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15 U.S.C. § 1459 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
**(a)** The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—
(1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product;
(2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; [21 U.S.C. 151–157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151–157&num=0&edition=prelim)),11 See References in Text note below. commonly known as the Virus-Serum-Toxin Act;
(3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 353(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section353/b/1&num=0&edition=prelim) an
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Source location: Title 15, Chapter 39, § 1459; chapter-039-fair-packaging-and-labeling-program.md
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For the purpose of this chapter—
**(a)** The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—
(1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product;
(2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section136&num=0&edition=prelim) et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832–833; [21 U.S.C. 151–157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section151–157&num=0&edition=prelim)),11 See References in Text note below. commonly known as the Virus-Serum-Toxin Act;
(3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 353(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section353/b/1&num=0&edition=prelim) and 356);
(4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act ([27 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title27-section201&num=0&edition=prelim) et seq.); or
(5) any commodity subject to the provisions of the Federal Seed Act ([7 U.S.C. 1551–161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1551–161&num=0&edition=prelim)0).1
**(b)** The term “package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include—
(1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;
(2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; or
(3) containers subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; [15 U.S.C. 231–233](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section231–233&num=0&edition=prelim)), or the Act of March 4, 1915 (38 Stat. 1186, as amended; [15 U.S.C. 234–236](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section234–236&num=0&edition=prelim)).
**(c)** The term “label” means any written, printed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity.
**(d)** The term “person” includes any firm, corporation, or association.
**(e)** The term “commerce” means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include exports to foreign countries.
**(f)** The term “principal display panel” means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Alcohol Administration Act”.
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful in the United States or in interstate or foreign commerce to sell or offer for sale or advertise, by variety name, seed not certified by an official seed certifying agency, when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act [[7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.] specifies sale only as a class of certified seed: Provided, That seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owners of the variety.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
**(a) Active ingredient** The term “active ingredient” means—
(1) in the case of a pesticide other than a plant regulator, defoliant, desiccant, or nitrogen stabilizer, an ingredient which will prevent, destroy, repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue; and
(5) in the case of a nitrogen stabilizer, an ingredient which will prevent or hinder the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria.
**(b) Administrator** The term “Administrator” means the Administrator of the Environmental Protection Agency.
**(c) Adulterated** The term “adulterated” applies to any pesticide if—
(1) its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold;
(2) any substance has been substituted wholly or in part for the pesticide; or
(3) any valuable constituent of the pesticide has been wholly or in part abstracted.
**(d) Animal** The term “animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.
**(e) Certified applicator, etc.**
(1) **Certified applicator** — The term “certified applicator” means any individual who is certified under [section 136i of this title](https://uscode.house.gov/view.
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Federal law — U.S. Code and appendices · legal_authorities
It shall be unlawful for any person, firm, or corporation to prepare, sell, barter, or exchange in the District of Columbia, or in the Territories, or in any place under the jurisdiction of the United States, or to ship or deliver for shipment in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals, and no person, firm, or corporation shall prepare, sell, barter, exchange, or ship as aforesaid any virus, serum, toxin, or analogous product manufactured within the United States and intended for use in the treatment of domestic animals, unless and until the said virus, serum, toxin, or analogous product shall have been prepared, under and in compliance with regulations prescribed by the Secretary of Agriculture, at an establishment holding an unsuspended and unrevoked license issued by the Secretary of Agriculture as hereinafter authorized.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 251, acts Aug. 31, 1916, ch. 426, § 1, 39 Stat. 673; June 11, 1934, ch. 447, § 1, 48 Stat. 930, set standards for Climax baskets for grapes and other fruits and vegetables and for mushrooms.
Section 252, act Aug. 31, 1916, ch. 426, § 2, 39 Stat. 673, set standards for standard basket or container for small fruits and vegetables.
Section 253, acts Aug. 31, 1916, ch. 426, § 3, 39 Stat. 674; June 11, 1934, c. 447, § 2, 48 Stat. 930, set penalties for failure to conform to standards.
Section 254, act Aug. 31, 1916, ch. 426, § 4, 39 Stat. 674, provided for examinations and tests by Department of Agriculture and for promulgation of rules and regulations covering allowable tolerances and variations.
Section 255, acts Aug. 31, 1916, ch. 426, § 5, 39 Stat. 674; June 25, 1948, ch. 646, § 1, 62 Stat. 909, made United States attorney responsible for commencing actions to enforce penalties.
Section 256, act Aug. 31, 1916, ch. 426, § 6, 39 Stat. 674, covered guaranty given by manufacturers or sellers of baskets as to correctness of such containers.
#### Effective Date of Repeal
Pub. L. 90–628, § 3, Oct. 22, 1968, 82 Stat. 1320, provided that: “This Act [repealing sections 251 to 257i of this title and amending [section 1459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1459&num=0&edition=prelim)] shall become effective 60 days after enactment [Oct. 22, 1968].”
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Federal law — U.S. Code and appendices · legal_authorities
Page 1414
TITLE 15—COMMERCE AND TRADE
§ 1456
(c) Cooperation with other departments and
agencies
In carrying into effect the provisions of this
chapter, the Secretary and the Commission are
authorized to cooperate with any department or
agency of the United States, with any State,
Commonwealth, or possession of the United
States, and with any department, agency, or po-
litical subdivision of any such State, Common-
wealth, or possession.
(d) Returnable or reusable glass containers for
beverages
No regulation adopted under this chapter shall
preclude the continued use of returnable or reus-
able glass containers for beverages in inventory
or with the trade as of the effective date of this
Act, nor shall any regulation under this chapter
preclude the orderly disposal of packages in in-
ventory or with the trade as of the effective date
of such regulation.
(Pub. L. 89–755, § 6, Nov. 3, 1966, 80 Stat. 1299;
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93
Stat. 695.)
Editorial Notes
REFERENCES IN TEXT
The effective date of this Act, referred to in subsec.
(d), refers to the effective date of Pub. L. 89–755 which
enacted this chapter to take effect July 1, 1967. See Ef-
fective Date note set out under section 1451 of this
title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Department of Health and Human Services’’ sub-
stituted for ‘‘Department of Health, Education, and
Welfare’’ in subsec. (a), pursuant to section 509(b) of
Pub. L. 96–88, which is classified to section 3508(b) of
Title 20, Education.
§ 1456. Enforcement
(a) Misbranded consumer commodities
Any consumer commodity which is a food,
drug, device, or cosmetic, as each such term is
defined by section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321),
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1459
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Federal law — U.S. Code and appendices · legal_authorities
The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of head, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches outside measurement, representing as nearly as possible seven thousand and fifty-six cubic inches: Provided, That steel barrels containing the interior dimensions provided for in this section shall be construed as a compliance therewith.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 231
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Federal law — U.S. Code and appendices · legal_authorities
Page 643
TITLE 15—COMMERCE AND TRADE
§ 233
1 So in original. Probably should be ‘‘established’’.
Number
of gauge
Approximate
thickness in
fractions of
an inch
Approximate
thickness in
decimal parts
of an inch
Approximate
thickness in
millimeters
Weight per
square foot in
ounces avoir-
dupois
Weight per
square foot in
pounds avoir-
dupois
Weight per
square foot
in kilo-
grams
Weight per
square
meter in
kilograms
Weight per
square meter
in pounds
avoirdupois
34
11/1280
.00859375
.21828125
51⁄2
.34375
.1559
1.678
3.70
35
5/640
.0078125
.1984375
5
.3125
.1417
1.526
3.36
36
9/1280
.00703125
.17859375
41⁄2
.28125
.1276
1.373
3.03
37
17/2560
.006640625
.168671875
41⁄4
.265625
.1205
1.297
2.87
38
1/160
.00625
.15875
4
.25
.1134
1.221
2.69
The same and no other shall be used in deter-
mining duties and taxes levied by the United
States of America on sheet and plate iron and
steel. But this subchapter shall not be construed
to increase duties upon any articles which may
be imported.
(Mar. 3, 1893, ch. 221, § 1, 27 Stat. 746.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in text, was in the origi-
nal ‘‘this act’’, meaning act Mar. 3, 1893, ch. 221, 27
Stat. 746, which is classified to sections 206 to 208 of
this title.
§ 207. Preparation of standards by Secretary of
Commerce
The Secretary of Commerce is authorized and
required to prepare suitable standards in accord-
ance with section 206 of this title.
(Mar. 3, 1893, ch. 221, § 2, 27 Stat. 746; Feb. 14,
1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141,
§ 1, 37 Stat. 736.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Act Mar. 4, 1913, created Department of Labor, and re-
named Department of Commerce and La
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Federal law — U.S. Code and appendices · legal_authorities
The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided, That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one-half inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 234
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