N.Y. Comp. Codes R. & Regs. tit. 1 § 221.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 221.2 - Definitions

(a) The term commodity in package form shall be construed to mean a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in packaged form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measures, shall be construed to be a commodity in package form.

(b) A consumer package or package of consumer commodity shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sale agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(c) A nonconsumer package or package of nonconsumer commodity shall be construed to mean any commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution.

(d) The term random package shall be construed to mean a package that is one of a shipment or delivery of packages of the same consumer commodity with no fixed pattern of net contents.

(e) The term label shall be construed to mean any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package.

(f) The term person shall be construed to mean both singular and plural and shall include any individual, partnership, firm, company, corporation, association and society.

(g) The term principal display panel or panels shall be construed to mean that part, or those parts of a label that is, or are, so designed as to be most likely to be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."

(h) The term multi-unit package shall be construed to mean a package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of multi-unit package but capable of being individually sold in full compliance with all requirements of this Part.

(i) Sale at retail means a transaction wherein a person sells a commodity to the consumer, whether such sale is consummated at the place of business of the seller or by mail, telephone or in writing at a place other than at the place of business. Places of business carrying on such transactions include, but are not limited to, supermarkets, grocery stores, butcher shops, food freezer dealers, food plan companies, and department and variety stores.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 221.2

Amended New York State Register January 26, 2022/Volume XLIV, Issue 04, eff. 1/26/2022