Labeling of packaged commodities
- • use of labeling terms restricted
- • scope of rules
(1) Except as otherwise provided in ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and the rules promulgated pursuant thereto, any commodity in package form introduced, delivered for introduction into or received in intrastate commerce and sold, offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain and conspicuous declarations of:
(a) The identity of the commodity in the package, unless it is visible through the wrapper;
(b) The net quantity of the contents in terms of weight, measure or count; and
(c) In the case of any package sold, offered or exposed for sale in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor, as may be prescribed by rule.
(2) In connection with the requirements of subsection (1)(b) of this section, neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure or count such as "jumbo," "giant" or "full" that tends to exaggerate the amount of commodity in a package shall be used.
(3) In connection with the requirements of subsection (1)(b) of this section, the State Department of Agriculture by rule may establish:
(a) Reasonable variations to be allowed, including variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure. However, such variations may not be permitted to the extent that the average of the quantities in the packages comprising a shipment, display or other lot is below the quantity stated, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, display or lot compensate for such shortage;
(b) Exemptions for small packages; and
(c) Exemptions for commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. [1973 c.293 §22; 2005 c.22 §432]
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