Revised Chapter 47K Commodities in Package Form - …

1 PLEASE READ Rules and regulations of the New Jersey Division of Consumer Affairs (Division), the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through LexisNexis. LexisNexis: The text of rules and regulations and notices of proposal and adoptions in PDF format provided on this website by the Division are unofficial courtesy copies, which may differ from the official text.

2 Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern. Commodities IN Package form LAW AND PUBLIC SAFETY Chapter 47K Page 1 of 48 Last Revision Date: 6/2/2014 NEW JERSEY ADMINISTRATIVE CODE TITLE 13 LAW AND PUBLIC SAFETY Chapter 47K Commodities IN Package form ; WEIGHTS AND MEASURES Commodities IN Package form LAW AND PUBLIC SAFETY Chapter 47K Page 2 of 48 Last Revision Date: 6/2/2014 Chapter TABLE OF CONTENTS SUBCHAPTER 1.

3 FOOD PRODUCTS .. 4 13:47K 4 13:47K Butter, oleomargarine, margarine, butter like and/or margarine like spreads .. 4 13:47K Flour, corn meal, and hominy grits .. 5 13:47K Fluid milk products .. 5 13:47K Other milk products .. 5 13:47K Pickles .. 5 SUBCHAPTER 2. NON FOOD PRODUCTS .. 6 13:47K Inch pound units requirement .. 6 13:47K Definitions .. 6 13:47K Paper napkins, paper towels, facial tissues and toilet tissues .. 6 13:47K Writing paper; notebook paper; envelopes; and office paper .. 7 13:47K Tablets and books of writing paper.

4 7 13:47K Wrapping paper .. 7 13:47K Gift wrapping paper .. 7 13:47K (Reserved) .. 8 13:47K (Reserved) .. 8 13:47K Supplementary quantity declaration .. 8 13:47K Multiple packs .. 8 13:47K Paper products for industrial use only .. 8 13:47K Folded facial tissues to be compactly packaged .. 8 13:47K Size of 8 13:47K Size of tubes for rolled paper products .. 8 13:47K Fence wire products .. 8 13:47K Coatings .. 9 13:47K Peat and peat moss .. 9 13:47K Roofing and roofing materials .. 9 13:47K Sealants.

5 10 13:47K Polyethylene products .. 10 13:47K Insulation .. 12 13:47K Solid fuel products .. 13 13:47K Liquified petroleum gas cylinder tare weights .. 13 13:47K Mulch .. 14 13:47K Kindling wood .. 14 Commodities IN Package form LAW AND PUBLIC SAFETY Chapter 47K Page 3 of 48 Last Revision Date: 6/2/2014 SUBCHAPTER 3. GENERAL .. 14 13:47K Presentation of price .. 14 13:47K Allowable differences: combination quantity declarations .. 14 13:47K Machine vended Commodities .. 15 SUBCHAPTER 4. MARKING REQUIREMENTS.

6 15 13:47K Applications .. 15 13:47K Definitions .. 16 13:47K Declaration of identity: consumer Package .. 18 13:47K Declaration of identity: non consumer Package .. 18 13:47K Declaration of responsibility: consumer and non consumer packages .. 18 13:47K Declaration of quantity: consumer packages .. 19 13:47K Declaration of quantity: non consumer packages .. 28 13:47K Prominence and placement: consumer packages .. 30 13:47K Prominence and placement: non consumer packages .. 32 13:47K Requirements: specific consumer Commodities , non consumer Commodities , packages , containers.

7 32 13:47K Exemptions .. 39 SUBCHAPTER 5. VARIATIONS .. 45 13:47K Packaging variations .. 45 13:47K Maximum allowable variations .. 46 13:47K Definitions .. 48 Commodities IN Package form LAW AND PUBLIC SAFETY Chapter 47K Page 4 of 48 Last Revision Date: 6/2/2014 SUBCHAPTER 1. FOOD PRODUCTS 13 BREAD a) Each loaf and each unit of a twin or multiple loaf made or procured for sale, kept, offered, exposed for sale, or sold, whether or not wrapped or sliced, and each portion of a loaf that is prepackaged, shall be sold by weight provided that the provisions of this section shall not apply to biscuits, buns or rolls of inch-pound sizes of four ounces or less or of metric sizes 100 grams or less or to stale bread sold or expressly represented at the time of sale as such, and when so old.

8 The wrappers of stale bread shall not be considered packages for labeling purposes. b) packages subject to Federal regulations regarding the declaration of the net quantity of contents in inch-pound and/or System International (SI) metric units shall conform to such regulations. packages not subject to such Federal regulations shall bear a statement of the net quantity of contents in either inch-pound or SI-metric units. 13 BUTTER, OLEOMARGARINE, MARGARINE, BUTTER-LIKE AND/OR MARGARINE-LIKE SPREADS a) For the purposes of this section butter-like and/or margarine-like spreads are those products that meet the Federal Standard of Identity for butter or margarine and oleomargarine (see 9 CFR Part 319, ) except that they contain less than 80 percent fat and may contain other safe and suitable ingredients.

9 B) Butter, oleomargarine, margarine, butter-like and/or margarine-like spreads shall be offered and exposed for sale and sold by weight . c) Oleomargarine and margarine are not permitted in multiples of one pound, 500 grams, or multiples of 500 grams because Section 407(b)(2) of the Federal Food, Drug, and Cosmetic Act, 21 301 et seq., prohibits margarine and oleomargarine packaged in sizes greater than one pound. d) packages subject to Federal regulations regarding the declaration of the net quantity of contents in inch-pound and/or System International (SI) metric units shall conform to such regulations.

10 packages not subject to such Federal regulations shall bear a statement of the net quantity of contents in either inch-pound or SI-metric units. Commodities IN Package form LAW AND PUBLIC SAFETY Chapter 47K Page 5 of 48 Last Revision Date: 6/2/2014 13 FLOUR, CORN MEAL, AND HOMINY GRITS a) Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, or sold by weight .