Ga. Comp. R. & Regs. R. 40-15-3-.11 - Exemptions

(1) General. Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity required to appear on the package shall be in terms of the largest whole unit (except see subparagraph 40-15-3-.10(3)(c)).

(2) Random Packages. A random package bearing a label conspicuously declaring

(a) the net weight,

(b) the price per kilogram or pound, and

(c) the total price shall be exempt from the type size, dual declaration, placement, and free area requirements of the regulation. In the case of a random package at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package provided the package label includes both such prices at the time it is offered or exposed for sale at retail.

(This exemption shall apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.)

(3) Small Confections. Individually-wrapped pieces of "penny candy" and other confectionery of less than 15 grams or one-half ounce net weight per individual piece shall be exempt from the labeling requirements of this regulation when the container in which such confectionery is shipped is in conformance with the labeling requirements of this regulation. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling requirements of this regulation, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this regulation.

(4) Individual Servings. Individual-serving-size packages of foods containing less than 15 grams or 1/2 ounce or less than 15 milliliters or 1/2 fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this regulation.

(5) Cuts, Plugs, and Twists of Tobacco and Cigars. When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this regulation, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.

(6) Reusable (Returnable) Glass Containers. Nothing in this regulation shall be deemed to preclude the continued use of reusable (returnable) glass containers: Provided, that such glass containers ordered after the effective date of this regulation shall conform to all requirements of this regulation.

(7) Cigarettes and Small Cigars. Carton of cigarettes and small cigars, containing ten individual packages of twenty, labeled in accordance with the requirements of this regulation, shall be exempt from the requirements set forth in paragraph 40-15-3-.08(1) Location, paragraph 40-15-3-.08(5) Minimum Height of Numbers and Letters, and paragraph 40-15-3-.10(3) Multi-Unit Packages; Provided, that such cartons bear a declaration of the net quantity of commodity in package.

(8) Packaged Commodities with Labeling Requirements Specified in Federal Law. Packages of meat and meat products, poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides and alcoholic beverages shall be exempt from those portions of these regulations requiring dual declarations in customary units and specifying locations and minimum type size of the net quantity declaration: Provided, that quantity labeling requirements for such products are specified in Federal Law, so as to follow reasonably sound principles of providing consumer information.

(9) Fluid Dairy Products, Ice Cream, and Similar Frozen Desserts.

(a) When packaged in 1/2-liquid-pint and 1/2-gallon containers, are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.

(b) When packaged in 1-liquid-pint, 1-liquid-quart, and 1/2-gallon containers, are exempt from the dual net contents declaration requirements of paragraph 40-15-3-.06(12).

(c) When measured by and packaged in measure containers as defined in "Measure Container Code of National Bureau of Standards HANDBOOK 44," are exempt from the requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net contents be located within the bottom 30 percent of the principal display panel.

(d) Milk and milk products when measured by and packaged in glass or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities are exempt from the placement requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net contents be located within the bottom 30 percent of the principal display panel; Provided, that other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(10) Single Strength and Less than Single Strength Fruit Juice Beverages, Imitations Thereof, and Drinking Water.

(a) When packaged in glass, plastic, or fluid milk type paper containers of 8 and 64-fluid-ounce capacity, are exempt from the requirements of subparagraph 40-15-3-.06(5)(b), to the extent that net content of 8 fluid ounces and 64 fluid ounces (or 2 quarts) may be expressed as 1/2 pint (or half pint) and 1/2 gallon (or half gallon), respectively.

(b) When packaged in glass, plastic, or fluid milk type paper containers of 1-pint, 1-quart, and 1/2-gallon capacities, are exempt from the dual net contents declaration requirements of paragraph 40-15-3-.06(11).

(c) When packaged in glass or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities, are exempt from the placement requirements of subparagraph 40-15-3-.08(1)(a) that the declaration of net content be located within the bottom 30 percent of the principal display panel; Provided, that other label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is above the shoulder of the container.

(11) Soft-Drink Bottles. Bottles of soft drinks shall be exempt from the placement requirements for the declaration of:

(a) identity, when such declaration appears on the bottle closure; and,

(b) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by this regulation appears only on the bottle closure.

(12) Multi-Unit Soft Drink Packages. Multi-unit packages of soft drinks are exempt from the requirement for a declaration of:

(a) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside; and,

(b) identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.

(13) Butter. When packaged in 4-ounce, 8-ounce, and 1-pound packages with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity (paragraph 40-1 5-3-.03(1)(a)) and the net quantity declaration (paragraph 40-15-3-.08(3)) be generally parallel to the base of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the requirement for location (40-15-3-.08(1)(a)) of the net quantity declaration and, when in 1-pound units, is exempt from the requirement for dual quantity declaration (paragraph 40-15-3-.06(11)).

(14) Eggs. Cartons containing 12 eggs shall be exempt from the requirement for location (subparagraph 40-15-3-.08(1)(a)) of net quantity declaration.

(15) Flour. Packages of wheat flour in conventional 2-, 5-, 10-, 25-, 50- and 100- pound packages shall be exempt from the requirement in this regulation for location (subparagraph 40-15-3-.08(1)(a)) of the net quantity declaration and, when packaged in units of 2 pounds, shall be exempt also from the requirements for a dual quantity declaration (40-15-3-.06(11)).

(16) Small Packages. On a principal display panel of 5 square inches or less, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of this regulation.

(17) Decorative Containers. The principal display panel of a cosmetic marketed in a boudoir-type container including decorative cosmetic containers of the "cartridge," "pill box," "compact," or "pencil" variety, and those with a capacity of 1/4 ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required in this regulation.

(18) Combination Packages. Combination packages are exempt from the requirements in this regulation for

(a) Location (40-15-3-.08(1)(a)),

(b) Free Area (paragraph 40-15-3-.08(2)), and

(c) Minimum Weight of Numbers and Letters (subparagraph 40-15-3-.08(5)).

(19) Margarine. Margarine in 1 pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for location (subparagraph 40-15-3-.08(1)(a)) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration (paragraph 40-15-3-.06(11)).

(20) Corn Flour and Corn Meal. Corn flour and corn meal packages in conventional 5-, 10-, 25-, 50-, 100-pound bags shall be exempt from the requirement in this regulation for location of net quantity declaration (subparagraph 40-15-3-.08(1)(a)).

(21) Paints and Kindred Products.

(a) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packed in 1-liquid-pint and 1-liquid-quart units shall be exempt from the dual declaration requirements of paragraph 40-15-3-.06(12).

(b) Tint base paint may be labeled on the principal display panel, as required by this regulation, in terms of a quart or a gallon including the addition of a colorant selected by the purchaser, provided that the system employed ensures that the purchaser always obtains a quart or a gallon; and further provided that in conjunction with the required quantity statement on the principal display panel, a statement indicating that the tint base paint is not to be sold without the addition of colorant is present; and further provided that the contents of the container, before the addition of the colorant, is stated in fluid ounces elsewhere on the label.

(Whenever the above conditions cannot be met, containers of tint base paint must be labeled with a statement of the actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.)

(22) Automotive Cooling System Antifreeze. Antifreeze, when packed in 1-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of paragraph 40-15-3-.06(12).

(23) Motor Oils. Motor oils, when packed in 1-liquid-quart units, shall be exempt from the dual quantity declaration requirements of paragraph 40-15-3-.06(12). Additionally, motor oil in 1-liquid-quart, 1-gallon, 1-1/4 gallon, 2-gallon, 2-1/2; gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of 40-15-3-.03 Declaration of Identity: Consumer Package, to the extent that the Society of Automotive Engineers (SAE) viscosity number is required to appear on the principal display panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 millimeters or 1/4 inch.

(24) Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar Products. Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements for location (subparagraph 40-15-3-.08(1)(a)), Size of Letter or Numbers (paragraph 40-15-3-.08(5) and 40-15-3-.08(6)), Free Area (paragraph 40-15-3-.08(2)) and the declaration of identity and responsibility (paragraph 40-15-3-.03(1) and 40-15-3-.05); Provided, that declarations of identity, quantity and responsibility are presented on a permanently attached label and satisfy the other requirements of this regulation and further provided that the information on such permanently attached label be fully observable to the purchaser.

(25) Commodities, Variable Weights and Sizes. Individual-packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from the requirements of Rule 40-15-3-.06, Declaration of Quantity: Consumer Packages, while moving in commerce and while held for sale prior to weighing and marking; Provided, that the outside container bears a label declaration of the total net weight.

(26) Packaged Commodities Sold by Count. When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this regulation except that those containing 6 or less items need not include a statement of count.

(27) Fishing Lines and Reels. Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of subparagraph 40-15-3-.06(15)(a); Provided, that quantity or capacity, as appropriate is presented in terms of meters or yards in full accord with all other requirements of these regulations.

Notes

Ga. Comp. R. & Regs. R. 40-15-3-.11

O.C.G.A. Sec. 10-2-5(Ga. L. 1972, p. 654).

Original Rule entitled "Exemptions" was filed on November 30, 1973; effective December 20, 1973. Amended: Rule repealed and a new Rule of the same title adopted. Filed March 1, 1984; effective March 21, 1984.