§ 24. Except as otherwise provided in this Act, any commodity in package form introduced
or delivered for introduction into or received in intrastate commerce or kept, offered
or exposed for sale in intrastate commerce shall bear on the outside of the package
a definite, plain and conspicuous declaration of (1) the identity of the commodity
in the package, (2) the net quantity of the contents in terms of weight, measure or
count, and (3) in the case of any package kept, offered or exposed for sale, or sold
elsewhere than on the premises where packed, the name and place of business of the
manufacturer, the packer, or the distributor as may be prescribed by regulation issued
by the Director. In relation to such declaration of net quantity, neither the qualifying term “when
packed” or any words of similar import, nor any term qualifying a unit of weight,
measure or count which exaggerates the amount of commodity in a package, shall be
used. Any package that is introduced or delivered for introduction into or received in
intrastate commerce or kept, offered, or exposed for sale in intrastate commerce may
be opened for inspection without cost to the Department for the purpose of determining
the net contents. All opened products shall remain at the point of inspection. Also in relation to such declaration of net quantity, the Director shall by regulation
establish (a) reasonable variations to be allowed, which may include variations below
the declared weight or measure caused by ordinary and customary exposure, only after
the commodity is introduced into intrastate commerce, to conditions that normally
occur in good distribution practice and that unavoidably result in decreased weight
or measure, (b) exemptions as to small packages, and (c) exemptions as to commodities
put up in variable weights or sizes for sale intact and either customarily not sold
as individual units or customarily weighed or measured at time of sale to the consumer.
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