202 CMR, § 5.05

Current through Register 1536, December 6, 2024
Section 5.05 - Packaged Commodities Regulated and Unit of Measure to be Used

The following commodities shall be labeled in accordance with 202 CMR 5.05. Each commodity must be unit priced only in the unit of measure listed below, unless otherwise approved by the Director. In addition, the Director may, upon written request of any multi-state retailer, authorize a different unit of measure to be used for an item or items in order to provide uniformity an compatibility throughout that retailers multi-state distribution system

Commodity

Unit of Measure

Aluminum, plastic wraps, and waxed paper

100 square feet

Baby foods

Quarts if sold by fluid measure Pounds if sold by weight

Baby formula concentrate (liquid or powder)

Quarts if liquid

Pounds if sold by weight.

Label must also have a statement of the total fluid volume concentrate will make i.e. makes 128 fl. oz.

Baking mixes and supplies

Pounds

Bottled and canned beverages

Gallons

Bread and pastry products

Pounds

Candy in sizes greater than three ounces

Pounds

All poultry, fish and meat products including canned, fresh or frozen.

Pounds

Cereals, dry, ready-to-eat

Pounds

Cocoa

Pounds

Coffee - instant and ground

Pounds

Convenience dinners, "one pan" meals

Pounds

Cookies and crackers

Pounds

Dairy products:

Gallons if sold by fluid measure Pounds if sold by weight

Cream, non dairy coffee cream

Pounds if sold by weight Quarts if sold by fluid measure

Sour cream and yogurt

Pounds if sold by weight Quarts if sold by fluid measure

Deodorants solid and liquid

Ounce

Detergent and soaps

Pounds if sold by weight

Gallons if sold by fluid me asure

Flour

Pounds

Fresh vegetables and produce

May be sold by measure, weight or per each PRO VIDED that the total measured quantity, item price and unit price are clearly marked for every item. Individual items sold per each shall be exempt from 202 CMR 5.00.

Frozen dairy products

Gallons if sold by fluid measure Pounds if sold by weight

Frozen foods except dairy products

Pounds

Fruits, vegetables, - canned, jarred, or boxed

Pounds

Fruit Juices

Gallons

Frozen or unfrozen juice concentrate

Pounds if sold by weight Quarts if sold by fluid measure

Grains and Beans

Pounds

Hair conditioners and sprays

Pounds if sold by weight Quarts if sold by fluid measure

Household cleaners, waxes, deodorizers, starches and bleaches

Pounds if sold by weight Gallons if sold by fluid measure

Instant breakfast foods

Pounds

Jellies, jams, preserves, and sandwich spreads

Pounds

Ketchup, mustards, sauces, and cond iments ( including) pickles and olives

Pounds if sold by weight

Pints if sold by fluid me a sure

Mouthwash

Quarts

Oleomargarine and butter

Pounds

Oils for cooking

Gallons

Pet food, canned and dried and kitty litter

Pounds

Plastic bags

100 count

Powdered mixes

Pounds

Salad dressings including may on na is e and vinegar

Quarts if sold by fluid measure Pounds if sold by we ight

Sanitary paper products, including but not limited to napkins, facial tissues, bathroom tissues paper towels

100 count 100 square feet

Seasonings and spices in sizes greater than 3 oz.

Pounds if sold by weight Pints if sold by fluid measure

Shampoo

Quarts if sold by fluid measure Pounds if sold by weight

Shaving cream

Pounds

Shortenings

Pounds if sold by weight

Gallons if sold by fluid me asure

Snack foods, including but not limited to potato chips, pretzels, and nuts

Pounds

Soups

Pounds if sold by weight Quarts if sold by fluid measure

Sugar

Pounds

Syrups

Quarts if sold by fluid measure Pounds if sold by weight

Tea

Pounds if sold loose per 100 units if sold as tea bags

Toothpaste

Pounds

202 CMR, § 5.05