Ala. Admin. Code r. 80-13-1-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-13-1-.11 - Requirements For Specific Commodities, Packages Or Containers

(1) For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.

(2) When cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.

(3) The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant), in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.

(4) Any package containing more than one individual "commodity in package form" of the same commodity shall bear on the outside of the package a declaration of

(a) The number of individual units.

(b) The quantity of each individual unit, and

(c) The total quantity of the contents of the multi-unit package, provided that the requirement for a declaration of the total quantity of contents of a multi-unit package shall be effective with respect to those labels revised after the effective date of this regulation. Any such declaration of total quantity shall not be required to include the parenthetical quantity statement of a dual quantity representation.

(5) Any package containing individual units of dis- similar commodities (such as an antiquing kit, for example) shall bear on the label of the package a quantity declaration for each unit.

(6) Any package containing individual units or reasonably similar commodities (such as, for example, seasonal gift packages, variety packages of cereal) shall bear on the label of the package a declaration of the total quantity of commodity in the package.

(7) In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that 40 per cent of the circumference which is most likely to be displayed, presented, shown or examined under customary conditions of display for retail sale.

(8) Commodities designed and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:

(a) For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated foil or otherwise).

1. When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be expressed in inches except that a dimension of 2 feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot. (Example: "25 bags, 17 in. x 20 in." or "100 bags, 20 in. x 2 ft. 6 in." or "50 bags, 20 in. x 2 1/2 ft.")

2. When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length, in terms of inches, except that any dimensions of 2 feet or more will be expressed in feet with any remainder in terms of inches or the common or decimal fractions of the foot. (Example: "25 bags, 17 in. x 4 in. x 20 in." or "100 bags, 20 in. x 12 in. x 2 1/2 ft.")

(b) For other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than 2 inches. (Example: "2 cake pans, 8 in. x 8 in." or "roasting pan, 12 in. x 8 in. x 2 in.")

(c) For circular or other generally round-shaped containers, except cups, and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than 2 inches. (Example: "4 pie pans, 8 in. diameter x 4 in.")

(9) When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances, such references shall be a part of the net quantity statement and shall specify capacity as follows:

(a) Liquid measure for containers which are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, ounce), with any remainder in terms of the common or decimal fractions of that unit. (Example: Freezer boxes - "4 boxes, 1 qt. capacity, 5 in. x 4 in. x 3 in.")

(b) Dry measure for containers which are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with any remainder in terms of the common or decimal fraction of that unit. (Example: Leaf bags - "8 bags, 6 bushel capacity, 3 ft. x 5 ft.")

(c) Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent container. (Example: Garbage can liners - "10 liners, 2 ft. 6 in. x 3 ft. 9 in., fits up to 30-gallon cans.")

1. Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit. (Example: "24 cups, 6 fl. oz. capacity.") For purposes of this section, the use of the terms "capacity", "diameter", and "fluid" is optional.

(10) Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count, as required by Rule no. 80-13-1-.08(2) of this chapter.

(11) Bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, nonrectangular diapers, slip covers, etc., shall be exempt from the requirements of Rule no. 80-13-1-.09(9) provided that

(a) The quantity statement for fitted sheets and mattress covers shall state, in inches, the length and width of the mattress for which the item is designed, such as "twin", "double", "king ", etc. (Example: "Twin fitted sheet for 39 x 75 in. mattress.)"

(b) The quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin", "double", "king" etc. The quantity statement also shall state, in inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in inches, or the length and width of the sheet before hemming. (Example: "Double flat sheet for 54 x 75 in. mattress (81 x 104 in. before hemming.)"

(c) The quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as "youth", "standard", and "queen", etc. The quantity statement also shall state, in inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in inches, of the length and width of the pillowcase before hemming. Example: "Standard pillowcase for 20 x 26 in. pillow (42 x 36 in. before hemming.")

(d) The quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as "twin", "double", "king", etc.

(e) The quantity statement for tablecloths and napkins shall state, in inches, the length and width of the finished item. The quantity statement also may state parenthetically, in inches, the length and width of the item before hemming and properly identified as such.

(f) The quantity statement for curtains, drapes, flags, furniture scarfs, etc., shall state, in inches the length and width of the finished item. The quantity statement also may state parenthetically, in inches, the length of any ornamentation.

(g) The quantity statement for carpets and rugs shall state, in feet, with any remainder in common or decimal fractions of the foot or in inches, the length and width of the item. The quantity statement also may state parenthetically, in inches, the length of any ornamentation.

(h) The quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etc., shall state, in inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions.

(i) The quantity statement for textile products such as pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etc., shall be stated in terms of count, and may include size designations and dimensions.

(j) The quantity statement for other than rectangular textile products set out above shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape. Example: "Oval tablecloth 54 x 42 in." representing the maximum length and width in this case.

(k) The quantity statement for packages of remnants of textile products of assorted sizes, when by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants.

(12) Textiles shall be allowed the following deviations from declared dimensions:

(a) For an item with no declared dimensions less than 24 inches, a minus variation greater than 2 per cent of a declared dimension and a plus variation greater than 6 per cent of a declared dimension should be considered unreasonable.

(b) For an item with a declared dimension less than 24 inches, a minus variation greater than 6 per cent of a declared dimension and a plus variation greater than 6 per cent of a declared dimension should be considered unreasonable.

(13) Variety packages of textiles which are required by reason of Rule no. 80-13-1-.08(2)(b) to provide a combination declaration stating the quantity of each individual unit, shall be exempt from the requirements in this regulation for:

(a) Location (see Rule no. 80-13-1-.10(2)

(b) Free area (see Rule no. 80-13-1-.10(5)

(c) Minimum height of numbers and letters (see Rule No. 80-13-1-.10(8).

(14) Sewing and handicraft threads shall be exempt from the requirements of Rule No. 80-13-1-.09(8) provided that:

(a) The net quantity statement for sewing and handicraft threads shall be expressed in terms of yards.

(b) The net quantity statement for yarns shall be expressed in terms of weight.

(c) Thread products may, in lieu of name and address, bear a trademark, symbols, brand or other mark that positively identified the manufacturer, packer, or distributor, provided that such marks, employed to identify the vendor, shall be filed with the director.

(d) Each unit of industrial thread shall be marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net yards of thread on each bobbin.

(15) Packages of seed intended for planting along with complying with all applicable seed regulations, shall also comply with packaging as required in this regulation, except as follows:

(a) The quantity statement shall appear in the upper 30 per cent of the principal display panel.

(b) The quantity statement shall be in terms of the largest whole unit of the metric system for all weights up to one-fourth ounce, and in the avoirdupois system for all other weights up to eight ounces; packaged seeds eight ounces or more shall not be subject to this requirement.

(c) The quantity statement for coated seed, encapsulated seed, pelletized seed, pre-planters, seed tapes, etc., shall be in terms of count.

Ala. Admin. Code r. 80-13-1-.11