2006 New York Code - Standardized Packaging.

 
    § 191. Standardized packaging. 1. For the purposes of this section:
    a.  "Food  store" shall mean a store selling primarily food at retail,
  which store is not primarily engaged in the sale of food for consumption
  on the premises.
    b. "Consumer commodities" shall mean:
    (1) food, including all material, solid,  liquid,  or  mixed,  whether
  simple  or compound, used or intended for consumption by human beings or
  domestic animals normally kept as household pets and all  substances  or
  ingredients to be added thereto for any purpose;
    (2)  napkins,  facial  tissues, toilet tissues, foil wrapping, plastic
  wrapping, paper toweling, disposable plates and cups;
    (3) detergents, soaps and other cleansing agents; and
    (4) non-prescription drugs, female hygiene products, and toiletries.
    c. "Package" shall mean any container or wrapper in which  a  consumer
  commodity is enclosed and offered or exposed for sale in a food store.
    d.  "Package  size"  shall mean the physical dimensions of a container
  which encloses a consumer commodity.
    e. "Quantity" shall mean the net weight, volume, numerical count, area
  or linear measure, as appropriate, of the contents of a package.
    f. "Person"  shall  mean  any  individual,  partnership,  corporation,
  association, or firm.
    2.  Upon  the  petition  of  a  substantial  number  of  each group of
  manufacturers, packers, distributors,  and  retailers  of  any  consumer
  commodity packaged or wrapped in advance of being offered or exposed for
  sale  in  a  food store, the commissioner may hold a public hearing upon
  due notice  to  consider  rules  and  regulations  prescribing  standard
  quantities  or  package sizes by which any such commodity shall be sold,
  or offered or exposed for sale in a  food  store.  If  the  commissioner
  finds   that   the   proposed   standardization  will  reduce  an  undue
  proliferation of package sizes and facilitate the ability  of  consumers
  to  make  price  comparisons, he may adopt and promulgate such rules and
  regulations with respect to such commodity unless  a  voluntary  product
  standard has been established for such commodity pursuant to the federal
  fair  packaging and labelling act.  In addition to any such commodities,
  the commissioner may by rule and  regulation,  and  without  any  public
  hearing, prescribe the existing standard quantities or package sizes for
  milk,  cream,  melloream,  frozen desserts, flours and meals; thereafter
  the commissioner may prescribe standard quantities or package sizes  for
  such  commodities,  whether or not a voluntary product standard has been
  established, without petition but shall hold a public hearing  prior  to
  the promulgation thereof.
    3.  No person shall sell, offer or expose for sale in a food store any
  consumer commodity for which the commissioner has  prescribed,  pursuant
  to  subdivision  two  herein,  a  standardized  quantity or package size
  except in a package or by a quantity which conforms to  that  prescribed
  by the commissioner.