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• <br /> • <br /> SECTION 19. SAME: DECLARATIONS OF UNIT PRICE ON RANDOM PACKAGES. <br /> In addition to the declarations required by section 18 of this Ordinance, any <br /> commodity in package form, the package being one of a lot containing random <br /> weights, measures, or counts of the same commodity and bearing the total <br /> selling price of the package, shall bear on the outside of the package a plain <br /> and conspicuous declaration of the price per single unit of weight, measure, <br /> or count. <br /> SECTION 20. SAME: MISLEADING PACKAGES. No commodity in package <br /> form shall be so wrapped, nor shall it be in a container so made, formed, <br /> or filled, as to mislead the purchaser as to the quantity of the contents <br /> of the package, and the contents of a container shall not fall below such <br /> reasonable standard of fill as may have been prescribed for the commodity in <br /> question by the sealer. <br /> SECTION 21. SAME: ADVERTISING PACKAGES FOR SALE. Whenever a com- <br /> modity in package form is advertising in any manner and the retail price <br /> of such commodity is mentioned, there shall be declared conspicuously in <br /> such advertisement the actual weight, measure, or count of the contents of <br /> the package as is declared on the package. <br /> SECTION 22: SAME: PACKAGES--EXEMPTIONS, MARKING REQUIREMENTS, <br /> VARIATIONS. This section shall apply to any commodity in package form-- <br /> that is, any commodity put up or packaged in any manner in advance of sale <br /> (except an auxiliary container, not intended to be sold to the consumer <br /> intact, enclosing packages that are individually marked in conformance with <br /> the requirements of this regulation) and to any item on which there is marked <br /> a selling price based on an established price per unit of weight or measure: <br /> Provided, That a package shall be exempt from the requirement for declaration <br /> of quantity if, in terms applicable to the commodity, it contains (a) in the <br /> case of a commodity not a drug or cosmetic, less than 1/2 ounce avoirdupois, <br /> less than 1/2 fluiduou4ce, or less than 6 units, (b) in the case of a drug, <br /> less than 6 units, or (c) in the case of a cosmetic, less than 1/4 ounce <br /> avoirdupois, less than 1/8 fluid ounce, or less than 6 units. (Exemptions <br /> involving declarations in terms of count shall be permitted only if the units <br /> of commodity can easily be counted without opening the package.) <br /> A. DECLARATION OF IDENTITY. The declaration of identity shall <br /> positively identify the commodity in the package by description, generic <br /> term, or the like, unless the commodity may easily be identified through the <br /> wrapper or container. <br /> B. DECLARATION OF QUANTITY. <br /> B.1. NET QUANTITY. The declaration of quantity shall disclose the <br /> net quantity of the commodity--that is, the quantity of commodity in the pack- <br /> age exclusive of wrappers and any other material packed with such commodity. <br /> B.2. TERMS--WEIGHT, MEASURE, OR COUNT. The declaration of the <br /> quantity of a particular commodity shall be expressed in such terms of <br /> weight, measure, or count, or a combination of count and weight, measure, <br /> or size, as have been firmly established in general consumer usage and trade <br /> custom and as give accurate information as to the quantity of the commodity. <br /> But if there exists no firmly established general consumer usage and trade <br /> custom with respect to the terms used in expressing such declaration of <br /> quantity, the declaration shall be in terms of liquid measure if the com- <br /> modity is liquid, or in terms of weight if the commodity is solid, semi-solid, <br /> viscous, or a mixture of solid and liquid: Provided, That, if the commodity <br /> is a textile material, the declaration shall be in terms of linear measure unless <br /> the material is one in which there exists a firmly established general consumer <br /> usage and trade custom to declare the quantity in terms of weight, in which <br /> case the declaration may be in terms of weight. <br /> - 5 - <br />