15 U.S.C. § 1459 : US Code - Section 1459: Definitions

Search 15 U.S.C. § 1459 : US Code - Section 1459: Definitions

For the purpose of this chapter -
(a) 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 [21 U.S.C. 301 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) any commodity subject to packaging or labeling requirements
imposed by the Secretary of Agriculture pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et
seq.], or the provisions of the eighth paragraph under the
heading "Bureau of Animal Industry" of the Act of March 4, 1913
[21 U.S.C. 151 et seq.], commonly known as the Virus-Serum-Toxin
Act;
(3) any drug subject to the provisions of section 503(b)(1) or
506 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.
353(b)(1) and 356];
(4) any beverage subject to or complying with packaging or
labeling requirements imposed under the Federal Alcohol
Administration Act [27 U.S.C. 201 et seq.]; or
(5) any commodity subject to the provisions of the Federal Seed
Act [7 U.S.C. 1551 et seq.].
(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) containers subject to the provisions of the Act of August
3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), or the Act
of March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236).
(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.