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Session Laws, 1972
Volume 708, Page 777   View pdf image
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Marvin Mandel, Governor                         777

determined in accordance with good commercial practice and are
so determined and represented as to be accurate and informative to
all parties at interest.

19.    Same—Declarations on packages [.]; declaration of unit price
on random packages.

Except as otherwise provided in this subtitle, any commodity in
package form shall bear on the outside of the package a definite,
plain, and conspicuous declaration of [(1) the net quantity of the
contents in terms of weight, measure, or count, and (2) 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.
Provided, that under clause (1) the Superintendent shall, by regu-
lation, establish reasonable variations or tolerances to be allowed,
and also exemptions as to small packages.] (1) the identity of the
commodity in the package unless the same can easily be identified
through the wrapper or container, (2) the net quantity of the
contents in terms of weight, measure, or count, and (3) in the
case of any package kept, offered, or exposed for sale, or sold in
any place other than on the premises where packed, the name and
place of business of the manufacturer, packer, or distributor, as
may be prescribed in regulation issued by the Superintendent. Pro-
vided, that, in connection with the declaration required under clause
(2), neither the qualifying term ''when packed" or any words of
similar import, nor any term qualifying a unit of weight, measure,
or count (for example, "jumbo," "giant," "full," and the like) that
tends to exaggerate the amount of commodity in a package shall
be used. And provided, further, that under clause (2) the Superin-
tendent may, by regulation, establish (a) reasonable variations to
be allowed, which may include variations below the declared weight
or measure caused by ordinary and customary exposure, only after
the commodity is introduced into intrastate commerce, to conditions
that normally occur in good distribution practice and that unavoid-
ably result in decreased weight or measure, (b) exemptions as to
small packages, and (c) exemptions as to commodities put up in
variable weights or sizes for sale intact and either customarily not
sold as individual units or customarily weighed or measured at
time of sale to the consumer. In addition to the declarations re-
quired by this section, any commodity in package form, the package
being one of a lot containing random weights, measures, or counts
of the same commodity and bearing the total selling price of the
package, shall bear on the outside of the package a plain and con-
spicuous declaration of the price per single unit of weight, measure
or count.
ANY REGULATION ADOPTED HEREUNDER SHALL
NOT CONFLICT WITH THE PROVISIONS OF ARTICLE 83,
SECTION 21E, AND THE RULES OR REGULATIONS ADOPTED
THEREUNDER.

20.    Same—Misleading packages [.]; advertising packages for sale.

No commodity in package form shall be so wrapped, nor shall it
be in a container so made, formed, or filled, as to mislead the pur-
chaser as to the quantity of the contents of the package, and the
contents of a container shall not fall below such reasonable stand-
ard of fill as may have been prescribed for the commodity in ques-
tion by the Superintendent. Whenever a commodity in package form

 

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Session Laws, 1972
Volume 708, Page 777   View pdf image
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