MARVIN MANDEL, Governor                                       1821

COMMODITY SOLD IS DETERMINED ACCORDING TO GOOD
COMMERCIAL PRACTICE AND IS DETERMINED AND REPRESENTED
TO BE ACCURATE AND INFORMATIVE TO ALL INTERESTED
PARTIES.

REVISOR'S NOTE: This section presently appears as
Art. 97, §18 of the Code. In subsection (a)
new language is added to indicate that
non—liquid commodities are sold by dry
measure. The only changes made are in style.

SEC. 11-306. DECLARATIONS ON PACKAGES; PACKAGES ON
WHICH DECLARATION OF UNIT PRICE REQUIRED.

(A)   DECLARATION ON PACKAGES.

UNLESS OTHERWISE PROVIDED, ANY COMMODITY IN A
PACKAGE FORM SHALL BEAR ON THE OUTSIDE OF THE PACKAGE
A DEFINITE, PLAIN, AND CONSPICUOUS DECLARATION OF:

(1)   THE IDENTITY OF THE COMMODITY IN THE
PACKAGE UNLESS THE COMMODITY CAN BE IDENTIFIED EASILY
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 POSSESSED,
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 THE SECRETARY ADOPTS BY RULE OR
REGULATION.

(B)   ADDITIONAL REQUIREMENTS.

(1)   WITH REGARD TO THE DECLARATION REQUIRED
UNDER SUBSECTION (A) (2), THE QUALIFYING TERM "WHEN
PACKED", ANY WORDS OF SIMILAR MEANING, OR ANY TERM
QUALIFYING A UNIT OF WEIGHT, MEASURE, OR COUNT, SUCH
AS, "JUMBO", "GIANT", AND "FULL", THAT TENDS TO
EXAGGERATE THE AMOUNT OF COMMODITY IN A PACKAGE MAY
NOT BE USED.

(2)   IN ADDITION THE SECRETARY, BY RULE OR
REGULATION, MAY ADOPT:

(I) REASONABLE VARIATIONS INCLUDING
VARIATIONS BELOW THE DECLARED WEIGHT OR MEASURE CAUSED
BY ORDINARY AND CUSTOMARY EXPOSURE TO CONDITIONS THAT
NORMALLY OCCUR IN GOOD DISTRIBUTION PRACTICE AND THAT