Chapter 901:6-3 Labeling and Packaging

901:6-3-01 Application.

The rules in Chapter 901:6-3 of the Administrative Code shall apply to packages, but shall not apply to:

(A) Inner wrappings not intended to be individually sold to the customer.

(B) Shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion apply to packages of consumer or nonconsumer commodities, as defined herein,

(C) Auxiliary containers or outer wrappings used to deliver packages of such commodities to retail customers if such containers or wrappings bear no printed matter pertaining to any particular commodity,

(D) Containers used for retail tray pack displays when the container itself is not intended to be sold (for example, the tray that is used to display individual envelopes of seasonings, gravies, etcetera, and the tray itself is not intended to be sold),

(E) Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by Chapter 901:6-3 of the Administrative Code, or

(F) Beer or intoxicating liquor as defined in section 4301.01 of the Revised Code, or packages thereof, or to malt or brewer's wort as defined in sections 4309.01 of the Revised Code.

Chapter 901:6-3 of the Administrative Code shall not apply to exports for foreign countries.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-02 Definitions.

(A) Package.

Except as modified by rule 901:6-3-01 of the Administrative Code,"Application," the term "package," whether standard package or random package, shall be construed to mean any commodity:

(1) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale, or

(2) Whose weight or measure has been determined in advance of wholesale or retail sale. An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package or packages.

(B) Consumer package: package of consumer commodity.

A "consumer package" or "package of consumer commodity" shall be construed to mean a package that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(C) Nonconsumer package: package of nonconsumer commodity.

A "nonconsumer package" or "package for nonconsumer commodity" shall be construed to mean any package other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution.

(D) Random package.

The term "random package" shall be construed to mean a package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with no fixed pattern of net contents.

(E) Label.

The term "label" shall be construed to mean any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package, except that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be considered a label requiring the repetition of label information required by this chapter.

(F) "Mass" and "weight"

The mass of an object is a measure of its inertial property or the amount of matter it contains. The "weight" of an object is a measure of the force exerted on it by gravity or the force needed to support it. The pull of gravity on the earth gives an object a downward acceleration of about 9.8 M/S. In trade and commerce and everyday use, the term "weight" is often used as a synonym for "mass". The "net mass" or "net weight" declared on a label indicates that the package contains a specific amount of commodity exclusive of wrapping materials.

(G) Principal display panel or panels.

The term "principal display panel" or "panels" shall be construed to mean that part, or those parts, of a label that is, or are, so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, all requirements pertaining to the "principal display panel" shall pertain to all such "principal display panels."

(H) Multi-unit package.

The term "multi-unit package" shall be construed to mean a package containing two or more individual packages of the same commodity, in the same quantity, intended to be sold as a multi-unit package, but where the component packages are labeled individually in full compliance with all requirements of this chapter.

(I) Combination package.

The term "combination package" shall be construed to mean a package intended for retail sale, containing two or more individual packages or units of dissimilar commodities (examples: An antiquing or housecleaning kit; sponge and cleaner; lighter fluid and flints).

(J) Variety package.

The term "variety package" shall be construed to mean a package intended for retail sale, containing two or more individual packages or units of similar, but not identical, commodities. Commodities that are generically the same, but that differ in weight, measure, volume, appearance, or quality, are considered similar but not identical (examples: Two sponges of different sizes; plastic tableware, consisting of four spoons, four knives and four forks).

(K) Petroleum products.

The term "petroleum products" shall be construed to mean gasoline, diesel fuel, kerosene, or any product (whether or not such a product is actually derived from naturally occurring hydrocarbon mixtures known as "petroleum") commonly used in powering, lubricating, or idling engines or other devices, or is labeled as fuel to power camping stoves or lights. Therefore, sewing machine lubricant, camping fuels, and synthetic motor oil are "petroleum products" for the purposes of this rule. Brake fluid, copier machine dispersant, antifreeze, cleaning solvents, and alcohol are not "petroleum products."

(L) Spot label.

The term "spot label" shall be construed to mean a label, clearly defined by means of a border, indentation, or other means, that covers only a small portion of the surface of a principal display panel of a package; the entire portion of the principal display panel outside the area of the label contains no printed or graphic matter of any kind. A spot label may contain all required labeling information (identity, responsibility, and net contents), but it shall at least indicate the identity and net contents. See paragraph (CC) of rule 901:6-3-11 of the Administrative Code for net contents placement exemption for a spot label.

(M) Header strip.

The term "header strip" or "header label" shall be construed to mean a label that is attached across the top of a transparent or opaque bag or other container that bears no other printed or graphic material. See paragraph (DD) of rule 901:6-3-11 of the Administrative Code for net contents placement exemptions.

(N) Standard package.

The term "standard package" shall be construed to mean a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations (examples: One-liter bottles or twelve-fluid ounce cans of carbonated soda, five hundred-gram or five-pound bags of sugar, or one hundred-meter packages of rope).

(O) SI or SI units.

The term "SI" or "SI units" means the "International System of Units" as established in 1960 by the "General Conference on Weights and Measures" and interpreted or modified for the United States by the secretary of commerce [see Metric Conversion Act of 1975, section 3(1) and section 4(4), and "National Institute of Standards and Technology Special Publication 814, `Metric System of Measurement; Interpretation of the International System of Units for the United States,'" or the Federal Register of December 20, 1990 (FR 90-21913)].

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-03 Declaration of identity: consumer package.

(A) Declaration of identity: consumer package.

A separate declaration of identity on a consumer package shall appear on the principal display panel, and shall not either misleading or deceptive; or tend to mislead or deceive the identity shall be in terms of:

(1) The name specified in or required by any applicable federal or state law or rule; or, in the absence of this,

(2) The common or usual name, or, in the absence of this,

(3) The generic name or other appropriate description, including a statement of function (such as "cleaning powder").

(B) Parallel identity declaration: consumer package.

A declaration of the identity on a consumer package shall appear generally parallel to the base on which the package rests as it is designed to be displayed.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-04 Declaration of identity: nonconsumer package.

A declaration of identity on a nonconsumer package shall appear on the outside of a package and shall not either misleading deceptive; or tend to mislead or deceive the identity shall be in terms of:

(A) The name specified in or required by any applicable federal or state law or rule;, or, in the absence of this,

(B) The common or usual name, or, in the absence of this,

(C) The generic name or other appropriate description, including a statement of function (such as "cleaning powder").

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-05 Declaration of responsibility: consumer and nonconsumer packages.

(A) Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state or country if outside the United States, and zip code or the mailing code, if any, used in countries other than the United States; however, the street address may be omitted if this is shown in a current city directory or telephone directory.

(B) If a person manufactures, packs, or distributes a commodity at a place other than his principal place of business the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading. Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as "Manufactured for and packed by ______________________," "Distributed by ___________," or any other wording of similar import that expresses the facts.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-06 Declaration of quantity: consumer packages.

(A) General.

The "International System of Units" (SI) (see paragraph (O) of rule 901:6-3-02 of the Administrative Code), known as the metric system, and the inch-pound system of weights and measures, are recognized as proper systems to be used in the declaration of quantity.

(B) Largest whole unit.

Where this rule requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed (following the requirements of paragraphs (J) and (P) of this rule, "Fractions and prefixes" and "Fractions"):

(1) SI units, in decimal fractions of such largest whole unit.

(2) Inch-pound units:

(a) In common or decimal fractions of such largest whole unit, or

(b) In the next smaller whole unit, or units, with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.

(C) Net quantity.

A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity [except as noted in paragraph (C) of rule 901:6-3-10 of the Administrative Code,"aerosols and similar pressurized containers"], shall appear on the principal display panel of a consumer package and, unless otherwise specified in this chapter (see paragraphs (K) and (M) of this rule for prescribed units), shall be in terms of the largest whole unit.

(D) Use of "net mass" or "net weight."

A quantity declaration may stand alone [for example, "200 G (7 OZ)" or "1 LB (453 G)"] or may include the terms "net mass" or "net weight" either preceding or following the declaration. The term "net" by itself may be used on food labels. However, the quantity of contents shall always declare the net quantity of contents, even when such terms are not used.

(E) Lines of print or type.

A declaration of quantity may appear on one or more lines of print or type.

(F) Terms: weight, liquid measure, or count.

The declaration of the quantity of a particular commodity shall be expressed in terms of:

(1) Liquid measure if the commodity is liquid, or

(2) Weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or

(3) Dry measure if the commodity is dry, or

(4) Numerical count.

However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, provided such traditional declaration gives accurate and adequate information as to the quantity of the commodity. Any net content statement that does not permit price and quantity comparisons is forbidden.

(G) Combination declaration.

(1) A declaration of quantity in terms of weight shall be combined with appropriate declarations of the measure, count, and size of the individual units unless a declaration of weight alone is fully informative.

(2) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the weight, count, and size of the individual units unless a declaration of measure alone is fully informative.

(3) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, measure, and size of the individual units unless a declaration of count alone is fully informative.

(H) SI units: mass, measure.

A declaration of quantity:

(1) In units of mass shall be in terms of the kilogram, gram, or milligram;

(2) In units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at twenty degrees Celsius,

(a) Except in the case of petroleum products or distilled spirits, for which the declaration shall express the volume at 15.6 degrees Celsius, and

(b) Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and

(c) Except also in the case of malt beverages or a commodity that must be maintained in the refrigerated state, for which the declaration shall express the volume at four degrees Celsius;

(3) In units of linear measure shall be in terms of the meter, centimeter, or millimeter;

(4) In units of area measure, shall be in terms of the square meter, square decimeter, square centimeter, or square millimeter;

(5) In units of volume other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter and cubic centimeter shall be used only when specifically designated as a method of sale;

(6) Rule of one thousand.

The selected multiple or submultiple prefixes for SI units shall result in numerical values between one and one thousand. This requirement allows centimeters or millimeters to be used where a length declaration is less than one hundred centimeters (example: "500 G" not " 0.5 kg;" " 1.96 kg" not "1960 g"; "750 mL", not " 0.75 L"; "750 mm" or "75 cm," not " 0.75 m").

(7) SI declarations should be shown in three digits except where the quantity is below one hundred grams, milliliters, centimeters, square centimeters, or cubic centimeters, where it may be shown in two digits. In either case, any final zero appearing to the right of the decimal point need not be shown.

(8) The declaration of net quantity of contents shall not be expressed in mixed units (example: " 1.5 kg," not "1 kg 500 g").

(I) Symbols.

Any of the following symbols for SI units, and none other, may be employed in the quantity statement on a package of commodity:

Unit Symbol Unit Symbol

Centimeter CM Cubic meter M3

Cubic centimeter CM3 Kilogram KG

Meter M Gram G

Milligram MG Millimeter MM

Liter L or L Square meter M2

Milliliter ML or ML Cubic decimeter DM3

Square centimeter CM2 Square decimeter DM2

Micrometer µM

(1) Symbols, except for liter, are not capitalized unless the unit is derived from a proper name. Periods shall not be used after the symbol. Symbols shall always be written in the singular form. Adding "S" to an SI symbol to express the plural of the symbol is prohibited.

(2) The "L" symbol and the "ML" symbol are preferred; however, the "L" symbol for liter and "ML" symbol for milliliter are permitted.

[Note: The "E" mark shall not be considered to be a qualifying word or phrase and may be used as part of the statement of net quantity of contents where warranted. When used, the "E" mark shall be at least three millimeters (approximately one-eighth inch) in height. The term "E" mark refers to the symbol "E" used in connection with the quantity declarations on labels of some consumer commodities marketed primarily in the European union. The "E" mark constitutes a representation by the packer or importer that the package to which it is applied has been filled in accordance with the average system of quantity specified by the European union. The average system is a method of declaring package fill in the European union and other countries of the world, including the United States.]

(J) Fractions and prefixes.

(1) Fractions: an SI statement in a declaration of net quantity of contents of any consumer commodity may contain only decimal fractions.

(2) Prefixes: the following chart indicates SI prefixes that may be used on a broad range of consumer commodity labels to form

Multiples and submultiples of SI units:

Prefix Symbol Multiplying factor

Kilo- K X 103

Deca- ** DA X 10

Deci- *** D X 10-1

Centi- *** C X 10-2

Milli- M X 10-3

Micro-**** µm X 10-6

* 102= 100; 103= 1000; 10-1= 0.01 thus, 2 KG = 2 X 1000 G = 2000 G, and 3 CM = C X 0.01 M = 0.03 M

** Not permitted on food labels.

*** Should only be used with "meter."

**** Shall only be used for measurements less than 1 MM.

(K) Prescribed units, SI.

(1) Less than one meter, one square meter, one kilogram, one cubic meter, or one liter.

The declaration of quantity shall be expressed as follows:

(a) Length measure of less than one meter: in centimeters or millimeters;

(b) Area measure of less than one square meter: in square decimeters and decimal fractions of a square decimeter or in square centimeters and decimal fractions of a square centimeter;

(c) Mass of less than one kilogram: in grams and decimal fractions of a gram, but if less than one gram, then in milligrams;

(d) Liquid or dry measure of less than one liter: in milliliters;

(e) Cubic measure less than one cubic meter: in cubic centimeters, or cubic decimeters (liters) [see paragraph (K) of rule 901:6-3-10 of the Administrative Code,"statements of cubic measure in compressed form"];

(f) Provided, the quantity declaration appearing on a random mass package may be expressed in terms of decimal fraction of the largest appropriate unit, the fraction being carried out to not more than three decimal places.

(2) One meter, one square meter, one kilogram, one liter, one cubic meter, or more.

In the case of:

(a) Length measure of one meter or more: in meters and decimal fractions to not more than three places;

(b) Area measure of one square meter or more: in square meters and decimal fractions to not more than three places;

(c) Mass of one kilogram or more: in kilograms and decimal fractions to not more than three places;

(d) Liquid or dry measure of one liter or more: in liters and decimal fractions to not more than three places;

(e) Cubic measures of one cubic meter or more: in cubic meters and decimal fractions to not more than three places [see paragraph (K) of rule 901-6-3-10 of the Administrative Code,"statements of cubic measure in compressed form."].

(L) Inch-pound units: weight, measure.

a declaration of quantity:

(1) In units of weight shall be in terms of the avoirdupois pound or ounce;

(2) In units of liquid measure shall be in terms of the United States gallon of two hundred thirty-one cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at sixty-eight degrees Fahrenheit;

(a) Except in the case of petroleum products and distilled spirits, for which the declaration shall express the volume at sixty degrees Fahrenheit, and

(b) Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and

(c) Except also in the case of a commodity that must be maintained in the refrigerated state, for which the declaration shall express the volume at forty degrees Fahrenheit, and

(d) Except also in the case of malt beverages, for which the declaration shall express the volume at 39.1 degrees Fahrenheit;

(3) In units of linear measure shall be in terms of the yard, foot, or inch;

(4) In units of area measure, shall be in terms of the square yard, square foot, or square inch;

(5) In units of volume measure, shall be in terms of the cubic yard, cubic foot, or cubic inch [see paragraph (K) of rule 901:6-3-10 of the Administrative Code,"statements of cubic measure in compressed form"];

(6) In units of dry measure, shall be in terms of the United States bushel of 2, 150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel [see paragraph (K) of rule 901:6-3-10 of the Administrative Code,"statements of cubic measure in compressed form"].

(7) Symbols and abbreviations.

Any of the following symbols and abbreviations, and none other, shall be employed in the quantity statement on a package of commodity:

Unit Symbol Unit Symbol

Avoirdupois AVDP Ounce OZ

Piece PC Count CT

Pint PT Cubic CU

Pound LB Each EA

Feet or foot FT Quart QT

Fluid FL Square SQ

Gallon GAL Weight WT

Inch IN Yard YD

Liquid LIQ Drained DR

Diameter DIA

A period should not be used after the abbreviation. Abbreviations should be written in singular form, and "S" should not be added to express the plural. For example, "OZ" is the symbol for both "OUNCE" and "ounces." Both upper and lower case letters are acceptable.

(8) Units with two or more meanings.

When the term "ounce" is employed in a declaration of liquid quantity, the declaration shall identify the particular meaning of the term by the use of the term "fluid;" however, such distinction may be omitted when, by association of terms (for example, as in "1 pint 4 ounces"), the proper meaning is obvious. Whenever the declaration of quantity is in terms of the dry pint or dry quart, the declaration shall include the word "dry."

(M) Prescribed units, inch-pound system.

(1) Less than one foot, one square foot, one pound, or one pint.

The declaration of quantity shall be expressed in terms of:

(a) In the case of length measure of less than one foot, in inches and fractions of inches;

(b) In the case of area measure of less than one square foot, in square inches and fractions of square inches;

(c) In the case of weight of less than one pound, in ounces and fractions of ounces;

(d) In the case of liquid measure of less than one pint, in fluid ounces and fractions of fluid ounces;

(e) Provided, that the quantity declaration appearing on a random package may be expressed in terms of decimal fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.

(2) One foot, one square foot, one pound, one pint, one gallon or more.

The declaration of quantity shall be expressed [see paragraph (B)(2) of this rule, "largest whole unit, inch-pound units," and paragraph (P) of this rule, "Fractions"]:

(a) Linear measure.

If one foot or more, expressed in terms of the largest whole unit (a yard or a foot) with any remainder expressed in inches, and fractions if the inch, or in fractions of the foot or yard, except that it shall be optional to include a statement of length in inches.

(b) Area measure.

(i) If one square foot or more, but less than four square feet, expressed in square feet with any remainder expressed in square inches and fractions of a square inch or in fractions of a square foot;

(ii) If four square feet or more, expressed in terms of the largest whole unit (square yards or square feet), with any remainder expressed in square inches and fractions of a square inch, or in fractions of the square foot or square yard.

(c) Weight.

If one pound or more, expressed in terms of the largest whole unit with any remainder expressed in ounces and fractions of an ounce or in fractions of the pound.

(d) Liquid volume.

(i) If one pint or more, but less than one gallon, expressed in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder expressed in fluid ounces, or fractions of the pint or quart, except that two quarts may be declared as one-half gallon and it shall be optional to include an additional expression of net quantity in fluid ounces; or

(ii) If one gallon or more, expressed in terms of the largest whole unit (gallons followed by fractions of a gallon, or by the next smaller whole unit or units, for example, quarts and pints), with any remainder expressed in fluid ounces, or fractions of the pint or quart, except that it shall be optional to include an additional expression of net quantity in fluid ounces.

(e) Dry measure.

If one dry pint or more, expressed in terms of the largest whole unit with the remainder expressed in fractions of a dry pint, dry quart, peck, or bushel.

(f) Provided, the declaration of quantity on a random package be expressed in decimal fractions of the largest appropriate unit, carried out to no more than three decimal places.

(N) Bidimensional commodities.

For bidimensional commodities (including roll-type commodities) the quantity declaration shall be expressed in both SI and inch-pound units of measurement as follows:

(1) If the area is less than nine hundred twenty-nine square centimeters (one square foot), in terms of length and width (expressed in the largest whole unit for SI and in linear inches and fractions of linear inches for inch-pound) [example: " 20.3 CM X 25.4 CM (8 IN X 10 IN)"];

(2) If the area is at least nine hundred twenty-nine square centimeters (one square foot) but less than 37.1 square decimeters (four square feet), in terms of area (expressed in the largest whole unit for SI and in square inches for inch-pound), followed by a declaration of the length and width, in terms of the largest whole unit [example: "31 DM2(49 CM X 64 CM) 3.36 SQ FT ( 1.6 FT X 2.1 FT)"], provided:

(a) For bidimensional commodities having a width of ten centimeters (four inches) or less, the declaration of net quantity shall be expressed in terms of width and length in linear measure; no declaration of area is required,

(b) An inch-pound dimension of less than two feet may be stated in inches,

(c) Commodities consisting of usable individual units (for example, paper napkins) require a declaration of unit area but not a declaration of total area of all such units (except roll-type commodities with individual usable units created by perforations, for which see paragraph (O) of this rule, "count: ply," and

(d) For inch-pound declarations, it shall be optional to include, after the statement of the linear dimensions in the largest whole unit, a parenthetical declaration of the same dimensions in inches [example: "25 sq ft (12 in x 8.33 yd) (12 in x 300 in)"].

(3) If the area is 37.1 square decimeters (four square feet) or more, in terms of area (expressed in the largest whole unit for SI and in square feet for inch-pound), followed by a declaration of the length and width in terms of the largest whole unit, provided:

(a) No declaration of area is required for a bidimensional commodity with a width of ten centimeters (four inches) or less,

(b) For bidimensional commodities with a width of ten centimeters (four inches) or less, the inch-pound statement of width shall be expressed in terms of linear inches and fractions thereof, and length shall be expressed in the largest whole unit (yard or foot) with any remainder in terms of fractions of the yard or foot, except that it shall be optional to express the length in the largest whole unit followed by a statement of length in inches or to express the length in inches followed by a statement of length in the largest whole unit [examples: "5 cm x 9.14 m (2 in x 10 yd)," or "5 cm x 9.14 m (2 in x 10 yd) (360 in)," or "5 cm x 9.14 m (2 in x 360 in) (10 yd)"],

(c) An inch-pound dimension of less than two feet may be stated in inches, and

(4) No declaration of area is required for commodities for which the length and width measurements are critical in terms of end use (such as wallpaper border) if such commodities clearly present the length and width measurements on the label.

(O) Count: ply.

(1) If the commodity is in individually usable units of one or more components or plies, the quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this chapter, include the number of plies and the total number of usable units.

(2) Roll-type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up of usable units; However, such roll-type commodities shall be labeled in terms of:

(a) Total area measurement,

(b) Number of plies,

(c) Count of usable units, and

(d) Dimensions of a single usable unit.

(P) Fractions.

(1) Inch-pound: an inch-pound statement of net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds, except that:

(a) If there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity, they may be employed, and

(b) If linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.

(2) Common fractions: a common fraction shall be reduced to its lowest term (example: 2/4 becomes 1/2).

(3) Decimal fractions: a decimal fraction shall not be carried out to more than three places.

(Q) Supplementary quantity declarations.

The required quantity declaration may be supplemented by one or more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel. Such supplemental statement of quantity of contents shall not include any terms qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity contained in the package (for example, "giant" quart, "larger" liter, "full" gallon, "when packed," "minimum," or words of similar import).

(R) Rounding.

(1) In all conversions for the purpose of showing an equivalent SI or inch-pound quantity to a rounded inch-pound or SI quantity, or in calculated values to be declared in the net quantity statement, the number of significant digits retained must be such that accuracy is neither sacrificed nor exaggerated. Conversions, the proper use of significant digits, and rounding must be based on the packer's knowledge of the accuracy of the original measurement that is being converted.

(2) In no case shall rounded net contents declarations overstate a quantity; the packer may round converted values down to avoid overstating the net contents.

[Note: when as a result of rounding SI or customary inch-pound declarations based on conversion factors, the resulting declarations are not exact, the largest number will be used for enforcement purposes to determine whether a package contains at least the declared amount of the product.]

(S) Qualification of declaration prohibited.

In no case shall any declaration of quantity be qualified by the addition of the words "when packed," "minimum," or "not less than," or any words of similar import, nor shall any unit of weight, measure or count be qualified by any term (such as "jumbo", "giant", "full", or the like) that tends to exaggerate the amount of commodity.

(T) Character of declaration: average.

The average quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-07 Declaration of quantity.

(A) General.

The SI and inch-pound systems of weights and measures are recognized as proper systems to be used in the declaration of quantity.

(B) Location.

A nonconsumer package shall bear on the outside a declaration of the net quantity of contents. Such declaration shall be in terms of the largest whole unit.

(C) Terms: weight, liquid measure, dry measure, or count.

The declaration of the quantity of a particular commodity shall be expressed in terms of liquid measure if the commodity is liquid, or in terms of dry measure if the commodity is dry, or in terms of weight if the commodity is solid, semisolid, viscous or a mixture of solid and liquid, or in terms of numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such declaration of quantity may be expressed in its traditional terms, if such traditional declaration gives accurate and adequate information as to the quantity of the commodity.

(D) SI units: mass, measure.

A declaration of quantity:

(1) In units of mass, shall be in terms of the kilogram, gram, or milligram;

(2) In units of liquid measure, shall be in terms of the liter or milliliter, and shall express the volume at twenty degrees Celsius,

(a) Except in the case of petroleum products or distilled spirits, for which the declaration shall express the volume at 15.6 degrees Celsius, and

(b) Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and

(c) Except also in the case of malt beverages or a commodity that is normally sold in the refrigerated state, for which the declaration shall express the volume at four degrees Celsius;

(3) In units of linear measure, shall be in terms of the meter, centimeter, or millimeter;

(4) In units of area measure, shall be in terms of the square meter, square decimeter, square centimeter or square millimeter;

(5) In units of volume other than liquid measure, shall be in terms of the liter and milliliter, except that the terms cubic meter, cubic decimeter and cubic centimeter will be used only when specifically designated as a method of sale;

(6) Rule of one thousand.

The selected multiple or submultiple prefixes for SI units shall result in numerical values between one and one thousand. This requirement allows centimeters or millimeters to be used where a length declaration is less than one hundred centimeters (example: "500 g" not " 0.5 kg;" " 1.96 kg" not "1960 g;" "750 mL", not " 0.75 L;" "750 mm" or "75 cm," not " 0.75 m");

(7) SI declarations should be shown in three digits except where the quantity is below one hundred grams, milliliters, centimeters, square centimeters, or cubic centimeters, where it can be shown in two digits. In either case, any final zero appearing to the right of the decimal point need not be shown;

(8) The declaration of net quantity of contents shall not be expressed in mixed units (example: " 1.5 kg", not "1 kg 500 g");

(9) Symbols: only those symbols as detailed in paragraph (I) of rule 901:6-3-06 of the Administrative Code,"symbols," and none other, may be employed in the quantity statement on a package of commodity;

(E) Inch-pound units: weight, measure.

A declaration of quantity:

(1) In units of weight shall be in terms of the avoirdupois pound or ounce;

(2) In units of liquid measure, shall be in terms of the United States gallon of two hundred thirty-one cubic inches or liquid-quart, liquid-pint, or fluid-ounce subdivisions of the gallon, and shall express the volume at sixty-eight degrees Fahrenheit.

(a) Except in the case of petroleum products, for which the declaration shall express the volume at sixty degrees Fahrenheit, and

(b) Except also in the case of a commodity that is normally sold and consumed while frozen, for which the declaration shall express the volume at the frozen temperature, and

(c) Except also in the case of a commodity that is normally sold in refrigerated state, for which the declaration shall express the volume at forty degrees Fahrenheit, and

(d) Except also in the case of malt beverages, for which the declaration shall express the volume at 39.1 degrees Fahrenheit;

(3) In units of linear measure shall be in terms of the yard, foot, or inch;

(4) In units of area measure, shall be in terms of the square yard, square foot, or square inch;

(5) In units of dry measure shall be in terms of the United States bushel of 2150.42 cubic inches, or peck, dry-quart and dry-pint subdivisions of the bushel;

(6) In units of volume measure shall be in terms of the cubic yard, cubic foot, or cubic inch;

(E) Symbols and abbreviations.

Any generally accepted symbol and abbreviation of a unit name may be employed in the quantity statement on a package of commodity. For commonly accepted abbreviations, see paragraph (L)(7) of rule 901:6-3-02 of the Administrative Code.

(F) Character of declaration: average.

The average quantity of contents in the package of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-08 Prominence and placement: consumer packages.

(A) General.

All information required to appear on a consumer package shall appear thereon in the English language and shall be prominent, definite, and plain, and shall be conspicuous as to size and style of letters and numbers and as to color of letters and numbers in contrast to color of background. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

(B) Location.

The declaration or declarations of quantity of the contents of a package shall appear in the bottom thirty per cent of the principal display panel or panels,

(C) Style of type or lettering.

The declaration or declarations of quantity shall be in such a style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface is permissible when all label information is blown, formed, or molded on the surface.

(D) Color contrast.

The declaration or declarations of quantity shall be in a color that contrasts conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a glass or plastic surface shall not be required to be presented in a contrasting color if no required label information is on the surface in a contrasting color.

(E) Free area.

The area surrounding the quantity declaration shall be free of printed information:

(1) Above and below, by a space equal to at least the height of the lettering in the declaration, and

(2) To the left and right, by a space equal to twice the width of the letter "N" of the style and size of type used in the declaration.

(F) Parallel quantity declaration.

The quantity declaration shall be presented in such a manner as to be generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be displayed.

(G) Calculation of area of principal display panel for purpose of type size.

The area of the principal display panel shall be:

(1) In the case of a rectangular container, one entire side which properly can be considered to be the principal display, panel, the product of the height times the width of that side;

(2) In the case of a cylindrical or nearly cylindrical container, forty per cent of the product of the height of the container times the circumference;

(3) In the case of any other shaped container, forty per cent of the total surface of the container, unless such container presents an obvious principal display panel (for example, the top of a triangular or circular package of cheese, or the top of a can of shoe polish), in which the area shall consist of the entire such surface.

Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of bottles or jars.

(H) Minimum height of numbers and letters.

(1) The height of any letter or number in the required quantity declaration shall be not less than that shown in table 1 with respect to the area of the panel, and the height of each number of a common fraction shall meet one-half the minimum height standards.

(2) When upper and lowercase, or all lower case, letters are used in SI symbols, it is the uppercase "L," lowercase "D," or their equivalent in the print or type that shall meet the minimum height requirement. However, no letter shall be less than 1.6 millimeters (one-sixteenth inch) in height. Other letters and exponents must be presented in the same type style and in proportion to the type size used.

(I) Numbers and letters: proportion.

No number or letter shall be more than three times as high as it is wide.

Table 1. Minimum height of numbers and letters

For Table -- To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-09 Prominence and placement: nonconsumer packages.

All information required to appear on a nonconsumer package shall be definitely and clearly stated thereon in the English language. Any required information that is either in hand lettering or hand script shall be entirely clear and equal to printing in legibility.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.57
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72

901:6-3-10 Requirements: specific consumer commodities, packages, containers.

(A) Display card package.

For an individual package affixed to a display card, or for a commodity and display card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the display card.

(B) Eggs.

When cartons containing twelve eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.

(C) Aerosols and similar pressurized containers.

The declaration of quantity on an aerosol package, and on a similar pressurized package, shall disclose the net quantity of the commodity (including propellant) in terms of weight, that will be expelled when the instructions for use as shown on the container are followed.

(D) Multi-unit packages.

Any package containing more than one individual "commodity in package form" [see paragraph (A) of rule 901:6-3-02 of the Administrative Code] of the same commodity shall bear on the outside of the package a declaration of:

(1) The number of individual units,

(2) The quantity of each individual unit, and

(3) The total quantity of the contents of the multi-unit package [example: soap bars, "6 Bars, Net Wt 100 g ( 3.53 OZ) each; Total Net Wt 600 g ( 1.32 lb)"]. The term "total" or the phrase "total contents" may precede the quantity declaration.

(4) A multi-unit package containing unlabeled individual packages which are not intended for retail sale separate from the multi-unit package may contain, in lieu of the requirements of paragraph (D)(1) of this rule, a declaration of quantity of contents expressing the total quantity of the multi-unit package without regard for inner packaging. For such multi-unit packages it shall be optional to include a statement of the number of individual packages when such a statement is not otherwise required by this chapter.

For example:

(a) Deodorant cakes: "5 Cakes, Net Wt 113 g (4 oz) each, Total Net Wt 566 g ( 1.25 lb)" or "5 Cakes, Total Net Wt 566 g (1 lb 4 oz);" and

(b) Soap packets: "10 Packets, Net Wt 56.6 g (2 oz) each, Total Net Wt 566 g ( 1.25 lb)" or "Net Wt 566 g (1 lb 4 oz)" or "10 Packets, Total Net Wt 566 g (1 lb 4 oz)."

[Note: for foods, a "multi-unit" package shall be construed to mean a package containing two or more individually packaged units of the identical commodity in the same quantity, intended to be sold as part of the multi-unit package but labeled to be individually sold in full compliance with this chapter. Open multi-unit retail food packages under the authority of the United States food and drug administration or the United States department of agriculture that do not obscure the number of units or prevent examination of the labeling on each of the individual units are not required to declare the number of individual units or the total quantity of contents of the multi-unit package, if the labeling of each individual unit complies with requirements so that it is capable of being sold individually. See also paragraphs (K) and (L) of rule 901:6-3-11 of the Administrative Code,"Soft-drink bottles" and "Multi-unit soft-drink packages."]

(E) Combination packages.

A "combination package" is a package intended for retail sale, containing two or more individual packages or units of dissimilar commodities. The declaration of net quantity for a combination package shall contain an expression of weight, volume, measure, or count or a combination thereof, as appropriate, for each individual package or unit, provided the quantity statements for identical packages or units shall be combined. This section does not apply to food or other commodities subject to the federal Food, Drug, and Cosmetic Act. See table 1 for examples.

(F) Variety packages.

A "variety package" shall be construed to mean a package intended for retail sale, containing two or more individual packages or units of similar but not identical commodities. Commodities that are generally the same but that differ in weight, measure, volume, appearance, or quality are considered similar but not identical. This rule does not apply to foods or other commodities subject to the federal Food, Drug, and Cosmetic Act.

The declaration of net quantity for a variety package will be expressed as follows (see table 2 for examples):

(1) The number of units for each identical commodity followed by the weight, volume, or other measure of that commodity;

(2) The total quantity by weight, volume, measure, and count, as appropriate, of the variety package. The statement of total quantity shall appear as the last item in the declaration of net quantity and shall not be of greater prominence than the other terms used.

(G) Cylindrical containers.

In the case of cylindrical or nearly cylindrical containers, information required to appear on the principal display panel shall appear within that forty per cent of the circumference which is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

Table 1. Examples of declaration of net quantity for combination packages

For Table -- To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(H) Measurement of container-type commodities, how expressed.

(1) General.

Commodities designed and sold at retail to be used as containers for other materials or objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:

(a) For bag-type commodities, in terms of count followed by linear dimensions of the bag (whether packaged in a perforated roll or otherwise). The linear dimensions shall be expressed:

(i) In SI units: in millimeters or centimeters, except that a dimension of one meter or more will be expressed in meters with the remainder in terms of decimal fractions of the meter; and

(ii) In inch-pound units: in inches, except that a dimension of two feet or more will be expressed in feet with any remainder in terms of inches or common or decimal fractions of the foot.

(b) When the unit bag is characterized by two dimensions because of the absence of a gusset, the width and length will be stated [examples: "25 bags, 12.7 cm x 10 cm (5 in x 4 in)" or "50 bags, 75 cm x 1.2 m ( 2.5 ft x 3.9 ft)"].

(c) When the unit bag is gusseted, the dimensions will be expressed as width, depth, and length [examples: "25 bags, 43 cm x 10 cm x 50 cm (17 in x 4 in x 20 in)" or "100 bags, 50.8 cm x 30.4 cm x 76.2 cm (20 in x 12 in x 2 1/2 ft)"].

(d) For other square, oblong, rectangular, or similarly shaped containers, in terms of count followed by length, width, and depth, except depth need not be listed when less than five centimeters or two inches. The linear dimensions shall be expressed as specified in paragraph (H)(1)(a) of this rule [example: "2 cake pans, 20 cm x 20 cm (8 in x 8 in)"].

(e) For circular or other generally round-shaped containers, except cups and the like, in terms of count followed by diameter and depth, except depth need not be listed when less than five centimeters or two inches [example: "4 pans, 20 cm (8 in) diameter x 10 cm (4 in)"].

(f) Cups. Notwithstanding the above requirements, the net quantity statement for containers such as cups will be listed in terms of count and liquid capacity per unit [example: "24 Cups, 177 mL (6 fl oz) capacity"].

(2) Capacity.

When the functional use of the container is related by label references in standard terms of measure to the capability of holding a specific quantity of substance or class of substances such references shall be a part of the net quantity statement and shall specify capacity as follows:

(a) In SI units:

In terms of volume for all containers and liners. The expressed capacity will be stated in terms of milliliters, except that a quantity of one liter or more shall be expressed in liters with the remainder in terms of decimal fractions of the liter; and

(b) In inch-pound units:

(i) In terms of liquid measure for containers that are intended to be used for liquids, semisolids, viscous materials, or mixtures of solids and liquids. The expressed capacity will be stated in terms of the largest whole unit (gallon, quart, pint, fluid ounce), with any remainder in terms of common or decimal fractions of that unit [example: freezer boxes-"4 boxes, 946 mL capacity, 15 cm x 15 cm x 10 cm (1 qt capacity, 6 in x 6 in x 4 in"].

(ii) In terms of dry measure for containers that are intended to be used for solids. The expressed capacity will be stated in terms of the largest whole unit (bushel, peck), with any remainder in terms of common or decimal fractions of that unit [example: leaf bags-"8 bags, 211 L capacity, 1.21 m x 1.52 m x 1.52 m (6 bu capacity, 4 ft x 5 ft"].

(iii) Where containers are used as liners for other more permanent containers, in the same terms as are normally used to express the capacity of the more permanent containers [example: garbage can liners-"10 liners, 76.2 cm x 93.9 cm, fits up to 113 L cans (2 ft 6 in x 3 ft 1 in, fits up to 30-gallon cans"].

(3) For purposes of this rule, the use of the terms "capacity," "diameter," and "fluid" is optional.

(I) Textile products, threads, and yarns.

(1) Wearing apparel.

Wearing apparel (including non-textile apparel and accessories such as leather goods and footwear) sold as single-unit items, or if normally sold in pairs (such as hosiery, gloves, and shoes) sold as single-unit pairs, shall be exempt from the requirements for a net quantity statement by count, as required by paragraph (F) of rule 901:6-3-06 of the Administrative Code,"Terms: weight, liquid measure, dry measure, or count."

(2) Textiles. bedsheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, dresser and other furniture scarfs, tablecloths and napkins, flags, curtains, drapes, dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, carpets and rugs, pot holders, fixture and appliance covers, non-rectangular diapers, slip covers, etcetera, shall be exempt from requirements of paragraph (N) of rule 901:6-3-06 of the Administrative Code,"Bidimensional commodities," provided:

(a) The quantity statement for fitted sheets and mattress covers shall state, in centimeters and inches, the length and width of the mattress for which the item is designed, and the size designation of the mattress, if the item is intended to fit a mattress identified as "twin," "double," "king," "california king," etcetera [example: "Double sheet for 137 cm x 190 cm (54 in x 75 in) mattress"].

(b) The quantity statement for flat sheets shall state the size designation of the mattress for which the sheet is designed, such as "twin," "double," "king," "california king," etcetera, if the item is intended to fit such a mattress. The quantity statement also shall state, in centimeters and inches, the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in centimeters and inches, of the length and width of the finished sheet [example: "twin flat sheet for 99 cm x 190 cm (39 in x 75 in) mattress, 167 cm x 244 cm (66 in x 96 in) finished size"].

(c) The quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as "youth," "standard," and "queen," etcetera, if the item is intended to fit such pillows. The quantity statement also shall state, in centimeters and inches, the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in centimeters and inches, of the length and width of the finished pillowcase [example: "standard pillowcase for 51 cm x 66 cm (20 in x 26 in) pillow, 51 cm x 76 cm (20 in x 30 in) finished size"].

(d) The quantity statement for blankets, comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state, in centimeters and inches, the length and width of the finished item. The quantity statement also may state the length of any ornamentation and the size designation of the mattress for which the item is designed, such as "twin," "double," "king," "California king," etcetera, if it is intended to fit such a mattress.

(e) The quantity statement for tablecloths and napkins shall state, in centimeters and inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters and inches, the length and width of the item before hemming and properly identified as such.

(f) The quantity statement for curtains, drapes, flags, furniture scarfs, etcetera, shall state, in centimeters and inches, the length and width of the finished item. The quantity statement also may state parenthetically, in centimeters and inches, the length of any ornamentation.

(g) The quantity statement for carpets and rugs shall state, in meters and feet, with any remainder in decimal fractions of the meter for SI sizes or in common or decimal fractions of the foot or in inches for inch-pound sizes, the length and width of the item. The quantity statement also may state parenthetically, in centimeters and inches, the length of any ornamentation.

(h) The quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats, etcetera, shall state, in centimeters and inches, the length and width of the item. The quantity statement for such items, when knitted, need not state the dimensions.

(i) The quantity statement for textile products such as pot holders, fixture and appliance covers, nonrectangular diapers, slip covers, etcetera, shall be stated in terms of count and may include size designation and dimensions.

(j) The quantity statement for other than rectangular textile products identified in paragraphs (I)(2)(A) to (I)(2)(H) of this rule shall state the geometric shape of the product and the dimensions which are customarily used in describing such geometric shape [examples: "round scarf- 190 cm (74 in) in diameter;" "oval tablecloth 177 cm x 254 cm (70 in x 100 in)," representing the maximum length and width in this case].

(k) The quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term "irregular dimensions" and the minimum size of such remnants.

(3) Sewing threads, handicraft threads, and yarns.

Sewing and handicraft threads shall be labeled as follows:

(a) The net quantity statement for sewing and handicraft threads shall be expressed in terms of meters and yards.

(b) The net quantity statement for yarns shall be expressed in terms of mass or weight.

(c) Thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor, provided that such marks are filed with the director.

(d) Each unit of industrial thread shall be marked to show its net length in terms of meters and yards or its net weight in terms of kilograms or grams and avoirdupois pounds, or ounces, except that ready-wound bobbins that are not sold separately, shall not be required to be individually marked to show the number of bobbins contained therein and the net meters and yards of thread on each bobbin.

(J) Packaged seed.

Packages of seeds intended for planting with net contents of less than two hundred twenty-five grams or eight ounces shall be labeled in full accord with this chapter except as follows:

(1) The quantity statement shall appear in the upper thirty per cent of the principal display panel.

(2) The quantity statements shall be in terms of:

(a) The largest whole SI unit of packages with weights up to seven grams, and

(b) In grams and ounces for all other packages with weights less than two hundred twenty-five grams or eight ounces.

(3) The quantity statement for coated seed, encapsulated seed, pelletized seed, seed tapes, pre-planters, etcetera, shall be in terms of count.

(K) Statements of cubic measure in compressed form.

When the content declaration on a commodity sold in compressed form is stated in terms of cubic measure, an additional statement may indicate the amount of material from which the final product was compressed. The amount in such statement shall not exceed the actual amount of material that can be recovered.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-11 Exemptions.

(A) Random packages.

A random package bearing a label conspicuously declaring:

(1) The net weight,

(2) The unit price, and

(3) The total price

shall be exempt from the SI units, type size, location, and free area requirements of this chapter. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail.

This exemption shall also apply to uniform weight packages of fresh fruit or vegetables labeled by count, in the same manner and by the same type of equipment as random packages exempted by this rule, and cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this rule.

(B) Small confections.

Individually wrapped pieces of "penny candy" and other confectionery of less than fifteen grams or one-half ounce net weight per individual piece shall be exempt from the labeling requirements of this chapter when the container in which such confectionery is shipped is in conformance with the labeling requirements of this chapter. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling requirements of this chapter, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this chapter.

(C) Small packages of meat or meat products.

Individually wrapped and labeled packages of meat or meat products of less than fifteen grams or one-half ounce net weight, which are in a shipping container, need not bear a statement of the net quantity of contents when the statement of the net quantity of contents on the shipping container is in conformance with the labeling requirements of this chapter.

(D) Individual servings.

Individual-serving-size packages of foods containing less than fifteen grams or one-half ounce or less than fifteen milliliters or one-half fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this chapter.

(E) Cuts, plugs, and twists of tobacco and cigars.

When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this chapter, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.

(F) Reusable (returnable) glass containers.

Nothing in this chapter shall be deemed to preclude the continued use of reusable (returnable) glass containers provided such glass containers ordered after the effective date of this rule shall conform to all requirements of this chapter.

(G) Cigarettes and small cigars.

Cartons of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this chapter shall be exempt from the requirements set forth in paragraphs (B) and (H) of rule 901:6-3-08 of the Administrative Code," Location" and "Minimum height of numbers and letters," and paragraph (D) of rule 901:6-3-10 of the Administrative Code,"Multi-unit packages," provided such cartons bear a declaration of the net quantity of commodity in the package.

(H) Packaged commodities with labeling requirements specified in federal law.

Packages of meat and meat products, poultry products, tobacco and tobacco products, pesticides and alcoholic beverages shall be exempt from those requirements of this chapter specifying location and minimum type size of the net quantity declaration, provided quantity labeling requirements for such products are specified in federal law, so as to follow reasonably sound principles of providing consumer information. See also paragraph (FF) of this rule, "SI units, exemptions: consumer commodities."

(l) Fluid dairy products, ice cream, and similar frozen desserts.

(1) When packaged in one-half liquid pint and one-half gallon containers, are exempt from the requirements for stating net contents of eight fluid ounces and sixty-four fluid ounces, which may be expressed as one-half pint and one-half gallon, respectively.

(2) When measured by and packaged in measure containers as defined in "Measure Container Code of National Institute of Standards and Technology Handbook 44," are exempt from the requirements of paragraph (B) of rule 901:6-3-08 of the Administrative Code, that the declaration of net contents be located within the bottom thirty per cent of the principal display panel.

(3) Milk and milk products when measured by and packaged in glass or plastic containers of one-half pint, one pint, one quart, one-half gallon, and one gallon capacities are exempt from the placement requirement of paragraph (B) of rule 901:6-3-08 of the Administrative Code, that the declaration of net contents be located within the bottom thirty per cent of the principal display panel, provided other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(J) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water.

(1) When packaged in glass, plastic, or fluid milk type paper containers of eight fluid ounce and sixty-four fluid ounce capacity, are exempt from the requirements of paragraph (B) of rule 901:6-3-06 of the Administrative Code,"Largest whole unit," to the extent that net contents of eight fluid ounces and sixty-four fluid ounces (or two quarts) may be expressed as one-half pint (or half pint) and one-half gallon (or half gallon), respectively.

(2) When packaged in glass or plastic containers of one-half pint, one pint, one quart, one-half gallon, and one gallon capacities, are exempt from the placement requirement of paragraph (B) of rule 901:6-3-08 of the Administrative Code, that the declaration of net contents be located within the bottom thirty per cent of the principal display panel provided other label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(K) Soft-drink bottles.

Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:

(1) Identity, when such declaration appears on the bottle closure, and

(2) Quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this chapter appears only on the bottle closure.

(L) Multi-unit soft-drink packages.

Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:

(1) Responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside, and

(2) Identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.

(M) Butter.

When packaged in four ounce, eight ounce, and one pound packages with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity and the net quantity declaration be generally parallel to the base of the package (see paragraph (B) of rule 901:6-3-03 of the Administrative Code and paragraph (F) of rule 901:6-3-08 of the Administrative Code). When packaged in eight ounce and one pound units, butter is exempt from the requirement for location of net quantity declaration (see paragraph (B) of rule 901:6-3-08 of the Administrative Code)

(N) Eggs.

Carton containing twelve eggs shall be exempt from the requirement for location of net quantity declaration (see paragraph (B) of rule 901:6-3-08 of the Administrative Code). When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this chapter if the undivided carton conforms to all such requirements.

(O) Flour.

Packages of wheat flour in conventional two pound, five pound, ten pound, twenty-five pound, fifty pound, and one hundred pound packages shall be exempt from the requirement in this chapter for location of the net quantity declaration [see paragraph (B) of rule 901:6-3-08 of the Administrative Code]

(P) Small packages.

On a principal display panel of thirty-two square centimeters (five square inches) or less, the declaration of quantity need not appear in the bottom thirty per cent of the principal display panel if that declaration satisfies the other requirements of this chapter.

(Q) Decorative containers.

The principal display panel of a cosmetic marketed in a "boudoir-type" container including decorative cosmetic containers of the "cartridge," "pill box," "compact," or "pencil" variety, and those with a capacity of 7.4 milliliters (one-fourth ounce) or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this chapter.

(R) Combination and variety packages.

Combination and variety packages are exempt from the requirements in this chapter for:

(1) Location (see paragraph (B) of rule 901:6-3-08 of the Administrative Code),

(2) Free area (see paragraph (E) of rule 901:6-3-08 of the Administrative Code), and

(3) Minimum height of numbers and letters (see paragraph (H) of rule 901:6-3-08 of the Administrative Code).

(S) Margarine.

Margarine in one pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this chapter for location of the net quantity declaration (see paragraph (B) of rule 901:6-3-08 of the Administrative Code).

(T) Corn flour and corn meal.

Corn flour and corn meal packaged in conventional five pound, ten pound, twenty-five pound, fifty pound, and one hundred pound bags shall be exempt from the requirements in this chapter for location of the net quantity declaration (see paragraph (B) of rule 901:6-3-08 of the Administrative Code).

(U) Prescription and insulin-containing drugs.

Prescription and insulin-containing drugs subject to the provisions of section 503(b)(1) or section 506 of the federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this chapter.

(V) Camera film, video recording tape, audio recording tape and other image and audio recording media intended for retail sale and consumer use.

Image and audio media packaged and labeled for retail sale are exempt from the net quantity statement requirements of this chapter that specify how measurement of commodities should be expressed provided:

(1) Unexposed or unrecorded media.

The net quantity of contents of unexposed or unrecorded image and audio media is expressed

(a) For still film tape or other still image media. In terms of the useable or guaranteed number of available still image exposures. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement. (Example: "36 exposures, 36 MM x 24 mm" or "12 exposures, 2-1/4 in x 2-1/4 in.").

(b) For bulk or movie film, in terms of length (in meters or feet) of film available for exposure.

(c) For all other image and/or audio media, in terms of length of time of electronic media available for recording, together with recording and/or playing speed or other machine settings as necessary. Supplemental information concerning the length of the media may be provided.

(d) Supplemental information may be provided on other than the principal display panel.

[Note: size, length of media, and format details to ensure interchangeability and other characteristics of audio and imaging media are available in the applicable "American National Standards."]

(2) Exposed, recorded, or processed media.

(a) The net quantity of contents of exposed or processed film or prerecorded electronic media shall be expressed in terms of the length of time that it is of entertainment value.

(b) "Entertainment value" is defined as that portion of a film, tape, or other media that commences with the first frame of sound or picture, whichever comes first after the countdown sequence (if any), and ends with either:

(i) The last frame of credits, or

(ii) The last frame of the phrase, "The End," or

(iii) The end of the sound, whichever is last.

(W) Tint base paint.

(1) Tint base paint may be labeled on the principal display panel, in terms of a liter, a quart or a gallon including the addition of colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a liter, a quart or a gallon; and further provided that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented; and further provided that the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the label.

(2) Wherever the above conditions cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this chapter.

(X) Motor oil in cans.

Motor oils, when packed in cans bearing the principal display panel on the body of the container, are exempt from the requirements of identity rule 901:6-3-03 of the Administrative Code,"Declaration of identity," to the extent that the "Society of Automotive Engineers" (SAE) viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least six millimeters or one-fourth inch.

(Y) Pillows, cushions, comforters, mattress pads, sleeping bags, and similar products.

Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags that bear a permanent label as designated by the Association of "Bedding and Furniture Law Officials," or by the "California bureau of home furnishings," shall be exempt from the requirements for location [see paragraph (B) of rule 901:6-3-08 of the Administrative Code], size of letters or numbers [see paragraphs (G) and (H) of rule 901:6-03-08 of the Administrative Code], free area [see paragraph (E) of rule 901:6-3-08 of the Administrative Code], declaration of identity (see rule 901:6-3-03 of the Administrative Code), and declaration of responsibility (see rule 901:6-3-05 of the Administrative Code), provided declarations if identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this chapter, and further, provided the information on such permanently attached label be fully observable to the purchaser.

(Z) Commodities' variable weights and sizes.

Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from the requirements of rule 901:6-3-06 of the Administrative Code,"Declaration of quantity: consumer packages," while moving in commerce and while held for sale prior to weighing and marking, provided the outside container bears a label declaration of the total net weight.

(AA) Packaged commodities sold by count.

When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this chapter except that those containing six or less items need not include a statement of count.

[Note: when the net contents declaration of a package that may enter interstate commerce includes count, federal regulations under the federal Fair Packaging and Labeling Act provide no exemption from declaring the count unless the count is one.]

(BB) Textile packages.

Packages of textiles that are required by paragraph (G) of rule 901:6-3-06 of the Administrative Code to provide a combination declaration stating the quantity of each individual unit and the count shall be exempt from the requirements in this chapter for:

(1) Location [see paragraph (B) of rule 901:6-3-08 ] of the Administrative Code.

(2) Free area [see paragraph (E) rule 901:6-3-08 of the Administrative Code].

(3) Minimum height of numbers and letters [see paragraph (H) of rule 901:6-3-08 of the Administrative Code].

(CC) Spot label.

The declaration of quantity of the contents of a package is exempt from paragraph (B) of rule 901:6-3-08 of the Administrative Code,"Location," requiring the quantity declaration to appear in the bottom thirty per cent of the principal display panel, as long as the declaration of quantity appears in the lower thirty per cent of the spot label. In no case may the size of the spot label be used to determine the minimum type size. See paragraph (G) of rule 901:6-3-08 of the Administrative Code for this determination.

(DD) Header strip.

The declaration of quantity of the contents of a package is exempt from paragraph (B) of rule 901:6-3-08 of the Administrative Code,"Location," requiring the quantity declaration to appear in the bottom thirty per cent of the principal display panel, as long as the declaration of quantity appears in the lower thirty per cent of the header strip or header label. In no case may the size of the header strip be used to determine the minimum size. See paragraph (G) of rule 901:6-3-08 of the Administrative Code,"calculation of area of principal display panel for purposes of type size," for this determination.

(EE) Decorative wallcovering borders.

Decorative wallcovering borders, when packaged and labeled for retail sale, shall be exempt from the requirements of paragraph (B) of rule 901:6-3-06 of the Administrative Code,"Largest whole unit;" paragraph (M)(2) of rule 901:6-3-06 of the Administrative Code,"Prescribed units, inch-pound system - one foot, one square foot, one pound, one pound, one gallon or more;" and paragraph (N) of rule 901:6-3-06 of the Administrative Code,"Bidimensional commodities," provided the length and width of the border are presented in terms of the largest whole unit in full accord with the other requirements of this chapter.

(FF) SI units, exemptions: consumer commodities.

The requirements in this chapter for statements of quantity in SI units (except for those in paragraph (J) of rule 901:6-3-10 of the Administrative Code,"Packaged seed," and also for those in paragraph (V) of this rule, "Camera film, video recording tape, audio recording tape and other image and audio recording media intended for retail sale and consumer use") shall not apply to:

(1) Foods packaged at the retail store level.

(2) Random weight packages [see paragraph (D) of rule 901:6-3-2 of the Administrative Code,"Random package," and paragraph (A) of this rule, "Random packages").

(3) Package labels printed before February 14, 1994.

(4) Meat and poultry products subject to the federal Meat or Poultry Products Inspection Acts.

(5) Tobacco or tobacco products.

(6) Any beverage subject to the federal Alcohol Administration Act.

(7) Any product subject to the federal Insecticide, Fungicide, and Rodenticide Act.

(8) Drugs and cosmetics subject to the federal Food, Drug and Cosmetic Act, and

(9) Nutrition labeling information.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01

901:6-3-12 Variations to be allowed.

(A) Packaging variations from declared net quantity.

Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in current good manufacturing practice, but such variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity that is kept, offered, or exposed for sale, or sold, 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, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.

(B) Packaging variations resulting from exposure.

Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce, provided the phrase "introduced into intrastate commerce" as used in this paragraph shall be construed to define the time and the place at which the first sale and delivery of a package is made within the state, the delivery being either:

(1) Directly to the purchaser or to his/her agent, or

(2) To a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations shall not be permitted.

(C) Magnitude of permitted variations.

The magnitude of variations permitted under paragraphs (A) and (B) of this rule shall, be those expressly set forth in this rule and variations such as those contained in the procedures and tables of "National Institute of Standards and Technology Handbook 133 `Checking the Net Contents of Packaged Goods.'"

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50
Prior Effective Dates: 9-1-72; 5-11-01