Subchapter C. SPECIFIC COMMODITY DECLARATIONS

§ 23.101. Eggs.

 If cartons containing 12 eggs have been designed so as to permit division in half by the retail purchaser, the required quantity declaration shall be so positioned as to have its context destroyed when the carton is divided.

 (a)  Wearing apparel. Wearing apparel, including nontextile apparel and accessories such as leather goods and footwear, sold as single-unit items or if normally sold in pairs, such as hosiery, gloves and shoes sold as single-unit pairs, are exempt from the requirements for a net quantity statement by count, as required by §  23.13(a) (relating to weight, liquid measure or count terminology).

 (b)  Textiles. Bedsheets, pillowcases, blankets, comforters, quilts, bedspreads, mattress covers and pads, afghans, throws, flags, dresser and other furniture scarfs, curtains, drapes, facecloths, dishcloths, dish towels, towels, tablecloths, napkins, utility cloths, bathmats, carpets and rugs, pot holders, fixture and appliance covers, nonrectangular diapers and slipcovers are exempt from the requirements of §  23.13(g), except as follows:

   (1)  The net quantity statement for fitted sheets and mattress covers shall state in inches the length and width of the mattress for which the item is designed, such as ‘‘twin,’’ ‘‘double,’’ ‘‘king’’ and the like. Example: ‘‘Twin Fitted Sheet for 39 x 75 in. mattress.’’

   (2)  The net quantity statement for nonfitted or flat sheets shall state the size designations of the mattress for which the sheet is designated, such as ‘‘twin,’’ ‘‘double,’’ ‘‘king’’ and the like, the quantity statement also shall state in inches the length and width of the mattress for which the sheet is designed, followed in parentheses by a statement, in inches of the length and width of the sheet. Example: ‘‘Double Flat Sheet for 54 x 75 in. mattress, 81 x 104 in.’’

   (3)  The net quantity statement for pillowcases shall state the size designation of the pillow for which the pillowcase is designed, such as ‘‘youth’’, ‘‘standard’’, ‘‘queen’’ and the like. The quantity statements also shall state in inches the length and width of the pillow for which the pillowcase is designed, followed in parentheses by a statement, in inches, of the length and width of the pillowcase before hemming. Example: ‘‘Standard Pillowcase for 20 x 26 in. pillow (42 x 36 in. before hemming).’’

   (4)  The net quantity statement for blankets, bedspreads, afghans, throws, comforters, quilts and mattress pads shall be expressed in terms of the finished length and width measurements in inches, which shall be followed in parentheses by a statement of the length of ornamentation, such as ‘‘including two inch fringe’’. The quantity statement shall also state the size of the mattress which the commodity is intended to fit such as ‘‘twin,’’ ‘‘double,’’ ‘‘king,’’ ‘‘queen’’ or the like.

   (5)  The net quantity statement for tablecloths and napkins shall be expressed in terms of finished length and width in inches, which may be followed in parentheses by a statement of length and width in inches in terms of the cut size, or size before hemming and properly identified as such.

   (6)  The net quantity statement for curtains, drapes, flags, dresser and other furniture scarfs shall be expressed in terms of linear dimensions in inches for the finished size, which shall be followed in parentheses by a statement of the length of ornamentation, such as ‘‘including 2-inch fringe.’’

   (7)  The net quantity statement for carpets and rugs shall be expressed in terms of length and width in feet, with any remainder in common or decimal fractions by the foot or in inches, which shall be followed in parentheses by a statement of the length of ornamentation, such as ‘‘including 2-inch fringe.’’

   (8)  The net quantity statement for woven dish towels, dish cloths, towels, face cloths, utility cloths, bath mats and the like shall state in inches the length and the width of the item.

   (9)  The net quantity statement for textile products such as pot holders, fixture and appliance covers, nonrectangular diapers, slip covers and the like shall be stated in terms of count and may include size designations and dimensions.

   (10)  The net quantity statement for other than rectangular textile products identified in paragraphs (1)—(9) shall state the geometric shape of the product and the dimensions which are customarily used in describing the geometric shape. Example: ‘‘Oval Tablecloth 54 x 42 in.,’’ representing the maximum length and width in this case.

 (c)  Sewing threads, handicraft threads and yarns. Sewing and handicraft threads are exempt from the requirements of §  23.13(e), except as follows:

   (1)  The net quantity statement for sewing and handicraft threads shall be expressed in terms of yards.

   (2)  The net quantity statement for yarns shall be expressed in terms of weight.

   (3)  Thread products may, in lieu of name and address, bear a trademark, symbol, brand or other mark that positively identifies the manufacturer, packer or distributor, if the marks, employed to identify the vendor, are filed with the Director.

   (4)  Each unit of industrial thread shall be marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces, except that ready-wound bobbins which are not sold separately, are not required to be individually marked but the package containing the bobbins shall be marked to show the number of bobbins contained therein and the net yards of thread on each bobbin.

 (d)  Textiles. Variations from declared dimensions are as follows:

   (1)  For an item with no declared dimension less than 24 inches, a minus variation greater than 3% of a declared dimension and a plus variation greater than 6% of a declared dimension will be considered unreasonable.

   (2)  For an item with a declared dimension less than 24 inches, a minus variation greater than 6% of a declared dimension and a plus variation greater than 12% of a declared dimension will be considered unreasonable.

 (a)  Paper napkins and paper towels. The declaration of quantity on a package of paper napkins or paper towels shall indicate the numerical count and the dimensions of the individual napkins or towels contained in the package.

 (b)  Writing paper, notebook paper and envelopes. The declaration of quantity on a package of writing paper, notebook paper or envelopes shall indicate the number of sheets or envelopes, as the case may be, in the package. When envelopes are included in a package of writing paper, the declaration shall indicate both the number of sheets of paper and the number of envelopes.

 (c)  Tablets and books of writing paper. The declaration of quantity on a package of tablets or books of writing paper shall indicate the number of tablets or books in the package.

 (d)  Wrapping paper. The declaration of quantity on a package of wrapping paper in sheet form may be in terms of either numerical count or of net weight. If the declaration is in terms of numerical count, it shall indicate both the dimensions of an individual sheet and the number of sheets in the package.

 (e)  Gift wrapping paper. The declaration of quantity on a package of gift wrapping paper, whether packaged as individual sheets or in roll form, shall indicate the numerical count and the dimensions of the individual sheets. A linear dimension in excess of 48 inches shall be expressed in terms of feet.

 (f)  Facial tissues. The declaration of quantity on a package of facial tissues shall indicate the numerical count of usable units and the dimensions of the individual unit. A sheet of two or three ply shall be considered a single usable unit.

 (g)  Toilet tissues. The declaration of quantity on a package of toilet tissues in roll or sheet form shall indicate the numerical count of usable units, and the dimensions of the individual unit. A sheet of two or three ply shall be considered a single usable unit.

 (h)  Supplementary quantity declarations. A declaration or statement relating to the quantity of the contents of a package of paper product that is in addition to or supplementary to the declaration required by law or regulation shall be in juxtaposition with and shall be subordinated to the required declaration; however, no supplementary declaration of the number of single ply sheets in a package containing a multiple ply product is permitted.

 (i)  Multiple packs. Multiple packs of paper products shall bear on the outside wrapper, clearly and conspicuously, a quantity declaration indicating the number of individual rolls or packages and the usable unit count and sheet size for each individual roll or package, unless the individual rolls or packages are so labeled that the content of each is clearly visible through the outer wrapper.

 (j)  Exemption. Rolls or packages of paper products for industrial use only, not for resale need not be marked individually so long as the container in which the rolls or packages are packed is properly marked to show the quantity of the contents of such container.

 (k)  Construction of regulation. The provisions of this section are supplementary to valid laws and other regulations pertaining to packages and may not be construed as superseding the law or regulation.

 (a)  Roofing materials. Roofing materials shall be sold either by the square or by the square foot only.

 (b)  Square. The quantity of roofing or roofing material that, if applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints; however, in the case of roofing or roofing material of corrugated design the side lap or side joint shall be one full corrugation.

 (c)  Square foot. The quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.

 (d)  Declaration of quantity. If the declaration of quantity on a package of roofing or roofing material contains the term ‘‘square’’, it shall include plainly and conspicuously, a numerical definition of the term ‘‘square’’; for example, ‘‘One square covers 100 square feet of roof area.’’

 (e)  Common fractions. The use of common fractions 1/3 is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the square.

 (f)  Quantity statement. The primary declaration shall only be in terms of a square or square foot. There is no prohibition against the use of supplemental quantity declarations, such as shingle, but in no case may the weight of the material be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.

 (a)  Packaged produce sold by count shall conform to the packaging and labeling laws of the Commonwealth and units in a package shall be reasonably uniform in size, or the same variety or grade and shall be visible, or a representative sample shall be visible.

 (b)  The following commodities of produce shall conform to the following suggested list, except that nothing in this suggested list shall be construed to prevent the sale of apples, peaches, tomatoes, potatoes or similar commodities in wholesale-type containers standardized by law:

 (c)  If berries, brussel sprouts, cherries, cranberries or currants are sold by measure, they shall be sold in containers standardized by law such as 1/2 dry pint, 1 dry pint or 1 dry quart.

 (a)  Scope. This section applies to sales of liquefied petroleum gas.

 (b)  Definition. As used in this section, the term liquified petroleum gas means a petroleum product composed predominantly of one or more of the following hydrocarbons:

   (1)  Propane.

   (2)  Propylene.

   (3)  Butanes (normal butane/or isobutane).

   (4)  Butylenes.

 (c)  Method of sale. Liquefied petroleum gas shall be sold avoirdupois weight specified in pounds and decimal fractions of the pound, liquid measure specified in gallon and decimal fractions of the gallon, in vapor measure specified in cubic feet or decimal fractions thereof, or in another unit approved by the Department. For purposes of this section, the gallon is defined as 231 cubic inches at 60°F, and the cubic foot is defined as a cubic foot of the vapor being measured at 60° F and at 14.73 pounds per square inch atmosphere.

 (d)  Sale of liquefied petroleum gas in portable containers. If liquefied petroleum gas is delivered, offered for sale or sold in a package which is a portable container, it shall be sold by weight.

 (e)  Portable container or package marking. The tare weight of a refillable container used as a portable container or package shall be plainly and conspicuously marked on the outside of the container. Tare weight may not include the valve protecting cap which shall be removed when weighing. The net weight of the contents of a container used as a portable container or package shall be plainly and conspicuously marked on the container or on a tag firmly attached thereto, except for containers bearing generally accepted model numbers which indicate the net weight of the contents.

 (f)  Variations. Variations from the declared net weight shall be permitted if caused by unavoidable deviations in weighing that occur in good packaging practices, but the variations may not exceed 2% and the average of the quantities in the packages comprising either a shipment of other delivery or a lot that is kept, offered, exposed for sale or sold shall equal or exceed the labeled quantity. No unreasonable shortage in any package may be permitted, even though overages in other packages in the same shipment, delivery or lot compensate for the shortage.

 (g)  Credit for unused product. If liquefied petroleum gas is sold by the package or portable container, except where rate schedules or written agreements provide otherwise, full credit for the difference in weight of the container disconnected by the supplier and removed from the premises of a customer by the supplier and the marked tare weight of the container shall be granted by the supplier to the customer.

 (h)  Sale through measuring devices. Only devices approved by the Department under the act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § §  1701—1715), shall be used in the metering or measuring of liquefied petroleum gas for the determination of the value of the gas as sold. The devices shall conform to the technical requirements published in National Bureau of Standards ‘‘Handbook 44’’ and amendments and supplements thereto and to other technical requirements promulgated by the Department.

 (i)  Sales tickets or invoices. Except where liquefied petroleum gas is delivered and sold to the purchaser in portable container or package form, a delivery ticket or an invoice shall be submitted to the purchaser clearly stating the date of the delivery, the name and address of the vendor, the name and address of the purchaser and the net quantity of the delivery in terms of approved units of measure. If the meter readings are in approved units other than pounds, gallons or cubic feet, the invoice shall clearly indicate to the purchaser the factor to be used to convert to pounds, gallons or cubic feet.

   The provisions of this §  23.106 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).

 Wood used for fuel shall be sold by the cord of 128 cubic feet, or fraction thereof, and shall be accompanied by a statement or invoice certifying the amount sold and presented to the buyer or his designee at the time of delivery or billing.

 In the wholesale sale and delivery of random weight packaged meat and meat products, lots composed entirely of like units as to formula, process in manufacture, quality and grade of ingredients, except as to weight, each unit may not be required to have the net weight marked thereon at the time of the wholesale sale and delivery to a retail merchant only if there is compliance with the following provisions:

   (1)  The entire bulk package containing the individual units is effectively sealed at the time of sale and delivery and has the content of the bulk package plainly and legibly marked thereon in terms of net weight.

   (2)  The sale and weighing of the lot takes place on the premises of the retailer, in the presence of the retailer or his designated agent, and the result of the weighing, expressed in terms of net weight, is immediately communicated by the wholesaler or his agent to the retailer or his agent.

 (a)  Scope. This section applies to retail sales and processing of bulk meat sold by hanging weight and the processing of customer-owned meat, except as provided in this section.

 (b)  Identification. In identifying a product subject to this section, the following terms, where applicable, shall be used:

   (1)  Bulk meat—That sold by hanging weight, consisting of whole carcasses, sides, or primal cuts.

   (2)  Primal cuts—Only the following terms shall be used in describing a primal cut of beef or veal:

     (i)   Cross cut chuck—The entire fore part of a side, ending between the fifth and sixth ribs.

     (ii)   Arm chuck—The cross cut chuck with the brisket removed.

     (iii)   Square chuck—The cross cut chuck with the brisket and arm removed directly above the fore shank.

     (iv)   Untrimmed rib section—The portion from the sixth to the 12th rib inclusive with plate.

     (v)   Trimmed rib section—The portion from the sixth to 12th rib inclusive, not to exceed 10 inches from tip of chine bone to top of rib, without plate.

     (vi)   Untrimmed full loin—The section from and including the 13th rib to the hip joint, including the flank and kidney.

     (vii)   Trimmed full loin—The section from and including the 13th rib to the hip joint, without flank and kidney.

     (viii)   Trimmed short loin—The section from and including the 13th rib to the hip bone, without the sirloin, flank and kidney.

     (ix)   Untrimmed short loin—The section from and including the 13th rib to the hip bone, with the flank and kidney but without the sirloin.

     (x)   Sirloin—The section from immediately in front of the hip bone to the hip joint.

     (xi)   Round—The section from the hip joint to immediately below the rear knee, with rump attached.

     (xii)   Rump—The part of the round down to and including the aitch bone.

     (xiii)   Forequarter—The forward portion of a side of beef, back to and including the 12th rib, consisting of the cross cut chuck and the untrimmed rib section.

     (xiv)   Hindquarter—The rear portion of a side of beef, from and including the 13th rib, consisting of the untrimmed full loin and the round.

     (xv)   Side—The half of a split beef comprising the forequarter and hindquarter.

 (c)  Method of sale. Bulk meat shall be sold by avoirdupois weight, specified in pounds and fractions of the pound, and shall conform to the following:

   (1)  The seller or his agent shall clearly explain to the customer before the sale is consummated that the purchase by hanging weight is subject to cutting, boning and trim loss during processing and that the delivered or usable weight will be considerably less than the hanging weight upon which the price was based.

   (2)  After a portion of bulk meat has been selected for possible purchase and has been weighed, the seller or his agent shall factually explain to the purchaser the approximate cuts and yield which shall be obtained after processing, based on the grade or quality of the meat and the cutting instructions of the purchaser.

   (3)  At the time of delivery, there shall be rendered to the purchaser a delivery or sales ticket in ink or other indelible substance on which shall be clearly and legibly stated the following:

     (i)   The name and address of the vendor.

     (ii)   The name and address of the processor if other than the vendor.

     (iii)   The date.

     (iv)   The name and address of the purchaser.

     (v)   A description of the product, the quality, and USDA grade if graded.

     (vi)   The price per pound.

     (vii)   The net weight of the product prior to processing.

     (viii)   The net weight of the delivered quantity.

     (ix)   The total number of packages delivered, the contents of each package including the type of cut, and the total weight of each type of cut delivered.

     (x)   The weights in subparagraphs (vii)—(ix) shall be recorded to the nearest ounce on weights up to and including 25 pounds, 4 ounces from over 25 pounds to and including 50 pounds, 8 ounces from over 50 pounds up to and including 100 pounds, and 1 pound over 100 pounds.

 (d)  Incomplete processing. Meat sold as a whole, side, or quarter carcass, cut up and packaged by the vendor but requiring further processing or cutting, shall be accompanied by an invoice giving the total or hanging weight and a statement of contents on each master container as delivered to the consumer showing the number of packages of each type of cut or commodity and the accurate net weight of the total packages of each such cut or commodity.

 (e)  Processing only. Subsection (c)(3) is inapplicable when the commodity submitted for processing, either live or partially processed, is the property of the person submitting the commodity, having never been owned by the processor and the fee involved is wholly for service.

   The provisions of this §  23.109 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).

 Packages of seed intended for planting shall be labeled in accordance with this part except as follows:

   (1)  The net quantity statement shall appear in the upper 30% of the principal display panel.

   (2)  The net quantity statement shall be in the largest whole unit of the metric system for weights up to 7 grams, and in grams or in ounces for other weights less than 225 grams or 8 ounces; packaged seed weighing 225 grams or 8 ounces or more is not subject to this section.

   (3)  The net quantity statement for coated seed, encapsulated seed, pelletized seed, seed tapes, pre-plants and the like, shall be by count.

   (4)  This section applies only to labels developed or revised after January 1, 1975.

   The provisions of this §  23.110 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).

 (a)  Labeling. Each package of polyethylene sheeting, shall contain, on a surface visible to the public, the following information:

   (1)  The length in feet or fraction thereof, or both.

   (2)  The width in feet or fraction thereof, or both.

   (3)  The thickness in mills. A mill is defined as .001 inches.

   (4)  The net weight in pounds or fraction thereof, or both.

   (5)  The abbreviation of linear measurement and weight values shall be limited to abbreviations identified in §  23.13(c) (relating to weight, liquid measure or count terminology).

 (b)  Declaration of weight. The labeled statement of weight for polyethylene sheeting may not be less than the weight calculated by using the following formula:

 W = T x A x 0.03613 x D, where
W = Net Weight in Pounds
T = Labeled thickness in inches
A = Labeled length in inches times labeled width in inches
D = Density in g/cm³
0.03613 = Conversion factor for density from g/cm³ to lb in³ .

   The provisions of this §  23.110a issued under the Weights and Measures Act of 1965 (73 P. S. § §  1651—1692) (Transferred from 76 P. S. § §  100-1—100-42 in 1978).

 (a)  Recorded representations, point of sale systems. The sales information recorded by cash registers when interfaced with a weighing element shall contain the following information for items weighed at the checkout stand:

   (1)  The net weight identified by the words ‘‘pounds,’’ ‘‘grams,’’ or ‘‘kilograms’’ or by the abbreviations ‘‘lb,’’ ‘‘g,’’ or ‘‘kg.’’

   (2)  The unit price with weight values identified as in paragraph (1).

   (3)  The total price.

   (4)  The product class, name or code number.

 (b)  Effect of section. Subsection (a) supersedes all sections of the National Bureau of Standards Handbook 44 which are inconsistent with the provisions of subsection (a).

   The provisions of this §  23.111 adopted July 15, 1977, effective July 16, 1977, 7 Pa.B. 1985.