(1) Berries and small fruits shall be offered
and exposed for sale and sold by count, weight, or by measure in original
standard containers as defined in Code of Ala. 1975,
§
8-16-101.
When sold by measure, the containers shall be deemed not to be packages for
labeling purposes.
(2) Butter,
oleomargarine, and margarine shall be offered and exposed for sale and sold by
weight only in units of 1/4 pound, 1/2 pound, 1 pound, or multiples of 1
pound.
(3) Meat, poultry and
seafood shall be sold in weight, except the following, which may be sold by
weight, measure, or count:
(a)
Shellfish.
(b) Items sold for
consumption on the premises.
(c)
Items sold as one of several elements comprising a ready-to-eat meal sold as a
unit for consumption elsewhere than on the premises where sold.
(d) Items sold as part of a sandwich.
When meat, poultry, or seafood is combined with some other
food element to form a distinctive food product, the quantity representation
may be in terms of the total weight of the product of combination, and a
quantity representation need not be made for each element, provided that a
statement listing the ingredients in order of their predominance by weight must
also appear on the label.
(4) Cottage cheese, cottage cheese products,
and other milk products which are solid, semi-solid, viscous, or a mixture of
solid and liquid, as defined in the Pasteurized Milk Ordinance of the U.S.
Public Health Service, as amended in 1965, shall be sold in terms of weight,
provided, that cottage cheese, cottage cheese products, sour cream, and yogurt
shall be packaged for retail sale only in units of 8, 12, 16, 24, 32, 64, 80
and 128 ounces avoirdupois, and provided further, that multipack or single
serving sizes of 6 ounces or less shall be sold only in even ounce
increments.
(5) The declaration of
net quantity of contents on pickles and pickle products, including relishes but
excluding one or two whole pickles in a transparent wrapping which may be
declared by count, shall be expressed in terms of fluid measure. Sales of
pickles from bulk may be made by count.
(6) Clams, mussels, oysters and other
mollusks shall be sold as follows:
(a) Whole
clams, oysters, mussels or other mollusks on the half shell (fresh cooked,
smoked or frozen, with or without sauces or spices added) shall be sold by
weight (excluding the weight of the shell) or by count.
(b) Fresh oysters, clams, mussels or other
mollusks removed from the shell and placed in a container shall be sold by
fluid volume. A maximum of 15% free liquid by weight is permitted.
(c) Processed clams, mussels, oysters, or
other mollusks on the half shell (fresh or frozen) shall be sold by net weight
excluding the weight of the shell. The term "processed" means removing the meat
from the shell and chopping it or cutting it or commingling it with other solid
foods.
(d) Canned (heat-processed)
mussels, clams, oysters, or other mollusks shall be sold by net weight. A
maximum of 41% free liquid by weight is permitted for canned oysters.
Author: Charles H. Barnes
