Conn. Agencies Regs. § 21a-115-26 - Labeling of cosmetics; information re manufacturer, packer or distributor; statement of quantity
(a) If a cosmetic
is not manufactured by the person whose name appears on the label, the name
shall be qualified by a phrase which reveals the connection such person has
with such cosmetic , such as, "Manufactured for and Packed by . . . . . . . ,"
"Distributed by . . . . . . . " or other similar phrase which expresses the
facts.
(b) The statement of the
place of business shall include the street address, if any, of such place,
unless such street address is shown in a current city directory or telephone
directory.
(c) Where a person
manufactures, packs or distributes a cosmetic at a place other than his
principal place of business, the label may state the principal place of
business in lieu of the actual place where each package of such cosmetic was
manufactured or packed or is to be distributed, if such statement is not
misleading in any particular.
(d)
The requirement that the label shall contain the name and place of business of
the manufacturer, packer or distributor shall not be considered to relieve any
cosmetic from the requirement that its label shall not be misleading in any
particular.
(e)
(1) The statement of the quantity of the
contents shall reveal the quantity of cosmetic in the package, exclusive of
wrappers and other material packed with such cosmetic .
(2) The statement shall be expressed in the
terms of weight, measure or numerical count, or a combination of numerical
count and weight or measure, which are generally used by the consumers to
express quantity of such cosmetic and which give accurate information as to the
quantity thereof. But if no general consumer usage in expressing accurate
information as to the quantity of such cosmetic exists, the statement shall be
in terms of liquid measure if the cosmetic is liquid, or in terms of weight if
the cosmetic is solid, semi-solid or viscous, or in such terms of numerical
count, or numerical count and weight or measure, as will give accurate
information as to the quantity of the cosmetic in the package.
(f)
(1) A statement of weight shall be in terms
of the avoirdupois pound and ounce. A statement of liquid measure shall be in
terms of the United States gallon of two hundred thirty-one cubic inches and
quart, pint and fluid ounce subdivisions thereof, and shall express the volume
at 68°F. (20°C.). However, in the case of an export shipment, the
statement may be in terms of a system of weight or measure in common use in the
country to which shipment is exported.
(2) A statement of weight or measure in the
terms specified in subdivision (1) of this subsection may be supplemented by a
sement in terms of the metric system of weight or measure.
(3) Unless an unqualified statement of
numerical count gives accurate information as to the quantity of cosmetic in
the package, it shall be supplemented by such statement of weight, measure or
size of the individual units of the cosmetic as will give such
information.
(g)
Statements shall contain only such fractions as are generally used in
expressing the quantity of the cosmetic . A common fraction shall be reduced to
its lowest terms; a decimal fraction shall not be carried out to more than two
places.
(h)
(1) If the quantity of cosmetic in the
package equals or exceeds the smallest unit of weight or measure which is
specified in subsection (f) of this section, and which is applicable to such
cosmetic under the provisions of subsection (e) (2) of this section, the
statement shall express the number of the largest of such units contained in
the package (for example, the statement on the label of a package which
contains one pint of cosmetic shall be "1 pint" and not "16 fluid ounces"),
unless the statement is made in accordance with the provisions of subdivision
(2) of this subsection. Where such number is a whole number and a fraction,
there may be substituted for the fraction its equivalent in smaller units, if
any smaller is specified in subsection (f) (for example, 1¾ quarts may
be expressed as "1 quart 1½ pints" or "1 quart 1 pint 8 fluid ounces";
1¼ pounds may be expressed as "1 pound 4 ounces"). The stated number of
any unit which is smaller than the largest unit, specified in subsection (f),
contained in the package shall not equal or exceed in number of such smaller
units in the next larger unit so specified (for example, instead of "1 quart 16
fluid ounces" the statement shall be "1½ quarts" or "1 quart 1 pint";
instead of "24 ounces" the statement shall be "1½ pounds" or "1 pound 8
ounces").
(2) In the case of a
cosmetic with respect to which there exists an established custom of stating
the quantity of the contents as a fraction of a unit, which unit is larger than
the quantity contained in the package, or as units smaller than the largest
unit contained therein, the statement may be made in accordance with such
custom if it is informative to consumers.
(i) The statement shall express the minimum
quantity, or the average quantity, of the contents of the packages. If the
statement is not so qualified as to show definitely that the quantity expressed
is the minimum quantity, the statement shall be considered to express the
average quantity.
(j) Where the
statement expresses the minimum quantity, no variation below the stated minimum
shall be permitted except variations below the stated weight or measure caused
by ordinary and customary exposure, after the cosmetic is introduced into
interstate commerce, to conditions which normally occur in good distribution
practice and which unavoidably result in decreased weight or measure.
Variations above the stated minimum shall not be unreasonably large.
(k) Where the statement does not express the
minimum quantity (1) variations from the stated weight or measure shall be
permitted when caused by ordinary and customary exposure, after the cosmetic is
introduced into interstate commerce, to conditions which normally occur in good
distribution practice and which unavoidably result in change of weight or
measure; (2) variations from the stated weight, measure or numerical count
shall be permitted when caused by unavoidable deviations in weighing, measuring
or counting individual packages which occur in good packing practice. But under
this subdivision variations shall not be permitted to such extent that the
average of the quantities in the packages comprising a shipment or other
delivery of the cosmetic is below the quantity stated, and no unreasonable
shortage in any package shall be permitted, even though overages in other
packages in the same shipment or delivery compensate for such
shortage.
(l) The extent of
variations from the stated quantity of the contents permissible under
subsections (j) and (k) of this section in the case of each shipment or other
delivery shall be determined by the facts in such case.
(m) A cosmetic shall be exempt from
compliance with the requirements of sudivision (2) of subsection (b) of section
21a-112
of the general statutes if the quantity of the contents of the package, as
expressed in terms applicable to such cosmetic under the provisions of
subsection (e) (2) of this section, is less than one-fourth ounce avoirdupois,
or less than one-eighth fluid ounce, or, in case the units of the cosmetic can
be easily counted without opening the package, less than six units.
Notes
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