N.Y. Agriculture & Markets Law § 191: Standardized packaging

§ 191. Standardized packaging. 1. For the purposes of this section:

a. "Food store" shall mean a store selling primarily food at retail,

which store is not primarily engaged in the sale of food for consumption

on the premises.

b. "Consumer commodities" shall mean:

(1) food, including all material, solid, liquid, or mixed, whether

simple or compound, used or intended for consumption by human beings or

domestic animals normally kept as household pets and all substances or

ingredients to be added thereto for any purpose;

(2) napkins, facial tissues, toilet tissues, foil wrapping, plastic

wrapping, paper toweling, disposable plates and cups;

(3) detergents, soaps and other cleansing agents; and

(4) non-prescription drugs, female hygiene products, and toiletries.

c. "Package" shall mean any container or wrapper in which a consumer

commodity is enclosed and offered or exposed for sale in a food store.

d. "Package size" shall mean the physical dimensions of a container

which encloses a consumer commodity.

e. "Quantity" shall mean the net weight, volume, numerical count, area

or linear measure, as appropriate, of the contents of a package.

f. "Person" shall mean any individual, partnership, corporation,

association, or firm.

2. Upon the petition of a substantial number of each group of

manufacturers, packers, distributors, and retailers of any consumer

commodity packaged or wrapped in advance of being offered or exposed for

sale in a food store, the commissioner may hold a public hearing upon

due notice to consider rules and regulations prescribing standard

quantities or package sizes by which any such commodity shall be sold,

or offered or exposed for sale in a food store. If the commissioner

finds that the proposed standardization will reduce an undue

proliferation of package sizes and facilitate the ability of consumers

to make price comparisons, he may adopt and promulgate such rules and

regulations with respect to such commodity unless a voluntary product

standard has been established for such commodity pursuant to the federal

fair packaging and labelling act. In addition to any such commodities,

the commissioner may by rule and regulation, and without any public

hearing, prescribe the existing standard quantities or package sizes for

milk, cream, melloream, frozen desserts, flours and meals; thereafter

the commissioner may prescribe standard quantities or package sizes for

such commodities, whether or not a voluntary product standard has been

established, without petition but shall hold a public hearing prior to

the promulgation thereof.

3. No person shall sell, offer or expose for sale in a food store any

consumer commodity for which the commissioner has prescribed, pursuant

to subdivision two herein, a standardized quantity or package size

except in a package or by a quantity which conforms to that prescribed

by the commissioner.