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15 U.S.C. § 1454 — Rules and regulations

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1454 — Rules and regulations

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Stable record: federal_law:legal_authorities:record_usc_19d98d9bf925f2747ea55837
Source file: Laws/federal/codes/united-states-code/title-15/section-1454-rules-and-regulations--0f45ca7ac1.md
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Source location: Title 15, Chapter 39, § 1454; chapter-039-fair-packaging-and-labeling-program.md

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**(a) Promulgating authority** The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the “Secretary”) with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim); and (B) the Federal Trade Commission (referred to hereinafter as the “Commission”) with respect to any other consumer commodity. **(b) Exemption of commodities from regulations** If the promulgating authority specified in this section finds that, because of the nature, form, or quantity of a particular consumer commodity, or for other good and sufficient reasons, full compliance with all the requirements otherwise applicable under [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1453&num=0&edition=prelim) is impracticable or is not necessary for the adequate protection of consumers, the Secretary or the Commission (whichever the case may be) shall promulgate regulations exempting such commodity from those requirements to the extent and under such conditions as the promulgating authority determines to be consistent with [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1451&num=0&edition=prelim). **(c) Scope of additional regulations** Whenever the promulgating authority determines that regulations containing prohibitions or requirements other than those prescribed by [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1453&num=0&edition=prelim) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, such authority shall promulgate with respect to that commodity regulations effective to— (1) establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight or mass, dimensions, or number of packages which may be used to enclose any commodity; (2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of [section 321(f) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/f&num=0&edition=prelim)) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or (4) prevent the nonfunctional-slack-fill of packages containing consumer commodities. For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package. **(d) Development by manufacturers, packers, and distributors of voluntary product standards** Whenever the Secretary of Commerce determines that there is undue proliferation of the weights or masses, measures, or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such commodity or commodities under the procedures for the development of voluntary products standards established by the Secretary pursuant to [section 272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section272&num=0&edition=prelim). Such procedures shall provide adequate manufacturer, packer, distributor, and consumer representation. **(e) Report and recommendations to Congress upon industry failure to develop or abide by voluntary product standards** If (1) after one year after the date on which the Secretary of Commerce first makes the request of manufacturers, packers, and distributors to participate in the development of a voluntary product standard as provided in subsection (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection (d), or (2) if such a standard is published and the Secretary of Commerce determines that it has not been observed, he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1451 — Congressional declaration of policy

Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 321 — Definitions; generally

For the purposes of this chapter— **(a)** (1) The term “State”, except as used in the last sentence of [section 372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372/a&num=0&edition=prelim), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (2) The term “Territory” means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone. **(b)** The term “interstate commerce” means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body. **(c)** The term “Department” means Department of Health and Human Services. **(d)** The term “Secretary” means the Secretary of Health and Human Services. **(e)** The term “person” includes individual, partnership, corporation, and association. **(f)** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. **(g)** (1) The term “drug” means (A) articles recognized in the official United States Pharmacopoeia,11 So in original. Probably should be “Pharmacopeia,”. official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specif

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1453 — Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity

**(a) Contents of label** No person subject to the prohibition contained in [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1452&num=0&edition=prelim) 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 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1455&num=0&edition=prelim) 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 or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, 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; (3) The separate label statement of net quantity of contents appearing upon or affixed to any package— (A) (i) if on a package labeled in terms of weight, shall be expressed in pounds, 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 three decimal

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 272 — Establishment, functions, and activities

**(a) Establishment of National Institute of Standards and Technology** There is established within the Department of Commerce a science, engineering, technology, and measurement laboratory to be known as the National Institute of Standards and Technology (hereafter in this chapter referred to as the “Institute”). **(b) Functions of Secretary and Institute** The Secretary of Commerce (hereafter in this chapter referred to as the “Secretary”) acting through the Director of the Institute (hereafter in this chapter referred to as the “Director”) is authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take all actions necessary and appropriate to accomplish the purposes of this chapter, including the following functions of the Institute— (1) to assist industry in the development of technology and procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, manufacturability, functionality, and cost-effectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new scientific discoveries in fields such as automation, electronics, advanced materials, biotechnology, and optical technologies; (2) to develop, maintain, and retain custody of the national standards of measurement, and provide the means and methods for making measurements consistent with those standards; (3) to facilitate standards-related information sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus orga

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1454 — Rules and regulations

Page 1412 TITLE 15—COMMERCE AND TRADE § 1454 (b) Supplemental statements No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any pack- aged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of con- tents 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 non- deceptive 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 or mass, meas- ure, or count that tends to exaggerate the amount of the commodity contained in the package. (Pub. L. 89–755, § 4, Nov. 3, 1966, 80 Stat. 1297; Pub. L. 102–245, title I, § 107(a), Feb. 14, 1992, 106 Stat. 13; Pub. L. 102–329, §§ 1, 3, Aug. 3, 1992, 106 Stat. 847, 848.) Editorial Notes AMENDMENTS 1992—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 avoir- dupois sys

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