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Chapter 10.46
Weights and MeasuresSections:
10.46.010 In General.
10.46.020 Standard Systems of Weights and Measures.
10.46.030 Official City Standards.
10.46.040 “Cord” and” Load” Defined.
10.46.050 “Fish” Defined.
10.46.060 “Label” Defined.
10.46.070 “Meat” Defined.
10.46.080 “Package” Defined.
10.46.081 “Combination Package” Defined.
10.46.082 “Consumer Package” Defined.
10.46.083 “Multi-Unit Package” Defined.
10.46.084 “Nonconsumer Package” Defined.
10.46.085 “Random Package” Defined.
10.46.086 “Variety Package” Defined.
10.46.090 “Person” Defined.
10.46.100 “Principal Display Panel” Defined.
10.46.110 “Poultry” Defined.
10.46.120 “Sale” Defined.
10.46.130 “Weight” Defined.
10.46.140 “Weights and Measures” Defined.
10.46.150 Abbreviations.
10.46.160 Method of Sale – General.
10.46.170 Method of Sale – Meat.
10.46.180 Method of Sale – Bread.
10.46.190 Method of Sale – Flour, Meal, Grits.
10.46.200 Method of Sale – Fluid Dairy Products.
10.46.210 Method of Sale – Butter, Margarine.
10.46.220 Method of Sale – Berries, Small Fruits.
10.46.230 Bulk Deliveries Sold by Weight.
10.46.240 Heating Oil.
10.46.250 Wood Fuel.
10.46.260 Ice Cream.
10.46.270 Label Requirements – General.
10.46.280 Frozen Products.
10.46.290 Form of Identity Declaration.
10.46.300 Quantity Declaration – General.
10.46.310 Quantity Declaration – Largest Whole Unit.
10.46.320 Quantity Declaration – Bidimensional Commodities.
10.46.330 Units of Weight and Measure.
10.46.340 Units with Multiple Meanings.
10.46.350 Fractions.
10.46.360 Variations in Quantity.
10.46.370 Qualifying Terms.
10.46.380 Combination Declaration.
10.46.390 Price Advertising.
10.46.400 Declaration of Unit Price.
10.46.410 Declaration of Origin – General.
10.46.420 Form of Declaration – General.
10.46.430 Area of Principal Display Panel.
10.46.440 Height of Numbers and Letters.
10.46.450 Proportion of Characters.
10.46.460 Clear Area.
10.46.470 Lettering Style.
10.46.480 Color.
10.46.490 Location.
10.46.500 Special Requirements or Exemptions.
10.46.5001 Aerosol.
10.46.5002 Butter, Margarine.
10.46.5003 Combination Packages.
10.46.5004 Display Card.
10.46.5005 Flour.
10.46.5006 Fluid Dairy Products, Frozen Desserts.
10.46.5007 Multi-Unit Packages.
10.46.5008 Random Packages.
10.46.5009 Small Packages.
10.46.5010 Soft Drinks.
10.46.5011 Tobacco.
10.46.5012 Variety Packages.
10.46.5013 Individual Food Servings.
10.46.5014 Federal Labeling Requirements.
10.46.5015 Phosphorus Products.
10.46.510 Weighing and Measuring Apparatus – General.
10.46.520 Meter and Scale Tolerances.
10.46.530 Sealing of Apparatus.
10.46.540 Incorrect Apparatus.
10.46.550 Maintenance Personnel.
10.46.560 Department of Weights and Measures.
10.46.570 Violations.
10.46.010 In General.
The Washington State 1969 Weights and Measures Act, RCW chapter 19.94, establishes a system of standardized weights and measures and advertising and labeling requirements for commodities sold by weight or other measure. The standards and the testing, inspection and other enforcement procedures provided in RCW chapter 19.94 and WAC title 16 are mandatory and universal throughout the state including cities. The statute requires the City to maintain and fund a division of weights and measures. The director of the State Department of Agriculture, as State Sealer, has concurrent jurisdiction with supervision over the city sealer and his or her deputies.
This chapter is Spokane’s enactment of the state law. It is included in this code as a convenience to the citizens and because it contains some specific provisions not detailed in the state law.
10.46.020 Standard Systems of Weights and Measures.
A. That system of weights and measures in customary use in the United States, and the metric system, are each and jointly recognized for use for commercial purposes in the city.
B. The definitions of basic units of weight and measure, the tables of weight and measure, and the weight and measure equivalents published by the National Bureau of Standards govern weighing and measuring equipment and transactions in the city.
C. The National Bureau of Standards Handbook 44, with such amendments as have been adopted by the State of Washington, provides the specifications, tolerances and regulations for commercial weighing and measuring devices.
D. The National Bureau of Standards Handbook 67, with such amendments as have been adopted by the State of Washington, governs prepackaged commodities.
[Ord. C24240 §§ 4, 10]
Cross Reference: RCW 19.94.150.
10.46.030 Official City Standards.
A. The city sealer keeps such weights and measures as examined and approved by the State Director of Agriculture as the official City standards in a suitable place for use in certifying the field standards. The sealer causes the official City standards to be re-certified by the state every five years.
B. The city sealer causes sufficient field standards for use by personnel in the weights and measures department in the enforcement of this chapter to be verified by the official City standards. The sealer verifies each field standard upon its receipt and at least once a year thereafter.
[Ord. C24240 §§ 5, 6]
Cross Reference: RCW 19.94.200, 19.94.300.
10.46.040 “Cord” and “Load” Defined.
A. “Cord” is the measurement of wood intended for fuel or pulp purposes contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed.
B. “Load” is a volume of one hundred ninety-two cubic feet.
C. A container with a capacity of one hundred ninety-two cubic feet filled with wood loosely or randomly thrown in is equivalent to one cord.
[Ord. C24240 § 49]
Cross Reference: RCW 19.94.070.
10.46.050 “Fish” Defined.
“Fish” is any water-breathing animal, including shellfish, such as but not limited to lobster, clam, crab and other Mollusca.
[Ord. C24240 § 3]
Cross Reference: RCW 19.94.130.
10.46.060 “Label” Defined.
A. “Label” is any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed into, molded into, embossed on, or appearing on or adjacent to a package containing any consumer commodity for the purpose of branding, identifying, or giving any information with respect to the commodity or to the contents of the package.
B. For the purposes of the requirement of this chapter concerning label information, an inspector’s tag or other nonpromotional matter affixed to or appearing upon a consumer commodity is not a label.
[Ord. C24240 § 26]
10.46.070 “Meat” Defined.
“Meat” is any animal flesh, carcass, or part, or fish or poultry, including all meat food products of every kind and character, whether fresh, frozen, cooked, cured, dried, pickled, or processed.
[Ord. C24240 § 3]
Cross Reference: RCW 19.94.110.
10.46.080 “Package” Defined.
A. “Package” or “commodity in package form” is a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale.
B. “Commodity in package form” also includes an individual item or lot of any commodity which is not in package form but on which there is marked a selling price based on an established price per unit of weight or measure.
[Ord. C24240 § 26]
Cross Reference: RCW 19.94.100.
10.46.081 “Combination Package” Defined.
“Combination package” is a package containing individual units of dissimilar commodities, such as, for example, an antiquing kit or a gift package containing fruit, nuts and candy.
[Ord. C24240 § 26]
10.46.082 “Consumer Package” Defined.
“Consumer package” or “package of consumer commodity” is a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purpose of personal care, or in the performance of services ordinarily rendered in or about the household, or in connection with personal possessions.
[Ord. C24240 § 26]
Cross Reference: RCW 19.94.140.
10.46.083 “Multi-Unit Package” Defined.
“Multi-unit package” is a package containing two or more individual packages of the same commodity in the same quantity, the individual packages intended to be sold as part of the multi-unit package but capable of being individually sold in compliance with the requirements of this chapter.
[Ord. C24240 § 26]
10.46.084 “Nonconsumer Package” Defined.
“Nonconsumer package” or “package of nonconsumer commodity” is a commodity in package form other than a consumer package, including particularly a package intended solely for industrial or institutional use or for wholesale distribution.
[Ord. C24240 § 26]
Cross Reference: SMC 10.46.082; RCW 19.94.140.
10.46.085 “Random Package” Defined.
“Random package” is a package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights; or one of a lot of packages of the same consumer commodity with no fixed pattern of weight.
[Ord. C24240 § 26]
10.46.086 “Variety Package” Defined.
“Variety package” is a package containing individual units of reasonably similar commodities, such as, for example, gift package of mixed fruits or a variety of cereals.
[Ord. C24240 § 26]
10.46.090 “Person” Defined.
“Person” means, singularly or plurally, a natural person, firm, partnership, company, corporation, society, or association and any officer, agent, or employee thereof.
[Ord. C24240 §§ 2, 26]
Cross Reference: RCW 19.94.040.
10.46.100 “Principal Display Panel” Defined.
“Principal display panel” is that part or those parts of a label so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. When a package has more than one principal display panel, each such panel is a principal display panel for the purposes of the requirements of this chapter.
[Ord. C24240 § 26]
10.46.110 “Poultry” Defined.
“Poultry” is any fowl, domestic or wild, prepared, processed, or sold or intended or offered for sale.
[Ord. C24240 § 3]
Cross Reference: RCW 19.94.120.
10.46.120 “Sale” Defined.
“Sale” or “sell” include barter and exchange.
[Ord. C24240 § 2]
10.46.130 “Weight” Defined.
For purposes of the regulation of sales under this chapter, “weight” means net weight, the weight of the commodity exclusive of wrapping and other material packing the commodity.
[Ord. C24240 § 24]
Cross Reference: RCW 19.94.380; WAC 16-666-070.
10.46.140 “Weights and Measures” Defined.
“Weight and/or measure” and “weights and/or measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices, except meters for the measurement of electricity, gas (natural or manufactured), or water operated in a public utility system.
[Ord. C24240 § 2]
Cross Reference: RCW 19.94.050.
10.46.150 Abbreviations.
A person may express quantities using any of the following abbreviations, which are both singular and plural, but no others:
avoirdupois
avdp
cubic
cu
cubic centimeter
cc
feet or foot
ft
fluid
fl
gallon
gal
gram
g
inch
in
kilogram
kg
liquid
liq
microgram
mcg
milligram
mg
milliliter
ml
ounce
oz
pint
pt
pound
lb
quart
qt
square
sq
weight
wt
yard
yd
10.46.160 Method of Sale – General.
A. A person may sell commodities in liquid form by liquid measure only, except that a person may sell liquid commodities by weight if such method gives accurate information as to quantity.
B. A person may sell commodities not in liquid form by weight or by measure of length or area only, except that a person may sell nonliquid commodities by count if such method gives accurate information as to quantity.
C. Subsections (A) and (B) of this section do not apply to:
1. commodities sold for immediate consumption on the premises where sold;
2. vegetables sold by the head or bunch;
3. commodities in a package form or in containers standardized by federal or state law;
4. commodities in package form consistent with a general consumer usage whereby quantity is expressed in some other form;
5. concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel and crushed stone sold by cubic measure; or
6. unprocessed vegetable and animal fertilizer sold by cubic measure.
[Ord. C24240 § 19]
Cross Reference: RCW 19.94.340.
10.46.170 Method of Sale – Meat.
A. A person may sell meat, meat products, poultry, fish and shellfish offered or exposed for sale as food by weight only.
B. This section does not apply to meat:
1. sold for immediate consumption on the premises; or
2. that is one of several elements comprising a ready-to-eat meal sold as a unit for consumption off the premises where sold.
[Ord. C24240 § 37]
Cross Reference: RCW 19.93.400.
10.46.180 Method of Sale – Bread.
A. No person may manufacture for sale, sell, or offer for sale bread in any other net weight, measured at least twelve hours after baking, than;
1. “standard small loaf” weighing between fifteen and seventeen ounces; or
2. “standard large loaf” weighing between twenty-two and one-half and twenty-five and one-half ounces, or a multiple of such weight.
B. A variance, per loaf, of one ounce per small loaf and one and one-half ounce per large loaf is permitted, so long as the average weight of twelve or more loaves is within the limits specified.
[Ord. C24240 § 38]
10.46.190 Method of Sale – Flour, Meal, Grits.
A person may package for sale wheat flour, corn flour, corn meal, or hominy grits in only the following units of avoirdupois weight;
A. less than two pounds;
B. two pounds;
C. five pounds;
D. ten pounds;
E. twenty-five pounds;
F. fifty pounds;
G. one hundred pounds; or
H. more than one hundred pounds.
[Ord. C24240 § 42]
Cross Reference: RCW 19.94.430.
10.46.200 Method of Sale – Fluid Dairy Products.
A person may package for retail sale fluid dairy products in only the following units;
A. less than one gill;
B. one gill;
C. one-half liquid pint;
D. ten fluid ounces;
E. one liquid pint;
F. one liquid quart;
G. one-half gallon;
H. one gallon;
I. one-and-one-half gallons;
J. two gallons;
K. two and one-half gallons; or
L. a multiple of one gallon.
[Ord. C24240 § 40]
Cross Reference: RCW 19.94.420.
10.46.210 Method of Sale – Butter, Margarine.
A person may sell butter, oleomargarine and margarine by weight only and in only the following units of avoirdupois weight:
A. one-fourth pound;
B. one-half pound;
C. one pound; or
D. a multiple of one pound.
[Ord. C24240 § 39]
Cross Reference: RCW 19.94.410.
10.46.220 Method of Sale – Berries, Small Fruits.
A person may offer for sale or sell berries and small fruits by weight or by measure in open containers having a capacity of only:
A. one-half dry pint;
B. one dry pint; or
C. one dry quart. The marking requirements of this chapter regarding identity, quantity and origin of the commodity do not apply to such containers.
[Ord. C24240 § 45]
Cross Reference: RCW 19.94.470.
10.46.230 Bulk Deliveries Sold by Weight.
A. A seller of a commodity in bulk sold by weight to an individual purchaser must prepare at the time of delivery by vehicle a duplicate delivery ticket stating indelibly and clearly the:
1. name and address of the vendor;
2. name and address of the purchaser;
3. the net weight of the delivery expressed in pounds; and
4. if said net weight is derived from determination of gross and tare weights, the gross and tare weights stated in pounds.
B. The vendor must retain the original of the delivery ticket and give the duplicate to the purchaser at the time of delivery or surrender the duplicate to a city sealer.
C. When the purchaser carries away the purchase, the vendor need only deliver at the time of sale a delivery ticket stating the number of pounds.
[Ord. C24240 § 43]
Cross Reference: RCW 19.94.440.
10.46.240 Heating Oil.
A. A seller of heating oil must equip every truck used to dispense oil for home heating purposes with a ticket-printing mechanism which accurately indicates and records deliveries in terms of gallons and tenths of gallons or decimal fractions.
B. A seller must furnish the purchaser, for every delivery of liquid fuel not in package form and in a quantity greater than ten gallons, a delivery ticket stating the:
1. name and address of the vendor;
2. name and address of the purchaser;
3. type of fuel;
4. identity of the vehicle;
5. unit price per gallon; and
6. number of gallons delivered; mechanically printed.
C. A seller of heating oil by weight must furnish a delivery ticket as provided in subsection (B) of this section, except that the quantity is expressed as net weight, together with any weighing scale readings from which such net weight is computed, expressed in tons or pounds avoirdupois.
D. No person selling heating oil may insert a delivery ticket into the printer of the vehicle’s meter except immediately before delivery is begun, nor may a person have a ticket in the printer while the vehicle is in transit.
[Ord. C24240 § 44]
Cross Reference: RCW 19.94.460.
10.46.250 Wood Fuel.
A. A person may advertise, sell, or offer for sale fuel wood by cubic measure, load, cord, or fraction of either only.
B. A retail store may sell bundled wood fuel only if:
1. The wood is properly bundled and labeled;
2. Each bundle is securely held together with a metal band or other device approved by the city sealer to prevent tampering;
3. Each bundle is securely tagged to indicate:
a. name and address of the bundler,
b. type of wood,
c. cubic feet in bundle, and
d. cord price. A store need not indicate type of wood and cord price in the case of bundled scrap wood or kindling.
C. A person may sell pieces of wood fuel made from scrap wood such as mill blocks, edging, slabs and mill ends, twenty-four inches or less in length, by cubic foot only, expressed as the volume occupied by the wood loosely or randomly loaded.
D. A person may sell compressed sawdust or other manufactured wood by-products by weight, cubic foot, or single log only. A retail store must properly package and label such commodities or conspicuously post a sign indicating the single log price.
E. No person may sell wood for fuel that is not seasoned and dry unless he clearly marks or advertises it as green wood.
F. A seller of wood fuel delivered to or measured for a consumer must present a receipt stating:
1. seller’s name and address,
2. type of wood (except in cases of scrap wood),
3. quantity delivered, and
4. cord or load price, and must retain a copy of the receipt for at least one year.
[Ord. C24240 § 49]
Cross Reference: WAC 16-660-010.
10.46.260 Ice Cream.
No person may manufacture or sell ice cream weighing less than eighteen ounces per quart or four and one-half pounds per gallon.
[Ord. C24240 § 41]
10.46.270 Label Requirements – General.
As specified in this chapter and subject to regulations of the state or city sealer, no person may bring into the city or keep or offer for sale any commodity in package form unless there is on the outside of the package definite, plain and conspicuous declarations of the:
A. identity of the commodity, unless it can be easily identified through the wrapper or container;
B. net quantity of the contents; and
C. unless the commodity is sold on the same premises where packed, name and place of business of the manufacturer, packer, or distributor.
[Ord. C24240 § 20]
Cross Reference: RCW 19.94.350.
10.46.280 Frozen Products.
A person may sell a product which has been frozen only if:
A. It has been continuously maintained in a frozen state; or
B. It has a label stating, “This product has been frozen.”
[Ord. C24240 § 23]
10.46.290 Form of Identity Declaration.
A. The seller of a consumer package must place the required identity declaration on the principal display panel, generally parallel to the base on which the package rests for display, and so that it positively identifies the commodity by its common or usual name, description, generic term, or the like.
B. The seller of a nonconsumer package must place the required identity declaration on the outside of the package and so that it positively identifies the commodity by its common or usual name, description, generic term, or the like.
[Ord. C24240 § 27]
10.46.300 Quantity Declaration – General.
No person may package or offer for sale a commodity in package form so wrapped or in a container so made, formed, or filled as to mislead a purchaser as to the quantity of the contents of the package.
[Ord. C24240 § 22]
Cross Reference: RCW 19.94.370.
10.46.310 Quantity Declaration – Largest Whole Unit.
A. A seller must express quantity in terms of the largest whole unit of weight or measure, any remainder being expressed as a fraction of such largest whole unit or in terms of the next smaller whole unit and any further remainder as a fraction of that unit.
B. A seller must observe the following regulations to express particular quantities:
1. Area.
a. less than one square foot, in square inches and fractions of a square inch,
b. one but less than four square feet, in square inches and in parentheses largest whole unit,
c. four square feet or more, in largest whole unit.
2. Fluid measure.
a. less than one pint, in ounces and fractions of an ounce,
b. one pint but less than one gallon, in ounces and in parentheses largest whole unit,
c. one gallon or more, in largest whole unit.
3. Length.
a. less than one foot, in inches and fractions of an inch,
b. one foot but less than four, in inches and in parentheses largest whole unit,
c. four feet or more, in feet and in parentheses yards, any remainder stated in either fractions of a yard or feet and inches.
4. Weight.
a. less than one pound, in ounces and fractions of an ounce,
b. one pound but less than four, in ounces and in parentheses largest whole unit, or in pounds and decimal fractions of pound,
c. four pounds or more, in largest whole unit.
C. A seller may declare the quantity of a random package in decimal fractions of the largest appropriate unit.
[Ord. C24240 § 29]
10.46.320 Quantity Declaration – Bidimensional Commodities.
A. A seller must express the quantity of bidimensional commodities, including those sold in a roll:
1. if less than one square foot, in linear inches and fractions of an inch,
2. if one but less than four square feet, in square inches and in parentheses length and width stated in largest whole unit,
3. if four square feet or more, in square feet and in parentheses length and width in largest whole unit.
B. Exceptions to subsection (A) of this section are that:
1. No area declaration is required for a commodity having a width of four inches or less;
2. The parenthetical expression of a dimension less than two feet may be in inches;
3. A declaration of area of the entire commodity or package is not required in the case of a commodity consisting of individual usable units when the area of each such unit is expressed as required in this section;
4. A declaration of area is not required in the case of a commodity bought in terms of length and width, such as bed sheets and tablecloths, when the label clearly indicates such dimensions.
C. A seller of a commodity consisting of individual usable units of one or more components or ply must, in addition to other requirements, declare the number of ply and the total number of usable units.
D. A seller of a roll-type commodity, perforated so as to identify individual usable units, must label the commodity so as to declare:
1. total area;
2. number of ply;
3. count of usable units; and
4. the dimensions of a single unit.
[Ord. C24240 § 29]
10.46.330 Units of Weight and Measure.
A. A person must comply with the following requirements in declaring quantity:
1. Area measure is in terms of square inch, square foot, or square yard;
2. Cubic measure is in terms of cubic inch, cubic foot or cubic yard;
3. Dry measure is in terms of United States bushel (two thousand one hundred fifty and forty-two one-hundredths cubic inches), peck, dry quart, or dry pint subdivisions of a bushel;
4. Linear measure is in terms of inch, foot, or yard;
5. Liquid measure is in terms of United States gallon (two hundred thirty-one cubic inches), liquid quart, liquid pint, or fluid ounce subdivisions of the gallon, expressing the volume at sixty-eight degrees Fahrenheit, or twenty degrees Celsius, except:
a. Petroleum products are measured at sixty degrees Fahrenheit (fifteen and six tenths degrees Celsius),
b. Goods normally sold in a refrigerated state are measured at forty degrees Fahrenheit (four degrees Celsius),
c. Goods normally sold in a frozen state are measured at frozen temperature;
6. Weight is in terms of avoirdupois pound or ounce.
B. A person may always use the metric system.
C. A person, in lieu of the specific requirements of this chapter, may express quantity in terms of a firmly established general consumer usage and trade custom so long as a declaration in such terms gives accurate and adequate information.
[Ord. C24240 §§ 29, 30]
10.46.340 Units with Multiple Meanings.
Unless by association with other terms the meaning is obvious, a person must identify the word “ounce” when used in fluid measure by using the word “fluid.”
[Ord. C24240 § 29]
10.46.350 Fractions.
A person may express fractions only by:
A. common fractions in terms of half, quarter, eighth, sixteenth, or thirty-second, whichever is the lowest; or
B. decimal fraction carried out not more than two places, or three places in the case of a prescription drug or a drug containing insulin; or
C. conformity with a firmly established general consumer usage and trade custom.
[Ord. C24240 § 29]
10.46.360 Variations in Quantity.
A. Every person in the manufacturing, processing, packing, distributing and selling chain is responsible to insure that the average quantity of contents in the packages of a particular lot, shipment, or delivery at least equals the declared quantity and that no unreasonable shortage in any package occurs even if overages in other packages compensate for the shortage.
B. The sealer determines, based on the facts of a particular case, whether any variation caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages in the course of good packing practices, or caused by ordinary and customary exposure to conditions normal to good distributing practices, are acceptable.
[Ord. C24240 §§ 30, 35]
10.46.370 Qualifying Terms.
No person may place on a package, either as part of the required declaration of quantity or as part of any permissible supplemental declaration, any qualification of the declaration, such as “when packed,” “minimum,” or “not less than,” or any words, such as “giant,” “jumbo,” or “full,” qualifying a unit of count, measure, or weight when such words tend to exaggerate the amount of the commodity.
[Ord. C24240 §§ 20, 29]
Cross Reference: RCW 19.94.350.
10.46.380 Combination Declaration.
Unless otherwise provided, a person must include on the principal display panel a declaration of:
A. count or size of individual units along with the declaration of weight or measure, unless the declaration of weight or measure alone is fully informative;
B. weight, measure, or size of individual units, or total weight or measure along with the declaration of count, unless the declaration of count alone is fully informative.
[Ord. C24240 § 29]
10.46.390 Price Advertising.
A. A person advertising a commodity in package form in any manner stating the retail price must state conspicuously and close to the price the basic quantity of the contents of the package as required by this chapter, except that when a dual declaration of quantity is otherwise required, only the declaration in terms of the smaller unit is required to appear in the advertisement.
B. Whenever an advertised retail price includes a fraction of a cent per unit, the seller must prominently display all elements of the fraction in numerals immediately adjacent to, of the same general design and style of, and at least one-half the height and width of the numerals indicating whole cents.
C. The operator of premises selling gasoline to the public from a self-service pump must clearly state “self-service” in any display of price for gasoline coming from such pump.
[Ord. C24240 §§ 23, 36]
10.46.400 Declaration of Unit Price.
The seller of a package that is one of a lot containing random weights, measures, or counts of the same commodity and which bears a declaration of the total selling price of the package must include on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
[Ord. C24240 § 21]
Cross Reference: RCW 19.94.360.
10.46.410 Declaration of Origin – General.
A. A person offering a package for sale at any place other than on the premises where packed must specify conspicuously on the label the name and address of the manufacturer, packer, or distributor. The name is the corporate name or the name under which the business is conducted. The address is the complete street or mailing address except that if the manufacturer, packer, or distributor has a local address listed in a current telephone directory, the street address is not required, and except that the address may be such a person’s principal place of business, rather than the actual place of manufacture, packing, or distribution.
B. When a package is manufactured or packed by someone other than the person whose name appears on the label, the person must declare, by words such as “distributed by XYZ” or “manufactured and packed for ABC by XYZ,” the connection of the person with the commodity.
[Ord. C24240 § 28]
10.46.420 Form of Declaration – General.
Unless governed by federal or state regulation, this chapter sets forth the specifications for required declarations on package commodities, subject to interpretation and regulation by the city sealer. In general, the required declarations must be in the English language and whether in print, script, or otherwise must be prominent, definite, and as legible as printing.
[Ord. C24240 §§ 31, 32, 34]
10.46.430 Area of Principal Display Panel.
The area of the principal display panel is:
A. in the case of a rectangular container, one entire side of which is properly considered the principal display panel, the product of height times width of such side;
B. in the case of a cylindrical or nearly cylindrical container, forty percent of the product of the height times the circumference of the container;
C. in the case of any other container, forty percent of the total surface of the container, excluding the tops, bottoms and flanges at the top or bottom of cans and the shoulders and necks of bottles and jars, or the entire surface area of an obvious principal display panel such as the top of a triangular package of cheese.
[Ord. C24240 § 31]
10.46.440 Height of Numbers and Letters.
The minimum height of numbers and letters in a required declaration of quantity is determined by the area of the principal display panel as follows:
Area of Principal Display Panel
(in square inches)
Minimum Height of Characters Printed, Typed or Written on Label
(in inches)
Minimum Height of Characters Blown, Formed, or Molded on Surface of Container
(in inches)
5 or less
1/16
1/8
More than 5, up to 25
1/8
3/16
More than 25, up to 100
3/16
1/4
More than 100, up to 400
1/4
5/16
More than 400
1/2
9/16
Each part of a common fraction must be one-half the above standards.
[Ord. C24240 § 31]
10.46.450 Proportion of Characters.
No character may be more than three times as high as it is wide.
[Ord. C24240 § 31]
10.46.460 Clear Area.
There must be maintained surrounding the quantity declaration an area free of any information. The clear area above and below the declaration must be at least equal to the height of the lettering used in the declaration and the area to the left and right must be at least equal to twice the width of letter “N” of the style and size of lettering used in the declaration.
[Ord. C24240 § 31]
10.46.470 Lettering Style.
Any style or type of lettering may be used for the quantity declaration so long as it is bold, clear and conspicuous in connection with the other lettering or graphic material on the package. A quantity declaration may be blown, formed, or molded on a glass or plastic surface when all label information is given in the same manner.
[Ord. C24240 § 31]
10.46.480 Color.
There must be a conspicuous color contrast between a quantity declaration and its background, except that a declaration of net quantity blown, formed or molded on a glass or plastic surface need not be in a contrasting color if no other label information is on the surface in a contrasting color.
[Ord. C24240 § 31]
10.46.490 Location.
A. The quantity declaration must be generally parallel to the identity declaration and to the base on which the package rests when on display.
B. The quantity declaration must appear in the bottom thirty percent of the principal display panel or, in the case of cylindrical containers, within that forty percent of the circumference normally displayed.
C. The words “net weight” either precede or follow the declaration of weight.
D. A quantity declaration may appear on more than one line of print or type.
[Ord. C24240 §§ 29, 31, 33]
10.46.500 Special Requirements or Exemptions.
Special requirements or specific exemptions are provided for certain consumer packages as set forth in SMC 10.46.5001 through 10.46.5014 below.
10.46.5001 Aerosol.
The declaration of quantity on an aerosol or similar pressurized package must disclose the net quantity of the commodity, including propellant, in weight that will be expelled when used following instructions shown on the container.
[Ord. C24240 § 33]
10.46.5002 Butter, Margarine.
A. Butter is exempt from the requirements that the identity declaration and the quantity declaration be parallel to the base of the package when it is packaged in four-ounce, eight-ounce, or one-pound units with continuous label copy wrapping.
B. Butter is exempt from the requirement of location of the quantity declaration when it is packaged in eight-ounce or one pound units.
C. Butter is exempt from the dual quantity declaration when it is packaged in one-pound units.
D. Margarine, except packages containing whipped or soft margarine and except packages containing more than four sticks, is exempt from both the requirements for location of the quantity declaration and for dual quantity declaration when it is packaged in one-pound rectangular packages.
[Ord. C24240 § 34]
10.46.5003 Combination Packages.
So long as its label bears a quantity declaration for each unit of commodity, a combination package is exempt from the requirements for location of the quantity declaration, the free area on the principal display panel, and the minimum height of letters and numbers.
[Ord. C24240 § 33]
10.46.5004 Display Card.
A. The principal display panel for cosmetics packaged in “boudoir-type” containers, including decorative containers of the cartridge, pillbox, compact, or pencil variety, and those of a capacity of not more than one-fourth ounce, may be a tag or tape affixed to the container, so long as it bears the required label information.
B. For a package affixed to a display card, or for a commodity and display card together comprising a package, the dimensions of the display card govern the type size of the quantity declaration.
[Ord. C24240 §§ 33, 34]
10.46.5005 Flour.
A. Wheat flour and corn flour are exempt from the requirement of location of the quantity declaration when packaged in conventional units of five, ten, twenty-five, fifty, or one hundred pounds.
B. Wheat flour is also exempt from the dual quantity declaration requirement when packaged in two-pound units.
[Ord. C24240 § 34]
10.46.5006 Fluid Dairy Products, Frozen Desserts.
A. Fluid dairy products, ice cream and similar frozen desserts are exempt from:
1. the requirement to express quantity in fluid ounces when measured and packaged in half liquid pint or half gallon containers, in which case the quantity may be stated as one-half fluid pint or one-half gallon;
2. the dual quantity declaration requirement when packaged in liquid measure containers of one pint, one quart, or one-half gallon;
3. the requirement that the declaration of quantity be located within the bottom thirty percent of the principal display panel when packaged in liquid measure containers of one pint, one quart, one-half gallon, or one gallon.
B. Molded frozen confections consisting of ice cream or similar frozen desserts are exempt from the requirement to declare the total quantity of the contents of a multi-unit package.
C. Milk and milk products packaged in glass or plastic containers of one-half fluid pint, one fluid pint, one fluid quart, one-half gallon, or one gallon are exempt from the requirement that the declaration of net contents be within the bottom thirty percent of the principal display panel, so long as the required label information is on the cap or outside closure and the quantity declaration is blown, formed, or molded on, or permanently applied to, the container at or above the shoulder.
[Ord. C24240 § 34]
10.46.5007 Multi-Unit Packages.
A. A multi-unit package bearing on the outside of the package a declaration of the quantity of each individual unit, the number of individual units and the total quantity of the package need not bear the parenthetical quantity statement of a dual declaration.
B. The quantity declaration on individual units of a multi-unit package need not be in the bottom thirty percent of the principal display panel. If the quantity declaration on individual units appears elsewhere than in the lower thirty percent, the individual units may not be sold separately.
C. Cigarettes, Small Cigars. Cartons of cigarettes or small cigars containing ten individual packages of twenty, otherwise labeled as required by this chapter and bearing a declaration of the net quantity of commodity in the package, are exempt from the requirements of the location of the declaration and the minimum height of letters and numbers.
D. Drugs. Prescription drugs and drugs containing insulin need not comply with the provisions of this section.
E. Eggs.
1. A carton containing twelve eggs is exempt from the requirement of location of the quantity declaration.
2. When the whole carton complies with all labeling requirements and is designed to be divided in halves, each half is exempt from all labeling requirements, so long as the quantity declaration on the whole carton is so located as to destroy its context when the carton is divided.
F. Penny Candy.
1. When shipped in a container which complies with all labeling requirements, individually wrapped pieces of “penny” candy are exempt from all labeling requirements.
2. When sold in bags or boxes which comply with all labeling requirements, individually wrapped pieces of candy weighing less than one-half ounce are exempt from the requirement to declare net quantity.
G. Soft Drinks. Multi-unit packages of soft drinks are exempt from the requirement of a:
1. declaration of responsibility, if such declaration appears on the individual units and is not obscured by the multi-unit packaging, or if the outside container bears a statement that such declaration will be found on the individual units inside; and
2. declaration of identity, when such declaration appears on the individual units and is not obscured by the multi-unit packaging.
[Ord. C24240 §§ 33, 34]
10.46.5008 Random Packages.
A. A random package is exempt from the requirements of type size, dual declaration, location and free area if it bears a label conspicuously declaring net weight, price per pound and total price.
B. A random package of food packed at one place for subsequent sale at another place need not declare price per unit of weight or total selling price so long as both such prices appear on the package label at the time it is offered for sale at retail.
[Ord. C24240 § 34]
10.46.5009 Small Packages.
The quantity declaration need not appear in the bottom thirty percent of a principal display panel of five square inches or less.
[Ord. C24240 § 34]
10.46.5010 Soft Drinks.
Bottles or soft drinks are exempt from the requirements of the declaration of:
A. identity, when such declaration appears on the closure;
B. quantity, when such declaration is blown, formed, or molded on or above the shoulder of the bottle and all other required information appears only on the closure.
[Ord. C24240 § 34]
Cross Reference: SMC 10.46.5007(G).
10.46.5011 Tobacco.
When shipped or delivered in containers which conform to all labeling requirements, individual cuts, plugs, or twists of tobacco and individual cigars are exempt.
[Ord. C24240 § 34]
Cross Reference: SMC 10.46.5007(C).
10.46.5012 Variety Packages.
A variety package of reasonably similar commodities must bear a label declaring the total quantity of the commodity in the package.
[Ord. C24240 § 33]
10.46.5013 Individual Food Servings.
Packages of the size of individual servings, containing less than one-half ounce or one-half fluid ounce, for use in restaurants, institutions and carriers of passengers, not intended for retail sale, are exempt from the requirement to declare net contents.
[Ord. C24240 § 34]
10.46.5014 Federal Labeling Requirements.
Packages of commodities of:
A. alcoholic beverages;
B. prescription drugs and drugs containing insulin;
C. insecticides, fungicides and rodenticides;
D. meat and meat products;
E. poultry and poultry products;
F. seeds; and
G. tobacco and tobacco products;
complying with federal packaging and label requirements are exempt from this chapter’s counterpart requirements for dual quantity declarations, location of quantity declaration, and minimum height of letters and numbers.
[Ord. C24240 § 34]
10.46.5015 Phosphorus Products.
A. Laundry detergents and soaps, whether powdered or liquid,
1. powdered laundry bleaches, and
2. powdered laundry pre-soak products,
must be clearly and distinctly labeled with an indication of the elemental phosphorus content to the nearest tenth of a percent.
B. Products containing not more than a trace quantity of phosphorus need not be so labeled and may be labeled “contains no phosphorus,” or “contains no phosphates,” or by other similar labeling which clearly states that phosphorus is not in the product.
[Ord. C29578; Passed: 1/15/1990]
10.46.510 Weighing and Measuring Apparatus – General.
A. Every seller of goods sold by weight or measure is responsible to ensure that every scale, meter and computer is suitable for its use in terms of design and is maintained and used so that it will at all times be accurate.
B. Every person using a commercial scale of a capacity over one ton must have it inspected annually by a commercial scale company by October 1st, and must file a copy of the test and report with the city sealer.
C. No person may use a newly installed weighing or measuring device until it has been inspected, approved and sealed by the city sealer. No person may use any weighing or measuring device which has been sealed when the seal is broken, for whatever reason, until the device has been inspected and resealed.
[Ord. C24240 §§ 46, 47, 48]
10.46.520 Meter and Scale Tolerances.
A. Every weighing and measuring device must be adjusted to zero error as nearly as possible, with any tolerance in the direction to favor the purchaser of the commodity.
B. A gasoline pump meter is not acceptable for use unless its tolerance is no more than one cubic inch per gallon. Every test measure used to calibrate a gasoline pump must be calibrated and sealed by the city sealer annually.
C. A vehicle tank meter is not acceptable for use unless its tolerance is no more than one cubic inch per gallon up to fifty gallons and an extra one-half cubic inch per gallon beyond fifty gallons.
(Ord. C24240 § 47)
Cross Reference: SMC 10.46.020.
10.46.530 Sealing of Apparatus.
A. The city sealer determines the manner in which weights and measures are sealed, marked, or otherwise certified as acceptable. The sealer ensures that devices are sealed so that no adjustment may be made without breaking the seal.
B. Every person maintaining or repairing weighing and measuring apparatus is required to replace broken seals following such procedures as may be prescribed by the city sealer.
[Ord. C24240 §§ 15, 47]
10.46.540 Incorrect Apparatus.
The owner or user of any weighing or measuring device which has been rejected as incorrect must cease use of the device until it has been approved or must dispose of it in a manner satisfactory to the city sealer to insure it will not again be put into use.
[Ord. C24240 § 16]
10.46.550 Maintenance Personnel.
A. No person may engage in the business of installing, repairing, or maintaining weighing or measuring equipment in the city without a permit issued by city sealer for the current calendar year. Such permit is a class IIS license under SMC chapter 4.04.
B. Every person installing, repairing, or maintaining weights and measures equipment must submit reports on each job, giving such information as may be prescribed to the city sealer.
[Ord. C24240 § 51]
10.46.560 Department of Weights and Measures.
A. The city sealer, as head of the department of weights and measures, has authority, concurrent with and under the direction of the State Sealer, as provided in RCW 19.94.180 and 19.94.320, to administer and enforce this chapter and to authorize deputy sealers to do any and all things as may be necessary to accomplish the purposes of this chapter.
B. In general the city sealer:
1. has the custody of the official City and field standards of weights and measures;
2. inspects, tests and approves or rejects weights, measures and measuring devices;
3. inspects and weighs or measures packages or other amounts of commodities sold, offered for sale, or in the process of delivery for compliance with this chapter;
4. requires sellers to stop the use or sale of weights, measures, or commodities which do not conform to the requirements of this chapter;
5. seizes and holds or disposes of weights, measures, packages, or commodities which are in violation of this chapter;
6. has the right of entry to all places where commodities are kept for sale or where weights and measure are kept for commercial use;
7. has the authority of a police officer to issue citations or complaints and make arrests in connection with violations of this chapter; and
8. makes such rules and regulations as may from time to time be necessary.
[Ord. C24240 §§ 9, 11, 13, 14, 15, 17, 18]
Cross Reference: RCW 19.94.300.
10.46.570 Violations.
No person may:
A. use a weight or measure which has not been first submitted to inspection and approval by the sealer;
B. use a weight, measure, or other device requiring a seal which does not have a valid seal;
C. use a weight, measure, or other device which has been rejected by the sealer;
D. remove or tamper with any seal, mark, or other certification on a device without authorization;
E. dispose of a weight, measure, or other device in any manner other than as directed by the sealer;
F. sell or keep or offer for sale any package or other commodity which the sealer has ordered removed;
G. dispose of a package or other commodity which the sealer has ordered removed in any manner other than as directed by the sealer;
H. when in control of the means to determine quantity, either take more as buyer or give less as seller than represented;
I. distribute, sell, or offer for sale any commodity which, or by a method which, does not comply with the requirements of this chapter or is otherwise deceptive;
J. hinder or obstruct the sealer, by failing to permit inspection or testing of apparatus or commodities, or otherwise;
K. falsely impersonate the sealer or a deputy; or
L. fail to obey any lawful order of the sealer made pursuant to this chapter or rules or regulations issued under this chapter or any applicable federal or state law.
Code Publishing Company
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