manufacturer's package made from any such materials or not less than 10 pounds. The packages shall be marked, stamped, and branded as the Secretary or his delegate shall prescribe, and all sales by manufacturers shall be in original stamped packages. Each package shall bear a caution label against reuse of the container or the stamps thereon (§ 4594). All sales made by wholesale dealers shall be in original stamped packages (§ 4595). Retail dealers must sell only from original stamped packages, in quantities not exceeding 10 pounds, and shall pack, or cause to be packed, the oleomargarine sold by them in suitable wooden, tin-plate, or paper packages which shall be marked and branded as the Secretary or his delegate shall prescribe (ibid). 2. Regulatory tax on adulterated and process or renovated butter (26 U.S.C. 4811-4819). The packing and stamping requirement for adulterated butter appear to be the same as for oleomargarine (§ 4814). The selling requirements provide that dealers in adulterated butter must sell only original or from original stamped packages, and when such original stamped packages are broken the adulterated butter sold from same shall be placed in suitable wooden, tin-plate, or paper packages, which shall be marked as the Secretary or his delegate shall prescribe (§ 4815). The marking of process or renovated butter is provided for by section 4817 and is under the jurisdiction of the Secretary of Agriculture. Pertinent provisions of that section require that all process or renovated butter and the packages or containers thereof shall be marked with the words "Process Butter" and by such other marks, labels, or brands, and in such manner, as may be prescribed by the Secretary of Agriculture. This section also prohibits false and misleading labels as follows: "No statement that is false or misleading in any particular shall be placed on or affixed to any wrapper, label, carton, or container of process or renovated butter." Regulations provide that each carton, wraper, or other container shall bear a plain and conspicuous statement of the net weight of the contents; and that such cartons, wrappers, or containers shall bear no pictorial, or other representation, which may create the impression that the article therein contained is other than process or renovated butter (9 C.F.R. § 171.40). 3. Tax on Filled Cheese, 26 U.S.C. §§ 4831-4836. Packing Requirements. Filled cheese shall be packed by the manufacturers in wooden packages only, not before used for that purpose, and marked, stamped, and branded with the words "Filled Cheese" in blackfaced letters not less than 2 inches in length, in a circle in the center of the top and bottom of the cheese; and in blackfaced letters not less than 2 inches in length in line from the top to the bottom of the cheese, on the side in four places equidistant from each other; and the package containing such cheese shall be marked in the same manner and in the same number of places, and in the same description of letters as above provided for the marking of the cheese; and all sales or consignments made by manufacturers of filled cheese to wholesale dealers in filled cheese or to exporters of filled cheese shall be in original stamped packages. Retail dealers in filled cheese shall sell only from original stamped packages, and shall pack the filled cheese when sold in suitable wooden or paper packages, which shall be marked and branded in accordance with rules and regulations to be prescribed by the Secretary or his delegate. 4. Federal Alcohol Administration Act (Aug. 29, 1935, 49 Stat. 977, 27 U.S.C. § 201 et seq.). This Act provides for the supervision and control of the liquor industry. The provision dealing with labeling is as follows: § 205. Unfair competition and unlawful practices. It shall be unlawful for any person engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, directly or indirectly or through an affiliate: (e) Labeling. To sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or to receive therein, or to remove from customs, custody for consumption, any distilled spirits, wine, or malt beverages in bottles, unless such products are bottled, packaged, and labeled in conformity with such regulations, to be prescribed by the Secretary of the Treas ury, with respect to packaging, marking, branding, and labeling and size and fill of container (1) as will prohibit deception of the consumer with respect to such products or the quantity thereof, (2) as will provide the consumer with adequate information as to *** the net contents of the package, Regulations are codified in title 27 of the Code of Federal Regu lations, and are comprehensive in scope. Wine, distilled spirits, and malt beverages are treated separately. Among pertinent provisions are these: Required statements shall be on a contrasting background (wine, $4.38; distilled spirits, $5.40; malt beverages, $7.28); size of type is prescribed (wine, § 4.38; distilled spirits, $5.40; malt beverages, $7.28); false and misleading statements are prohibited (wine, $4.39; distilled spirits, § 5.41; malt beverages, § 7.29): standard containers and standards of fill are provided for (wines, $$ 4.71 and 4.72; distilled spirits, §§ 5.72 and 5.73); tolerances are specified (wine, § 4.37; distilled spirits, § 5.730); containers shall not be made or formed as to mislead the purchaser (wine, § 4.71; distilled spirits. $ 5.72). 5. Tobacco Tax. § 5723. Packages, marks, labels, notices, and stamps. (a) Packages. All tobacco products and cigarette papers and tubes shall, before removal. be put up in such packages as the Secretary or his delegate shall by regulation prescribe. (b) Marks, labels, notices, and stamps. Every package of tobacco products or cigarette papers or tubes shall, before removal, bear the marks, labels, notices, and stamps, if any, that the Secretary or his delegate by regulation prescribes. (c) Lottery features. No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products or cigarette papers or tubes. (d) Indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products or cigarette papers or tubes. (e) Exceptions. Tobacco products furnished by manufacturers of such products for use or consumption by their employees, or for experimental purposes, and tobacco products and cigarette papers and tubes transferred to the bonded premises of another manufacturer or export warehouse proprietor or released in bond from customs custody for delivery to a manufacturer or tobacco products or cigarette papers and tubes, may be exempted from subsection (a) and (b) in accordance with such regulations as the Secretary or his delegate shall prescribe. Regulation under 26 U.S.C. § 5723 above are found in title 26 of the Code of Federal Regulations. Section 270.144 applying to manufacturers of cigars and cigarettes reads: $270.144 Packages. (a) General. All cigars and cigarettes shall before removal, be put up by the manufacturer in packages which shall bear the stamps, class designation, and mark, as required by this subpart. Such packages shall be of such construction as will securely contain the cigars and cigarettes therein and maintain such stamps, class designation, and mark thereon: Provided, That cigars and cigarettes transferred to another manufacturer of such products, removed for export, furnished for consumption by employees, or used for experimental purposes, shall be exempt from the provisions of this paragraph. (b) Subdivision into parcels. Packages may be subdivided into parcels which shall not bear such stamps, class designation, or the warning of the mark. (c) Lottery features. No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of cigars or cigarettes removed for domestic consumption. (d) Indecent or immoral material. No indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of cigars or cigarettes. Similar provisions are applicable to importers under § 270.100; to manufacturers of tobacco under § 275.134; and to importers under § 275.180; to manufacturers of cigarette papers and tubes (§ 285.121), and to importers (§ 285.151); to manufacturers of tobacco products and cigarette papers and tubes (§§ 290.181-290.187) and to cigars (§§ 290.248-290.254). BUREAU OF CUSTOMS The packing and stamping of cigars, cigarettes, medicinal preparations, perfumery, manufactured tobacco, cigarette papers and tubes, playing cards, oleomargarine, distilled spirits, wines and malt liquors, is provided for by 19 C.F.R. §§ 11.1-11.7. Certain markings are required by succeeding sections (§§ 11.8-11.13), which relate mainly to country of origin, fiber content of wool products, composition of fur products, and the labeling of textile fiber products. COAST GUARD Explosives: Regulations of the Coast Guard pertaining to the transportation or storage of explosives or other dangerous articles or substances, and combustible liquids on board vessels are codified as part 146 and 147 of the Code of Federal Regulations and comprise some 700 pages of regulations. Packing, marking, and labeling requirements are treated under §§ 146.05-1 through 146.06-20. Among subjects treated under these sections are acceptable shipments, prohibited packing, prescribed containers, various specification containers, shipping papers, and labels. INTERSTATE COMMERCE COMMISSION Explosives and other dangerous articles (references are to title 49, Codes of Federal Regulations): The regulations of the Interstate Commerce Commission relating to the transportation of explosives and other dangerous articles are set forth in parts 71 through 78 of title 49 of the Code of Federal Regulations. The purpose of these regulations is to promote the uniform enforcement of law and to minimize the dangers to life and property incident to the transportation of explosives and other dangerous articles by common carriers engaged in interstate or foreign commerce. The regulations define these articles for transportation purposes, state the precautions that must be observed by the shipper in preparing them for shipment by rail freight, rail express, rail baggage, highway, water, or by air carrier. Explosives and other dangerous articles may be offered to carriers for transportation provided the articles are in proper condition for transportation, are as defined, and are packed, marked, labeled, described, certified, and otherwise as provided for in the regulations. Articles must be loaded and stayed in accordance with these regulations. Methods of manufacture, packing, and storage, insofar as they affect safety in transportation, must be open to inspection by a duly authorized representative of the initial carrier or of the Bureau of Explosives. Shipments that do not comply with regulations must not be offered for transportation (§ 73.1). FEDERAL AVIATION AGENCY Explosives; shipping requirements (references are to title 14, Code of Federal Regulations): § 49.11. Packing and marking requirements. Unless otherwise specifically provided in this part, explosives and other dangerous articles shall be packed and marked in accordance with the requirements prescribed in Parts 72, 73, and 78 of the I.C.C. Regulations (49 C.F.R. Parts 72, 73, 78) as are applicable to rail express. § 49.12. Labeling requirements. Unless otherwise specifically provided in this part, explosives and other dangerous articles acceptable under the provisions of this part for transportation in air commerce shall be labeled by the shipper with the appropriate label specified in the I.C.C. Regulations even though they may be exempt from I.C.C. labeling requirements by virtue of I.C.C. quantity and packing limitations (14 C.F.R. § 49.11). POST OFFICE DEPARTMENT Transmission of articles through the mails (18 U.S.C. § 1716): *** The Postmaster General may permit the transmission in the mails, under such rules and regulations as he shall prescribe as to preparation and packing of any such articles which are not outwardly or of their own force dangerous or injurious to life, health or property. Consideration will now be given to such of the above laws and regulations as seem pertinent to the areas of interest named by the committee. 1. Obscure net weight designation. The principal law dealing with packaged goods is the Federal Food, Drug, and Cosmetic Act of 1938. Under provisions relating to the misbranding of food, a food will be deemed misbranded (1) if it is in package form and fails to bear a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, and (2) if any mandatory information is not prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use (21 U.S.C. § 343 (e), (f)). (The FDA does not have authority to issue regulations having the force and effect of law regarding the provisions of this section. The regulations referred to are only advisory in nature.) The regulations (31 C.F.R. §1.9) set forth several grounds which may affect the prominence of the required statements. These may be summarized briefly as follows: (1) The required statements should appear on the part of the container which is presented or displayed under the usual conditions of sale; (2) Where the package has several parts or panels, any of which is likely to be the part or panel displayed, the statements should be repeated on each of such available panels; (3) The label should extend over the area of the package available for such extension so as to provide sufficient space for the prominent placing of the statements; (4) Insufficiency of label space should not result from the use of such space for nonrequired statements; (5) Insufficiency of label space should not result from the use of such space "to give materially greater conspicuousness to any other word, statement, or information; and (6) The prominence of required statements should not be affected by (a) Smallness or style of type, (b) insufficient background contrast, (c) obscuring designs or vignettes, or (d) crowding with other written, painted, or graphic matter. No exemption depending on insufficiency of label space shall apply if such insufficiency is caused by-- (1) The use of label space for any word, statement, design, or device which is not required by the statute to appear upon the label. (2) The use of label space to give greater prominence to any word, statement, or other information than the law requires. (3) The use of label space for any representation in a foreign language. Certain other laws referred to above deal with conspicuousness of the net weight statement but in much less detail. For example the label for poultry shall bear in distinctly legible form the net weight or other appropriate measure of contents; the statement of quantity of content regarding pet foods shall be prominently displayed: each carton of process or renovated butter shall bear a plain and conspicuous statement of the net weight of the contents; and the mandatory label information for wine and distilled spirits, which includes a net content statement, shall be in readily legible script, type, or printing not smaller than 8-point Gothic caps except that if contained among other descriptive or explanatory reading matter the required material shall be of a size substantially more conspicuous than such other descriptive or explanatory reading matter. Containers of less than one |