Ala. Admin. Code r. 80-13-1-.12 - Exemptions Allowed For Specific Commodities And Packages

(1) Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit.

(2) A random package bearing a label conspicuously declaring net weight, price per pound and the total price shall be exempt from the type size, dual declaration, placement, and free area requirements. 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.

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

(4) Individual serving-size packages of foods containing less than one-half ounce or less than 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.

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

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

(7) 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 Rule no. 80-13-1-.10(2) - location; Rule No. 80-13-1-.10(8) minimum height of numbers and letters; and Rule no. 80-13-1-.11(4) multi-unit packages, provided that such cartons bear a declaration of the net quantity of commodity in the package.

(8) Packages of meat and meat products, poultry, and poultry products, tobacco products, insecticides, fungicides, rodenticides, and alcoholic beverages shall be exempt from the requirements set forth in Rule No. 80-13-1-.09(4) - weight: dual declaration; 80-13-1-.09(5) fluid measure: dual quantity declaration; 80-13-1-.09(7) - area measure: dual- quantity declaration; 80-13-1-.10(2) - location; and 80-13-1-.10(8) - minimum height of numbers and letters, provided that quantity labeling requirements for such products are specified in federal law, so as to follow reasonably sound principles of providing consumer information.

(9) Fluid dairy products, ice cream, and similar frozen desserts may be packaged as follows:

(a) When packaged in one-half-liquid-pint and one-half-gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as one-half pint and one-half gallon, respectively.

(b) When packaged in 1-liquid-pint, 1-liquid-quart, and one-half-gallon containers, are exempt from the dual net contents declaration requirements of Rule no. 80-13-1-.09(5).

(c) When measured by and packaged in one-half-liquid-pint, 1-liquid-pint, 1-liquid-quart, one-half-gallon, and 1-gallon measure containers as defined in "Measure-Container Code of National Bureau of Standards Handbook 44", are exempt from the requirements of Rule no. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel.

(d) Milk and milk products, when measured by and packaged in glass or plastic containers of one-half-liquid-pint, 1-liquid-quart, one-half-gallon, and one-gallon capacities, are exempt from the placement requirement of Rule No. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel, provided that 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 is at or above the shoulder of the container.

(10) Single strength and less than single strength fruit juice beverages, imitations thereof, and drinking water may be packaged as follows:

(a) When packaged in glass, plastic, or fluid milk type paper containers of 8 and 64-fluid- ounce capacity, are exempt from the requirements of Rule no. 80-13-1-.09(l)(b) to the extent that net contents of 8 fluid ounces (or half pint) and one-half gallon respectively.

(b) When packaged in glass, plastic, or fluid milk type paper containers of 1-pint, 1-quart, and one-half gallon capacities, are exempt from the dual net contents declaration requirements of Rule No. 80-13-1-.09(5).

(c) When packaged in glass or plastic containers of one-half-pint, 1-pint, 1-quart, one-half gallon, 1-gallon capacities, are exempt from the placement requirements of Rule No. 80-13-1-.10(2), that the declaration of net contents be located within the bottom 30 per cent of the principal display panel, provided that 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 into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(11) Bottles of soft drinks shall be exempt from the placement requirements for declarations as follows:

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

(b) 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 ordinance appears only on the bottle closure.

(12) Multi-unit packages of soft drinks are exempt from the requirements for declarations as follows:

(a) 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 declarations will be found on the individual units inside, and

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

(13) When, packaged in 4-ounce, 8-ounce, and 1-pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (Rule No. 80-13-1-.10(9) and the net quantity declaration (Rule no. 80-13-1-.10(6)) be generally parallel to the base of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the requirement for location (Rule No. 80-13-1-.10(2)) of net quantity declaration and, when packaged in 1-pound units, is exempt from the requirement for dual quantity declaration (Rule No. 80-13-1-.09(4)).

(14) Cartons containing 12 eggs shall be exempt from the requirement for location (Rule No. 80-13-1-.10(2)) of net quantity declaration. When such cartons are designed to permit diversion in half, each half shall be exempt from the labeling requirements of this ordinance if the undivided carton conforms to all such requirements.

(15) Packages of wheat flour packaged in units of 2, 5, 10, 25, 50, and 100 pounds shall be exempt from the requirement in this chapter for location (Rule No. 80-13-1-.10(2)) of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirement for a dual quantity declaration (Rule No. 80-13-1-.09(4)).

(16) On a principal display panel of five square inches or less, the declaration of quantity need not appear in the bottom 30 per cent of the principal display panel if that declaration satisfies the other requirements of this ordinance.

(17) 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 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 regulation.

(18) Combination packages are exempt from the require- ments in this chapter for:

(a) Location (see Rule No. 80-13-1-.10(2)).

(b) Free area (see Rule No. 80-13-1-.10(5)).

(c) Minimum height of numbers and letters (see Rule No. 80-13-1-.10(8)).

Margarine in 1-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 regulation for location (see Rule No. 80-13-1-.10(2)) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration (see Rule No. 80-13-1-.09(4)).

(20) Corn flour packaged in conventional 5, 10, 25, 50, and 100-pound bags shall be exempt from the requirement in this regulation for location (see Rule No. 80-13-1-.10(2)) of the net quantity declaration.

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

(22) Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this chapter which specify how measurement of commodities should be expressed, provided that

(a) The net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet of usable film contained therein.

(b) The net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement. (Example: "36 exposures, 36 x 24 mm" or "12 exposures, 2 1/4 x 2 1/4 in.")

(23) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packaged in 1-liquid-pint and 1-liquid-quart units shall be exempt from the dual quantity declaration requirements of Rule no. 80-13-1-.09(4).

Tint base paint may be labeled on the principal display panel, as required by this chapter, in terms of 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 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.

Whenever 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 regulation.

(24) Antifreeze, when packed in 1-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of Rule no. 80-13-1-.09(4).

(25) Motor oils, when packed in 1-liquid-quart units, shall be exempt from the dual quantity declaration require- ments of Rule No. 80-13-1-.09(4). Additionally, motor oil in 1-liquid-quart, 1-gallon, 1 1/4-gallon, 2-gallon and 2 1/2-gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of Rule No. 80-13-1-.07(3), to the extent that the 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 one-fourth inch.

(26) 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 placement (Rule No. 80-13-1-.07(3)(5)), location (Rule No. 80-13-1-.10(2)), size of letters or numbers (Rule No. 80-13-1-.10(8)) and free area (Rule No. 80-13-1-.10(5)) and the declarations of identity and responsibility are presented on a permanently attached label and satisfy the other requirements of this chapter; and further provided that the information on such permanently attached label is fully observable to the purchaser.

(27) 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 No. 80-13-1-.08, Declaration of Quantity, while moving in commerce and while held for sale prior to weighing and marking, provided that the outside container bears a label declaration of the total net weight.

(28) 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 6 or less items need not include a statement of count.

(29) Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of Rule No. 80-13-1-.09(4), provided that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this regulation.

Notes

Ala. Admin. Code r. 80-13-1-.12