Subdivision 1. Consumer commodities labeling rules. All labels of consumer commodities must conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (United States Code, title 15, section 1451 et seq.) and federal regulations adopted under authority of that act, except to the extent that the commissioner amends the rules under chapter 14. Consumer commodities exempted from the requirements of section 4 of the Fair Packaging and Labeling Act are also exempt from this subdivision.
Subd. 2. Serving size. The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving.
Subd. 3. Qualifying words; supplemental material. No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of net quantity of contents required by subdivision 1, but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.
Subd. 4. Rules. Whenever the commissioner determines that rules containing prohibitions or requirements other than those prescribed by subdivision 1, are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the commissioner shall promulgate, with respect to that commodity, rules effective to:
(1) establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity;
(2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;
(3) require that the label on each package of a consumer commodity bear the common or usual name of such consumer commodity, if any, and, in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this clause shall be deemed to require that any trade secret be divulged; or
(4) prevent the nonfunctional slack-fill of packages containing consumer commodities.
For the purposes of clause (4), a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than protection of the contents of such package or the requirements of machines used for enclosing the contents in such package.
1974 c 84 s 28; 1975 c 412 s 16; 1985 c 248 s 70; 1986 c 444; 1989 c 350 art 11 s 3; 1994 c 571 s 3; 1997 c 220 s 3; 2000 c 477 s 29; 2002 c 373 s 20; 2003 c 107 s 14
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 31.02 — Prohibited Acts.
Section 31.021 — Determination Of Misleading.
Section 31.032 — Penalties And Guaranty.
Section 31.04 — Inspection Authority.
Section 31.07 — Price Not Collectible.
Section 31.08 — Additional Powers And Authority; Food In Transit.
Section 31.09 — Commissioner To Render Certain Food Unsalable.
Section 31.095 — Denaturing And Labeling.
Section 31.10 — Standards, Definitions; Promulgation.
Section 31.101 — Rules; Hearings; Uniformity With Federal Law.
Section 31.102 — Definitions, Standards Of Identity; Temporary Permits.
Section 31.103 — Fair Packaging And Labeling Provisions.
Section 31.104 — Food Labeling Exemption Rules.
Section 31.121 — Food Adulteration.
Section 31.122 — Food; Tolerances For Added Poisonous Ingredients.
Section 31.123 — Food Misbranding.
Section 31.124 — False Advertising.
Section 31.13 — Analysis; Evidence.
Section 31.131 — Emergency Permit Control.
Section 31.15 — Disposal Of Receipts.
Section 31.161 — Food; Insanitary Conditions Prohibited.
Section 31.165 — Removal Of Insanitary Conditions.
Section 31.171 — Employment Of Diseased Person.
Section 31.175 — Water, Plumbing, And Sewage.
Section 31.31 — Commercial Canneries, Regulation.
Section 31.311 — Inspection Under Supervision Of Commissioner.
Section 31.32 — Reports; Information Furnished.
Section 31.36 — Rules For Canneries.
Section 31.37 — Notice Of Intention To Operate.
Section 31.38 — Certificate Of Inspection, Commercial Canneries; Labels, Brands.
Section 31.39 — Assessments; Inspection Services; Commercial Canneries Account.
Section 31.392 — Canning In Dwelling Or Basement.
Section 31.495 — Regulation Of Food Salvage Operations.
Section 31.53 — Inspections; Corrective Orders.
Section 31.59 — Humane Slaughter Of Livestock; Definitions.
Section 31.591 — Slaughter Must Be Humane.
Section 31.60 — Meat Industry Division.
Section 31.601 — Protection Of Meat.
Section 31.602 — Sale Of Unwholesome Poultry Or Game.
Section 31.621 — Sale Of Horse Meat For Human Consumption.
Section 31.631 — Horse Meat Intended For Other Than Human Consumption.
Section 31.632 — Minnesota Approved Meats And Poultry; Use Of Label.
Section 31.633 — Meat Or Poultry Substitutes; Indication On Menu; Penalties.
Section 31.651 — Kosher Products, Unlawful Sale.
Section 31.658 — Halal Products.
Section 31.661 — Marks, Stamps, Tags, Brands, Or Labels.
Section 31.74 — Sale Of Imitation Honey.
Section 31.75 — Artificial Sweetening Products.
Section 31.76 — Confections Containing Alcohol.
Section 31.77 — Sanitation And Products Standards.
Section 31.781 — Declaration Of Policy.
Section 31.783 — Rules, Scope.
Section 31.784 — Expiration Of Quality Assurance Date.
Section 31.785 — Regulations Of Other States And The Federal Government.
Section 31.786 — Local Ordinances Preempted.
Section 31.85 — Construction; Materials.
Section 31.86 — Cleaning Frequency.
Section 31.874 — Disease Control.
Section 31.875 — Local Standards.
Section 31.903 — Evidence Of Intent; Act Of Agent That Of Principal.
Section 31.925 — Uniformity With Federal Law.