901:6-3-06 Declaration of quantity: consumer packages.

 

 

 

901:6-3-06                   Declaration of quantity: consumer packages.

 

 

 

(A)  General.

 

The "International System of Units" (SI) (see paragraph (O) of rule 901:6-3-02 of the Administrative Code), known as the metric system, and the inch-pound system of weights and measures, are recognized as proper systems to be used in the declaration of quantity.

 

(B)  Largest whole unit.

 

Where this rule requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed (following the requirements of paragraphs (J) and (P) of this rule, "Fractions and prefixes" and "Fractions"):

 

(1)   SI units, in decimal fractions of such largest whole unit.

 

(2)   Inch-pound units:

 

(a)   In common or decimal fractions of such largest whole unit, or

 

(b)    In the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.

 

(C)  Net quantity.

 

A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity [except as noted in paragraph (C) of rule 901:6-3-10 of the Administrative Code, "aerosols and similar pressurized containers"], shall appear on the principal display panel of a consumer package and, unless otherwise specified in this chapter (see paragraphs (K) and (M) of this rule for prescribed units), shall be in terms of the largest whole unit.

 

(D)  Use of "net mass" or "net weight."

 

A quantity declaration may stand alone [for example, "200 g (7 oz)" or "1 lb (453 g)"] or may include the terms "net mass" or "net weight" either preceding or following the declaration. The term "net" by itself may be used on food labels. However, the quantity of contents shall always declare the net quantity of contents, even when such terms are not used.

 

 

 

 

(E)  Lines of print or type.

A declaration of quantity may appear on one or more lines of print or type.

(F)   Terms: weight, liquid measure, or count.

The declaration of the quantity of a particular commodity shall be expressed in terms of:

(1)   Liquid measure if the commodity is liquid, or

(2)   Weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or

(3)   Dry measure if the commodity is dry, or

(4)   Numerical count.

However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, provided such traditional declaration gives accurate and adequate information as to the quantity of the commodity. Any net content statement that does not permit price and quantity comparisons is forbidden.

(G)  Combination declaration.

(1)   A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.

(2)      A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count, and size of the individual units unless a declaration of measure alone is fully informative.

(3)   A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative.

(H)  SI units: mass, and measure.

A declaration of quantity:

(1)   In units of mass shall be in terms of the kilogram, gram, or milligram;

(2)    In units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at twenty degrees Celsius,:

(a)   Except in the case of petroleum products or distilled spirits, for which the declaration shall express the volume at 15.6 degrees Celsius, and

(b)     Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, andor

(c)    Except also in the case of malt beverages or a commodity that must be maintained in the refrigerated state, for which the declaration shall express the volume at four degrees Celsius;

(3)     In units of linear measure shall be in terms of the meter, centimeter, or millimeter;

(4)   In units of area measure, shall be in terms of the square meter, square decimeter, square centimeter, or square millimeter; and

(5)   In units of volume other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter shall be used only when specifically designated as a method of sale;.

(6)   Rule of one thousand.

The selected multiple or submultiple prefixes for SI units shall result in numerical values between one and one thousand. This requirement allows centimeters or millimeters to be used where a length declaration is less than one hundred centimeters (example: "500 g" not "0.5 kg;" "1.96 kg" not "1960

g;"; "750 mL", not "0.75 L;"; and "750 mm" or "75 cm," not "0.75 m").

(7)    SI declarations should be shown in three digits except where the quantity is below one hundred grams, milliliters, centimeters, square centimeters, or cubic centimeters, where it may be shown in two digits. In either case, any final zero appearing to the right of the decimal point need not be shown.

(8)   The declaration of net quantity of contents shall not be expressed in mixed units (example: "1.5 kg," not "1 kg 500 g").

(I)  Symbols.

Any of the following symbols for SI units, and none other, may be employed in the quantity statement on a package of commodity:

Unit	Symbol	Unit	Symbol
Centimeter	cm	Cubic meter	m3
Cubic centimeter	cm3	Kilogram	kg
Meter	m	Gram	g
Milligram	mg	Millimeter	mm
Liter	L or l	Square meter	m2
Milliliter	mL or ml	Cubic decimeter	dm3
Square centimeter	cm2	Square decimeter	dm2
Micrometer	µm

(1)    Symbols, except for liter, are not capitalized unless the unit is derived from a proper name. Periods shall not be used after the symbol. Symbols  shall always be written in the singular form. Adding "s" to an SI symbol to express the plural of the symbol is prohibited.

(2)   The "L" symbol and the "mL" symbol are preferred;. howeverHowever, the "L" symbol for liter and "mL" symbol for milliliter are permitted.

[Note: The "E" mark shall not be considered to be a qualifying word or phrase and may be used as part of the statement of net quantity of contents where warranted. When used, the "E" mark shall be at least three millimeters (approximately one-eighth inch) in height. The term "E" mark refers to the symbol "E" used in connection with the quantity declarations on labels of some consumer commodities marketed primarily in the European union. The "E" mark constitutes a representation by the packer or importer that the package to which it is applied has been filled in accordance with the average system of quantity specified by the European union. The average system is a method of declaring package fill in the European union and other countries of

the world, including the United States.]

(J)   Fractions and prefixes.

(1)    Fractions: An SI statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.

(2)   Prefixes: the following chart indicates SI prefixes that may be used on a broad range of consumer commodity labels to form multiples and submultiples of SI units:

Prefix		Symbol	Multiplying factor*
Kilo-		k	X 103
Deca-**		da	X 10
Deci-**		d	X 10-1
Centi-***		c	X 10-2
Milli-		m	X 10-3
Micro-****		µ	X 10-6
*	102 = 100; 103 = 1000; 10-1 = 0.01 thus,
	2 kg = 2 X 1000 g = 2000 g, and
	3 cm = c X 0.01 m = 0.03 m
**	Not permitted on food labels.
***	Should only be used with "meter."
****	Shall only be used for measurements less than 1 mm.

(K)  Prescribed units, SI.

(1)   Less than one meter, one square meter, one kilogram, one cubic meter, or one liter.

The declaration of quantity shall be expressed as follows:

(a)   Length measure of less than one meter: in centimeters or millimeters;

(b)    Area measure of less than one square meter: in square decimeters and decimal fractions of a square decimeter or in square centimeters and decimal fractions of a square centimeter;

(c)   Mass of less than one kilogram: in grams and decimal fractions of a gram, but if less than one gram, then in milligrams;

(d)  Liquid or dry measure of less than one liter: in milliliters;

(e)    Cubic measure less than one cubic meter: in cubic centimeters, or cubic decimeters (liters) [see paragraph (K) of rule 901:6-3-10 of the Administrative Code, "statements of cubic measure in compressed form"];

(f)   Provided, the quantity declaration appearing on a random mass package may be expressed in terms of decimal fraction of the largest appropriate unit, the fraction being carried out to not more than three  decimal places.

(2)   One meter, one square meter, one kilogram, one liter, one cubic meter, or more. In the case of:

(a)   Length measure of one meter or more: in meters and decimal fractions to not more than three places;

(b)   Area measure of one square meter or more: in square meters and decimal fractions to not more than three places;

(c)   Mass of one kilogram or more: in kilograms and decimal fractions to not more than three places;

(d)   Liquid or dry measure of one liter or more: in liters and decimal fractions to not more than three places;

(e)   Cubic measures of one cubic meter or more: in cubic meters and decimal fractions to not more than three places [see paragraph (K) of rule 901-6-3-10 of the Administrative Code, "statements of cubic measure in compressed form."].

(L)   Inch-pound units: weight, and measure. A declaration of quantity:

(1)   In units of weight shall be in terms of the avoirdupois pound or ounce;

(2)    In units of liquid measure shall be in terms of the United States gallon of two hundred thirty-one cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at sixty-eight degrees Fahrenheit;:

(a)    Except in the case of petroleum products and distilled spirits, for which the declaration shall express the volume at sixty degrees Fahrenheit, and

(b)     Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and

(c)    Except also in the case of a commodity that must be maintained in the refrigerated state, for which the declaration shall express the volume at forty degrees Fahrenheit, andor

(d)   Except also in the case of malt beverages, for which the declaration shall express the volume at 39.1 degrees Fahrenheit;

(3)   In units of linear measure shall be in terms of the yard, foot, or inch;

(4)    In units of area measure, shall be in terms of the square yard, square foot, or square inch;

(5)   In units of volume measure, shall be in terms of the cubic yard, cubic foot, or cubic inch [see paragraph (K) of rule 901:6-3-10 of the Administrative Code, "statements of cubic measure in compressed form"]; and

(6)   In units of dry measure, shall be in terms of the United States bushel of 2,150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel [see paragraph (K) of rule 901:6-3-10 of the Administrative Code, "statements of cubic measure in compressed form"].

(7)   Symbols and abbreviations.

Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement on a package of commodity:

Unit	Symbol	Unit	Symbol
Avoirdupois	avdp	Ounce	oz
Piece	pc	Count	ct
Pint	pt	Cubic	cu
Pound	lb	Each	ea
Feet or foot	ft	Quart	qt
Fluid	fl	Square	sq
Gallon	gal	Weight	wt
Inch	in	Yard	yd
Liquid	liq	Drained	dr
Diameter	dia

A period should not be used after the abbreviation. Abbreviations should be written in singular form, and "s" should not be added to express the plural. For example, "oz" is the symbol for both "ounce" and "ounces." Both upper and lower case letters are acceptable.

(8)   Units with two or more meanings.

When the term "ounce" is employed in a declaration of liquid quantity, the declaration shall identify the particular meaning of the term by the use of the term "fluid;" however, such distinction may be omitted when, by association of terms (for example, as in "1 pint 4 ounces"), the proper meaning is obvious. Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word "dry."

(M)   Prescribed units, inch-pound system.

(1)   Less than one foot, one square foot, one pound, or one pint. The declaration of quantity shall be expressed in terms of:

(a)   In the case of length measure of less than one foot, in inches and fractions of inches;

(b)   In the case of area measure of less than one square foot, in square inches and fractions of square inches;

(c)    In the case of weight of less than one pound, in ounces and fractions of ounces;

(d)   In the case of liquid measure of less than one pint, in fluid ounces and fractions of fluid ounces; and

(e)    Provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.

(2)   One foot, one square foot, one pound, one pint, one gallon or more.

The declaration of quantity shall be expressed [see paragraph (B)(2) of this rule, "largest whole unit, inch-pound units," and paragraph (P) of this rule, "Fractions"]:

(a)   Linear measure.

If one foot or more, expressed in terms of the largest whole unit (a yard or a foot) with any remainder expressed in inches, and fractions if the inch, or in fractions of the foot or yard, except that it shall be optional to include a statement of length in inches.

(b)   Area measure.

(i)   If one square foot or more, but less than four square feet, expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot;

(ii)    If four square feet or more, expressed in terms of the largest whole unit (square yards or square feet), with any remainder expressed in square inches and fractions of a square inch, or in fractions of the square foot or square yard.

(c)   Weight.

If one pound or more, expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of an ounce or in fractions of the pound.

(d)  Liquid volume.

(i)   If one pint or more, but less than one gallon, expressed in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder expressed in fluid ounces, or fractions of the pint or quart, except that two quarts may be declared as  one-half gallon and it shall be optional to include an additional expression of net quantity in fluid ounces; or

(ii)    If one gallon or more, expressed in terms of the largest whole unit (gallons followed by fractions of a gallon, or by the next smaller whole unit or units, for example, quarts and pints), with any remainder expressed in fluid ounces, or fractions of the pint or quart, except that it shall be optional to include an additional expression of net quantity in fluid ounces.

(e)   Dry measure.

If one dry pint or more, expressed in terms of the largest whole unit with the remainder expressed in fractions of a dry pint, dry quart, peck, or bushel.

(f)   Provided, the declaration of quantity on a random package be expressed in decimal fractions of the largest appropriate unit, carried out to no more than three decimal places.

(N)  Bidimensional commodities.

For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed in both SI and inch-pound units of measurement as follows:

(1)   If the area is less than nine hundred twenty-nine square centimeters (one square foot), in terms of length and width (expressed in the largest whole unit for SI and in linear inches and fractions of linear inches for inch-pound) [example: "20.3 cm X 25.4 cm (8 in X 10 in)"];

(2)   If the area is at least nine hundred twenty-nine square centimeters (one square foot) but less than 37.1 square decimeters (four square feet), in terms of area (expressed in the largest whole unit for SI and in square inches for inch-pound), followed by a declaration of the length and width, in terms of the largest whole unit [example: "31 dm2(49 cm X 64 cm) 3.36 sq ft (1.6 ft X

2.1 ft)"], provided:

(a)    For bidimensional commodities having a width of ten centimeters (four inches) or less, the declaration of net quantity shall be expressed in terms of width and length in linear measure;, no declaration of area is required,;

(b)   An inch-pound dimension of less than two feet may be stated in inches,;

(c)    Commodities consisting of usable individual units (for example,: paper napkins) require a declaration of unit area but not a declaration of total area of all such units (except roll-type commodities with individual usable units created by perforations),; for which see paragraph (O) of this rule, "count: ply," and

(d)    For inch-pound declarations, it shall be optional to include, after the statement of the linear dimensions in the largest whole unit, a parenthetical declaration of the same dimensions in inches [example: "25 sq ft (12 in x 8.33 yd) (12 in x 300 in)"].

(3)   If the area is 37.1 square decimeters (four square feet) or more, in terms of area (expressed in the largest whole unit for SI and in square feet for inch-pound), followed by a declaration of the length and width in terms of the largest whole unit, provided:

(a)   No declaration of area is required for a bidimensional commodity with a width of ten centimeters (four inches) or less,;

(b)     For bidimensional commodities with a width of ten centimeters (four inches) or less, the inch-pound statement of width shall be expressed in terms of linear inches and fractions thereof, and length shall be expressed in the largest whole unit (yard or foot) with any remainder in terms of fractions of the yard or foot, except that it shall be optional to express the length in the largest whole unit followed by a statement of length in inches or to express the length in inches followed by a statement of length in the largest whole unit [examples: "5 cm x 9.14 m (2 in x 10 yd)," or "5 cm x 9.14 m (2 in x 10 yd) (360 in)," or "5 cm x

9.14 m (2 in x 360 in) (10 yd)"],; and

(c)    An inch-pound dimension of less than two feet may be stated in inches, and.

(4)    No declaration of area is required for commodities for which the length and width measurements are critical in terms of end use (such as wallpaper border) if such commodities clearly present the length and width measurements on the label.

(O)  Count: ply.

(1)   If the commodity is in individually usable units of one or more components or plies, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this chapter, include the number of plies and the total number of usable units.

(2)     Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; However, such roll-type commodities shall be labeled in terms of:

(a)   Total area measurement,

(b)   Number of plies,

(c)   Count of usable units, and

(d)  Dimensions of a single usable unit.

(P)   Fractions.

(1)      Inch-pound: an inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds, except that:

(a)     If there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed, and

(b)    If linear measurements are required in terms of yards or feet, common

fractions may be in terms of thirds.

(2)     Common fractions: a common fraction shall be reduced to its lowest term (example: 2/4 becomes 1/2).

(3)   Decimal fractions: a decimal fraction shall not be carried out to more than three places.

(Q)  Supplementary quantity declarations.

The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents shall not include any terms qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (for example, "giant" quart, "larger" liter, "full" gallon, "when packed," "minimum," or words of similar import).

(R)  Rounding.

(1)    In all conversions for the purpose of showing an equivalent SI or inch-pound quantity to a rounded inch-pound or SI quantity, or in calculated values to be declared in the net quantity statement, the number of significant digits retained must be such that accuracy is neither sacrificed nor exaggerated. Conversions, the proper use of significant digits, and rounding must be based on the packer's knowledge of the accuracy of the original measurement that is being converted.

(2)     In no case shall rounded net contents declarations overstate a quantity; the packer may round converted values down to avoid overstating the net contents.

[Note: When as a result of rounding SI or customary inch-pound declarations based on conversion factors, the resulting declarations are not exact, the largest number will be used for enforcement purposes to determine whether a package contains at least the declared amount of the product.]

(S)   Qualification of declaration prohibited.

In no case shall any declaration of quantity be qualified by the addition of the words "when packed," "minimum," or "not less than," or any words of similar import, nor shall any unit of weight, measure or count be qualified by any term (such as "jumbo,", "giant,", "full,", or the like) that tends to exaggerate the amount

of commodity.

(T)   Character of declaration: average.

The average quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared quantity, 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 shortage.

Effective:   Five Year Review (FYR) Dates:	07/15/2016   04/26/2016 and 07/05/2021
CERTIFIED ELECTRONICALLY
Certification
07/05/2016
Date
Promulgated Under:	119.03
Statutory Authority:	1327.50
Rule Amplifies:	1327.50
Prior Effective Dates:	9/1/1972, 5/11/2001