§ 191 — Standardized packaging

§ 191. Standardized packaging. 1. For the purposes of this section:\n a. "Food store" shall mean a store selling primarily food at retail,\nwhich store is not primarily engaged in the sale of food for consumption\non the premises.\n b. "Consumer commodities" shall mean:\n (1) food, including all material, solid, liquid, or mixed, whether\nsimple or compound, used or intended for consumption by human beings or\ndomestic animals normally kept as household pets and all substances or\ningredients to be added thereto for any purpose;\n (2) napkins, facial tissues, toilet tissues, foil wrapping, plastic\nwrapping, paper toweling, disposable plates and cups;\n (3) detergents, soaps and other cleansing agents; and\n (4) non-prescription drugs, female hygiene products, and toiletries.\n c. "Package" shall mean any container or wrapper in which a consumer\ncommodity is enclosed and offered or exposed for sale in a food store.\n d. "Package size" shall mean the physical dimensions of a container\nwhich encloses a consumer commodity.\n e. "Quantity" shall mean the net weight, volume, numerical count, area\nor linear measure, as appropriate, of the contents of a package.\n f. "Person" shall mean any individual, partnership, corporation,\nassociation, or firm.\n 2. Upon the petition of a substantial number of each group of\nmanufacturers, packers, distributors, and retailers of any consumer\ncommodity packaged or wrapped in advance of being offered or exposed for\nsale in a food store, the commissioner may hold a public hearing upon\ndue notice to consider rules and regulations prescribing standard\nquantities or package sizes by which any such commodity shall be sold,\nor offered or exposed for sale in a food store. If the commissioner\nfinds that the proposed standardization will reduce an undue\nproliferation of package sizes and facilitate the ability of consumers\nto make price comparisons, he may adopt and promulgate such rules and\nregulations with respect to such commodity unless a voluntary product\nstandard has been established for such commodity pursuant to the federal\nfair packaging and labelling act. In addition to any such commodities,\nthe commissioner may by rule and regulation, and without any public\nhearing, prescribe the existing standard quantities or package sizes for\nmilk, cream, melloream, frozen desserts, flours and meals; thereafter\nthe commissioner may prescribe standard quantities or package sizes for\nsuch commodities, whether or not a voluntary product standard has been\nestablished, without petition but shall hold a public hearing prior to\nthe promulgation thereof.\n 3. No person shall sell, offer or expose for sale in a food store any\nconsumer commodity for which the commissioner has prescribed, pursuant\nto subdivision two herein, a standardized quantity or package size\nexcept in a package or by a quantity which conforms to that prescribed\nby the commissioner.\n