Section 3.12 - Exemptions(1)General. Whenever any consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit (except see 202 CMR 3.11(4)(c) ) .(2)Random Packages. A random package bearing a label conspicuously declaring (b) the price per pound, and(c) the total price shall be exempt from the type size, dual declaration, placement, and free area requirements of 202 CMR 3.00. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is offered or exposed for sale at retail. This exemption shall also apply to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by 202 CMR 3.12.
(3)Small Confections. Individually wrapped pieces of "penny candy" and other confectionery of less than 1/2 ounce net weight per individual piece shall be exempt from the labeling requirements of 202 CMR 3.00 when the container in which such confectionery is shipped is in conformance with the labeling requirements of 202 CMR 3.00. Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling requirements of 202 CMR 3.00, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of 202 CMR 3.00.(4)Individual Servings. Individual-serving-size packages of foods containing less than 1/2 ounce or less than1/2 fluid ounce for use in restaurants, institutions, and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in 202 CMR 3.00.(5)Cuts, Plugs, and Twists of Tobacco and Cigars. When individual cuts, plugs, and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of 202 CMR 3.00, such individual cuts, plugs, and twists of tobacco and cigars shall be exempt from such labeling requirements.(6)Reusable (Returnable) Glass Containers. Nothing in 202 CMR 3.00 shall be deemed to preclude the continued use of reusable (returnable) glass containers: Provided, that such glass containers ordered after the effective date of 202 CMR 3.00 shall conform to all requirements of 202 CMR 3.00.
(7)Cigarettes and Small Cigars. Cartons of cigarettes and small cigars, containing ten individual packages of 20 labeled in accordance with the requirements of 202 CMR 3.00 shall be exempt from the requirements set forth in 202 CMR 3.09(1)(a). Location, 202 CMR 3.09(2). Minimum Height of Numbers and Letters, and 202 CMR 3.11(4) Multi-Unit Packages: Provided, that such cartons bear a declaration of the net quantity of commodity in the package.
(8)Packaged Commodities with Labeling Requirements Specified in Federal Law. Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, alcoholic beverages, and seeds shall be exempt from the requirements set forth in 202 CMR 3.07(8)(c). Weight: Dual Declaration 202 CMR 3.07(8)(d). Fluid Measure: Dual Quantity Declaration, 202 CMR 3.07(8)(e). Length Measure: Dual Quantity Declaration 202 CMR 3.07(8)(f). Area Measure: Dual Quantity Declaration, 202 CMR 3.09(1)(a). Location, and 202 CMR 3.09(2). Minimum Height of Numbers and Letters: Provided, that quantity labeling requirements for such products are specified in Federal Law, so as to follow reasonably sound principles of providing consumer information.
(9)Fluid Dairy Products, Ice Cream, and Similar Frozen Desserts.(a) When packaged in 1/2-liquid-pint and 1/2-gallon containers, are exempt from the requirements for stating net contents of eight fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.(b) When packaged in 1-liquid-pint, 1-liquid-quart, and 1/2 gallon containers, are exempt from the dual net contents declaration requirements of 202 CMR 3.07(8)(d).(c) When 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," are exempt from the requirement of 202 CMR 3.09(1)(a) that the declaration of net contents be located within the bottom 30% of the principal display panel.(d) 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 202 CMR 3.09(1)(a) that the declaration of net contents be located within the bottom 30% of the principal display panel, provided that 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, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.(10)Single Strength and Less Than Single Strength Fruit Juice Beverages, Imitations Thereof, and Drinking Water.(a) When packaged in glass, plastic, or fluid milk type paper containers of 8- and 64-fluid-ounce capacity, are exempt from the requirements of 202 CMR 3.07(5)(b) to the extent that net contents of 8 fluid ounces and 64 fluid ounces (or 2 quarts) may be expressed as 1/2 pint (or half pint) and 1/2 gallon (or half gallon), respectively.(b) When packaged in glass, plastic, or fluid milk type paper containers of 1-pint, 1-quart, and 1/2-gallon capacities, are exempt from the dual net contents declaration requirements of 202 CMR 3.07(8)(d).(c) When packaged in glass or plastic containers of 1/2-pint, 1-pint, 1-quart, 1/2-gallon, and 1-gallon capacities, are exempt from the placement requirement of 202 CMR 3.09(1)(a) that the declaration of net contents be located within the bottom 30% of the principal display panel: Provided, that 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, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.
(11)Soft-Drink Bottles. Bottles of soft drinks shall be exempt from the placement requirements for the declaration of(a) identity, when such declaration appears on the bottle closure, and(b) quantity, when such declaration is blown, formed, or molded on or above the shoulder of the container and when all other information required by 202 CMR 3.00 appears only on the bottle closure.(12)Multi-Unit Soft-Drink Packages. Multi-unit packages of soft drinks are exempt from the requirement for a declaration of(a) responsibility, when such declaration appears on the individual units and is not obscured by the multi-unit packaging, or when the outside container bears a statement to the effect that such declaration will be found on the individual units inside, and(b) identity, when such declaration appears on the individual units and is not obscured by the multi- unit packaging.(13)Butter. When packaged in 4-ounce, 8-ounce, and 1-pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity 202 CMR 3.04(1) and the net quantity declaration 202 CMR 3.09(1)(e) be generally parallel to the base of the package. When packaged in 8-ounce and 1-pound units, butter is exempt from the requirement for location 202 CMR 3.09(1)(a) of net quantity declaration and, when packaged in 1-pound units, is exempt from the requirement for dual quantity declaration 202 CMR 3.07(8)(c).(14)Eggs. Cartons containing 12 eggs shall be exempt from the requirement for location 202 CMR 3.09(1)(a) of net quantity declaration. When such cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of 202 CMR 3.00 if the undivided carton conforms to all such requirements.(15)Flour. Packages of wheat flour packaged in units of 2, 5, 10, 25, 50, and 100 pounds shall be exempt from the requirement in 202 CMR 3.00 for location 202 CMR 3.09(1)(a) of the net quantity declaration and, when packaged in units of two pounds, shall be exempt also from the requirement for a dual quantity declaration 202 CMR 3.07(8)(c).(16)Small Packages. On a principal display panel of five square inches or less, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of 202 CMR 3.00.(17)Decorative Containers. The principal display panel of a cosmetic marketed in a "boudoir-type" container including decorative cosmetic containers of the "cartridge,""pillbox," "compact," or "pencil" variety, and those with a capacity of 1/4 ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by 202 CMR 3.00.(18)Combination Packages. Combination packages are exempt from the requirements in 202 CMR 3.00 for(a) Location (see 202 CMR 3.09(1)(a) ) ,(b) Free area (see 202 CMR 3.09(1)(d) ) , and(c) Minimum Height of Numbers and Letters (see 202 CMR 3.09(2).(19)Margarine. Margarine in 1-pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in 202 CMR 3.00 for location (see 202 CMR 3.09(1)(a) ) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration (see 202 CMR 3.07(8)(c) ) .(20)Corn Flour. Corn flour packaged inconventional 5, 10, 25, 50, and 100-pound bags shall be exempt from the requirement in 202 CMR 3.00 for location (see 202 CMR 3.09(1)(a) ) of the net quantity declaration.(21)Prescription and Insulin-Containing Drugs. Prescription and insulin-containing drugs subject to the provisions of Section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of 202 CMR 3.00.(22)Camera Film. Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of 202 CMR 3.00 which specify how measurement of commodities should be expressed: Provided, that
(a) The net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet of usable film contained therein.(b) The net quantity of contents on packages of still film is expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement. (Example: "36 exposures, 36 x 24 mm" or "12 exposures, 21/4 x 21/4 in.")(23)Paints and Kindred Products. Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packed in 1-liquid-pint and 1-liquid-quart units shall be exempt from the dual quantity declaration requirements of 202 CMR 3.07(8)(d).(24)Automotive Cooling System Antifreeze. Antifreeze, when packed in1-liquid-quartunits, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of 202 CMR 3.07(8)(d).(25)Motor Oils. Motor oils, when packed in 1-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 202 CMR 3.07(8)(d). Additionally, motor oil in 1-liquid-quart, 1-gallon, 11/4-gallon, 2-gallon, and 21/2-gallonunits, bearing the principal display panel on the body of the container, is exempt from the requirements of 202 CMR 3.04. IDENTITY, to the extent that the SAE grade is required to appear on the principal display panel, provided the SAE grade appears on the can lid and is expressed in letters and numerals in type size of at least 1/4 inch.