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THE
FAIR PACKAGING AND LABELING ACT
PUBLIC LAW 89-755
89TH CONGRESS, S. 985 NOVEMBER 3, 1966
AN
ACT
To
regulate interstate and foreign commerce by preventing the
use of unfair or deceptive methods of packaging or labeling
of certain consumer commodities distributed in such commerce,
and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That this Act may
be cited as the "Fair Packaging and Labeling Act."
DECLARATION
OF POLICY
Sec. 2. 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.
PROHIBITION OF
UNFAIR AND DECEPTIVE PACKAGING AND LABELING
Sec. 3. (a) It shall be unlawful for any person
engaged in the packaging or labeling of any consumer commodity
(as defined in this Act) for distribution in commerce, or
for any person (other than a common carrier for hire, a contract
carrier for hire, or a freight forwarderfor 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 Act and of
regulations promulgated under the authority of this Act.
(b) The prohibition contained in subsection
(a) 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.
REQUIREMENTS AND
PROHIBITIONS
Sec. 4. (a) No person subject to the prohibition
contained in section 3 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 6 of this Act 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, measure, or numerical count) shall be separately
and accurately stated in a uniform location upon the principal
display panel of that label;
(3) The separate label statement of net quantity
of contents appearing upon or affixed to any package
(A) (i) if
on a package 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 subparagraphs, be expressed both in
ounces (with identification as to avoirdupois or fluid ounces)
and, if applicable, in pounds for weight units, 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
two decimal places;
(iii) if on
a package labeled in terms of linear measure, shall be expressed
both in terms of inches and the largest whole unit (yards,
yards and feet, or feet, as appropriate) with any remainder
in terms of inches or common decimal fractions of the foot
or yard;
(iv) if on
a package labeled in terms of measure of area, shall be expressed
both in terms of square inches and the largest whole square
unit (square yards, souare 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 typography, 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,
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,
that is, packages with no fixed weight pattern.
(b) No person subject to the prohibition
contained in section 3 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),
but nothing in this subsection or in paragraph (2) of subsection
(a) 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, measure, or count that tends to exaggerate
the amount of the commodity contained in the package.
ADDITIONAL REGULATIONS
SEC. 5. (a) The authority to promulgate regulations
under this Act 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
201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321); and (B) the Federal Trade Commission (referred to hereinafter
as the "Commission") with respect to any other consumer
commodity.
(b) 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 4 of this
Act 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 2 of this Act.
(c) Whenever the promulgating authority determines
that regulations containing prohibitions or requirements other
than those prescribed by section 4 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, 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 201
(f) of the Fed- i eral Food, Drug, and Cosmetic Act) 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 e deemed to require that any
trade secret be divulged; or
(4) prevent
the nonfunctional-slackfill of packages containing consumer
commodities.
For the purpose 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) Whenever the Secretary of Commerce determines
that there is undue proliferation of the weights, 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
2 of the Act of March 3, 1901 (31 Stat. 1449, as amended;
15 U.S.C. 272). Such procedures shall provide adequate manufacturer,
packer, distributor, and consumer representation.
(e) 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.
PROCEDURE FOR PROMULGATION
OF REGULATIONS
Sec. 6. (a) Regulations promulgated by the
Secretary under section 4 or section 5 of this Act shall be
promulgated, and shall be subject to judicial review, pursuant
to the provisions of subsections (e), (f), and (g) of section
701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
371 (e), (f), and (g)). 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
employee of the Department of Health, Education, and Welfare
as he may designate for that purpose.
(b) Regulations promulgated by the Commission
under section 4 or section 5 of this Act 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 701 of the Federal Food,. Drug, and Cosmetic
Act (21 U.S.C. 371 (e), (f), and (g) ) 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) In carrying into effect the provisions
of this Act, 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) No regulation adopted under this Act
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 Act preclude the orderly disposal of packages in
inventory or with the trade as of the effective date of such
regulation.
ENFORCEMENT
Sec. 7. (a) 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 Act, or the regulations issued pursuant to this Act,
shall be deemed to be misbranded within the meaning of chapter
III of the Federal Food, Drug, and Cosmetic Act, but the provisions
of section 303 of that Act (21 U.S.C. 333) shall have no application
to any violation of section 3 of this Act.
(b) Any violation of any of the provisions
of this Act, or the regulations issued pursuant to this Act,
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 5 (a)
of the Federal Trade Commission Act and shall be subject to
enforcement under section 5 (b) of the Federal Trade Commission
Act.
(c) In the case of any imports into the United
States of any consumer commodity covered by this Act, the
provisions of sections 4 and 6 of this Act 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).
REPORTS TO THE
CONGRESS
Sec. 8. Each officer or agency required or
authorized by this Act to promulgate regulations for the packaging
or labeling of any consumer commodity, or to participate in
the development of voluntary product standards with respect
to any consumer commodity under procedures referred to in
section 6 (d) of this Act, shall transmit to the Congress
in January of each year a report containing a full and complete
description of the activities of that officer or agency for
the administration and enforcement of this Act during the
preceding fiscal year.
COOPERATION WITH
STATE AUTHORITIES
Sec. 9. (a) A copy of each regulation promulgated
under this Act 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.
DEFINITIONS
Sec. 10. For the purposes of this Act-
(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),
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 of 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, or the provisions of the eighth paragraph under the heading
"Bureau of Animal Industry" of the Act of March
4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-157), 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 subiect to the provisions
of the Federal Seed Act (7 U.S.C.1651-1610).
(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), the Act of March 4, 1915 (38 Stat. 1186,
as amended: 15 U.S.C. 234-236), the Act of August 31, 1916
(39 Stat. 673, as amended; 15 U.S.C. 251-256), or the Act
of May 21, 1928 (45 Stat. 685, as amended; 15 U.S.C. 257-257i).
(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)
conmerce 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.
SAVING PROVISION
Sec. 11. Nothing contained in this Act shall
be construed to repeal, invalidate, or supersede
(a) the Federal Trade Commission Act or any
statute defined therein as an antitrust Act;
(b) the Federal Food, Drug, andCosmetic Act;
or
(c) the Federal Hazardous Substances Labeling
Act.
EFFECT UPON STATE
LAW
Sec. 12. 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 Act which are less stringent than or require
information different from the requirements of section 4 of
this Act or regulations promulgated pursuant thereto.
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