Sec.21a-115-8. Food label requirements. Exemptions

(a) If a food 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 food, 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 food 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 food 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 food 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 food in the package, exclusive of wrappers and other material packed with such food. (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 consumers to express quantity of such food and which give accurate information as to the quantity thereof. If no general consumer usage in expressing accurate information as to the quantity of such food exists, the statement shall be in terms of liquid measure if the food is liquid, or in terms of weight if the food is solid, semi-solid, viscous or a mixture of solid and liquid.

(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, except in case of frozen food which is so consumed, shall express the volume at 68° F. (20° C.). A statement of dry measure shall be in terms of the United States bushel of 2150.42 cubic hes and peck, dry quart and dry pint subdivisions thereof or in terms of the United States standard barrel and its subdivisions of third, half and three-quarters barrel. 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 such 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 statement 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 food in the package, it shall be supplemented by such statement of weight, measure or size of the individual units of the foods as will give such information.

(g) Statements shall contain only such fractions as are generally used in expressing the quantity of the food. 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 food 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 food under the provisions of subsection (e) (2) of this section, the statement shall express, except as provided in subdivision (2) of this subsection, 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 quart of food shall be "1 quart," and not "2 pints" or "32 fluid ounces"). 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, 1¼ 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 the 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 food 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) (1) Statement of quantity shall express the minimum or the average. If the statement is not so qualified as to show that the quantity expressed is the minimum, it shall be considered to express the average quantity in the package. (2) The average weight, measure or numerical count of the contents of at least six packages shall fully equal the weight, measure or numerical count stated on the package. In the case of bread, section 21a-154 of the general statutes requires the average weight to be determined on the basis of twelve packages.

(j) A food shall be exempt from compliance with the requirements of subdivision (2) of subsection (e) of section 21a-102 of the general statutes, if (1) the quantity of the contents, as expressed in terms applicable to such food under the provisions of subsection (e) (2) of this section, is less than one-half ounce avoirdupois, or less than one-half fluid ounce, or, in case the units of the food can be easily counted without opening the package, less than six units; or (2) the statement of the quantity of the contents of the package, together with all other words, statements and information required by or under authority of the act to appear on the label, cannot, because of insufficient label space, be so placed on the label as to comply with the requirements of section 21a-102 of the general statutes and regulations promulgated thereunder.

(Effective July 27, 1984)