2. COLLAPSIBLE TIN, TIN-COATED AND ALLOY TUBES Conservation Order M-115 issued April 1, 1942 (7 F.R. 2537), restricted the use of tubes under the above heading to (a) medicinal and pharmaceutical ointments and other preparations extemporaneously compounded or dispensed in manufactured form by pharmacists, (b) ointments and other preparations for ophthalmic use, (c) solutions for hypodermic injections, (d) sulfonamide ointment and blood plasma. (e) diagnostic extracts, and (f) pile pipes.

3. GLASS CONTAINER AND CLOSURE SIMPLIFICATION

Limitation Order L-103 issued May 11, 1942 (7 F.R. 3514) authorized the issuance of schedules establishing simplified practices with respect to designs, weights, sizes, or types of glass containers and closures.

Schedule A thereto (7 F.R. 3514) dealt with distilled spirits. It limited containers to capacities of 1 quart, four-fifths quart, 1 pint, and one-half pint. Containers for cordials, cocktails, and specialties were limited to one-half pint.

Schedule B (7 F.R. 3515) was concerned with malt beverages. It limited containers therefor to 12 fluid ounces; 1 quart; and one-half gallon.

Schedule C (7 F.R. 7231) prescribed several different sizes of containers for preserves and jelly.

Schedule D (7 F.R. 7231) fixed the capacities of containers for the packaging of wine: 1 gallon; one-half gallon; 26 fluid ounces champagne; 13 fluid ounces champagne; 1 quart, flat bottom; four-fifths quart, push-up bottom; four-fifths quart, flat bottom; four-fifths pint, flat bottom; 1 pint, flat bottom.

Schedule E 7 F.R. 10218) prescribed standard glass containers for paints, varnishes, lacquers, shellacs, stains, linseed oil, turpentine, benzine, mineral spirits, varnish and paint removers, thinners, and driers. Such containers were to conform to certain exhibits set out in the schedule.

4. CANS MADE OF BLACK PLATE

Conservation Order M-136 issued July 22, 1942 (7 F.R. 5642), fixed the capacities of cans to be used in packaging 20 different nonfood products.

5. STEEL SHIPPING DRUMS

Limitation Order L-197 issued September 14, 1942 (7 F.R. 7238), lists 136 nonfood commodities that are not to be packaged in steel drums.

6. FLUID MILK SHIPPING CONTAINERS

Conservation Order M-200 issued October 1, 1942 (7 F.R. 7808), fixes the capacities for this type of container at 4 quarts, 8 quarts, 10 quarts, 12 quarts, 32 quarts, and 20 quarts and 40 quarts.

7. TEXTILE SHIPPING BAGS

Conservation Order M-221 issued November 2, 1942 (7 F.R. 8871), restricted the use of bags under this heading. The use of new bags was limited to packing of certain products: Barley; beans and peas; chemicals (other than fertilizer); dairy products; mohair; potatoes; rice; salt (rock), seeds, feeds, and meals for animal consumption; fruits (dried); nuts; sponges; starch; sugar (raw); wheat; wool and wool products. Certain restrictions were imposed on the use of used bags.

8. GROCERS AND VARIETY BAGS

Limitation Order L-261 issued February 27, 1943 (8 F.R. 2577), was concerned with the type, size, and paper specifications for manufacturing stock grocers and variety bags. Grocers general usage bags were of four different types: (a) Self-opening, (b) square, (c) flat, and (d) sack (satchel bottom). Several different pound sizes were permitted under each type: (a) Self-opening, one-half, 1, 2, 3, 4, 5, 6, 8, 10, 12, 14, 20, and 25 pound; (b) flat, 3, 5, 7, 10, 14, and 20 pound; and (c) square, one-half, 1, 2, 3, 4, 5, 6, 7, 10, 12, 14, 20, and 25 pound; and (d) sack, one-eighth barrel poultry, one-sixth barrel bundle, and one-fourth barrel standard.

As to variety bags the normal usage listed therefor was the packaging of candy, garments, pants, laundry, liquor bottles, notions, millinery, shopping, and extra heavy duty (sugar). There was some variation in the sizes prescribed under this heading. Sizes fixed for heavy duty were 1, 2, 3, 4, 5, 6, 8, 10, 12, 16, 20, and 25 pounds. was, of course, less variation in variety bags for other uses.

9. FOLDING AND SETUP BOXES

There

Limitation Order L-239 of January 8, 1943 (8 F.R. 358), restricted the manufacture and use of boxes under this heading. Schedules 1 through 4 accompanying this order dealt with food boxes, beverage and tobacco boxes, retail boxes, boxes for paper products, and sporting goods boxes, respectively.

With respect to food boxes, the manufacture of any box for packaging butter, lard, oleomargarine, or similar products with a capacity of less than 1 pound was not permitted; the capacity of boxes for direct factory packed ice cream was fixed at 1 pint, 1 quart, 212 gallons or larger than 21⁄2 gallons; restrictions on packing crackers and baked goods were imposed, and the manufacture of boxes therefor could not exceed maximum specifications set forth in the order.

The manufacture of boxes for packaging alcoholic beverages was not permitted.

The manufacture of retail boxes was restricted to those set forth in schedule III of this order. Specifications as to length, width, depth, and lid depth were provided for 75 different boxes.

Restrictions on the use of boxes for paper products generally dealt with the quality of paper to be used rather than size of container.

The manufacture of boxes for packaging less than 12 golf, tennis, or baseballs was not permitted.

22-185-63-pt. 3-7

10. WOODEN CONTAINERS FOR FRUITS AND VEGETABLES

Limitation Order L-232 of March 1, 1943 (8 F.R. 2591), required that the manufacture of hampers, baskets, berry cups, and other wooden containers conform to the specifications there set forth. The dry capacity for hampers, baskets, and berry cups was as follows: (1) Hampers, one-half, five-eighths, and 1 bushel; (2) round stave baskets, one-half, and 1 bushel; (3) splint baskets (square braid only), 8, 12, and 16 quarts; (4) splint baskets (square-braid aand slab only) 24 quarts; (5) climax baskets, 4 and 12 quarts; (6) till baskets (oblong only), 2 and 4 quarts; (7) till baskets (square only) 3 quarts; and (8) berry cups, one-half pint, 1 pint, 1 quart. In addition to the foregoing, specifications for the inside depth, width, and length of wooden containers for 64 different fruits and vegetables were set forth.

11. PAPER SHIPPING SACKS

Limitation Order L-279 issued June 11, 1943 (8 F.R. 7898), restricted the manufacture of paper shipping sacks designed for packing certain commodities. Sizes of sacks were fixed at 2, 5, 10, 25, and 100 pounds for beans, flour (milled wheat), meal, plaster (gypsum), processed feed (mixed, mill), starch, and sugar. Other sack sizes and commodities were: Cement (standard portland) 94 pounds; potatoes, 2, 5, 10, 15, 25, 50, and 100 pounds: rice, 2, 3, 5, 10, 15, 25, 50, and 100 pounds; salt, 2, 4, 10, 25, 50, and 100 pounds; seeds 2, 5, 10, 25, 50, 100 pounds and 1 and 2 bushels.

12. SPECIALTY BAGS (PAPER)

Limitation Order L-302 of June 22, 1943 (8 F.R. 8598), defines "specialty bag" and "bottle carryout bag." The manufacture of the latter type was prohibited.

13. FIBER SHIPPING CONTAINERS

Limitation Order L-317 of October 11, 1943 (8 F.R. 13901), prohibits the manufacture of certain types of containers and specifies numerous prohibited uses. The manufacture of the following types of containers from corrugated or solid fiber (0.060 or heavier) was prohibited: (a) Bottle and can carryouts, (b) counter boxes, (e) dis play shippers, (d) laundry boxes and laundry shells, and (e) retail gift boxes. Prohibited uses may be grouped under the headings of (1) paper products, (2) fresh vegetables, (3) building materials, (4) textiles, (5) hardware, (6) leather products, (7) glass products, (8) clothing, and (9) horticultural items.

14. PAPER CUPS AND PAPER FOOD CONTAINERS

Limitation Order L-336 of June 1, 1944 (9 F.R. 5978), prohibited the sale and commercial use of paper cups for these purposes: (1) Packages of cups for retail sales, (2) hot-drink cups for any purpose other than in-plant feeding, (3) hot-drink cups for serving cold foods or beverages, (4) paper cups to be served with individual bottled

beverages in paper or glass containers (except for in-train feeding), and (5) portion control cups for party favors, or in any other form, for sale through retail stores.

IV

SELECTED FOREIGN JURISDICTIONS

A. CANADA

Current Canadian laws regarding deceptive packaging and labelling practices are found in the consolidation of the Food and Drug Act (1953) and Food and Drug Regulations (1954). This combined document has been recently revised to include all subsequent amendments. The laws, based on those put forth earlier in the Food and Drug Act of 1938, parallel our own in large part. They set out similar broad ground rules for the manufacture and sale of foods, drugs, cosmetics, and devices. They include extensive lists of particular products with standards of identity for each. They are promulgated under the authority of the National Department of Health and Welfare and are enforced by the appointed inspectors of this same organization. But they extend somewhat further in defining the realm of deceptive packaging and labeling than do our own.

Interpretation

FOOD AND DRUGS ACT

2. (a) advertisement-“"any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic, or device;"

(c) cosmetic-"any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes;"

(d) department-"Department of National Health and Welfare;"

(e) device "any instrument, apparatus or contrivance, including components, parts, and accessories thereof, manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof, in man or animal;"

(f) drug-"any substance or mixture of substances manufactured, sold or represented for use in

"(i) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof, in man or animal, “(ii) restoring, correcting or modifying organic functions in man or animal, or

"(iii) disinfection in premises in which food is manufactured, prepared or kept, or for the control of vermin in such premises;"

(g) food "any article manufactured, sold or represented for use as food or drink for man, chewing gum, and any ingredient that may be mixed with food for any purpose whatever;"

(h) inspector-"any person designated as a Food and Drug Inspector under subsection (2) of sec. 24;"

(i) label "any legend, word or mark attached to, including in, belonging to or accompanying any food, drug, cosmetic, device, or package;"

(j) Minister-"Minister of National Health and Welfare;"

(k) package-"anything in which any food, drug, cosmetic, or device is wholly or partly contained, placed or packed;"

(m) sell "sell, offer for sale, expose for sale, have in possession for sale, and distribute."

1 The definitions of "foods," "drugs," cosmetics," and "devices" are different from our

own.

PART I

Food

"5. (1) No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

"(2) An article of food that is not labeled or packaged as required by the regulations, or is labelled or packaged contrary to the regulations, shall be deemed to be labelled or packaged contrary to subsection (1).

"6. Where a standard has been prescribed for a food, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for such food, unless the article complies with the prescribed standard." Cosmetics

16. "Where a standard has been prescribed for a cosmetic, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for such cosmetic, unless the article complies with the prescribed standard."

Powers of Inspectors

PART II

21. (1) An inspector may at any reasonable time

(a) enter any place where any reasonable grounds he believes any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, examine any such article and take samples thereof, and examine anything that he reasonably believes is used or capable of being used for such manufacture, preparation, preservation, packaging or storing;

(b) open and examine any receptacle or package that on reasonable grounds he believes contains any article to which this Act or the regulations apply;

(c) examine any books, documents or other records found in any place mentioned in paragraph (a) that on reasonable grounds he believes contain any information relevant to the enforcement of this Act with respect to any article to which this Act or the regulations apply and make copies thereof or extracts therefrom; and

(d) seize and detain for such time as may be necessary any article by means of or in relation to which he reasonably believes any provision of this Act or the regulations have been violated.

(2) For the purposes of subsection (1), the expression "article to which this Act or the regulations apply" includes

(a) any food, drug, cosmetic or device,

(b) anything used for the manufacture, preparation, preservation, packaging or storing thereof, and

(c) any labelling or advertising material.

(3) An inspector shall be furnished with a prescribed certificate of designation and on entering any place pursuant to subsection (1) shall if so required produce the certificate to the person in charge thereof.

(4) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance in his power and furnish him with such information as he may reasonably require.

(5) No person shall obstruct an inspector in the carrying out of his duties under this Act or the regulations.

(6) No person shall knowingly make any false or misleading statement either verbally or in writing to any inspector engaged in carrying out his duties under this Act or the regulations.

(8) Any article seized under this Act may at the option of an inspector be kept or stored in the building or place where it was seized or may at the direction of an inspector be removed to any other proper place.

Forfeiture

22. (1) An inspector shall release any article seized by him under this Act when he is satisfied that all the provisions of this Act and the regulations with respect thereto have been complied with.