Rule 40-15-3-.12 - Variation to be Allowed(1) Packaging Variations. (a) Variations from Declared Net Quantity. Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practices, but such variations shall not be permitted to such extent that the average of the quantities in the package of a particular commodity, or a lot of the commodity that is kept, offered or exposed for sale, or sold is below the stated quantity, and no unreasonable shortage in any package shall be permitted, even though overages in other packages in the same lot, shipment, delivery compensate for such shortage. Variations above the declared quantity shall not be unreasonably large.(b) Variations Resulting from Exposure. Variations from the declared weight or measure shall be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce; Provided that the phrase "introduced into intrastate commerce" as used in this paragraph shall be construed to define the time and the place at which the first sale and delivery of a package is made within the State, the delivery being either 1. directly to the purchaser or to his agent, or2. to a common carrier for shipment to the purchaser, and this paragraph shall be construed as requiring that, so long as a shipment, delivery, or lot of packages of a particular commodity remains in the possession or under the control of the packager or person who introduces the package into intrastate commerce, exposure variations shall not be permitted.(2) Magnitude of Permitted Variations. The magnitude of variations permitted under Rule 40-15-3-.12, paragraph 40-15-3-.12(1), and subparagraphs 40-15-3-.12(1)(a) and 40-15-3-.12(1)(b) of this regulation shall be those expressly set forth in this regulation and those contained in the procedures and tables of the National Bureau of Standards HANDBOOK 67, "Checking Prepackaged Commodities," or National Bureau of Standards HANDBOOK 133, "Checking the Net Content of Packaged Goods," as may be subsequently adopted.Ga. Comp. R. & Regs. R. 40-15-3-.12
O.C.G.A. Sec. 10-2-5(Ga. L. 1972, p. 654).
Original Rule entitled "Variations to be Allowed" was filed on November 30, 1973; effective December 20, 1973.Amended: Rule repealed and a new Rule of the same title adopted. Filed March 1, 1984; effective March 21, 1984.