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(4) Individually wrapped pieces of National Bureau of Standards Handbook "penny candy" and other confectionery 44,” are exempt from the requirements of of less than one-half ounce net weight $ 1.8b (b) (2) to the extent that net conper individual piece shall be exempt tents of 8-fluid Ounces and 64-fluid from the labeling requirements of this ounces (or 2 quarts) may be expressed as part when the container in which such 12 pint and 12 gallon, respectively. confectionery is shipped is in conform- (i) The foods named in subdivision ance with the labeling requirements (i) of this subparagraph, when measof this part. Similarly, when such con- ured by and packaged in 1-liquid pint, fectionery items are sold in bags or boxes, 1-liquid quart, and 42-gallon measuresuch items shall be exempt from the containers, as defined in the "Measure labeling requirements of this part, in- Container Code of National Bureau of cluding the required declaration of net Standards Handbook 44," are exempt quantity of contents specified in this part from the dual net-contents declaration when the declaration on the bag or box requirement of $ 1.8b (j). meets the requirements of this part.

(ii) The foods named in subdivision (5) (1) Soft drinks packaged in bottles

(i) of this subparagraph, when measured shall be exempt from the placement re- by and packaged in 12-liquid pint, quirements for the statement of identity 1-liquid pint, 1-liquid quart, 12-gallon, prescribed by $ 1.8 (a) and (d) if such and 1-gallon measure-containers, as statement appears conspicuously on the defined in the "Measure Container Code bottle closure. When such soft drinks are of National Bureau of Standards Handmarketed in a multiunit retail package, book 44,” are exempt from the requirethe multiunit retail package shall be ment of g 1.8b (f) that the declaration of exempt from the statement of identity net contents be located within the botdeclaration requirements prescribed by tom 30 percent of the principal display $ 1.8 if the statement of identity on the panel. unit container is not obscured by the

(7) (i) Milk, cream, light cream, coffee multiunit retail package.

or table cream, whipping cream, light (ü) A multiunit retail package for whipping cream, heavy or heavy whipsoft drinks shall be exempt from the ping cream, sour or cultured sour cream, declaration regarding name and place half-and-half, sour or cultured half-andof business required by $ 1.8a if the half, reconstituted or recombined milk package does not obscure the declara- and milk products, concentrated milk tion on unit containers or if it bears a and milk products, skim or skimmed milk, statement that the declaration can be vitamin D milk and milk products, fortifound on the unit containers and the fied milk and milk products, homogenized declaration on the unit containers com- milk, flavored milk and milk products, plies with $ 1.8a. The declaration re- buttermilk, cultured buttermilk, cultured quired by $ 1.8a may appear on the top milk or cultured whole buttermilk, lowor side of the closure of bottled soft fat milk (0.5 to 2.0 percent butterfat), drinks if the statement is conspicuous and acidified milk and milk products, and easily legible.

when packaged in containers of 8- and (iil) Soft drinks packaged in bottles 64-fluid-ounce capacity, are exempt from which display other required label in- the requirements of $ 1.8b(b) (2) to the formation only on the closure shall be extent that net contents of 8 fluid ounces exempt from the placement requirements and 64 fluid ounces (or 2 quarts) may be for the declaration of contents prescribed expressed as 12 pint and 42 gallon, by g 1.8b(f) if the required content dec- respectively. laration is blown, formed, or molded into (1) The products listed in subdivision the surface of the bottle in close proxim- (i) of this subparagraph, when packaged ity to the closure.

in glass or plastic containers of 12-pint, (6) (1) Ice cream, french ice cream, 1-pint, 1-quart, 12-gallon, and 1-gallon ice milk, fruit sherbets, water ices, quies- capacities are exempt from the placecently frozen confections (with or with- menü requirement of $ 1.8b (f) that the out dairy ingredients), special dietary declaration of net contents be located frozen desserts, and products made in within the bottom 30 percent of the semblance of the foregoing, when meas- principal display panel, provided that ured by and packaged in 2-liquid pint other required label information is conand 42-gallon measure-containers, as de- spicuously displayed on the cap or outfined in the "Measure Container Code of side closure and the required net quantity

.

of contents declaration is conspicuously from the requirements of $ 1.8b (I) (1) blown, formed, or molded into or per- that such declaration be in terms of manently applied to that part of the ounces and pounds, to permit declaraglass or plastic container that is at or tion of "1 pound” or “one pound”; and above the shoulder of the container.

(w) In 4-ounce, 8-ounce, and 1-pound (W) The products listed in subdivision packages with continuous label copy (1) of this subparagraph, when packaged wrapping is exempt from the requirein containers of 1-pint, 1-quart, and 42- ments of 88 1.8(d) and 1.8b (f) that the gallon capacities are exempt from the statement of identity and net contents dual net-contents declaration require- declaration appear in lines generally ment of $ 1.8b(j).

parallel to the base on which the pack(8) Wheat flour products, as defined age rests as it is designed to be disby 88 15.1, 15.10, 15.20, 15.30, 15.50, 15.60, played, provided that such statement and 15.70, 15.75, 15.80, and 15.90 of this chap- declaration are not so positioned on the ter, packaged:

label as to be misleading or dificult to (1) In conventional 2-, 5-, 10-, 25-, read as the package is customarily dis50-, and 100-pound packages are exempt played at retail. from the placement requirement of (11) Margarine as defined in § 45.1 of § 1.8b (f) that the declaration of net con- this chapter and imitations thereof in tents be located within the bottom 30 1-pound rectangular packages, except percent of the area of the principal dis- for packages containing whipped or soft play panel of the label; and

margarine or packages that contain more (i) In conventional 2-pound packages than four sticks, are exempt from the reare exempt from the dual net-contents quirement of $ 1.8b (f) that the declaradeclaration requirement of $ 1.8b(j) tion of the net quantity of contents approvided the quantity of contents is ex- pear within the bottom 30 percent of the pressed in pounds.

principal display panel and from the re(9) (1) Twelve shell eggs packaged in quirement of g 1.8b(j) (1) that such dec& carton designed to hold i dozen eggs laration be expressed both in ounces and and designed to permit the division of in pounds to permit declaration of “1 such carton by the retail customer at the pound” or “one pound,” provided an acplace of purchase into two portions of curate statement of net weight appears one-half dozen eggs each are exempt conspicuously on the principal display from the labeling requirements of this panel of the package. part with respect to each portion of such (12) Corn flour and related products, divided carton if the carton, when un- as they are defined by $$ 15.500 through divided, is in conformance with the label- 15.514 of this chapter, packaged in coning requirements of this part.

ventional 5-, 10-, 25-, 50-, and 100-pound (ii) Twelve shell eggs packaged in a bags are exempt from the placement recarton designed to hold 1 dozen eggs are quirement of $ 1.8b (f) that the declaraexempt from the placement requirements tion of net contents be located within the for the declaration of contents pre- bottom 30 percent of the area of the scribed by $ 1.8b (f) if the required con- principal display panel of the label. tent declaration is otherwise placed on

(13) (i) Single strength and less than the principal display panel of such carton

single strength fruit juice beverages, and if, in the case of such cartons de

imitations thereof, and drinking water signed to permit division by retail cus

when packaged in glass or plastic contomers into two portions of one-half tainers of 12-pint, 1-pint, l-quart, 12dozen eggs each, the required content

gallon, and 1-gallon capacities are declaration is placed on the principal

exempt from the placement requirement display panel in such a manner that the

of § 1.8b(f) that the declaration of net context of the content declaration is

contents be located within the bottom 30 destroyed upon division of the carton.

percent of the principal display panel: (10) Butter as defined in 42 Stat. 1500

Provided, That other required label in(excluding whipped butter):

formation is conspicuously displayed on (1) In 8-ounce and in 1-pound pack- the cap or outside closure and the reages is exempt from the requirements of quired net quantity of contents decla§ 1.8b (f) that the net contents declara

ration is conspicuously blown, formed, or tion be placed within the bottom 30 per- molded into or permanently applied to cent of the area of the principal display that part of the glass or plastic container panel;

that is at or above the shoulder of the (11) In 1-pound packages is exempt container.

(i) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water when packaged in glass, plastic, or paper (fluid milk type) containers of 1-pint, 1-quart, and 12-gallon capacities are exempt from the dual net-contents declaration requirement of $ 1.8b(j).

(iii) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water when packaged in glass, plastic, or paper (fluid milk type) containers of 8- and 64-fluidounce capacity, are exempt from the requirements of g 1.8b (b) (2) to the extent that net contents of 8 fluid ounces and 64 fluid ounces (or 2 quarts) may be expressed as 42 pint (or half pint) and 12 gallon (or half gallon), respectively.

(b) Drugs. (1) Liquid over-the-counter veterinary preparations intended for injection shall be exempt from the declaration of net quantity of contents in terms of the U.S. gallon of 231 cubic inches and quart, pint, and fluid-ounce subdivisions thereof as required by $ 1.102d(b), (1), and (j), and from the dual declaration requirements of g 1.102d (1), if such declaration of net quantity of contents is expressed in terms of the liter and milliliter, or cubic centimeter, with the volume expressed at 68° F. (20° C.). [32 F.R. 10731, July 21, 1967, as amended at 33 F.R. 6861, May 7, 1968; 33 F.R. 9482, June 28, 1968; 88 F.R. 10141, July 16, 1968; 33 F.R. 10206, July 17, 1968; 33 F.R. 10391, July 20, 1968; 33 F.R. 11902, Aug. 22, 1968; 33 F.R. 12039, Aug. 24, 1968; 33 FR. 19007, Dec. 20, 1968; 34 F.R. 931, Jan 22, 1969; 34 F.R. 11541, July 12, 1969; 34 F R. 15354, Oct. 2, 1969; 84 F.R. 15840, Oct. 16, 1969]

DEFINITIONS AUTHORITY: $$ 1.2 and 1.3 18sued under sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 371, unless otherwise noted. § 1.2 Labeling; label; definitions.

(a) Labeling includes all written, printed, or graphic matter accompanying an article at any time while such article is in interstate commerce or held for sale after shipment or delivery in interstate commerce.

(b) “Label” means any display of written, printed, or graphic matter on the immediate container of any article, or any such matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity. (Seos. 4, 6, 80 Stat1297, 1299, 1800, secs. 408,

602, 62 Stat. 1047, 1050, 1064; 16 U.S.O. 1458, 1456, 21 U.S.O. 843, 862, 862) (82 F.R. 10781, July 21, 1967] 8 1.3 Difference of opinion among ex

perts. The existence of a diference of opinion, among experts qualified by scientific training and experience, as to the truth of a representation made or suggested in the labeling is a fact (among other facts) the failure to reveal which may render the labeling misleading, if there is a material weight of opinion contrary to such representation. (806. 201, 52 Stat. 1041, as amended; 21 Ú.S.C. 321) (20 F.R. 9526, Dec. 20, 1965)

PROFIIBITED ACTS AND PENALTIES AUTHORITY: 88 1.4 to 1.6 issued under 860. 701, 62 Stat. 1065, as amended; 21 U.S.C. 371, unless otherwise noted. 8 1.4 Guaranty.

In case of the giving of a guaranty or undertaking referred to in section 303 (c) (2) or (3) of the act, each person signing such guaranty or undertaking shall be considered to have given it. (Sec. 801, 62 Stat. 1042, as amended; 21 Ū.S.C. 881) [20 FR. 9626, Dec. 20, 1966) 8 1.5 Guaranty; definition, and sug

gested forms. (a) A guaranty or undertaking referred to in section 303(c) (2) of the act may be:

(1) Limited to a specific shipment or other delivery of an article, in which case it may be a part of or attached to the invoice or bill of sale covering such shipment or delivery, or

(2) General and continuing, in which case, in its application to any shipment or other delivery of an article, it shall be considered to have been given at the date such article was shipped or delivered by the person who gives the guaranty or undertaking.

(b) The following are suggested forms of guaranty or undertaking under section 303 (c) (2) of the act:

(1) Limited form for use on invoice or bill of sale.

(Name of person giving the guaranty or undertaking) hereby guarantees that no artiale Ilstod herein 18 adulterated or misbranded within the moaning of the Federal Food, Drug, and Cosmetic Act, or 18 an article which may not, under the provisions of 800tion 404 or 506 of the act, be introduced into interstate commerce.

(Signature and post-ofice address of person giving the guaranty or undertaking)

(2) General and continuing form,

9

The article comprising each shipment or (Signature and post-once address at other delivery hereafter made by (name of agent.) person giving the guaranty or undertaking) to, or on the order of (name and post-omice

(f) For the purpose of a guaranty or address of person to whom the guaranty or

undertaking under section 303(c)(3) of undertaking is given) 1s hereby guaranteed the act the manufacturer of a shipment as of the date of such shipment or delivery, or other delivery of a color additive is to be, on such date, not adulterated or mis.

the person who packaged such color. branded within the meaning of the Federal

(g) A guaranty or undertaking, if Pood, Drug, and Cosmetic Act, and not an

signed by two or more persons, shall article which may not, under the provisions

state that such persons severally guarof section 404 or 506 of the act, be introduced into interstate commerce.

antee the article to which it applies. (Signature and post-omce address of per. (h) No representation or suggestion son giving the guaranty of undertaking) that an article is guaranteed under the (c) The application of a guaranty or

act shall be made in labeling. undertaking referred to in section 303 (Sec. 808, 62 Stat. 1049; 21 U.S.C. 888) [20 (c) (2) of the act to any shipment or

P.R. 9626, Dec. 20, 1965, as amended at 28

FR. 6898, June 21, 1968] other delivery of an article shall expire when such article, after shipment or de- 8 1.6 Presentation of views under seclivery by the person who gave such guar

tion 305 of the act. anty or undertaking, becomes adulter- (a) Presentation of views under secated or misbranded within the meaning tion 305 of the act shall be private and of the act, or becomes an article which

informal. The views presented shall be may not, under the provisions of section confined to matters relevant to the con404 or 505 of the act, be introduced into

templated proceeding. Such views may interstate commerce.

be presented by letter or in person by the (d) A guaranty or undertaking re

person to whom the notice was given, or ferred to in section 303(c)(3) of the act by his representative. In case such pershall state that the shipment or other son holds a guaranty or undertaking delivery of the color additive covered referred to in section 303(c) (2) or (3) of thereby was manufactured by a signer the act applicable to the article on thereof. It may be a part of or attached which such notice was based, such to the invoice or bill of sale covering such guaranty or undertaking, or a verified color. If such shipment or delivery is copy thereof, shall be made a part of from a foreign manufacturer, such guar- such presentation of views. anty or undertaking shall be signed by (b) Upon request, seasonably made, such manufacturer and by an agent of by the person to whom a notice appointsuch manufacturer who resides in the ing a time and place for the presentation United States.

of views under section 305 of the act has (e) The following are suggested forms been given, or by his representative, such of guaranty or undertaking under sec- time or place, or both such time and tion 303(c)(3) of the act:

place, may be changed if the request (1) For domestic manufacturers:

states reasonable

grounds therefor.

Such request shall be addressed to the (Name of manufacturer) hereby guarantees that all color additives listed herein

ofice of the Food and Drug Administrawere manufactured by him, and (where color

tion which issued the notice. additive regulations require certification) (Sec. 306, 52 Stat. 1045, as amended; 21 are from batches certified in accordance with U.S.O. 335) (20 FR. 9627, Dec. 20, 1956 ] the applicable regulations promulgated under

FOOD the Federal Food, Drug, and Cosmetic Act.

(Signature and post-ofilce address of man- AUTHORITY: 88 1.7 to 1.15 issued under secs. ufacturer.)

4, 6, 80 Stat. 1297, 1299, 1800, secs. 403, 602,

701, 62 Stat. 1047, 1050, 1054, 1055 as amend. (2) For foreign manufacturers:

ed; 16 0.8.0. 1453, 1465, 21 0.8.0. 348, 352, (Name of manufacturer and agent) here

362, 871. by severally guarantee that all color additives listed herein were manufactured by (name of

8 1.7 Food in package form; principal manufacturer), and (where color additive

display panel. regulations require certification) are from The term “principal display panel” as batches certified in accordance with the ap

it applies to food in package form and as plicable regulations promulgated under the Federal Food, Drug, and Cosmetic Act.

used in this part, means the part of a (Signature and post-ofice address of man- label that is most likely to be displayed, ufacturer.)

presented, shown, or examined under

customary conditions of display for re- (2) The common or usual name of tail sale. The principal display panel the food; or, in the absence thereof, shall be large enough to accommodate all (3) An appropriately descriptive term, the mandatory label information re

or when the nature of the food is obvious, quired to be placed thereon by this part

a fanciful name commonly used by the with clarity and conspicuousness and

public for such food.

(c) Where a food is marketed in variwithout obscuring design, vignettes, or

ous optional forms (whole, slices, diced, crowding. Where packages bear alternate

etc.), the particular form shall be conprincipal display panels, information re

sidered to be a necessary part of the quired to be placed on the principal dis

statement of identity and shall be deplay panel shall be duplicated on each clared in letters of a type size bearing principal display panel. For the purpose a reasonable relation to the size of the of obtaining uniform type size in declar- letters forming the other components of ing the quantity of contents for all pack- the statement of identity; except that if ages of substantially the same size, the the optional form is visible through the term "area of the principal display container or is depicted by an appropripanel” means the area of the side or ate vignette, the particular form need surface that bears the principal dis- not be included in the statement. This play panel, which area shall be:

specification does not affect the required (a) In the case of a rectangular pack

declarations of identity under definitions age where one entire side properly can

and standards for foods promulgated be considered to be the principal display

pursuant to section 401 of the act.

(d) This statement of identity shall panel side, the product of the height

be presented in bold type on the principal times the width of that side;

display panel, shall be in a size reason(b) In the case of a cylindrical or ably related to the most prominent nearly cylindrical container, 40 percent printed matter on such panel, and shall of the product of the height of the con- be in lines generally parallel to the base tainer times the circumference;

on which the package rests as it is (c) In the case of any otherwise designed to be displayed. shaped container, 40 percent of the total (32 F.R. 10781, July 21, 1967] surface of the container: Provided,

§ 1.8a

Food labeling; name and place however, That where such container

of business of manufacturer, packer, presents an obvious "principal display

or distributor. panel” such as the top of a triangular or circular package of cheese, the area

(a). The label of a food in packaged shall consist of the entire top surface.

form shall specify conspicuously the In determining the area of the principal

name and place of business of the manudisplay panel, exclude tops, bottoms,

facturer, packer, or distributor. flanges at tops and bottoms of cans, and

(b) The requirement for declaration of shoulders and necks of bottles or jars. the name of the manufacturer, packer, or In the case of cylindrical or nearly cylin- distributor shall be deemed to be satisfied, drical containers, information required in the case of a corporation, only by the by this part to appear on the principal actual corporate name, which may be display panel shall appear within that preceded or followed by the name of the 40 percent of the circumference which

particular division of the corporation. In is most likely to be displayed, presented, the case of an individual, partnership, or shown, or examined under customary

association, the name under which the conditions of display for retail sale.

business is conducted shall be used. (32 F.R. 10731, July 21, 1967, as amended at

(c) Where the food is not manufac32 F.R. 13278, Sept. 20, 1967]

tured by the person whose name appears 8 1.8 Food in package form, labeling; on the label, the name shall be qualified identity.

by a phrase that reveals the connection (a) The principal display panel of

such person has with such food; such as & food in package form shall bear as

“Manufactured for one of its principal features a statement

tributed by

or any other of the identity of the commodity.

wording that expresses the facts. (b) Such statement of identity shall

(d) The statement of the place of be in terms of:

business shall include the street address, (1) The name now or hereafter speci- city, State, and ZIP Code; however, the fied in or required by any applicable street address may be omitted if it is Federal law or regulation; or, in the ab- shown in a current city directory or telesence thereof,

phone directory. The requirement for 86-041 070

11

” “Dis

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