Ala. Admin. Code r. 80-13-1-.13 - Allowed Variations
(1)
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 good packaging 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.
(2) 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 that the phrase "introduced
into intrastate commerce" as used above shall be construed to define the time
and the place at which the first sale and delivery of a package is made within
this jurisdiction,the delivery being either,
(a) Directly to the purchaser or to his
agent,
(b) To a common carrier for
shipment to the purchaser, and that 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.
(3) The magnitude of variations allowed in
this Section, shall, in the case of any shipment, delivery, or lot, be
determined by the facts in each individual case.
Author:
Notes
Statutory Authority: Code of Ala. 1975, ยง 8-16-15.
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