Ala. Admin. Code r. 80-13-1-.09
Current through Register Vol. 43, No. 1, October 31, 2024
Section 80-13-1-.09 - Weight And Measure Requirements(1) Weight and measurement shall be as follows: (a) Units of weight shall be in terms of the avoirdupois pound or ounce.(b) Units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at 68 degrees F except in the case of petroleum products, for which the declaration shall express the volume at 60 degrees F, and 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 except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40 degrees F.(c) Units of linear measure shall be in terms of the yard, foot, or inch.(d) Units of area measure shall be in terms of the square yard, square foot, or square inch.(e) Units of volume measure shall be in terms of the cubic yard, cubic foot or cubic inch.(f) Units of dry measure shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel.(g) Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement on a package of commodity: avoirdupois avdp ounce oz
cubic cu pint pt
feet ft pound lb
fluid fl quart qt
gallon gal square sq
inch in weight wt
liquid liq yard yd
(h) 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".(2) Weight and measure may also be expressed by metric system so long as the weight and measurements set out in Rule No. 80-13-1-.08(1) above are displayed in equal prominence. Expression in the metric system shall be as follows:(a) Units of weight shall be in terms of the kilogram, gram, or milligram.(b) Units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at 20 degrees C, except in the case of petroleum products, for which the declaration shall express the volume at 15 degrees C, and 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 except also in the case of a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at 4 degrees C.(c) Units of linear measure shall be in terms of the meter, centimeter, or millimeter.(d) Units of area measure shall be in terms of the square meter or square centimeter.(e) 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" will be used only when specifically designated as a method of sale.(f) Any of the following symbols for metric units, and none other, may be employed in the quantity statement on a package of commodity: kilogram kg centimeter cm
gram g millimeter mm
milligram mg square meter m2
liter L or l square centimeter cm2
milliliter mL or ml cubic meter m3
meter m cubic centimeter cm3
(3) Weight or measure of less than 1 foot, 1 square foot, 1 pound, or 1 pint shall be expressed in the following terms: (a) In the case of length measure of less than 1 foot, inches and fractions of inches.(b) In the case of area measure of less than 1 square foot, square inches and fractions of square inches.(c) In the case of weight of less than 1 pound, ounces and fractions of ounces.(d) In the case of liquid measure of less than 1 pint, fluid ounces and fractions of fluid ounces.(e) 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 two decimal places.(4) On packages containing 1 pound or more but less than 4 pounds, the declaration shall be expressed in ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit, provided, that the quantity declaration appearing 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.(5) On packages containing 1 pint or more, but less than 1 gallon, the declaration shall be expressed in fluid ounces and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.(6) On packages containing 1 foot or more, but less than 4 feet, the declaration shall be expressed in inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.(7) On packages containing 1 square foot or more but less than 4 square feet, the declaration shall be expressed in square inches and, in addition, shall be followed by a declaration in parentheses, expressed in terms of the largest whole unit.(8) In case of a length measure of more than 4 feet, the declaration of quantity shall be expressed in terms of feet, followed in parentheses by a declaration of yards and common or decimal fractions of the yard, or in terms of feet followed in parentheses by a declaration of yards with any remainder in terms of feet and inches. In the case of area measure of more than 4 square feet or more than 4 pounds or liquid measure of 1 gallon or more, the declaration of quantity shall be expressed in terms of the largest whole unit.(9) For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed as follows: (a) If less than 1 square foot, in terms of linear inches and fractions of linear inches.(b) If at least 1 square foot but less than 4 square feet, in terms of square inches followed in parentheses by a declaration of both the length and width, each being in terms of the largest whole unit, provided that:1. no square inch declaration is required for a bidimensional commodity of 4 inches width or less2. a dimension of less than 2 feet may be stated in inches within the parenthetical declaration, and3. commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, require a declaration of unit area but not a declaration of total area of all such units.)(c) If 4 square feet or more, in terms of square feet followed in parentheses by a declaration of the length and width in terms of the largest whole unit, provided that 1. no declaration in square feet is required for a bidimensional commodity with a width of 4 inches or less,2. bidimensional commodities, with a width of 4 inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit [Example: 2 inches by 360 inches (10 yards)],3. a dimension of less than 2 feet may be stated in inches within the parenthetical declaration.(d) No declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.(10) Weight and measure of less than I meter, 1 square meter, 1 kilogram or 1 liter shall be expressed in terms of the following:(a) In the case of length measure of less than 1 meter, centimeters or millimeters.(b) In the case of area measure of less than 1 square meter, square centimeters and decimal fractions of square centimeters.(c) In the case of weight of less than 1 kilogram, grams and decimal fractions of a gram, but if less than 1 gram, then in milligrams.(d) In the case of liquid or dry measure of less than one liter, milliliters.(e) The quantity declaration appearing on a random weight 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.(11) Weight and measure of more than 1 meter, 1 square meter, 1 liter shall be expressed as follows:(a) Length measure of 1 meter or more; in meters and decimal fractions to not more than two places.(b) Area measure of 1 square meter or more; in square meters and decimal fractions to not more than two places.(c) Weight of 1 kilogram or more; in kilograms and decimal fractions to not more than two places.(d) Liquid or dry measure of 1 liter or more; in liters and decimal fractions to not more than two places.(12) Bidimensional commodities (including roll-type commodities) shall be expressed as follows:(a) If less than 1 square meter in terms of length and width.(b) If one square meter or more, in terms of square measure followed in parentheses by a declaration of length and width, provided that 1. quantity declarations on bidimensional commodities with a width of 100 milliliters or less may be expressed in terms of width and length only.2. commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations) require a declaration of unit area but not a declaration of total area of all such units.3. no declaration in square units is required for commodities for which the length and width measurements are critical in terms of end use (such as tablecloths or bedsheets) if such commodities clearly present the length and width measurements on the label.4. If the commodity is in individually usable units of one or more components or ply, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this regulation, include the number of ply and total number of usable units. Roll-type commodities, when perforated so as to identify individual usable units; however, such roll-type commodities shall be labeled in terms of total area measurement, number of ply, count of usable units, and dimensions of a single usable unit.(13) Fractions shall be expressed as follows: (a) Metric: A metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.(b) 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 that1. 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, and2. if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.(c) Common fractions: A common fraction shall be reduced to its lowest term (Example: 2/4 becomes 1/2.(d) Decimal fractions: A decimal fraction shall not be carried out to more than two places.(14) 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 term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (e.g. "giant" quart, "larger" liter, "full" gallon, "when packed", "minimum", or words of similar import).(15) An equivalent statement of the net quantity of contents in terms of either the inch-pound or metric system is not regarded as a supplemental statement and such statement may also appear on the principal display panel, provided that it conforms to Rule no. 80-13-1-.09(1) &(2).(16) In all conversions for the purpose of showing an equivalent metric or inch-pound quantity to a rounded customary or metric quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated. As a general rule, converted values should be rounded down by dropping any digit beyond the first three. (Example: 196.4 grams becomes 196 grams or 1.759 feet becomes 1.75 feet.)(17) 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. Author: Charles H. Barnes
Ala. Admin. Code r. 80-13-1-.09
Statutory Authority:Code of Ala. 1975, § 8-16-15.