15 U.S.C. § 1451 — Congressional declaration of policy

Page 1410 TITLE 15—COMMERCE AND TRADE §§ 1411 to 1420 Section 1410a, Pub. L. 89–563, title I, § 124, as added Pub. L. 93–492, title I, § 106, Oct. 27, 1974, 88 Stat. 1481, related to petitions of interested persons to commence proceedings on orders issued under sections 1392 and 1412(b) of this title. See sections 30103 and 30162 of Title 49. Section 1410b, Pub. L. 89–563, title I, § 125, as added Pub. L. 93–492, title I, § 109, Oct. 27, 1974, 88 Stat. 1482; amended S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980, related to occupant restraint systems. See section 30124 of Title 49. PART B—DISCOVERY, NOTIFICATION, AND REMEDY OF MOTOR VEHICLE DEFECTS §§ 1411 to 1420. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section 1411, Pub. L. 89–563, title I, § 151, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification respecting manufacturer’s find- ing of defect or failure to comply with motor vehicle safety standard. See section 30118 of Title 49, Transpor- tation. Section 1412, Pub. L. 89–563, title I, § 152, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification of Secretary’s finding of defect or failure to comply with motor vehicle safety stand- ard, publication in Federal Register, and opportunity to present data, views, and arguments. See section 30118 of Title 49. Section 1413, Pub. L. 89–563, title I, § 153, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1471; amended Pub. L. 97–331, § 4(b), Oct. 15, 1982, 96 Stat. 1620; Pub. L. 102–240, title II, § 2504(a), Dec. 18, 1991, 105 Stat. 2083, related to contents, time, and method of notifica- tion regarding manufacturer’s finding of defect or fail- ure to comply with motor vehicle safety standard. See sections 30118 and 30119 of Title 49. Section 1414, Pub. L. 89–563, title I, § 154, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1472; amended Pub. L. 102–240, title II, § 2504(b), Dec. 18, 1991, 105 Stat. 2083, related to remedy for defect or failure to comply with motor vehicle safety standard. See sec- tions 30119 and 30120 of Title 49. Section 1415, Pub. L. 89–563, title I, § 155, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1474; amended Pub. L. 98–620, title IV, § 402(17), Nov. 8, 1984, 98 Stat. 3358, related to enforcement of notification and remedy orders. See section 30121 of Title 49. Section 1416, Pub. L. 89–563, title I, § 156, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1475, related to hearing on reasonableness of notification and remedy for defect or failure to comply with motor vehicle safety standard. See sections 30118 and 30120 of Title 49. Section 1417, Pub. L. 89–563, title I, § 157, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1475, related to exemption for inconsequential defect or fail- ure to comply with motor vehicle safety standard. See sections 30118 and 30120 of Title 49. Section 1418, Pub. L. 89–563, title I, § 158, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1475; amended Pub. L. 95–599, title III, § 317, Nov. 6, 1978, 92 Stat. 2752; Pub. L. 97–331, § 4(a), Oct. 15, 1982, 96 Stat. 1619, related to information, disclosure, and record- keeping, and to confidential information. See sections 30117, 30166, and 30167 of Title 49. Section 1419, Pub. L. 89–563, title I, § 159, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1476, provided definitions for purposes of this part. See sec- tion 30102 of Title 49. Section 1420, Pub. L. 89–563, title I, § 160, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1477, provided that this part did not create or affect war- ranty obligations under State or Federal law and that consumer remedies under this part were in addition to, and not in lieu of, rights or remedies under State or Federal law. See section 30103 of Title 49. SUBCHAPTER II—TIRE SAFETY §§ 1421 to 1426. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section 1421, Pub. L. 89–563, title II, § 201, Sept. 9, 1966, 80 Stat. 728, related to labeling for pneumatic tires and required contents of label. Section 1422, Pub. L. 89–563, title II, § 202, Sept. 9, 1966, 80 Stat. 729, related to maximum permissible load standards for original equipment tires. See section 30123 of Title 49, Transportation. Section 1423, Pub. L. 89–563, title II, § 203, Sept. 9, 1966, 80 Stat. 729, related to uniform quality grading system for motor vehicle tires and elimination of deceptive and confusing tire nomenclature. See section 30123 of Title 49. Section 1424, Pub. L. 89–563, title II, § 204, Sept. 9, 1966, 80 Stat. 729; Pub. L. 93–492, title I, § 110(c), Oct. 27, 1974, 88 Stat. 1484, related to regrooved tires. See sections 30123, 30163, and 30165 of Title 49. Section 1425, Pub. L. 89–563, title II, § 205, Sept. 9, 1966, 80 Stat. 729, provided that, in event of conflict, orders and regulations issued by Secretary under this sub- chapter and subchapter I of this chapter applicable to motor vehicle tires were to prevail over orders and in- terpretations issued by Federal Trade Commission. See section 30123 of Title 49. Section 1426, Pub. L. 89–563, title II, § 206, as added Pub. L. 91–265, § 6, May 22, 1970, 84 Stat. 263, related to safety standards for retreaded tires. SUBCHAPTER III—RESEARCH AND TEST FACILITIES § 1431. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 89–563, title III, § 301, as added Pub. L. 91–265, § 7, May 22, 1970, 84 Stat. 263; amended H. Res. 988, Jan. 3, 1975; S. Res. 4, Feb. 4, 1977; H. Res. 549, Mar. 25, 1980, related to facilities for research and testing in traffic safety. CHAPTER 39—FAIR PACKAGING AND LABELING PROGRAM Sec. 1451. Congressional declaration of policy. 1452. Unfair and deceptive packaging and labeling; scope of prohibition. 1453. Requirements of labeling; placement, form, and contents of statement of quantity; sup- plemental statement of quantity. 1454. Rules and regulations. 1455. Procedure for promulgation of regulations. 1456. Enforcement. 1457. Omitted. 1458. Cooperation with State authorities; trans- mittal of regulations to States; noninter- ference with existing programs. 1459. Definitions. 1460. Savings provisions. 1461. Effect upon State law. § 1451. Congressional declaration of policy Informed consumers are essential to the fair and efficient functioning of a free market econ- omy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facili- tate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to as- sist consumers and manufacturers in reaching these goals in the marketing of consumer goods. (Pub. L. 89–755, § 2, Nov. 3, 1966, 80 Stat. 1296.) Page 1411 TITLE 15—COMMERCE AND TRADE § 1453 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–755, § 13, Nov. 3, 1966, 80 Stat. 1302, provided that: ‘‘This Act [enacting this chapter] shall take effect on July 1, 1967: Provided, That the Secretary (with re- spect to any consumer commodity which is a food, drug, device, or cosmetic, as those terms are defined by the Federal Food, Drug, and Cosmetic Act) [section 301 et seq. of Title 21, Food and Drugs], and the Commis- sion (with respect to any other consumer commodity) may by regulation postpone, for an additional twelve- month period, the effective date of this Act [this chap- ter] with respect to any class or type of consumer com- modity on the basis of a finding that such a postpone- ment would be in the public interest.’’ SHORT TITLE Pub. L. 89–755, § 1, Nov. 3, 1966, 80 Stat. 1296, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Fair Packaging and Labeling Act’.’’ § 1452. Unfair and deceptive packaging and label- ing; scope of prohibition (a) Nonconforming labels It shall be unlawful for any person engaged in the packaging or labeling of any consumer com- modity (as defined in this chapter) for distribu- tion in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provi- sions of this chapter and of regulations promul- gated under the authority of this chapter. (b) Exemptions The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such per- sons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such com- modities are packaged or labeled. (Pub. L. 89–755, § 3, Nov. 3, 1966, 80 Stat. 1296.) § 1453. Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity (a) Contents of label No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any pack- aged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that— (1) The commodity shall bear a label speci- fying the identity of the commodity and the name and place of business of the manufac- turer, packer, or distributor; (2) The net quantity of contents (in terms of weight or mass, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch/pound sys- tem of measure, as provided in paragraph (3) of this subsection, and, except as provided in paragraph (3)(A)(ii) or paragraph (6) of this subsection, the SI metric system; (3) The separate label statement of net quan- tity of contents appearing upon or affixed to any package— (A)(i) if on a package labeled in terms of weight, shall be expressed in pounds, with any remainder in terms of ounces or com- mon or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart; (ii) if on a random package, may be ex- pressed in terms of pounds and decimal frac- tions of the pound carried out to not more than three decimal places and is not re- quired to, but may, include a statement in terms of the SI metric system carried out to not more than three decimal places; (iii) if on a package labeled in terms of lin- ear measure, shall be expressed in terms of the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard; (iv) if on a package labeled in terms of measure of area, shall be expressed in terms of the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any re- mainder in terms of square inches or com- mon or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by topog- raphy, layout, color, embossing, or molding) with other matter on the package; (C) shall contain letters or numerals in a type size which shall be (i) established in re- lationship to the area of the principal dis- play panel of the package, and (ii) uniform for all packages of substantially the same size; and (D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be dis- played; and (4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a state- ment of the net quantity (in terms of weight or mass, measure, or numerical count) of each such serving. (5) For purposes of paragraph (3)(A)(ii) of this subsection the term ‘‘random package’’ means a package which is one of a lot, ship- ment, or delivery of packages of the same con- sumer commodity with varying weights or masses, that is, packages with no fixed weight or mass pattern. (6) The requirement of paragraph (2) that the statement of net quantity of contents include a statement in terms of the SI metric system shall not apply to foods that are packaged at the retail store level.