70 Pa. Code § 27.31 - Packaging

Variations from the packaging regulations of this title shall be allowed if there is compliance with the following provisions:

(1) Variations from declared net quantity. Variations from the declared net weight, measure or count shall be permitted if caused by unavoidable deviations in weighing, measuring or counting the contents of individual packages which occur in good packaging practice, but the variations may not be permitted to the extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity which is kept, offered, exposed for sale or sold, is below the quantity stated, and no unreasonable shortage in a package may be permitted, even though overages in other packages in the same shipment, delivery or lot compensate for the shortage. Variations above the declared quantity may not be unreasonably large.

(2) Variations resulting from exposure. Variations from the declared weight or measure shall be permitted if 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. The phrase "introduced into intrastate commerce" as used in this paragraph means the time and the place at which the first sale and delivery of a package is made within the Commonwealth, the delivery being either of the following:

(i) Directly to the purchaser or to his agent.

(ii) To a common carrier for shipment to the purchaser, and if 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 will not be permitted.

Notes

70 Pa. Code § 27.31

This section cited in 70 Pa. Code § 27.32 (relating to magnitude of permitted variations).