(a) Whenever any commodities are sold in containers, the net quantity of the contents of the container shall be plainly and conspicuously marked, branded, or otherwise indicated on the principal display panel of the container or on a label or tag attached thereto; provided, that containers, circular in cross-sectional area, may contain the statement of net quantity on either the principal display panel or on an area immediately adjacent thereto, which area shall be equivalent to not less than twenty percent (20%) of the entire label, or on the top of the container if the cross-sectional area is not less than the cross-sectional area of the bottom of the container. The size of the markings shall be governed by the area of the display panel, or the area of the label or tag attached.
(b) The state sealer shall establish necessary rules and regulations to carry out the design of this chapter.
(c) The provisions of this section do not apply:
(1) To containers while being used for the delivery of a food which, in accordance with the practice of the trade, is to be processed, labeled, packed, or repacked on premises other than where originally placed in those containers.
(2) To transparent wrappings, devoid of any words, letters, or numerals, used as a means of protecting the commodity, when the weight or count of the contents, or any portion thereof, is accurately determined at the time of, and for the immediate purpose of, sale.
(3) To an unlidded container when the weight of the contents, or any portion thereof, can be accurately determined at the time of, and for the immediate purpose of, sale, by the seller at the request of the buyer, on a weighing device installed for the purpose on the premises of the seller and sealed in accordance with the provisions of this division.
(4) To an unlidded container when the count of the contents, or any portion thereof, is accurately determined at the time of, and for the immediate purpose of, sale.
(5) To containers of fruits and vegetables, when the quantity is expressed in terms of count.
(6) To containers of petroleum products where the net quantity of the contents of the containers is plainly and conspicuously marked, branded, or otherwise indicated on the side or top thereof.
(7) When bottles containing beverages which conform to this chapter are placed in a carrying case of six (6) or more, the carrying case shall be exempt from the provisions of this chapter.
(d) Whenever a commodity in a container is offered for sale, exposed for sale, or sold without a statement of net quantity appearing thereon as required by this section, the sealer shall, in writing, order the container and its contents off sale, and require that an accurate statement of net quantity be placed on the container before it may be released by the sealer.
History of Section.
P.L. 1966, ch. 165, § 1.