N.Y. Comp. Codes R. & Regs. tit. 1 § 221.5

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

Section 221.5 - Declaration of quantity; consumer packages

(a) General. The International System of Units (SI) known as the metric system and units of the customary system of weights and measures are jointly recognized, and units of either one of these systems may be used in a declaration of quantity. However, customary equivalents to metric sizes must be presented on commodities until such time as the Federal Fair Packaging and Labeling Act is amended and the commissioner deems the consumer is adequately prepared for the sole use of metric declarations.

(b) Largest whole unit. Where this regulation requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in:

(1) common or decimal fractions of such largest whole unit; or

(2) the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.

(c) Net quantity. The principal display panel of a package shall bear a declaration of the net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity.

(d) Use of "net mass" or "net weight". A quantity declaration may stand alone or may include the term "net mass" or "net weight" either preceding or following the declaration. The term "net" by itself may be used on food labels. However, the quantity of contents shall always declare the net quantity of contents even when such terms are not used.

(e) Lines or print or type. A declaration of quantity may appear on more than one line of print or type.

(f) Terms--weight, liquid measure or count. The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure, if the commodity is liquid, or in terms of weight, if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.

(g) Combination declaration.

(1) Weight. A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count and size of the individual units unless a declaration of weight alone is fully informative.

(2) Measure. A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count and size of the individual units unless a declaration of measure alone is fully informative.

(3) Count. A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure and size of the individual units unless a declaration of count alone is fully informative.

(h) Metric units--weight, measure. A declaration of quantity:

(1) in units of weight shall be in terms of the kilogram, gram or milligram;

(2) in 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;

(3) in units of linear measure shall be in term of the meter, centimeter, or millimeter;

(4) in units of area measure shall be in terms of the square meter or square centimeter;

(5) in 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.

(i) Symbols.

(1) Any of the following symbols for metric units, and none other, may be employed in the quantity statement on a package of commodity:

meter	m
centimeter	cm
millimeter	mm
square meter	m²
square centimeter	cm²
cubic meter	m³
cubic centimeter	cm³
liter	L
milliliter	mL
gram	g
kilogram	kg
milligram	mg

(2) Symbols, except for liter, are not capitalized unless the unit is derived from a proper name. Periods should not be used after the symbol. Symbols are always written in the singular form--do not add "s" to express the plural when the symbol is used.

(j) Customary units--weight, measure. A declaration of quantity:

(1) in units of weight shall be in terms of the avoirdupois pounds or ounces; except, that solder and brazing alloys containing precious metals when packaged and labeled for retail sale are exempted hereunder, provided, the net quantity declaration is stated in terms of the troy pound and ounce and the term "Troy" is used in each declaration;

(2) in 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° F, except in the case of petroleum products, for which the declaration shall express the volume at 60° 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° F;

(3) in units of linear measure shall be in terms of the yard, foot or inch;

(4) in units of area measure shall be in terms of the square yard, square foot or square inch;

(5) in units of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches or peck, dry quart, and dry pint subdivisions of the bushel;

(6) in units of cubic measure shall be in terms of the cubic yard, cubic foot, or cubic inch.

(k) Symbols and abbreviations.

(1) Any of the following symbols and customary units, and none other, shall be employed in the quantity statement on a package of commodity:

avoirdupois	avdp
cubic	cu
feet or foot	ft
fluid	fl
gallon	gal
inch	in
liquid	liq
ounce	oz
pint	pt
pound	lb
quart	qt
square	sq
weight	wt
yard	yd

(2) There normally are no periods following, nor plural forms of, symbols and abbreviations. For example, "oz" is the symbol for both ounce and ounces. Both upper and lower case letters are acceptable.

(l) Units with two or more meanings. 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".

(m) Prescribed units--metric system.

(1) Less than one meter, one square meter, one kilogram, or one liter. The declaration of quantity shall be expressed in terms of:

(i) in the case of length measure of less than one meter, centimeters and decimal fractions of a centimeter, but if less than one centimeter, then in millimeters;

(ii) in the case of area measure of less than one square meter, square centimeters and decimal fractions of square centimeters;

(iii) in the case of weight of less than one kilogram, grams and decimal fractions of a gram, but if less than one gram, then in milligrams;

(iv) in the case of fluid or dry measure of less than one liter, milliliters. Provided, that 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 three decimal places.

(2) One meter, one square meter, one kilogram, one liter or more. In the case of:

(i) length measure of one meter or more; in meters and decimal fractions to not more than three places;

(ii) area measure of one square meter or more; in square meters and decimal fractions to not more than three places;

(iii) weight of one kilogram or more; in kilograms and decimal fractions to not more than three places;

(iv) fluid or dry measures of one liter or more; in liters and decimal fractions to not more than three places.

(3) Bidimensional commodities. For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:

(i) if less than one square meter, in terms of cm2, followed in parentheses by a declaration of length and width in centimeters and decimal fractions;

(ii) if one square meter or more, in terms of square meters followed in parentheses by a declaration of both length and width, each being in terms of the meter and decimal fractions of a meter; provided, that:

(a) no square meter declaration is required for a bidimensional commodity of 10 centimeters width or less, but the length and width shall be expressed in centimeters;

(b) a dimension of less than one meter may be stated in centimeters within the parenthetical;

(c) commodities consisting of usable individual units (except roll-type commodities with individual usable units created by perforations, for which see subdivision [o] of this section) require a declaration of unit area but not a declaration of total area of all such units; and

(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.

(n) Prescribed units--customary system.

(1) Less than one foot, one square foot, one pound, or one pint. The declaration of quantity shall be expressed in terms of:

(i) in the case of length measure of less than a foot, inches and fractions of inches;

(ii) in the case of area measure of less than one square foot, square inches and fractions of square inches;

(iii) in the case of weight of less than one pound, ounces and fraction of ounces;

(iv) in the case of fluid measure of less than one pint, fluid ounces and fractions of fluid ounces.

Provided, that 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 three decimal places.

(2) One foot, one square foot, one pound, one pint, one gallon, or more. The declaration of quantity shall be expressed in the following terms:

(i) length measure of one foot or more, the declaration of quantity shall be expressed in terms of feet or yards with any remainder expressed in inches and fractions of the inch or in fractions of the foot or yard, except that it shall be optional to include a statement of length in terms of inches ;

(ii) area measure of one square foot or more but less than four square feet, expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot; or

(iii) area measure of four square feet or more, expressed in square yards or square feet with any remainder in expressed in square inches and fractions of a square inch or in fractions of the square foot or square yard;

(iv) weight of one pound or more expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of an ounce or in fractions of the pound;

(v) fluid measure of one pint or more but less than one gallon, expressed in quarts, quarts and pints, or pints with any remainder expressed in fluid ounces or fractions of the pint or quart, except that two quart may be declared as one-half gallon; or

(vi) fluid measure of one gallon or more, expressed in terms of gallons followed by fractions of a gallon or by the next smaller whole unit with any remainder expressed in fluid ounces or fractions of the pint or quart;

(vii) dry measure of one dry pint or more, expressed in terms of the largest whole unit with the remainder expressed in fractions of a dry pint, dry quart, peck, or bushel, provided the quantity declaration on a random package may be expressed in decimal fractions of the largest appropriate unit carried out to no more than three decimal places.

(3) Bidimensional commodities. For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed:

(i) if less than one square foot, in terms of linear inches and fractions of linear inches;

(ii) if at least one square foot, but less than four 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:

(a) no square inch declaration is required for a bidimensional commodity of four inches width or less;

(b) a dimension of less than two feet may be stated in inches within the parenthetical declaration; and

(iii) If four 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 units; provided, that:

(a) no declaration in square feet is required for a bidimensional commodity with a width of four inches or less;

(b) bidimensional commodities, with a width of four inches or less, shall have the length expressed in inches followed by a statement in parentheses of the length in the largest whole unit;

(c) a dimension of less than two feet may be stated in inches within the parenthetical declaration; and

(o) Count; ply.

(1) 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 Part, include the number of ply and total number of usable units.

(2) Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; however, such roll-type commodities shall be labeled in terms of:

(i) total area measurement;

(ii) number of ply;

(iii) count of usable units; and

(iv) dimensions of a single usable unit.

(p) Fractions.

(1) Metric. A metric statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.

(2) Customary. A customary statement in a declaration 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, eights, sixteenths, or thirty-seconds, except that:

(i) 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; and

(ii) if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.

(3) Common fractions. A common fraction shall be reduced to its lowest terms.

(4) Decimal fractions. A decimal fraction shall not be carried out to more than three places.

(q) Conversion of units. In all conversions for the purpose of showing an equivalent metric or customary quantity, the number of significant digits retained should be such that accuracy is neither sacrificed nor exaggerated.

(r) Supplementary declarations.

(1) Supplementary quantity declarations. 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 terms 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).

(2) Combined metric and customary declarations. An equivalent statement of the net quantity of contents in terms of either the customary or metric systems is not regarded as a supplemental statement and such statement may also appear on the principal display panel; provided, that it conforms to both subdivision (h) and subdivision (m) of this section.

(3) Qualification of declaration prohibited. 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.

(s) Character of declaration; average. The average net quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared net quantity 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.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 221.5

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