Title 4 Utah Agricultural Code Chapter 5 Utah Wholesome Food Act Section 15 Consumer commodities -- Labeling and packaging.
4-5-15.Consumer commodities -- Labeling and packaging.
(1) All labels of consumer commodities, as defined by this chapter, shall conform with
the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the
regulations promulgated pursuant thereto: provided, that consumer commodities exempted from
15 U.S.C. Sec. 1453(4) shall also be exempt from this Subsection (1).
(2) The label of any package of a consumer commodity that bears a representation as to
the number of servings of the commodity contained in the package shall bear a statement of the
net quantity in terms of weight, measure, or numerical count for each serving.
(3) (a) No person shall distribute or cause to be distributed in commerce any packaged
consumer commodity if any qualifying words or phrases appear in conjunction with the separate
statement of the net quantity of contents required by Subsection (1), but nothing in this section
shall prohibit supplemental statements, at other places on the package, describing in
nondeceptive terms the net quantity of contents.
(b) Supplemental statements of net quantity of contents may not include any term
qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the
commodity contained in the package.
(4) (a) Whenever the department determines that rules other than those prescribed by
Subsection(1) are necessary to prevent the deception of consumers or to facilitate value
comparisons as to any consumer commodity, the department shall promulgate rules effective to:
(i) establish and define standards for the characterization of the size of a package
enclosing any consumer commodity, which may be used to supplement the label statement of net
quantity of contents of packages containing the commodity, but this Subsection (4) shall not be
construed as authorizing any limitation on the size, shape, weight, dimensions, or number of
packages that may be used to enclose any commodity;
(ii) regulate the placement upon any package containing any commodity, or upon any
label affixed to a commodity, of any printed matter stating or representing by implication that the
commodity is offered for retail sale at a price lower than the ordinary and customary retail sale
price or that a retail sale price advantage is accorded to purchasers by reason of the size of that
package or the quantity of its contents;
(iii) require that the label on each package of a consumer commodity bear:
(A) the common or usual name of such consumer commodity, if any; and
(B) if the consumer commodity consists of two or more ingredients, the common or usual
name of each such ingredient listed in order of decreasing predominance, but nothing in this
Subsection (4) shall be considered to require that any trade secret be divulged; or
(iv) prevent the nonfunctional slack-fill of packages containing consumer commodities.
(b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled if
it is filled to substantially less than its capacity for reasons other than:
(i) protection of the contents of such package; or
(ii) the requirements of machines used for enclosing the contents in such package;
provided, that the department may adopt any rules promulgated according to the Fair Packaging
and Labeling Act, 15 U.S.C. Sec. 1453.
Amended by Chapter 179, 2007 General Session
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