Chapter 6Fair Packaging and Labeling Act
Section § 12601
This law is all about making sure that when you buy something, the packaging and labels give you honest and clear information about how much of the product is inside. It's meant to help you compare prices and make informed buying decisions without being tricked or misled.
Section § 12602
This law makes it illegal for anyone involved in packaging or labeling items for sale or distribution to send out any packages or items with labels that don't follow the required rules. This applies unless you're a delivery service or freight handler. Wholesale or retail distributors are usually not liable unless they are directly involved in packaging or labeling, dictate how it should be done, or know about a violation and still proceed.
Section § 12603
This law states that anyone who wants to distribute packaged goods must follow certain labeling rules. The package must have a label with the product’s name and the manufacturer’s address. It also needs to clearly show the amount of product inside, using both customary measurements (like pounds) and metric measurements unless it’s a special case package. Special cases include some random weight packages and products printed before 1994, and they have slightly different labeling rules. These rules became effective on February 14, 1994.
Section § 12605
This section prohibits anyone from using misleading terms on packaged goods that could exaggerate the amount of product inside. It makes it clear that you can't add words like "minimum," "when packed," or anything similar next to quantity declarations. Additionally, terms like "jumbo" or "giant" that suggest there's more product than there actually is, are not allowed next to the package's weight, measure, or count labels. However, accurate, truthful additional information about the quantity can be displayed elsewhere on the package, as long as it's not misleading.
Section § 12606
This law makes it illegal to package products in misleading ways, like using fake bottoms or unnecessary empty space called 'nonfunctional slack fill.' Nonfunctional slack fill is only allowed in specific situations, such as for protecting products, meeting labeling requirements, or other necessary reasons. If a container is found to facilitate deception, authorities can seize and dispose of it, while returning the contents to the owner under certain conditions. The law details various exceptions where slack fill is considered acceptable, such as packaging that needs to show labeling, contain gifts, or be used for specific packaging purposes.
Section § 12606.2
California law prevents food containers from being misleading by having too much empty space, known as nonfunctional slack fill. Containers should not have empty space unless it serves a valid purpose, like protecting the food or allowing space for labels. The law outlines situations that justify the empty space, such as product settling during shipping or when the package adds value, like reusable gift containers. If a container has illegal empty space, it can be seized and destroyed by court order unless it meets federal rules, which override this law if they differ. Slack fill can't be the sole reason for a legal claim unless it's been proven to be nonfunctional.
Section § 12607
If something is sold in a package without saying how much is inside, someone called a 'sealer' will step in. They'll tell the seller in writing that they must correct this by adding the net quantity on the packaging before it can be sold again.
Section § 12609
This law requires the secretary to create rules to implement package testing, ensuring products accurately state their quantity. These rules should align with national standards unless specifically changed by the secretary. There can be exceptions to these rules for good reasons, but any changes related to consumer goods must follow federal rules. The process of making or changing these rules must follow specific procedural guidelines set by the government.
Section § 12610
This law allows the California secretary to create rules similar to federal ones about how products should be packaged and labeled. It specifically involves defining how the size of a package can be described on the label without restricting how the package can be designed in terms of size, shape, or weight. It also requires that labels on non-food items include the usual or common name of the product.
Section § 12611
This law makes it illegal to package, ship, or sell any product if its container doesn't follow the rules laid out in this chapter. Also, the container must be clearly marked or labeled as required, with important information easy to see and read compared to other text or designs on the label. This ensures that regular buyers can understand what they are purchasing.
Section § 12612
This law says that selling items in packages that meet federal rules about size or quantity is okay under this chapter. It also says that selling malt beverages in containers that meet federal or state rules about size or quantity is not a problem either.
Section § 12613
This law states that if any part of this chapter is less strict or asks for different information than what's required by the federal Fair Packaging and Labeling Act, then the federal rules take over. Basically, the tougher federal regulations will apply wherever there's a conflict.
Section § 12615.5
If you break any rule in this part of the law (except one specific section), you could be charged with a misdemeanor. This means you might have to pay a fine between $25 and $500, or you could spend up to six months in county jail, or possibly face both the fine and jail time.