27.0686 Variation from declaration.

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(a) Variations from the declared net weight, measure, or count shall be 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 shall not be 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 shall be permitted, even though averages in other packages in the same shipment, delivery, or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.

(b) Variations from the declared weight or measure shall be 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 subsection shall be construed to define the time and the place at which the first sale and delivery of a package is made within the territory, the delivery being either;

(1) directly to the purchaser or to his agent; or

(2) to a common carrier for shipment to the purchaser, and this subsection shall 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 shall not be permitted.

(c) The magnitude of variations permitted under this section shall, in the case of any shipment, delivery, or lot, be determined by the facts in the individual case.

History: Rule 6-76, eff 19 Oct 76, § 72.