50 N.J.R. 2143(a)

VOLUME 50, ISSUE 20, OCTOBER 15, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 2143(a)
NJ - New Jersey Register  >  2018  >  OCTOBER  >  OCTOBER 15, 2018  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > OFFICE OF WEIGHTS AND MEASURES

Administrative Code Citation

Proposed Repeals and New Rules: N.J.A.C. 13:47K-1 and 4.3 through 4.11

Proposed Recodifications: N.J.A.C. 13:47K-2.3, 2.5, 2.6, 2.7, 2.10 through 2.15, and 2.26 as 13:47C-3.7 through 3.17, Respectively

Proposed Amendments: N.J.A.C. 13:47C-1.1, 2.1, and 3.1 and 13:47K-5.2

Proposed New Rule: N.J.A.C. 13:47C-1.1

Proposed Repeals: N.J.A.C. 13:47C-2.5, 2.7, 3.3, and 3.6 and 13:47K-2.2, 2.4, 2.8, 2.9, 2.16 through 2.25, 3, 4.2, and 5.3
Text

General Commodities; Weights and Measures; Commodities in Package Form; Weights and Measures
Authorized By: David Freed, Acting State Superintendent, Office of Weights and Measures.
Authority: N.J.S.A. 51:1-61.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2018-091.
Submit written comments by December 14, 2018, to:
   David Freed
   Acting State Superintendent
   Office of Weights and Measures
   1261 Routes 1 and 9 South
   Avenel, New Jersey 07001
http://www.njconsumeraffairs.gov/Proposals/Pages.default.aspx
The agency proposal follows:

Summary

The Office of Weights and Measures (OWM) is proposing various amendments, new rules, repeals, and recodification of certain provisions in N.J.A.C. 13:47C and 47K in order to clarify existing requirements, incorporate current national standards, and delete unnecessary or outdated rules. The proposed amendments should modernize State requirements and ease compliance for parties conducting business in the State. As part of this effort, certain requirements listed in N.J.A.C. 13:47K are proposed for recodification to Chapter 47C, so that rules on methods of sale are organized under the same chapter. A summary of the rulemaking follows.

OWM is proposing new N.J.A.C. 13:47C-1.1 to adopt and incorporate by reference (as amended and supplemented), the Uniform Regulation for the Methods of Sale included in the National Institute for Standards and Technology (NIST) Handbook 130. Proposed new N.J.A.C. 13:47C-1.1 also stipulates that there are still State-specific rules for parties to adhere to, along with the NIST Handbook 130 standards. OWM proposes to delete from recodified N.J.A.C. 13:47C-1.2 the definitions of "cord," "cordwood, firewood, fireplace, and stove wood," "lumber," "processed," "treated lumber," "whole logs," and "wiping materials," since the items are defined and discussed in Handbook 130. Additionally, definitions for "page," "sheet," and "usable unit" are proposed to be added from N.J.A.C. 13:47K since they are neither defined nor discussed in the section of NIST Handbook 130 on methods of sale and, therefore, not part of the chapter through the incorporated handbook. They are also proposed as part of OWM's effort to keep rules addressing methods of sale under the same chapter. In addition, the definition of "State Superintendent" is proposed for amendment to delete "or Superintendent."

OWM is proposing to amend N.J.A.C. 13:47C-2.1 by deleting subsections (a), (b), (c), and (e), since they are already included as part of the NIST Handbook 130. OWM is proposing to repeal N.J.A.C. 13:47C-2.5 and 2.7, since the language in these sections is addressed in the NIST Handbook 130.

OWM proposes to amend N.J.A.C. 13:47C-3.1 by updating the section heading and deleting subsections (a) through (e) and (f)1 and 2, since these items are discussed in NIST Handbook 130. OWM proposes new subsections (a) and (b) to refer to regulations in the NIST Handbook 130 and to insert language to note that the requirements for delivery tickets and sales invoices for the shipment of wood used as fuel are located at IV.B.2 in NIST Handbook 130. OWM proposes to repeal N.J.A.C. 13:47C-3.3 and 3.6.

As noted above, several rules currently set forth in N.J.A.C. 13:47K addressing methods of sale for different goods are proposed for recodification, without amendment, as new rules in N.J.A.C. 13:47C. N.J.A.C. 13:47K-2.3, addressing the declaration of quantity for paper napkins, paper towels, facial tissues, and toilet tissues, is proposed to be recodified as N.J.A.C. 13:47C-3.7. N.J.A.C. 13:47K-2.5, on tablets and books of writing paper, is proposed to be recodified as N.J.A.C. 13:47C-3.8. N.J.A.C. 13:47K-2.6, on wrapping paper, is proposed for recodification as N.J.A.C. 13:47C-3.9. N.J.A.C. 13:47K-2.7, on gift-wrapping paper, is proposed to be recodified as N.J.A.C. 13:47C-3.10. N.J.A.C. 13:47K-2.10, concerning supplementary quantity declarations, is proposed to be recodified as N.J.A.C. 13:47C-3.11. N.J.A.C. 13:47K-2.11, concerning multi-unit packages of paper products, is proposed to be recodified as N.J.A.C. 13:47C-3.12. N.J.A.C. 13:47K-2.12, on paper products for industrial use only, is proposed for recodification as N.J.A.C. 13:47C-3.13. N.J.A.C. 13:47K-2.13, on folded facial tissues to be compactly packaged, is proposed to be recodification as N.J.A.C. 13:47C-3.14. N.J.A.C. 13:47K-2.14, on the size of cartons, is proposed for recodification as N.J.A.C. 13:47C-3.15. N.J.A.C. 13:47K-2.15, on the size of tubes for rolled paper products, is proposed to be recodified as N.J.A.C. 13:47C-3.16.[page=2144] N.J.A.C. 13:47K-2.26, on kindling wood, is proposed for recodification as N.J.A.C. 13:47C-3.17.

Similar to the proposed amendments in Chapter 47C, OWM is proposing new N.J.A.C. 13:47K-1.1 to adopt the Uniform Packaging and Labeling Regulation in the National Institute for Standards and Technology (NIST) Handbook 130 by incorporation by reference, as amended and supplemented. As with the proposed amendments to N.J.A.C. 13:47C-1.1, OWM proposes to include in new N.J.A.C. 13:47K-1.1, a stipulation that there are still certain State-specific rules for parties to follow along with those standards incorporated from NIST Handbook 130. OWM also proposes to repeal existing N.J.A.C. 13:47K-1.1 through 1.6 because the food products addressed in each rule are addressed in NIST Handbook 130.
OWM is proposing to repeal N.J.A.C. 13:47K-2.2 because the definitions of "page," "sheet," and "usable unit" are being proposed to be relocated to N.J.A.C. 13:47C-1.2. The definition of "ASTM" is proposed for deletion since the rule using the definition, N.J.A.C. 13:47K-2.21, is itself proposed for repeal as noted below. N.J.A.C. 13:47K-2.3, 2.5, 2.6., 2.7, 2.10 through 2.15, and 2.26 are proposed for recodification in Chapter 47C to keep methods of sale under one title. N.J.A.C. 13:47K-2.4 and 2.16 through 2.25 are proposed to be repealed because the incorporation by reference of NIST Handbook 130 covers the items discussed in these rules. OWM is also proposing to repeal N.J.A.C. 13:47K-3 since the items discussed in this section are incorporated by reference from NIST Handbook 130.

OWM is proposing to repeal N.J.A.C. 13:47K-4.2 since the definitions listed in this section are incorporated by reference from NIST Handbook 130. Similar to proposed amendments discussed above with regard to N.J.A.C. 13:47C-3.1(f), OWM is proposing to repeal N.J.A.C. 13:47K-4.3 through 4.11 and replace them to note that the requirements to be followed for packaging and labeling are in NIST Handbook 130. OWM is also proposing technical amendments to 13:47K-5.2(a)1 through 6 to update the year from 2013 to 2018. Lastly, OWM is proposing to repeal N.J.A.C. 13:47K-5.3, which repeats the definition of "ASTM."

OWM has determined that the comment period for this notice of proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

OWM believes that the proposed amendments, new rules, repeals, and recodifications will have a positive impact on the regulated community by modernizing the practice standards followed by parties conducting business in the State, and making the rules easier to follow, while continuing to safeguard public health, safety, and welfare.

Economic Impact

OWM believes that the proposed amendments, new rules, repeals, and recodifications will have no economic impact on the regulated community, because adoption of the NIST Handbook 130 standards merely provides OWM with a tool for enforcement of national and industry-recognized standards that are already in effect. OWM believes that there will be no additional costs in the enforcement of these rules.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments, new rules, repeals, and recodifications are governed by N.J.S.A. 51:1-61 and OWM voluntarily adopts by reference the standards developed by NIST Handbook 130 related to methods of sale and packaging and labeling. NIST is an agency of the U.S. Department of Commerce.

Jobs Impact

OWM does not anticipate that the proposed amendments, new rules, repeals, and recodifications will increase or decrease jobs in the State.

Agriculture Industry Impact
The proposed amendments, new rules, repeals, and recodifications will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., any of the approximately 27,000 businesses to which the proposed amendments, new rules, repeals, and recodifications apply are small businesses, then the following analysis applies.

The proposed amendments, new rules, repeals, and recodifications do not impose reporting requirements, but the rules contain some recordkeeping requirements. Specifically, N.J.A.C. 13:47C-3.1 requires sellers or vendors of wood used as fuel or for flavoring to retain copies of delivery tickets and sale invoices for at least six months and all voided delivery tickets in duplicate for at least two years. Minimal costs may be incurred to meet this requirement.

Several rules do impose compliance requirements but these requirements have been in effect for years. N.J.A.C. 13:47C-2.1 as proposed for amendment requires labels on ready-to-cook stuffed fish, seafood, poultry, or meat products to show total new weight of the product. Recodified N.J.A.C. 13:47C-2.5 provides that fresh meat roasts must be exposed, advertised, offered for sale, or sold on the basis of the net weight of the fresh meat only.

N.J.A.C. 13:47C-3.1, as proposed for amendment, requires the sellers or vendors of wood used as fuel or for flavoring to issue a serialized delivery ticket or invoice containing certain information related to the delivery of the wood to consumers. The costs of issuing the invoices or delivery tickets are minimal. Recodified N.J.A.C. 13:47C-3.7 through 3.17 impose method of sale compliance requirements previously included in Chapter 47K and set forth requirements on packing and/or the declaration of quantity for numerous nonfood products.

N.J.A.C. 13:47K-2.1 requires that packages not subject to Federal regulations shall include a statement of the net quantity of contents in either inch-pound or System International (SI)-metric units. Proposed new N.J.A.C. 13:47K-4.3 through 4.11 incorporates Federal standards as the requirements parties are to comply with regarding the marking of commodities in package form.

OWM believes that no professional services are needed to comply with this rulemaking. The rulemaking is necessary to preserve the health, safety, and welfare of public consumers. The objective of the rulemaking is to provide a fair and open marketplace for consumers. No differentiation based upon size of business is provided since differentiation would adversely impact the purpose of the rules, which is to provide for and guarantee a true and equitable transfer of goods.

Housing Affordability Impact Analysis

The proposed amendments, new rules, repeals, and recodifications will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments, new rules, repeals, and recodifications concern methods of sale and packaging and labeling requirements.

Smart Growth Development Impact Analysis

The proposed amendments, new rules, repeals, and recodifications will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, new rules, repeals, and recodifications concern standards for methods of sale and packaging and labeling.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The proposed amendments, new rules, repeals, and recodifications will have an insignificant impact on pretrial detention, sentencing, probation, or parole policies concerning juveniles and adults in New Jersey because the proposed amendments, new rules, repeals, and recodifications concern standards for methods of sale and packaging and labeling.

Regulations

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:47C-2.5, 2.7, 3.3, and 3.6 and 13:47K-1, 2.2, 2.4, 2.8, 2.9, 2.16 through 2.25, 3, 4.2 through 4.11, and 5.3.

Full text of the proposed amendments, new rules, and recodifications follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
[page=2145] CHAPTER 47C
GENERAL COMMODITIES; WEIGHTS AND MEASURES
SUBCHAPTER 1.    GENERAL COMMODITIES; DEFINITIONS

13:47C-1.1        General commodities

The Uniform Regulation for the Method of Sale of Commodities contained in the National Institute of Standards and Technology (NIST) Handbook 130, 2018 edition, at pages 95 through 140, adopted by the National Conference on Weights and Measures, is incorporated herein by reference, as amended and supplemented. The Uniform Regulation for the Method of Sale of Commodities may be found at http://nvlpubs.nist.gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf. All general commodities sold or offered for sale in this State shall comply with these regulations. Notwithstanding the incorporation of the NIST Handbook 130, 2018 edition, the State definitions and requirements in this chapter shall be followed by those who sell or offer for sale general commodities.

13:47C-[1.1]1.2                [Words and phrases defined] Definitions

The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

…

["Cord" means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purpose of this regulation, "ranked and well stowed" shall be construed to mean when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

"Cordwood", "firewood", "fireplace" and "stove wood" mean any logs, boards, timbers or other wood, split or not split, advertised, offered for sale, or sold as fuel.]

…

["Lumber" means the wood obtained from the felling, trimming and working up of all kinds and types of trees for use as a structural material.]

…

"Page" means one side of a sheet of paper used for writing purposes.

…

["Processed" means meat, whether fresh or frozen, that has been removed from the shells of clams, mussels, oysters or other mollusks and has been chopped or commingled with other solid foods.]

"Sheet" means the separate, individual piece of tissue or paper. In the case of writing materials, "sheet" shall not be construed to mean "page."

"State Superintendent" [or "Superintendent"] means the State Superintendent of the Office of Weights and Measures in the Division of Consumer Affairs, New Jersey State Department of Law and Public Safety.

…

["Treated lumber" means any lumber or lumber product which has been chemically treated for the purpose of retarding or preventing deterioration or destruction by insects, fungi, bacteria or other wood destroying organisms.]

…

"Usable unit" means an individual sheet or unit or any combination of sheets or units that can be removed or dispensed from any type of roll, container, or other package form in a single operation.

…

["Whole logs" means any single piece of wood, greater in length than eight feet, unsplit and in the natural state. The trimming or looping of limbs from such logs is permitted and shall not be deemed to change the natural state of such logs.

"Wiping materials" means and includes all textiles, washed and unwashed, new or old, such as mill rags, mill ends, remnants, cheesecloth, cotton thread, shoddy, clippings, machined cotton and wool waste, discarded garments, discarded household textiles, raw cotton or any other material or thing sold, distributed or used as wiping material.]

SUBCHAPTER 2.    FOODSTUFFS

13:47C-2.1    Meat, poultry, fish, and/or shellfish sold by net weight: methods of sale

[(a) All meat, poultry, fish and shellfish offered for sale or sold in the State of New Jersey shall be offered for sale or sold on the basis of net weight only, except as provided in (b) through (e) below.

(b) Shellfish, except as provided in (e) below may be sold by weight, measure and/or count.

(c) When meat, poultry, fish or seafood is combined with some other food element to form a distinctive food product, the representation of quantity may be in terms of the total weight of the combined product and a representation of quantity need not be made for each element.]

[(d)] (a) (No change in text.)

[(e) Clams, mussels, oysters, and other mollusks shall be offered for sale in the following manner:

1. Processed clams, mussels, oysters and other mollusks on the half shell, fresh or frozen, shall be sold by net weight excluding the weight of the shell.

2. Canned (heat-processed) mussels, clams, oysters, and other mollusks shall be sold by net weight:

i. A maximum of 41 percent free liquid by weight is permitted for canned oysters.

3. Fresh oysters, clams, mussels, and other mollusks removed from the shell and placed in a container shall be sold by liquid volume. A maximum of 15 percent free liquid by weight is permitted.

4. Whole clams, oysters, mussels and other mollusks in the shell, fresh or frozen, shall be sold by one of the following methods, and size designations may be provided.

i. Weight, including the shell but not including any liquid or ice packed with the clams, oysters, mussels or other mollusks.

ii. Dry measure (for example, bushel); and/or

iii. Count.]

[(f)] (b) (No change in text.)

13:47C-[2.6]2.5   (No change in text.)

SUBCHAPTER 3.    NONFOODSTUFFS

13:47C-3.1    [Cordwood and firewood] Wood for use as fuel or flavoring; delivery tickets and sale invoices; inspections

[(a) For the purpose of this chapter, this section shall apply to the sale of all wood, natural and processed, for use as fuel, at retail.

(b) Representation: A "representation" means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.

(c) Identity: A representation may include a declaration of identity that indicates the species group (Example: 50 percent miscellaneous softwood). Such a representation shall indicate, within 10 percent accuracy, the percentages of each group.

(d) Quantity: Wood, of any type, for use as fuel shall be advertised, offered for sale and sold only by measures, using the term "cord" and fractional parts of a cord; except that:

1. Wood, natural or processed, offered for sale in package form shall display the quantity in terms of cubic feet, to include fractions of cubic feet.

2. Whole logs may be sold by net weight.

3. Cordwood, firewood, fireplace or stove wood may be sold or offered for sale in package form by net weight plus count when each such individual package contains less than four cubic feet (32 cord).

(e) Prohibition of terms: The terms "face cord," "rack," "pile," "truckload," or terms of similar import shall not be used when advertising, offering for sale, or selling wood for use as fuel.

(f) Delivery ticket or sale invoice: A serialized delivery ticket or invoice shall accompany all shipments of non-packaged cordwood, firewood, fireplace, stove wood or whole logs when in transit between seller and buyer. The delivery ticket or sales invoice shall be issued by the seller to the purchaser at time of delivery. All such delivery tickets and sale invoices shall be subject to inspection by any weights and measures officer while in transit.

[page=2146] 1. The delivery ticket or sales invoice shall contain at least the following information:
i. The legal name and address of the vendor;

ii. The name and address of the purchaser;

iii. The date delivered;

iv. The quantity delivered and the quantity upon which the price is based, if this differs from the delivery quantity;

v. The price of the amount delivered;

vi. The identity of the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;

vii. The serial number of the delivery ticket or invoice.

2. Any person issuing or directing the issuance of, or possessing a delivery ticket or sales invoice showing a different species, quantity or quality other than the species, quantity or quality of the cordwood, firewood, fireplace, stove wood or whole logs being delivered shall be subject to a penalty for a violation of this chapter.]

(a)The regulation addressing advertising quantity of wood for use as fuel is set forth in the NIST Handbook 130, 2018 edition, at IV.B.2.

(b) The regulation addressing the method of sale of wood for use as fuel or flavoring is set forth in the NIST Handbook 130, 2018 edition, at IV.B.2. In addition to the requirements of the NIST Handbook 130, the following State rules apply:

1. A delivery ticket or sales invoice is to include the serial number; and

[3.] 2. (No change in text.)

[(g)] (c) (No change in text.)

13:47C-3.3        (Reserved)

13:47C-3.6        (Reserved)
Recodify existing 13:47K-2.3, 2.5, 2.6, 2.7, 2.10 through 2.15, and 2.26 as 13:47C-3.7 through 3.17 (No change in text.)
CHAPTER 47K
COMMODITIES IN PACKAGE FORM; WEIGHTS AND MEASURES
SUBCHAPTER 1.    [FOOD PRODUCTS] COMMODITIES IN PACKAGE FORM

13:47K-1.1        Commodities in package form

The Uniform Packaging and Labeling Regulation contained in the National Institute of Standards and Technology (NIST) Handbook 130, 2018 edition, at pages 51 through 95, adopted by the National Conference on Weights and Measures, is incorporated herein by reference, as amended and supplemented. The Uniform Packaging and Labeling Regulation may be found at http://nvlpubs.nist.gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf. All commodities in package form sold or offered for sale in this State must comply with these regulations. Notwithstanding the incorporation of the NIST Handbook 130, 2018 edition, the State requirements in this chapter shall be followed by those who sell, or offer for sale, general commodities in package form.
SUBCHAPTER 2.    NON-FOOD PRODUCTS: INCH-POUND UNITS REQUIREMENT

(Agency Note: N.J.A.C. 13:47K-2.3, 2.5, 2.6, 2.7, 2.10 through 2.15, and 2.26 are proposed for recodification as N.J.A.C. 13:47C-3.7 through 3.17, respectively.)

13:47K-2.2 through 2.26   (Reserved)

SUBCHAPTER 3.              (RESERVED)
SUBCHAPTER 4.    MARKING REQUIREMENTS
13:47K-4.2        (Reserved)

13:47K-4.3        Declaration of identity: consumer package
The regulation addressing declaration of identity on a consumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.3.

13:47K-4.4        Declaration of identity: nonconsumer package

The regulation addressing declaration of identity on a nonconsumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.4.

13:47K-4.5        Declaration of responsibility: consumer and nonconsumer packages

The regulation addressing declaration of responsibility on consumer and nonconsumer packages is set forth in the NIST Handbook 130, 2018 edition, at IV.A.5.

13:47K-4.6        Declaration of quantity: consumer packages
The regulation addressing declaration of quantity on a consumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.6.

13:47K-4.7        Declaration of quantity: nonconsumer packages

The regulation addressing declaration of quantity on a nonconsumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.7.

13:47K-4.8        Prominence and placement: consumer packages

The regulation addressing the appearance and placement of the information to appear on a consumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.8.

13:47K-4.9          Prominence and placement: nonconsumer packages

The regulation addressing the appearance and placement of the information to appear on a nonconsumer package is set forth in the NIST Handbook 130, 2018 edition, at IV.A.9.

13:47K-4.10      Requirements: specific consumer commodities, nonconsumer commodities, packages, containers

The regulation addressing the requirements for specific consumer containers, nonconsumer commodities, packages, and containers is set forth in the NIST Handbook 130, 2018 edition, at IV.A.10.
13:47K-4.11      Exemptions

The regulation addressing the exemptions for consumer and nonconsumer commodities, packages, and containers is set forth in the NIST Handbook 130, 2018 edition, at IV.A.11.

SUBCHAPTER 5.    VARIATIONS

13:47K-5.2   Maximum allowable variations

(a) The maximum allowable variations below shall conform to the following or revised or later editions, if in effect, incorporated herein by reference:

1. The National Institute of Standards and Technology's (NIST's) Maximum Allowable Variations for Packages Labeled by Weight referenced as Table 2-5 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)];

2. The NIST's Maximum Allowable Variations for Packages Labeled by Liquid and Dry Volume referenced as Table 2-6 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)];

3. The NIST's Maximum Allowable Variations for Packages Labeled by Count referenced as Table 2-7 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)];

4. The NIST's Maximum Allowable Variations for Packages Labeled by Length, [(]Width,[)] or Area referenced as Table 2-8 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)];
5. The U.S. Department of Agriculture's Maximum Allowable Variations for Meat and Poultry Groups and Lower Limits for Individual Packages referenced as Table 2-9 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)]; and

6. The NIST's Maximum Allowable Variations for Polyethylene Sheeting and Film, referenced in Table 2-10 of Appendix A of the [2013] 2018 Edition of NIST Handbook 133 [(November 2012)].

(b)-(e) (No change.)

13:47K-5.3        (Reserved)