded consumer commodities.

(b) Unfair or deceptive acts or practices in

commerce.

(c) Imports.

1457. Omitted.

1458. Cooperation with State authorities; transmittal of

regulations to States; noninterference with existing programs.

1459. Definitions.

1460. Savings provisions.

1461. Effect upon State law.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 21 sections 379r, 379s,

1033, 1049, 1052.

-CITE-

15 USC Sec. 1451 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1451. Congressional declaration of policy

-STATUTE-

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.

-SOURCE-

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

-MISC1-

EFFECTIVE DATE

Section 13 of Pub. L. 89-755 provided that: ''This Act (enacting

this chapter) shall take effect on July 1, 1967: Provided, That the

Secretary (with respect to any consumer commodity which is a food,

drug, device, or cosmetic, as those terms are defined by the

Federal Food, Drug, and Cosmetic Act) (section 301 et seq. of Title

21, Food and Drugs), and the Commission (with respect to any other

consumer commodity) may by regulation postpone, for an 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 of a finding that such a postponement would be in the public

interest.''

SHORT TITLE

Section 1 of Pub. L. 89-755 provided: ''That this Act (enacting

this chapter) may be cited as the 'Fair Packaging and Labeling

Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1454 of this title.

-CITE-

15 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

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

prohibition

-STATUTE-

(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.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1456 of this title.

-CITE-

15 USC Sec. 1453 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

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

of statement of quantity; supplemental statement of quantity

-STATUTE-

(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;

(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;

(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.

(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.

-SOURCE-

(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, Sec. 1, 3, Aug. 3, 1992, 106 Stat. 847, 848.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-245, Sec. 107, which directed amendment of

section, effective two years after Feb. 14, 1992, by substituting

''weight or mass'' for ''weight'' in subsecs. (a)(2), (4), (5) and

(b) and ''weights or masses'' for ''weights'' in subsec. (a)(5), by

inserting '', using the most appropriate units of the SI metric

system as the primary system for measuring quantity'' after ''panel

of that label'' in subsec. (a)(2), by substituting ''that also

displays the avoirdupois system of measure, and that contains'' for

''containing'' in subsec. (a)(3)(A)(i), by inserting ''that also

displays the avoirdupois system of measure'' after ''random

package'' in subsec. (a)(3)(A)(ii), by inserting ''that also

displays the avoirdupois system of measure'' after ''linear

measure'' in subsec. (a)(3)(A)(iii), and by inserting ''that also

displays the avoirdupois system of measure'' in subsec.

(a)(3)(A)(iv), was repealed by Pub. L. 102-329, Sec. 3.

Subsec. (a)(2). Pub. L. 102-329, Sec. 1(1), (3), substituted

''weight or mass'' for ''weight'' and inserted before semicolon at

end '', 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''.

Subsec. (a)(3)(A)(i). Pub. L. 102-329, Sec. 1(4)(A), substituted

''labeled in terms of weight, shall be expressed in pounds'' for

''containing less than four pounds or one gallon and labeled in

terms of weight or fluid measure, shall, unless subparagraph (ii)

applies and such statement is set forth in accordance with such

subparagraph, be expressed both in ounces (with identification as

to avoirdupois or fluid ounces) and, if applicable, in pounds for

weight units''.

Subsec. (a)(3)(A)(ii). Pub. L. 102-329, Sec. 1(4)(B), (C),

substituted ''three'' for ''two'' and inserted before semicolon at

end ''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''.

Subsec. (a)(3)(A)(iii). Pub. L. 102-329, Sec. 1(4)(D),

substituted ''in terms of'' for ''both in terms of inches and''.

Subsec. (a)(3)(A)(iv). Pub. L. 102-329, Sec. 1(4)(E), substituted

''in terms of'' for ''both in terms of square inches and''.

Subsec. (a)(4). Pub. L. 102-329, Sec. 1(1), substituted ''weight

or mass'' for ''weight''.

Subsec. (a)(5). Pub. L. 102-329, Sec. 1(1), (2), substituted

''weight or mass'' for ''weight'' and ''weights or masses'' for

''weights''.

Subsec. (a)(6). Pub. L. 102-329, Sec. 1(5), added par. (6).

Subsec. (b). Pub. L. 102-329, Sec. 1(1), substituted ''weight or

mass'' for ''weight''.

EFFECTIVE DATE OF 1992 AMENDMENTS

Section 2 of Pub. L. 102-329 provided that: ''The amendments made

by section 1 (amending this section and section 1454 of this title)

shall take effect on February 14, 1994. The amendments made by

section 1 shall have no effect on the sale or distribution of

products whose labels have been printed before such effective

date. Nothing in the amendments made by section 1 shall apply to

unit pricing, advertising, recipe programs, nutrition labeling, or

other general pricing information. Nothing in the amendments made

by section 1 shall be construed to require changes in package size

or to affect in any way the size of packages.''

Section 107(b) of Pub. L. 102-245, which provided that section

107 of Pub. L. 102-245 which amended this section and section 1454

of this title was to take effect 2 years after Feb. 14, 1992, was

repealed by Pub. L. 102-329, Sec. 3, Aug. 3, 1992, 106 Stat. 848.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1454, 1455, 1456, 1461 of

this title.

-CITE-

15 USC Sec. 1454 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1454. Rules and regulations

-STATUTE-

(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;

(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.

-SOURCE-

(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, Sec. 1(1), (2), 3, Aug. 3, 1991, 106 Stat. 847,

848.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-245, Sec. 107(a)(1), (2), (b), which directed

amendment of section, effective two years after Feb. 14, 1992, by

substituting ''weight or mass'' for ''weight'' in subsec. (c)(1)

and ''weights or masses'' for ''weights'' in subsec. (d), was

repealed by Pub. L. 102-329, Sec. 3.

Subsec. (c)(1). Pub. L. 102-329, Sec. 1(1), substituted ''weight

or mass'' for ''weight''.

Subsec. (d). Pub. L. 102-329, Sec. 1(2), substituted ''weights or

masses'' for ''weights''.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-MISC4-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-329 effective Feb. 14, 1994, but with

such amendment to have no effect on the sale or distribution of

products whose labels have been printed before such date, no

application to unit pricing, advertising, recipe programs,

nutrition labeling, or other general pricing information, and no

construction requiring changes in package size or affecting in any

way the size of packages, see section 2 of Pub. L. 102-329, set out

as a note under section 1453 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1455, 1456 of this title.

-CITE-

15 USC Sec. 1455 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1455. Procedure for promulgation of regulations

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in subsec. (d),

refers to the effective date of Pub. L. 89-755 which enacted this

chapter to take effect July 1, 1967. See Effective Date note set

out under section 1451 of this title.

-CHANGE-

CHANGE OF NAME

''Department of Health and Human Services'' substituted for

''Department of Health, Education, and Welfare'' in subsec. (a),

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1453 of this title.

-CITE-

15 USC Sec. 1456 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1456. Enforcement

-STATUTE-

(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).

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(a) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended. Chapter III of the Act is classified generally to

subchapter III (Sec. 331 et seq.) of chapter 9 of Title 21, Food

and Drugs. For complete classification of this Act to the Code, see

section 301 of Title 21 and Tables.

-CITE-

15 USC Sec. 1457 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1457. Omitted

-COD-

CODIFICATION

Section, Pub. L. 89-755, Sec. 8, Nov. 3, 1966, 80 Stat. 1300;

Pub. L. 93-608, Sec. 3(2), Jan. 2, 1975, 88 Stat. 1972; Pub. L.

97-375, title II, Sec. 202(d), 206(b), Dec. 21, 1982, 96 Stat.

1822, 1823, which required officers and agencies required or

authorized by this chapter to promulgate regulations, to transmit

an annual report to Congress describing activities carried out for

the administration and enforcement of this chapter, terminated,

effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, pages 54, 92, and 172 of House Document No.

103-7.

-CITE-

15 USC Sec. 1458 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1458. Cooperation with State authorities; transmittal of

regulations to States; noninterference with existing programs

-STATUTE-

(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.

-SOURCE-

(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.)

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (b)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

-CITE-

15 USC Sec. 1459 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1459. Definitions

-STATUTE-

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.).

(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).

(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.

-SOURCE-

(Pub. L. 89-755, Sec. 10, Nov. 3, 1966, 80 Stat. 1301; Pub. L.

90-628, Sec. 2, Oct. 22, 1968, 82 Stat. 1320.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to subsec.

(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (a)(2), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of Title

7, Agriculture. For complete classification of this Act to the

Code, see Short Title note set out under section 136 of Title 7 and

Tables.

The Virus-Serum-Toxin Act, referred to in subsec. (a)(2), is the

eighth paragraph under the heading ''Bureau of Animal Industry'' of

act Mar. 4, 1913, ch. 145, 37 Stat. 832, as amended, which is

classified generally to chapter 5 (Sec. 151 et seq.) of Title 21,

Food and Drugs. For complete classification of this Act to the

Code, see Short Title note set out under section 151 of Title 21

and Tables.

The Federal Alcohol Administration Act, referred to in subsec.

(a)(4), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 27, Intoxicating Liquors. For complete classification of this

Act to the Code, see section 201 of Title 27 and Tables.

The Federal Seed Act, referred to in subsec. (a)(5), is act Aug.

9, 1939, ch. 615, 53 Stat. 1275, as amended, which is classified

generally to chapter 37 (Sec. 1551 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see section 1551 of Title 7 and Tables.

-MISC2-

AMENDMENTS

1968 - Subsec. (b)(3). Pub. L. 90-628 struck out reference to the

Act of August 31, 1916, and the Act of May 21, 1928.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-628 effective 60 days after Oct. 22,

1968, see section 3 of Pub. L. 90-628, set out as a note under

section 251 of this title.

-CITE-

15 USC Sec. 1460 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1460. Savings provisions

-STATUTE-

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.).

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in text, is

act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is

classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,

Food and Drugs, For complete classification of this Act to the

Code, see section 301 of Title 21 and Tables.

The Federal Hazardous Substances Labeling Act, referred to in

text, is Pub. L. 86-613, July 12, 1960, 74 Stat. 372, as amended,

which is classified generally to chapter 30 (Sec. 1261 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1261 of this title and

Tables.

-CITE-

15 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM

-HEAD-

Sec. 1461. Effect upon State law

-STATUTE-

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.

-SOURCE-

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

-CITE-