When a commodity in a container is sold, and there is a discrepancy between the actual quantity of the commodities in the container and the net quantity of the contents thereof indicated on the container or between the fill of the commodity in the container and the capacity of the container, there is no violation of this chapter:
(1) If the discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.
(2) If the seller purchased the commodity in the container, in good faith, relying upon the indication of the net contents thereof, and sold the commodity in the container without altering the contents thereof or the indication of the contents thereof, and the container had the name of a packer, manufacturer, wholesaler, or jobber thereon at the time the seller purchased it.
History of Section.
P.L. 1966, ch. 165, § 1.