Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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70 Pa. Code § 21.1. Definitions.

PRELIMINARY PROVISIONS


§ 21.1. Definitions.

 The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   Commodity in package form or package—A commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container containing packages that individually conform to the requirements of the act. An individual item or lot of a commodity not in package form, or which does not meet this definition, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be a commodity in package form.

   Consumer package or package of consumer commodity—A commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household in connection with personal possessions and which is usually consumed or expended in the course of the consumption or use.

   Label

     (i)   A written, printed or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on or appearing upon or adjacent to a consumer commodity or a package containing a consumer commodity, for purposes of branding, identifying or giving information with respect to a commodity or to the contents of a package.

     (ii)   The term does not include a tag of an inspector or other nonpromotional matter affixed to or appearing upon a consumer commodity.

   Multiunit package—A package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multiunit package but capable of being individually sold in full compliance with this part.

   Nonconsumer package or package of nonconsumer commodity—A commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution only.

   Person—A corporation, partnership and association as well as a natural person.

   Polyethylene sheeting—Rolls, sheets, tarps, drop cloths and other items made from polyethylene, such as an ethylene copolymer consisting of a major proportion of ethylene in combination with a minor proportion of some other monomer or a mixture of polyethylene with a lesser amount of polymers. The sheeting may contain additives or modifiers such as pigments and stabilizers.

   Principal display panel—The part of a label designed to most likely be displayed, presented, shown or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, the requirements pertaining to the principal display panel pertain to all the panels.

   Random package—A package that is one of a lot, shipment or delivery of packages of the same consumer commodity with varying weights; that is, packages of the same consumer commodity with no fixed pattern of weight.

Authority

   The provisions of this §  21.1 amended under the Weights and Measures Act of 1965 (73 P. S. § §  1651—1692) (Transferred from 76 P. S. § §  100-1—100-42 in 1978); amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § §  4104—4194.

Source

   The provisions of this §  21.1 adopted December 1, 1965; amended through July 17, 1970; amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254; amended May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460. Immediately preceding text appears at serial pages (136553) to (136555).



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