Idaho Admin. Code r. 02.02.14.250 - EXEMPTIONS
01.
General. 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 must be in terms of the largest whole unit
(except see Subsection
220.04.c., Multi-Unit
Packages). (3-15-22)
02.
Random Package s. A random package bearing a label conspicuously
declaring: (3-15-22)
a. The net weight;
(3-15-22)
b. The price per pound,
or other unit of weight, measure or count; and (3-15-22)
c. The total price is exempt from the type
size, dual declaration, placement, and free area requirements of this rule. 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 also
applies to uniform weight packages of cheese and cheese products labeled in the
same manner and by the same type of equipment as random packages exempted by
this section. (3-15-22)
03.
Small Confections.
Individually wrapped pieces of "penny candy" and other confectionery of less
than one-half (1/2) ounce net weight per individual piece is exempt from the
labeling requirements of this rule when the container in which such
confectionery is shipped is in conformance with the labeling requirements of
this rule. Similarly, when such confectionery items are sold in bags or boxes,
such items are exempt from the labeling requirements of this rule including the
required declaration of net quantity of contents, when the declaration of the
bag or box meets the requirements of this rule. (3-15-22)
04.
Individual Servings.
Individual-serving-size packages of foods containing less than one-half (1/2)
ounce or less than one-half (1/2) fluid ounce for use in restaurants,
institutions, and passenger carriers, and not intended for sale at retail, are
exempt from the required declaration of net quantity of contents specified in
this rule. (3-15-22)
05.
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 rule,
such individual cuts, plugs, and twists of tobacco and cigars are exempt from
such labeling requirements. (3-15-22)
06.
Reusable (Returnable) Glass
Containers. Nothing in this rule is deemed to preclude the continued use
of reusable (returnable) glass containers; provide, that such glass containers
ordered after the effective date of this rule must conform to all requirements
of this rule. (3-15-22)
07.
Cigarettes and Small Cigars. Cartons of cigarettes and small
cigars, containing ten (10) individual packages of twenty (20), labeled in
accordance with the requirements of this rule are exempt from the requirements
set forth in Subsection
200.02, Location, Subsection
200.08, Minimum Height of
Numbers and Letters, and Subsection
220.04, Multi-Unit Packages,
provided that such cartons bear a declaration of the net quantity of commodity
in the package . (3-15-22)
08.
Packaged Commodities with Labeling Requirements Specified in Federal
Law. Packages of meat and meat products, poultry and poultry products,
tobacco and tobacco products, insecticides, fungicides, rodenticides, alcoholic
beverages, and seeds are exempt from the requirements set forth in Subsection
172.03, Weight: Dual Quantity
Declaration; Subsection
172.04, Fluid Measure: Dual
Quantity Declaration; Subsection
172.05, Length Measure: Dual
Quantity Declaration; Subsection
172.06, Area Measure: Dual
Quantity Declaration; Subsection
200.02, Location; and Subsection
200.08, 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. (3-15-22)
09.
Fluid Dairy Products, Ice Cream,
and Similar Frozen Desserts. (3-15-22)
a. When packaged in one-half (1/2) liquid
pint and one-half (1/2) gallon containers, are exempt from the requirements for
stating net contents of eight (8) fluid ounces and sixty-four (64) fluid
ounces, which may be expressed as one-half (1/2) pint and one-half (1/2)
gallon, respectively. (3-15-22)
b.
When packaged in one (1) liquid pint, one (1) liquid quart, and one-half (1/2)
gallon containers, are exempt from the dual net contents declaration
requirements of Subsection
172.04, Fluid Measure: Dual
Quantity Declaration. (3-15-22)
c.
When measured by and packaged in one-half (1/2) liquid pint, one (1) liquid
pint, one (1) liquid quart, one-half (1/2) gallon and one (1) gallon measure
containers as defined in "Measure Container Code of National Bureau of
Standards, or its successor organization, the National Institute of Standards
and Technology, Handbook 44," are exempt from the requirement of Subsection
200.02, Location, that the
declaration of net contents be located within the bottom thirty percent (30%)
of the principal display panel . (3-15-22)
d. Milk and milk products when measured by
and packaged in glass or plastic containers of one-half (1/2) liquid pint, one
(1) liquid pint, one (1) liquid quart, one-half (1/2) gallon, and one (1)
gallon capacities are exempt from the placement requirement of Subsection
200.02, Location, that the
declaration of net contents be located within the bottom thirty percent (30%)
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 part of the glass or plastic container that is
at or above the shoulder of the container. (3-15-22)
10.
Single Strength and Less Than
Single Strength Fruit Juice Beverages, Imitations Thereof, and Drinking
Water. (3-15-22)
a. When packaged in
glass, plastic, or fluid milk type paper containers of eight (8) and sixty-four
(64) fluid ounce capacity, are exempt from the requirements of Subsection
171.07.b., Units: Weight,
Measure, to the extent that net contents of eight (8) fluid ounces and
sixty-four (64) fluid ounces (or two (2) quarts) may be expressed as one-half
(1/2) pint (or half pint) and one-half (1/2) gallon (or half gallon),
respectively. (3-15-22)
b. When
packaged in glass, plastic, or fluid milk type paper containers of one (1)
pint, one (1) quart, and one-half (1/2) gallon capacities, are exempt from the
dual net contents declaration requirements of Subsection
172.04, Fluid Measure: Dual
Quantity Declaration. (3-15-22)
c.
When packaged in glass or plastic containers of one-half (1/2) pint, one (1)
pint, one (1) quart, one (1/2) gallon, and one (1) gallon capacities, are
exempt from the placement requirement of Subsection
200.02, Location, that the
declaration of net contents be located within the bottom thirty percent (30%)
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. (3-15-22)
11.
Soft-Drink Bottles. Bottles
of soft drinks are exempt from the placement requirements for the declaration
of: (3-15-22)
a. Identity, when such
declaration appears on the bottle closure; and (3-15-22)
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 rule appears only on the bottle closure.
(3-15-22)
12.
Multi-Unit Soft Drink Package s. Multi-unit packages of soft drinks
are exempt from the requirement for a declaration of: (3-15-22)
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 declaration will be found on the individual units inside; and
(3-15-22)
b. Identity, when such
declaration appears on the individual units and is not obscured by the
multi-unit packaging. (3-15-22)
13.
Butter. When packaged in
four (4) ounce, eight (8) ounce, and one (1) pound units with continuous label
copy wrapping, butter is exempt from the requirements that the statement of
identity (Subsection 170.01)
and the net quantity declaration (Subsection
200.06) be generally parallel to
the base of the package . When packaged in eight (8) ounce and one (1) pound
units, butter is exempt from the requirement for location (Subsection
200.02) of net quantity
declaration and, when packaged in one (1) pound units, is exempt from the
requirement for dual quantity declaration (Subsection
172.03). (3-15-22)
14.
Eggs. Carton containing
twelve (12) eggs are exempt from the requirement for location (Subsection
200.02) of net quantity
declaration. When such cartons are designed to permit division in half, each
half (1/2) are exempt from the labeling requirements of this rule if the
undivided carton conforms to all such requirements. (3-15-22)
15.
Flour. Packages of wheat
flour packaged in units of two (2), five (5), ten (10), twenty-five (25), fifty
(50), and one-hundred (100) pounds are exempt from the requirement in this rule
or location (Subsection
200.02) of the net quantity
declaration and, when packaged in units of two (2) pounds, are exempt also from
requirement for a dual quantity declaration (Subsection
172.03). (3-15-22)
16.
Small Package s. On a
principal display panel of five (5) square inches or less, the declaration of
quantity need not appear in the bottom thirty (30%) of the principal display
panel if that declaration satisfies the other requirements of this rule.
(3-15-22)
17.
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 one-fourth (1/4) 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 rule. (3-15-22)
18.
Combination Package s.
Combination packages are exempt from the requirements in this rule for:
(3-15-22)
a. Location (see Subsection
200.02) ; (3-15-22)
b. Free area (see Subsection
200.05) ; and
(3-15-22)
c. Minimum height of
numbers and letters (see Subsection
200.08).
(3-15-22)
19.
Margarine. Margarine in one (1) pound rectangular packages, except
for packages containing whipped or soft margarine or packages containing more
than four (4) sticks, is exempt from the requirement in this rule for location
(see Subsection 200.02) of
the net quantity declaration, and is exempt from the requirement for a dual
quantity declaration (see Subsection
172.03). (3-15-22)
20.
Corn Flour. Corn flour
packaged in conventional five (5), ten (10), twenty-five (25), fifty (50), and
one-hundred (100) pound bags is exempt from the requirement in this rule for
location (see Subsection
200.02) of the net quantity
declaration. (3-15-22)
21.
Prescription and Insulin Containing Drugs. Prescription and
insulin containing drugs subject to the provisions of Section
503(b)(1) or
506 of the Federal Food, Drug, and
Cosmetic Act are exempt from the provisions of this rule. (3-15-22)
22.
Camera Film. Camera film
packaged and labeled for retail sale is exempt from the net quantity statement
requirements of this rule which specify how measurement of commodities should
be expressed, provided that: (3-15-22)
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. (3-15-22)
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"). (3-15-22)
23.
Paints and Kindred Products.
Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents,
when packed in one (1) liquid pint and one (1) liquid quart units are exempt
from the dual quantity declaration requirements of Subsection
172.04. (3-15-22)
24.
Automotive Cooling System
Antifreeze. Antifreeze, when packed in one (1) liquid quart units, in
metal or plastic containers, is exempt from the dual quantity declaration
requirements of Subsection
172.04. (3-15-22)
25.
Motor Oils. Motor oils, when
packed in one (1) liquid quart units, are exempt from the dual quantity
declaration requirements of Subsection
172.04. Additionally, motor oil
in one (1) liquid quart, one (1) gallon, one and one-fourth (1-1/4) gallon, two
(2) gallon, and two and one-half (2-1/2) gallon units, bearing the principal
display panel on the body of the container, is exempt from the requirements of
Subsection 170.01 through
170.03. Identity, to the extent
that the SAE grade is required to appear on the principal display panel ,
provided the SAE grade appears on the can lid and is expressed in letters and
numerals in type size of at least one-fourth (1/4) inch. (3-15-22)
Notes
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