§ 27.9. Fluid dairy products and frozen desserts.
Fluid dairy products, ice cream and similar frozen desserts shall be exempted as set forth in the following provisions:
(1) If packaged in 1/2 liquid pint and 1/2 gallon containers, such products 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.
(2) If packaged in 1 liquid pint, 1 liquid quart and 1/2 gallon containers, the products are exempt from the dual net contents declaration requirements of § 23.13(1f)(2) (relating to weight, liquid measure or count terminology).
(3) If measured by and packaged in 1/2 liquid pint, 1 liquid pint, 1 liquid quart, 1/2 gallon and 1 gallon measure containers as defined in ‘‘Measure Container Code of National Bureau of Standards Handbook 44,’’ the products are exempt from the requirements of § 23.21 (relating to general) that the declaration of net contents be located within the bottom 30% of the principal display panel.
(4) Milk and milk products when measured by and packaged in glass or plastic containers of 1/2 liquid pint, 1 liquid pint, 1 liquid quart, 1/2 gallon, and 1 gallon capacities are exempt from the placement requirement of § 23.21 that the declaration of net contents be located within the bottom 30% of the principal display panel, only if 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, molded on or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.
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