15 U.S.C. § 1459 | Definitions

For the purpose of this chapter—

(a)

21 U.S.C. 301 The term “consumer commodity”, except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act [ et seq.]), and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include—

(1)

any meat or meat product, poultry or poultry product, or tobacco or tobacco product;

(2)

7 U.S.C. 136March 4, 191337 Stat. 832–833 21 U.S.C. 151–1571

1 See References in Text note below.

any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act [ et seq.], or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of (; ), commonly known as the Virus-Serum-Toxin Act;

(3)

21 U.S.C. 353(b)(1) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act ( and 356);

(4)

27 U.S.C. 201 any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act ( et seq.); or

(5)

7 U.S.C. 1551–161¹ any commodity subject to the provisions of the Federal Seed Act (0).

(b)

The term “package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include—

(1)

shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof;

(2)

shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; or

(3)

August 3, 191237 Stat. 250 15 U.S.C. 231–233March 4, 191538 Stat. 1186 15 U.S.C. 234–236 containers subject to the provisions of the Act of (, as amended; ), or the Act of (, as amended; ).

(c)

The term “label” means any written, printed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity.

(d)

The term “person” includes any firm, corporation, or association.

(e)

The term “commerce” means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include exports to foreign countries.

(f)

The term “principal display panel” means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

Pub. L. 89–755, § 10Nov. 3, 196680 Stat. 1301 Pub. L. 90–628, § 2Oct. 22, 196882 Stat. 1320 (, , ; , , .)

Editorial Notes

References in Text

act June 25, 1938, ch. 675 52 Stat. 1040 section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to subsec. (a), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.

act June 25, 1947, ch. 125 Pub. L. 92–516Oct. 21, 197286 Stat. 973 section 136 of Title 7The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (a)(2), is , as amended generally by , , , which is classified generally to subchapter II (§ 136 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Mar. 4, 1913, ch. 145 37 Stat. 832 section 151 of Title 21The Virus-Serum-Toxin Act, referred to in subsec. (a)(2), is the eighth paragraph under the heading “Bureau of Animal Industry” of , , which is classified generally to chapter 5 (§ 151 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 29, 1935, ch. 814 49 Stat. 977 section 201 of Title 27The Federal Alcohol Administration Act, referred to in subsec. (a)(4), is , , which is classified generally to chapter 8 (§ 201 et seq.) of Title 27, Intoxicating Liquors. For complete classification of this Act to the Code, see and Tables.

act Aug. 9, 1939, ch. 615 53 Stat. 1275 section 1551 of Title 7The Federal Seed Act, referred to in subsec. (a)(5), is , , which is classified generally to chapter 37 (§ 1551 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 90–628August 31, 1916May 21, 19281968—Subsec. (b)(3). struck out reference to the Act of , and the Act of .

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Pub. L. 90–628Oct. 22, 1968section 3 of Pub. L. 90–628 section 251 of this titleAmendment by effective 60 days after , see , set out as a note under .