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BULLET St. Louis City Revised Code Chapter 9.18 Packages, Tolerances

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Chapter 9.18
Packages, Tolerances

Sections:

9.18.010 Declarations required.
9.18.020 Name of manufacturer, packer, or distributor.
9.18.030 Business address.
9.18.040 Principal place of business.
9.18.050 Quantity statement--Commodity only.
9.18.060 Quantity statement--Expression.
9.18.070 Quantity statement--Terms--Qualifications.
9.18.080 Quantity statement--Terms--Defined.
9.18.090 Quantity statement--Supplement--Metric.
9.18.100 Quantity statement--Supplement--Numerical count.
9.18.110 Quantity statement--Supplement--Weight or measure.
9.18.120 Quantity statement--Fractions--General use.
9.18.130 Quantity statement--Fractions--Expression.
9.18.140 Quantity statement--Fractions--Custom.
9.18.150 Quantity statement--Minimum or actual quantity.
9.18.160 Quantity statement--Variations--Declared minimum quantity.
9.18.170 Quantity statement--Variations--Declared actual quantity.
9.18.180 Quantity statement--Variations--Tolerances.
9.18.190 Quantity statement--Exemptions.
9.18.200 Name and address exemptions.
9.18.210 Prominence of declarations and statements.
9.18.220 Language.

V.A.M.S.:

413.265 Packaged commodities marked how, tolerances fixed by regulation

McQuillin:

24.400 Specified measures and containers

9.18.010 Declarations required.

Except as otherwise provided in this title, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

A. The net quantity of the contents in terms of weight, measure, or count; and

B. In the case of any package not sold on the premises where packed, the name and place of business of the manufacturer, packer, or distributor. The qualifying term "when packed," or words of similar import, shall not be used in connection with the declaration required under clause A.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (part): 1960 C. 344.010.)

9.18.020 Name of manufacturer, packer, or distributor.

If a commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection the person has with the commodity, such as "manufactured for and packed by ________," "distributed by ________," or other similar phrase that expresses the facts.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (A): 1960 C. 344.020.)

For exemption, see 9.18.200

9.18.030 Business address.

The statement of the place of business shall include the street address, if any, of the place, unless the street address is shown in a current city directory or telephone directory.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (B): 1960 C. 344.030.)

For exemption, see 9.18.200

9.18.040 Principal place of business.

Where a person manufactures, packs, or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package or commodity was manufactured or packed or is to be distributed, if the statement is not misleading in any particular.
(Ord. 50077 1 (part), 1960:1948 C. Ch. 72 20 (C): 1960 C. 344.040.)

9.18.050 Quantity statement--Commodity only.

The statement of the quantity of the contents shall reveal the quantity of commodity in the package, exclusive of wrappers and other material packed with the commodity, and the qualifying term "when packed," and words of similar import, shall not be used in connection with the statement of quantity.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (D, a): 1960 C. 344.050 (a).)

9.18.060 Quantity statement--Expression.

The statement shall be expressed in the terms of weight, measure, numerical count, or a combination of numerical count and weight, or measure, that are generally used by consumers and users to express quantity of the commodity and that give accurate information as to the quantity thereof. But if no general consumer usage in expressing accurate information as to the quantity of the commodity exists, the statement shall be in terms of liquid measure if the commodity is liquid, or in terms of weight if the commodity is solid, semi-solid, viscous, or a mixture of solid and liquid. The statement may be in terms of dry measure if the commodity is a fresh fruit, fresh vegetable, or other dry commodity. The quantity of textile materials shall be stated in terms of linear measure, except that, in the case of a commodity in respect to which there exists a definite trade custom otherwise, the statement may be in terms of weight and in accordance with such custom.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (D, b): 1960 C. 344.050 (b).)

9.18.070 Quantity statement--Terms--Qualification.

When any term common to two or more systems of weight or measure is employed in the quantity statement, the statement shall include the proper qualification of the term, as, for examples, "avoirdupois ounces" and "fluid ounces"; "liquid pints" and "dry pints"; "liquid quarts" and "dry quarts."
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (D, c): 1960 C. 344.050 (c).)

9.18.080 Quantity statement--Terms--Defined.

A statement of weight shall be in terms of the avoirdupois pound and ounce. A statement of linear measure shall be in terms of the standard yard and foot and inch subdivisions thereof. A statement of liquid measure shall be in terms of the United States gallon of two hundred thirty-one cubic inches and quart, pint, and fluid ounce subdivisions thereof, and, except in case of a frozen commodity which is so consumed, shall express the volume at sixty-eight degrees Fahrenheit (twenty degrees Centigrade). A statement of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches and peck, dry quart, and dry pint subdivisions thereof; or in terms of the United States standard barrel for fruits and vegetables (except cranberries) and its subdivisions of third, half, and three-quarters barrel; or in terms of the United States standard barrel for cranberries, and subdivisions thereof. However, in the case of an export shipment, the statement may be in terms of a system of weight or measure in common use in the country to which such shipment is exported. In the case of drugs, the statement may, as an alterative, be in terms of the kilogram, gram, milligram, liter, and milliliter or cubic centimeter.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (E part): 1960 C. 344.060 (part).)

9.18.090 Quantity statement--Supplement--Metric.

A statement of weight or measure in the terms specified in Section 9.18.080 may be supplemented by a statement in terms of the metric system of weight or measure.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (E, b): 1960 C. 344.060 (b).)

9.18.100 Quantity statement--Supplement--Numerical count.

Unless an unqualified statement of numerical count gives accurate information as to the quantity of commodity in the package, it shall be supplemented by a statement of weight, measure, or size of the individual units of the commodity as will give such information.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (E, c): 1960 C. 344.060 (c).)

9.18.110 Quantity statement--Supplement--Weight or measure.

Unless an unqualified statement of weight or measure gives accurate information as to the quantity of the contents in the package, it shall be supplemented by a statement of count or size of the individual units of the commodity as will give such information.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (E, d): 1960 C. 344.060 (d).)

9.18.120 Quantity statement--Fractions--General use.

Statements shall contain only fractions as are generally used in expressing the quantity of the commodity. A common fraction shall be reduced to its lowest terms. A decimal fraction shall not be carried out to more than two places, except in the case of drugs.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (F): 1960 C. 344.070.)

9.18.130 Quantity statement--Fractions--Expression.

If the quantity of commodity in the package equals or exceeds the smallest unit of weight or measure that is specified in Sections 9.18.080--9.18.110, and that is applicable to such commodity under the provisions of Section 9.18.060, the statement shall express the number of the largest of such units contained in the package (for example, the statement on the label of a package that contains one quart liquid of commodity shall be "one quart liquid," and not "two pints liquid" or "thirty-two fluid ounces") unless the statement is made in accordance with the provisions of Section 9.18.140. Where such number is a whole number and a fraction, there may be substituted for the fraction its equivalent in smaller units, if any smaller unit is specified in Sections 9.18.080--9.18.110 (for examples, one and three-quarters quarts liquid may be expressed as "one quart one and one-half pints liquid" or "one quart one pint eight fluid ounces"; one and one-quarter pounds may be expressed as "one pound four ounces"). The stated number of any unit that is smaller than the largest unit (specified in Sections 9.18.080--9.18.110) contained in the package shall not equal or exceed the number of such smaller units in the next larger unit so specified (for examples, instead of "one quart sixteen fluid ounces" the statement shall be "one and one-half quarts liquid" or "one quart one pint liquid"; instead of "twenty-four ounces avoirdupois" the statement shall be "one and one-half pounds" or "one pound eight ounces").
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (G, a): 1960 C. 344.080 (a).)

9.18.140 Quantity statement--Fractions--Custom.

In the case of a commodity with respect to which there exists an established custom of stating the quantity of the contents as a fraction of a unit, which unit is larger than the quantity contained in the package, or as units smaller than the largest unit contained therein, the statement may be made in accordance with such custom if it is informative to consumers.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (G, b): 1960 C. 344.080 (b).)

9.18.150 Quantity statement--Minimum or actual quantity.

The statement shall express the minimum quantity, or the actual quantity, of the contents of the package. If the statement is not so qualified as to show definitely that the quantity expressed is the minimum quantity, the statement shall be construed as expressing the actual quantity of the contents of the package.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (H): 1960 C. 344.090.)

9.18.160 Quantity statement--Variations--Declared minimum quantity.

Where the statement expresses the minimum quantity, no variation below the stated minimum shall be permitted except variations below the stated weight or measure caused by ordinary and customary exposure, after the commodity is sold and delivered by the manufacturer, packer, or distributor, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. Variations above the stated minimum shall not be unreasonably large.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (I): 1960 C. 344.100.)

9.18.170 Quantity statement--Variations--Declared actual quantity.

Where the statement does not express the minimum quantity:

A. Variations from the stated weight or measure shall be permitted when caused by ordinary and customary exposure, after the commodity is sold and delivered by the manufacturer, packer, or distributor, to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure.

B. Variations from the stated weight, measure, or numerical count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packing practice; but such variations shall not be permitted to the extent that the average of the quantities in the packages of a particular commodity comprising either a shipment or other delivery of the commodity or a lot of the commodity that is kept, offered, or exposed for sale, or sold, is below the quantity stated, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortages.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (J): 1960 C. 344.110.)

9.18.180 Quantity statement--Variations--Tolerances.

The extent of variations from the stated quantity of the contents permissible under Sections 9.18.160 and 9.18.170 in the case of each shipment, delivery, or lot shall be determined by the facts in such case.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (K): 1960 C. 344.120.)

9.18.190 Quantity statement--Exemptions.

A package shall be exempt from the requirement that it be marked with a statement of the quantity of its contents if:

A. The quantity of the contents, as expressed in terms applicable to such commodity, except in the case of a drug or cosmetic, under the provisions of Section 9.18.060 is less than one-half ounce avoirdupois, or less than one-half fluid ounce, or (in case the unit of the commodity can be easily counted without opening the package) less than six units. A drug shall be exempt from compliance with these requirements if the quantity of the contents of the package, as expressed in terms of numerical count in compliance with Section 9.18.060, is less than six units, and such units can be easily counted without opening the package. A cosmetic shall be exempt from compliance with these requirements if the quantity of the contents of the package, as expressed in terms applicable to such cosmetic under the provisions of Section 9.18.060, is less than one-fourth ounce avoirdupois, or less than one-eighth fluid ounce, or (in case the units of the cosmetic can be easily counted without opening the package) less than six units; or

B. The statement of the quantity of the contents of the package, together with all other information required by law to appear on the label, cannot, because of insufficient label space, be so placed on the label as to comply with such requirements.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (L): 1960 C. 344.122.)

9.18.200 Name and address exemptions.

A package shall be exempt from the requirement that it be marked with a statement of the name and place of business of the manufacturer, packer, or distributor if the package is sold on the premises where packed, direct to the consumer or user, not to be resold.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (M): 1960 C. 344.125.)

9.18.210 Prominence of declarations and statements.

Information required to appear on the label of a package may be considered to lack the requisite definiteness, plainness, and conspicuousness by reason, among other reasons, of:

A. The failure of information to appear on the part or panel of the label that is presented or displayed under customary conditions of purchase;

B. The failure of information to appear on two or more parts or panels of the label, each of which has sufficient space therefor, and each of which is so designed as to render it likely to be, under customary conditions of purchase, the part or panel displayed;

C. The failure of the label to extend over the area of the container or package available for extension, so as to provide sufficient label space for the prominent placing of information;

D. Insufficiency of label space (for the prominent placing of information) resulting from the use of label space for any word, statement, design, or device that is not required by or under authority of ordinance to appear on the label;

E. Insufficiency of label space (for the prominent placing of information) resulting from the use of label space to give materially greater conspicuousness to any other word, statement, or information, or to any design or device;

F. Smallness or style of type in which information appears, insufficient background contrast, obscuring designs or vignettes, or crowding with other written, printed, or graphic matter; or

G. The use of label space for any representation in a foreign language.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (N): 1960 C. 344.130.)

9.18.220 Language.

All information required by or under authority of ordinance to appear on the label or labeling shall appear thereon in the English language.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 20 (N): 1960 C. 344.140.)

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