(a) Except as otherwise provided in this chapter any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside of the package such definite, plain and conspicuous declaration of:
(1) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(2) The net quantity of the contents in terms of weight, measure or count;
(1952 Code § 26-3-2; Ord. 513-75.)
(3) The total selling price in Arabic numbers except for the following situations:
A. Any product prepackaged in a combination of two or more components need only be priced as a combination and need not be priced individually.
B. Whenever a scanning device and computer is used to indicate the selling price of the package, provided the individual price of the package is prominently displayed adjacent to it.
(Ord. 338-82. Passed 6-15-82.)
(4) In the case of any package kept, offered or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor; provided, that in connection with the declaration required under paragraph (2) hereof neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure or count, for example, "jumbo", "giant", "full" and the like that tends to exaggerate the amount of commodity in a package shall be used.
(5) The provisions of (2), (3) above shall not apply to consumer commodities which are under three cubic inches in size, or weigh three ounces or less, and are priced under sixty cents ($0.60), or to any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or, in addition thereto, not more than two other regular employees.
(b) In addition to the declarations required by subsection (a) hereof, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure or count.
(c) No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the sealer.
(d) Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price, a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package; provided that where the law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weights or measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further that there shall not be included as part of the declaration required under this section such qualifying terms as "when packed", "minimum", "not less than" or any other terms of similar import, nor any term qualifying a unit of weight, measure or count, for example, "jumbo", "giant", "full" and the like that tends to exaggerate the amount of commodity in the package.
(e) This section shall apply to packages and to commodities in package form, but shall not apply to:
(1) Inner wrappings not intended to be individually sold to the customer;
(2) Auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity;
(3) Containers used for retail tray pack displays when the container itself is not intended to be sold (e.g., the tray that is used to display individual envelopes of seasonings, gravies, etc. and the tray itself is not intended to be sold);
(4) Commodities put up in variable weights and sizes for sale intact and intended to be either weighed or measured at the time of sale, where no package quantities are represented, and where the method of sale is clearly indicated in close proximity to the quantity being sold; or
(5) Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed or graphic matter obscuring the label information required by this regulation.
(1952 Code § 26-3-2; Ord. 513-75)