§ 1453. Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Fair Packaging and Labeling Act

   Pub. L. 89–755 § 4 · 80 Stat. 1296

   Enacted · 15 U.S.C. § 1453

   Pub. L. 89–755, § 4, Nov. 3, 1966, 80 Stat. 1297

   Source evidence

   Code source credit
   Pub. L. 89–755, § 4, Nov. 3, 1966, 80 Stat. 1297

   Enacted provision · exact public law section
   Sec. 4. requirements and prohibitions (a) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 6 of this Act which shall provide that— (1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor; (2) The net quantity of contents (in terms of weight, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label; (3) The separate label statement of net quantity of contents appearing upon or affixed to any package— (A) (i) if on a package containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart; (ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places; (iii) if on a package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard; (iv) if on a package labeled in terms of measure of area, shall be expressed both in terms of square inches and the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by typography, layout, color, embossing, or molding) with other matter on the package; (C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and (D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and (4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. (5) For purposes of paragraph (3) (A) (ii) of this subsection the term “random package” means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights, that is, packages with no fixed weight pattern. (b) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this subsection or in paragraph (2) of subsection (a) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

2. 1992

   Technology Administration Authorization Act of 1991

   Pub. L. 102–245 § 107 · 106 Stat. 7

   Repealed · 15 U.S.C. § 1453

   Pub. L. 102–245, § 107, which directed amendment of section, effective two years after Feb. 14, 1992, by substituting “weight or mass” for “weight” in subsecs. (a)(2), (4), (5) and (b) and “weights or masses” for “weights” in subsec. (a)(5), by inserting “, using the most appropriate units of the SI metric system as the primary system for measuring quantity” after “panel of that label” in subsec. (a)(2), by substituting “that also displays the avoirdupois system of measure, and that contains” for “containing” in subsec. (a)(3)(A)(i), by inserting “that also displays the avoirdupois system of measure” after “random package” in subsec. (a)(3)(A)(ii), by inserting “that also displays the avoirdupois system of measure” after “linear measure” in subsec. (a)(3)(A)(iii), and by inserting “that also displays the avoirdupois system of measure” in subsec. (a)(3)(A)(iv), was repealed by Pub. L. 102–329, § 3

   Source evidence

   Code amendment note
   Pub. L. 102–245, § 107, which directed amendment of section, effective two years after Feb. 14, 1992, by substituting “weight or mass” for “weight” in subsecs. (a)(2), (4), (5) and (b) and “weights or masses” for “weights” in subsec. (a)(5), by inserting “, using the most appropriate units of the SI metric system as the primary system for measuring quantity” after “panel of that label” in subsec. (a)(2), by substituting “that also displays the avoirdupois system of measure, and that contains” for “containing” in subsec. (a)(3)(A)(i), by inserting “that also displays the avoirdupois system of measure” after “random package” in subsec. (a)(3)(A)(ii), by inserting “that also displays the avoirdupois system of measure” after “linear measure” in subsec. (a)(3)(A)(iii), and by inserting “that also displays the avoirdupois system of measure” in subsec. (a)(3)(A)(iv), was repealed by Pub. L. 102–329, § 3.

   Enacted provision · exact public law section
   SEC. 107. METRIC AMENDMENT. (a) The Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) is amended— (1) in sections 4(a) (2), (4), and (5), 4(b), and 5(c)(l), by 15 USC 1453, 1454. striking “weight” and inserting in lieu thereof “weight or mass”; (2) in sections 4(a)(5) and 5(d), by striking “weights” and inserting in lieu thereof “weights or masses”; (3) in section 4(a)(2), by inserting “, using the most appropriate units of the SI metric system as the primary system for measuring quantity” after “panel of that label”; and (4) in section 4(a)(3)(A)— (A) by striking “containing” and inserting in lieu thereof “that also displays the avoirdupois system of measure, and that contains” in clause (i); (B) by inserting “that also displays the avoirdupois system of measure” after “random package” in clause (ii); (C) by inserting “that also displays the avoirdupois system of measure” after “linear measure” in clause (iii); and (D) by inserting “that also displays the avoirdupois system of measure” after “measure of area” in clause (iv). (b) This section shall take effect 2 years after the date of enactment Effective date. 15 USC 1453 note. 15 USC 3704b–2. of this Act.

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

3. 1992

   Pub. L. 102–329 § 1(1) · 106 Stat. 847

   1. Substituted · 15 U.S.C. § 1453(a)(2)

      Pub. L. 102–329, § 1(1), (3), substituted “weight or mass” for “weight”

   2. Inserted · 15 U.S.C. § 1453(a)(2)

      Pub. L. 102–329, § 1(1), (3), inserted before semicolon at end “, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–329, § 1(1), (3), substituted “weight or mass” for “weight” and inserted before semicolon at end “, using the most appropriate units of both the customary inch/pound system of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system”.

   Enacted provision · exact public law section
   (1) in sections 4(a)(2), (4), and (5), 4(b), and 5(c)(1), by striking 15 USC 1453, 1454. “weight” and inserting in lieu thereof “weight or mass”;

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

4. 1992

   Pub. L. 102–329 § 1(4)(A) · 106 Stat. 847

   Substituted · 15 U.S.C. § 1453(a)(3)(A)(i)

   Pub. L. 102–329, § 1(4)(A), substituted “labeled in terms of weight, shall be expressed in pounds” for “containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A)(i). Pub. L. 102–329, § 1(4)(A), substituted “labeled in terms of weight, shall be expressed in pounds” for “containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units”.

   Enacted provision · exact public law section
   (A) by striking “containing less than four pounds” and all that follows through “pounds for weight units” in clause (i) and inserting in lieu thereof “labeled in terms of weight, shall be expressed in pounds”;

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

5. 1992

   Pub. L. 102–329 § 1(4)(B) · 106 Stat. 847

   1. Substituted · 15 U.S.C. § 1453(a)(3)(A)(ii)

      Pub. L. 102–329, § 1(4)(B), (C), substituted “three” for “two”

   2. Inserted · 15 U.S.C. § 1453(a)(3)(A)(ii)

      Pub. L. 102–329, § 1(4)(B), (C), inserted before semicolon at end “and is not required to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A)(ii). Pub. L. 102–329, § 1(4)(B), (C), substituted “three” for “two” and inserted before semicolon at end “and is not required to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places”.

   Enacted provision · exact public law section
   (B) by striking “two” in clause (ii) and inserting in lieu thereof “three”;

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

6. 1992

   Pub. L. 102–329 § 1(4)(D) · 106 Stat. 847

   Substituted · 15 U.S.C. § 1453(a)(3)(A)(iii)

   Pub. L. 102–329, § 1(4)(D), substituted “in terms of” for “both in terms of inches and”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A)(iii). Pub. L. 102–329, § 1(4)(D), substituted “in terms of” for “both in terms of inches and”.

   Enacted provision · exact public law section
   (D) by striking “both in terms of inches and” in clause (iii) and inserting in lieu thereof “in terms of”; and

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

7. 1992

   Pub. L. 102–329 § 1(4)(E) · 106 Stat. 847

   Substituted · 15 U.S.C. § 1453(a)(3)(A)(iv)

   Pub. L. 102–329, § 1(4)(E), substituted “in terms of” for “both in terms of square inches and”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A)(iv). Pub. L. 102–329, § 1(4)(E), substituted “in terms of” for “both in terms of square inches and”.

   Enacted provision · exact public law section
   (E) by striking “both in terms of square inches and” in clause (iv) and inserting in lieu thereof “in terms of”; and

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

8. 1992

   Pub. L. 102–329 § 1(1) · 106 Stat. 847

   Substituted · 15 U.S.C. § 1453(a)(4)

   Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”.

   Enacted provision · exact public law section
   (1) in sections 4(a)(2), (4), and (5), 4(b), and 5(c)(1), by striking 15 USC 1453, 1454. “weight” and inserting in lieu thereof “weight or mass”;

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

9. 1992

   Pub. L. 102–329 § 1(1) · 106 Stat. 847

   1. Substituted · 15 U.S.C. § 1453(a)(5)

      Pub. L. 102–329, § 1(1), (2), substituted “weight or mass” for “weight”

   2. Substituted · 15 U.S.C. § 1453(a)(5)

      Pub. L. 102–329, § 1(1), (2), substituted “weights or masses” for “weights”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 102–329, § 1(1), (2), substituted “weight or mass” for “weight” and “weights or masses” for “weights”.

   Enacted provision · exact public law section
   (1) in sections 4(a)(2), (4), and (5), 4(b), and 5(c)(1), by striking 15 USC 1453, 1454. “weight” and inserting in lieu thereof “weight or mass”;

   Effective date note
   Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

10. 1992

    Pub. L. 102–329 § 1(5) · 106 Stat. 847

    Added · 15 U.S.C. § 1453(a)(6)

    Pub. L. 102–329, § 1(5), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 102–329, § 1(5), added par. (6).

    Enacted provision · exact public law section
    (5) in section 4(a), by adding at the end the following new paragraph: “(6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.”.

    Effective date note
    Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

11. 1992

    Pub. L. 102–329 § 1(1) · 106 Stat. 847

    Substituted · 15 U.S.C. § 1453(b)

    Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–329, § 1(1), substituted “weight or mass” for “weight”.

    Enacted provision · exact public law section
    (1) in sections 4(a)(2), (4), and (5), 4(b), and 5(c)(1), by striking 15 USC 1453, 1454. “weight” and inserting in lieu thereof “weight or mass”;

    Effective date note
    Pub. L. 102–329, § 2, Aug. 3, 1992, 106 Stat. 847, provided that: “The amendments made by section 1 [amending this section and section 1454 of this title] shall take effect on February 14, 1994. The amendments made by section 1 shall have no effect on the sale or distribution of products whose labels have been printed before such effective date. Nothing in the amendments made by section 1 shall apply to unit pricing, advertising, recipe programs, nutrition labeling, or other general pricing information. Nothing in the amendments made by section 1 shall be construed to require changes in package size or to affect in any way the size of packages.” Section 107(b) of Pub. L. 102–245, which provided that section 107 of Pub. L. 102–245 which amended this section and section 1454 of this title was to take effect 2 years after Feb. 14, 1992, was repealed by Pub. L. 102–329, § 3, Aug. 3, 1992, 106 Stat. 848.

14 of 14 references resolved to an enrolled provision