Idaho Admin. Code r. 02.02.14.260 - VARIATIONS TO BE ALLOWED
01.
Packaging
Variations. (3-15-22)
a. Variations
from Declared Net Quantity. Variations from the declared net weight, measure,
or count are 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 are not 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 is
permitted, even though overages in other packages in the same shipment,
delivery, or lot compensate for such shortage. Variations above the declared
quantity may not be unreasonably large. (3-15-22)
b. Variations Resulting from Exposure.
Variations from the declared weight or measure are 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 in this
paragraph must be construed to define the time and the place at which the first
sale and delivery of a package is made within the state, the delivery being
either: (3-15-22)
i. Directly to the purchaser
or to his agent; or (3-15-22)
ii.
To a common carrier for shipment to the purchaser, and this paragraph must 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 are not permitted.
(3-15-22)
02.
Magnitude of Permitted Variations. The magnitude of variations
permitted under Section
260 of this rule must, in the case
of any shipment, delivery, or lot, be determined by the facts in the individual
case. (3-15-22)
Notes
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