Table Of ContentmCKAGING
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PACKAGING REGULATIONS
PACKAGING
REGULATIONS
Stanley Sacharow, A.B., A.M.
Professional Member,
The Packaging Institute
CENTRAl MlSSOUfit
STATE UNIVERSITY
^arfensburg,
Missouri ^
avi
AVI PUBLISHING COMPANY, INC.
Westport, Connecticut
® Copyright 1979 by
THE AVI PUBLISHING COMPANY, INC.
Westport, Connecticut
All rights reserved. No part of this work covered by the
copyright hereon may be reproduced or used in any form or
by any means—graphic, electronic, or mechanical,
including photocopying, recording, taping, or information
storage and retrieval systems—without written permission
of the publisher.
Library of Congress Cataloging in Publication Data
Sacharow, Stanley.
Packaging regulations.
Includes index.
1. Packaging — Law and legislation — United States.
2. Packaging — Law and legislation — Canada. I. Title.
KFI665.S3 343’.73’075 78-25786
ISBN 0-87055-274-0
Printed in the United States of America
KF
1
Preface
During the spring 1977 semester, this writer had the occasion to attend
a course dealing with packaging regulations held during the evening ses¬
sion at Rutgers University. Sponsored by the Packaging Science and
Engineering (PS&E) curriculum at Rutgers and taught by Mr. Robert J.
Kelsey, the course stimulated interest in the vast subject of packaging
regulations. The net result is this text. Based on some material presented
during the course and an even greater amount obtained by intimate ex¬
perience in the packaging industry for over 15 years, this text sum¬
marizes all regulations dealing with packaging.
The trend in all regulations affecting packaging is towards statutes
and the codification of common law. Since a statute dominated system
involves considerable governmental responsibility, the text has been
divided into the basic governmental agencies’ handling of packaging as
well as categorized by function. Thus, a chapter on the activities of the
FDA precedes a chapter entitled, “Patents, Trademarks and
Copyrights.” And since all law is divided into religious, common and
statute, material is also presented on the religious regulations dealing
with the packaging industry.
Statutues change and regulations may be considerably different after a
certain period of time. Even though this is true, basic principles hold for
years and even centuries. The truths presented in the Magna Carta are
still valid more than six centuries after their formulation. Perhaps the ac¬
tual laws may change, but the general principles of governmental regula¬
tion are as valid today as they were in the early days of the 20th Century.
It is in this vein that this text was written.
Thanks must be given to many. From the various officials who sup¬
plied the photos to Bob Kelsey, whose course teased the author’s im¬
agination into delving further into a most important topic. From
Canada, my friend. Dr. Marvin A. Tung, Associate Professor, Food
Science, University of British Columbia and Ms. Maureen R. Garland
V
VI PACKAGING REGULATIONS—AN OVERVIEW
have written an excellent chapter on Canadian regulations. Their work
will prove to be of great value not only to Canadian researchers but to all
members of the packaging fraternity. I deeply appreciate their efforts. As
in my past books, this work would not be possible without full coopera¬
tion of my wife Beverly Lynn and sons, Scott Hunter and Brian Evan.
Their devotion and belief in this project made it all worthwhile.
STANLEY SACHAROW
East Brunswick, N.J.
November, 1978
Foreword
As a lawyer, it is with both pleasure and a bit of amicable envy that I
write the Foreword to this, Stanley Sacharow's latest fine work in the
complex but vitally important packaging field. Lawyers for some time, as
a group, have too often been victims of their own jargon and resultant in¬
ability to communicate with the public. Their job includes the need to
communicate, first and foremost. This Mr. Sacharow has done so well, so
admirably. Hence, my “pleasure and amicable envy,” for here is a
volume easy to read, filled with important and timely knowledge as ex¬
pounded by an expert and master researcher, knowledge to which the
reader has been given ready and quick access by Mr. Sacharow. One can
see the author was concerned that what he had to say was not only said,
but available without hurdles, to be understood and to be used. Mr.
Sacharow has undertaken a demanding but worthwhile project, has seen
it through to successful fruition, making the reader and all those concer¬
ned with this ambient subject the ultimate beneficiaries.
JAY J. LEVIT, A.B., J.D., LL.M.
Instructor, University of Michigan Law School
Adjunct Associate Professor of Law,
University of Richmond Law School
September 8, 1978
Vll
Dedication
To Dr. Harvey Wiley - who started it all!
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Contents
PREFACE
1 Packaging Regulations—An Overview 9
(f Federal Food, Drug and Cosmetic Act—1938
(The Copeland Act) 13
(^^^Fair Packaging and Labeling Act (FPLA) 50
4 United States Department of Agriculture 61
5 Product Safety—Consumer and Industrial 79
6 State, Local, Federal and Military Regulations 102
7 Special Regulations 119
8 Carrier Rules 133
Patents, Trademarks and Copyrights 142
10 Canadian Regulations 151
INDEX 203
IX
