Section 2-1-4-09-100.07 - Variations to be allowed:1. Variations from declared net quantity. - Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity comprising either a shipment or other delivery of the commodity or a lot of the commodity that is kept, offered, or exposed for sale, or sold, is below the quantity stated, 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. Variations above the declared quantity shall not be unreasonably large.2. Variations from declared minimum quantity. - Where the minimum quantity is declared, no packaging variations below the declared minimum shall be permitted, and variations above the declared minimum shall not be unreasonably large.3. Variations resulting from exposure. - Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce. The phrase "introduced into intra-state commerce" as used in this paragraph shall be construed to define the time and the place at which the first sale and delivery of a package is made within the State, the delivery being made either: a. directly to the purchaser or to his agent, orb. to a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intra-state commerce, exposure variations shall not be permitted.4. Magnitude of permitted variations. - The magnitude of variations permitted under subsections 1., 2. and 3., of this section shall, in the case of any shipment, delivery, or lot, be determined by the facts in the individual case.2 Miss. Code. R. 1-4-09-100.07
Miss. Code Ann. § 75-27-19.