Under Section 22 above, variations shall not be permitted to such extent that the average of the quantities in the packages comprising a lot, shipment, or other delivery of food is below the quantity stated, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same lot, shipment, or delivery compensate for such shortage. The extent of variations from the stated quantity of the contents permissible under Sections 1, 2, and 3 of this regulation in the case of each lot, shipment, or other delivery shall be determined by the facts in such case (regulation No. 526). 9. Misuse of "cents off" promotions. No provisions. 10. Misleading quantity terminology such as "jumbo," etc. No provision. Annotated Statutes. MINNESOTA Regulations under food law examined. The misbranding provisions of the food law are similar to those of the Federal Act of 1906. No general provision for the labeling of commodities found. Statements below relate to food. 1. Obscure net weight designation. Food in package form is misbranded if the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of net weight, measure, or numerical count (§ 31.01(5)). Regulation 13 (a) is to the same effect as the above; and regulation 2(d) provides that the mandatory information be printed in type not smaller than 8-point capitals with the proviso that in case the size of the package will not permit the use of 8-point type, the size of the type may be reduced proportionately. 2. Oversized packages. No specific statutory provision found; however, the Commissioner of the Department of Agriculture states that— slack filled packages are deemed to be in violation of the misbranding section of the statutes and that such packages are not permitted to be sold in the State. 3. Multiple package sizes. No provision. Standard packages have been provided for bread, flour meal, and hominy grits. 4. Packaging to price. No provision found. 5. Odd-size packaging. No provision found. 6. Packaging in misleading sizes and shapes. No provision found. 7. Use of misleading art on packages. Food in package form, the package or label of which bears any statement, design, or device regarding such article or the ingredients or substances contained therein, which shall be false or misleading in any particular is deemed misbranded (§ 31.01). The label shall be free from any statement, design or device regard ing the article or the ingredients or substances contained therein which is false or misleading in any particular. The terms "design" and "device" include abbreviations, characters, signs, and pictorial matter of any description (regulation 2 (e)). A food product shall not be labeled or branded in such a manner as to deceive or mislead the purchaser. Direct misstatements and indirect misrepresentations regarding the article or its ingredients by means of designs, devices, or artifices in the arrangement, style, or dress of the package, or in the arrangement of the printed or pictorial matter in or upon the label or package are prohibited (regulation 2(g)). 8. Misrepresenting package contents on label. Quantity of contents must be plainly and conspicuously marked on outside of package. Reasonable variations may be permitted, and tolerances, and also exceptions as to small packages may be established (§ 31.01). Allowed are discrepancies due exclusively to errors in weighing, measuring, or counting which occur in packaging conducted in compliance with good commercial practice; and discrepancies due exclusively to differences in the capacity of bottles and similar containers, resulting solely from unavoidable difficulties in their manufacture; and discrepancies due exclusively to differences in atmospheric conditions in various places, and which unavoidably result from the ordinary and customary exposure of the package to evaporation or to the absorption of water (regulation 13 (i)). 9. Misuse of "cents off" promotions. No provision. 10. Misleading quantity terminology such as "jumbo,” etc. No provision. Code [1942]. MISSISSIPPI Regulations not available for examination. The misbranding provisions of the food law are similar to those of the Federal act of 1906. No general provisions under weights and measures found. Statements below relate to food. 1. Obscure net weight designation. An article shall be deemed to be misbranded If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package (7112). 2. Oversized packages. No provision. 3. Multiple package sizes. No provision. Standard packages have been provided flours, meals, hominy, and grits. 4. Packaging to price. No provision. 5. Odd-size packaging. No provision. 6. Packing in misleading sizes and shapes. No provision. 7. Use of misbranding art. A food is misbranded if the package containing it or its label shall bear any statement, design, or device regarding the ingredients of the substances contained therein, which statement, design, or device shall be false in any particular (§ 7111). 8. Misrepresenting package contents on label. If the contents are stated in terms of weight or measure they must be plainly and correctly stated on the outside of the package (87112). No provision found for variations. 9. Misuse of "cents off" promotions. No provisions. 10. Misleading quantity terminology such as "jumbo,” etc. No provision. MISSOURI Annotated Statutes [Vernon's]. Regulations under the food law (§ 196.010 et seq.), and under weights and measures, examined. The food law in its pertinent provisions and regulations are similar to the existing Federal act. Statements below relate to commodities generally. 1. Obscure net weight designation. Any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of the net quantity of the contents in terms of weight, measure, or count (§ 413.265). Regulations promulgated under this section relating to the prominence of declarations (regulation No. 4 (15)) are similar to those promulgated under the Federal Food, Drug, and Cosmetic Act (21 C.F.R. § 1.8 subsections 1 through 6). 2. Oversized packages. Regulations prescribing reasonable standards of fill for any commodity in package form are authorized (§ 413.335). No commodity in package form shall be so filled as to mislead the purchaser as to the quantity of the contents (§ 413.415). And the contents of a container shall not fall below such reasonable standards of fill as may have been prescribed for the commodity in question (ibid). 3. Multiple package size. No provisions. Standard packages have been provided for flour, cornmeal, hominy grits, bread, butter, oleomargarine, margarine, fluid dairy products, berries, and small fruit. 4. Packing to price. No provision. 5. Ódd-size packaging. No provision. 6. Packaging in misleading sizes and shapes. A commodity in package form shall not 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 (§ 413.415). 7. Use of misleading art on package. No provision. 8. Misrepresenting package contents on label. A commodity in package form shall bear a declaration of the net quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations or tolerances shall be allowed, and exemptions provided for small packages, and commodities put up in variable sizes for sale to the consumer intact and customarily not sold as individual units, or weighed or measured at time of sale to consumer (§ 413.265). Pertinent regulations (regulation No. 4 (8) through (13) follow generally those of the Federal Food, Drug, and Cosmetic Act (21 C.F.R. § 1.8 (i) through (m)). 9. Misuse of "cents off" promotions. When any commodity or service is sold by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser (§ 413.420). * 10. Misleading quantity terminology such as "jumbo,” etc. ** the qualifying term "when packed," or words of similar import, shall not be used in connection with the declaration required under the provisions of this section. This is section 413.265 relating to the required declaration of the net quantity of contents. The language quoted does not appear broad enough to ban the practice under consideration. MONTANA Revised Codes Annotated [1947]. Regulations under food law and under weights and measures not available for examination. The food law is similar to the Federal act of 1906. 1. Obscure net weight designation. Food: A food is misbranded— If in the package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package (§ 27-109). Commodities generally: It is unlawful to sell any commodity or article of merchandise in a package or container, without having such package or container labeled in plain, intelligible words and figures, with a correct statement of the net weight, measure, or numerical count of its contents designated where not otherwise provided, by lettering of at least 1⁄2 inch in height (8-point type) (§ 90-132). 2. Oversized packages. No provision. 3. Multiple package sizes. No provision. Standard packages have been provided for bread, butter, oleomargarine, milk, cream, and liquor. 4. Packaging to price. No provision. 6. Packaging in misleading sizes and shapes. Food: See below. Commodities generally: No containers, boxes, or baskets wherein food products or other commodities are packed shall have a false bottom, false side walls, false lid or covering, or be otherwise so constructed as to facilitate the perpetration or deception of fraud (890–132(4)). 7. Use of misleading art on package. Food: The term "misbranded" applies to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular. Commodities generally: No provision. 8. Misrepresenting package contents on label. Food: If contents are stated in terms of weight or measure, they must be correctly stated on the outside of the package. Commodities generally: A correct statement of the net weight, measure, or numerical count of package contents is required. There shall be taken into consideration the usual and ordinary leakage, evaporation, or waste that there may be from the time a package or container is filled by a vendor until he sells the same. A slight variation from the stated weight, measure or quantity for individual packages not to exceed 3% is permissible; provided that the variation is as often above as below the weight, measure or quantity stated (§ 90-132). 9. Misuse of "cents off" promotions. No provision. 10. Misleading quantity terminology such as "jumbo," etc. No provision. Revised Statutes. NEBRASKA Regulations under food law and weights and measures not available for examination. The law relating to the misbranding of food is similar to the Federal act of 1906. The Weights and Measures Law contains no provisions relating to the packaging of commodities in general. Statements below relate to food." 1. Obscure net weight designation. An article shall be deemed to be misbranded in the case of food If in package form, if each package does not have a correct statement, clearly printed on the outside of the package, of the contents and the quantity of the contents in terms of weight, measure or numerical count (§ 81-206). 2. Oversized packages. No provision. 3. Multiple package sizes. No provision. Standard packages have been provided for bread, butter, flour, milk, cream, and liquors. 4. Packaging to price. No provision. 5. Odd-size packaging. No provision. 6. Packaging in misleading sizes and shapes. An article shall be deemed to be misbranded in the case of food ** if it is in a container so made, formed or shaped as likely to deceive or mislead the purchaser as to quantity, quality, size, kind or origin of the food therein (§ 81-206). 7. Use of misleading art on package. The term "misbranded" applies to all articles of food, the package or label of which shall bear any statement, design, or device regarding such article or the ingredients or substance contained therein which shall be false or misleading in any particular (§ 81-206). S. Misrepresenting package contents on the label. Food in package form must bear a correct statement of the contents and the quality of the contents in terms of weight, measure, or numerical count. No provision for variation found. 9. Misuse of "cents off" promotions. No provision. |