Section 2-1-4-09-100.02 - Declaration of Quantity:1. Net Quantity. The declaration of quantity shall disclose the net quantity of the commodity - that is, the quantity of commodity in the package exclusive of wrappers and any other material packed with such commodity.2. Terms - Weight, Measure, Or Count. - The declaration of the quantity of a particular commodity shall be expressed in such terms of weight, measure, or count, or a combination of count and weight, measure, or size, as have been firmly established in general consumer usage and trade custom and as give accurate information as to the quantity of the commodity. But if there exists no firmly established general consumer usage and trade custom with respect to the terms used in expressing such declaration of quantity, the declaration shall be in terms of liquid measures if the commodity is liquid, or in terms of weight if the commodity is solid, semi-solid, viscous, or a mixture of solid and liquid. If the commodity is packaged in an aerosol container, the declaration shall be in terms of weight (including the propellant). If the commodity is a textile material, the declaration shall be in terms of linear measure unless the material is one in which there exists a firmly established general consumer usage and trade custom to declare the quantity in terms of weight, in which case the declaration may be in terms of weight.3. Units - Weight, Measure. - A declaration of quantity:a. in units of weights shall be in terms of the avoirdupois pound or ounce;b. in units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or liquid-quart, liquid-pint, and fluid-ounce subdivisions of the gallon, and shall express the volume at 68° F (20° C) except in the case of a commodity that is normally sold while frozen or refrigerated, when the declaration shall express the volume at the temperature normally prevailing when such commodity is sold;c. in units of linear measure shall be in terms of the yard, foot, or inch; andd. in units of dry measure shall be in terms of either the United States bushel of 2,150.42 cubic inches or peck, dry-quart, and dry-pint subdivisions of the bushel, or the United States standard barrel of 7,056 cubic inches or of three-quarters, one-half and one-third barrel subdivisions. In the case of drugs, in lieu of any requirement to the contrary, the declaration of quantity may be in terms of a unit of the apothecaries or metric system of weight or measure. In the case of a commodity packed for export shipment, the declaration of quantity may be in terms of a system of weight or measure in common use in the country to which such shipment is to be exported.4. Units with two or more meanings. - When any unit of weight or measure having two or more distinct meanings is employed in a declaration of quantity, the declaration shall identify the particular meaning of the term as it is employed in the declaration. For example, distinction shall be made between "avoirdupois" and "fluid" ounces, and between "liquid" and "dry" quarts and pints. However, such distinction may be omitted when, by association of terms (as in "1 pound 4 ounces" or "1 pint 8 ounces"), the proper meaning is obvious.5. Prescribed Units. - A declaration of quantity shall be expressed in terms of the largest whole unit of weight or measure (for example, 1 quart shall be expressed as "1 quart" and not as "2 pints" or "32 fluid ounces"). However, when this results in a whole number and a fraction, the fraction may be expressed in it's equivalent in the next smaller whole unit (for example, 1 3/4 quarts may be expressed as "1 quart 1 1/2 pints" or "1 quart 1 pint 8 ounces," but not as "1 quart 24 ounces": 1 1/4 pounds may be expressed as "1 pound 4 ounces"). If there exists, with respect to a particular commodity, a firmly established general consumer usage and trade custom to express the declaration of quantity as a fraction of a unit of weight or measure larger than the total quantity being declared or as a number of units smaller than the largest whole unit of weight or measure involved, the declaration, if informative to consumers, may be made in accordance with such usage and custom.6. Reduction of Fractions. - Declarations of quantity may employ only binary-submultiple common fractions or decimal fractions. A common fraction shall be reduced to its lowest terms, and, except in the case of drugs, a decimal fraction shall not be carried out to more than two places: there exists, with respect to a particular commodity, a firmly established general consumer usage and trade custom contrary to the requirement for the use of only binary submultiples of common fractions or for the reduction of a common fraction to its lowest terms, the declaration may be made in accordance with such usage and custom.7. Supplementary Declarations. a. Metric System. - A declaration of weight or measure in U. S. customary units may be supplemented by a declaration in units of the metric system.b. Count to be supplemented. - A declaration of quantity in terms of count shall be supplemented by a declaration of the weight, measure, or size of the individual units of the commodity, or of the total weight or measure of the commodity, unless a declaration of count alone is fully informative to the consumer.c. Weight or measure to be supplemented. - A declaration of quantity in terms of weight or measure shall be supplemented by a declaration of the count or size of the individual units of the commodity, unless a declaration of weight or measures alone is fully informative to the consumer.8. Character of Declaration. - A declaration of quantity shall express average net quantity. A declaration may express minimum quantity when such declaration is definitely so identified by the addition some such words as "minimum quantity" or "not less than".9. Qualification of Declaration Prohibited. - In no case shall a declaration of quantity be qualified by the addition of the words "when packed" 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.10. Exceptions. A package shall be excepted from the requirement of Section 3 if: a. it contains: i. in the case of a commodity not a drug or cosmetic, less than 1/2 ounce avoirdupois, less than 1/2 fluid ounce, or less than 6 units,ii. in the case of a drug, less than 6 units, oriii. in the case of a cosmetic, less than 1/4 ounce avoirdupois, less than 1/8 fluid ounce, or less than 6 units; orb. it is an individual packaged commodity put up in a variable weight and size for sale intact, and intended to be weighed and marked at the point of retail sale.; or
c. It is a multiunit package containing unlabeled individual packages which are not intended for retail sale separate from the multiunit package. In lieu of the requirements of section 3, a multiunit package may contain a declaration of quantity of contents expressing the total quantity of the multiunit package without regard for inner packaging. For such multiunit packages it shall be optional to include a statement of the number of individual packages when such a statement is not otherwise required by the regulation. Examples: Deodorant Cakes: "5 cakes, Net Wt 113 g (4 oz) each, total Net Wt 566 g (1.25 lb)" or "5 cakes, total Net Wt 566 g (1 lb 4 oz) Soap Packets: "10 packets, Net Wt 56.6 g (2 oz) each, total Net Wt 566 g (1.25 lb)" or "Net Wt 56 g (1 lb 4 oz)" or "10 packets, total Net Wt 566 g (1 lb 4 oz) (Exceptions involving declarations in terms of count shall be permitted only if the units of commodity can easily be counted without opening the package.)2 Miss. Code. R. 1-4-09-100.02