98 THE MONTHLY BULLETIN. 



The Net Container Act and the Standardization Law. — The Com- 

 mission has just received a communication from Mr. Charles 6. Johnson, 

 State Superintendent of Weights and Measures, which shows very 

 clearly the relationship between the Net Container Act, the Weights and 

 Measure Law and the Standardization Laws. We believe this infor- 

 mation should be made public and are sure that a careful study of the 

 following pases will result in a better understanding of the situation : 



February 24, 11)17. 

 State Commission of Horticulture, 

 Forum Building, 



Sin in mi iiiii. California. 

 Gentlemen : 



I have for review Assembly Hills Nos. 212, 1110, and Ho, calculated to promote 

 the development of the California Fruit Industry, and safeguard the state's reputa- 

 tion iu outside markets by establishing standards of quality and quantity, and pro- 

 viding for uniform containers in the packing and marketing of apples aud other 

 California fruit products. 



My attention is particularly directed to the various provisions of these acts 

 relating to uniform containers, and providing for the indication thereon of a state- 

 ment of contents. These provisions associate themselves and may be termed "cooper- 

 ative legislation" with the weights and measures laws, subject to enforcement under 

 the supervision of this department. 



The Net Container Act is an act to provide for the indicating of the net quantity 

 of foodstuffs and stuffs intended to be used or prepared for use as food for human 

 beings, when sold or offered or exposed for sale in containers. The act definitely 

 provides that whenever any commodities within the provisions of this act are sold, 

 offered, or exposed for sale in containers, the net weight of the contents of the 

 container shall be plainly and conspicuously marked, branded, or otherwise indicated 

 on the outside or top thereof, or on a label or tag attached thereto. 



Any variety of fruit or vegetable when packed in containers is food within the 

 meaning of this act, and consequently any fruit packed in containers must be packed 

 in accordance with the requirement of the provisions thereof. 



The law in a general way is calculated to effect the sale of food products by true 

 net weight, yet it provides for liberal exemptions. Section 5 provides that the quan- 

 tity of the contents may be stated in terms of minimum weight, but in such case 

 the designation must approximate the actual quantity, aud there shall be no tolerance 

 below the stated minimum. The act does provide against a tolerance in deficiency, 

 which establishes the opinion that the framers intended to permit a reasonable 

 commercial tolerance in excess, where such tolerance in excess does not defeat the 

 purpose of the act. 



Under section 7 the act further provides that it shall not be held to be a violation 

 of the provisions of this act when a commodity in a container is sold or offered or 

 exposed for sale, and there is a discrepancy between the actual quantity of the com- 

 modity in said container and the net quantity of the contents thereof indicated on 

 the container, provided that such discrepancy is due to unavoidable leakage, shrink- 

 age, evaporation, waste, or causes beyond the control of the seller acting in good faith. 



The Net Container Act can not be construed as providing for uniform containers 

 or the fixing of dimensions calculated to definitely establish a certain size container. 

 It concerns itself entirely with the weight of the commodity. This department in 

 its operation will cooperate to the fullest extent with your department in bringing 

 about uniformity in weight of common commodities. 



Under section 6 of the Weights and Measures Act. the state superintendent is 

 given the power to establish standard net weight, or net measure, or net count of 

 any commodity, produce or article. In the exercise of these powers, this department 

 will adjust itself to the effect that any standard weight established will conform 

 to the standard dimensions of any containers as may be fixed by your department. 



The Net Container Act of the state of California conforms almost verbatim to 

 the provisions of Food Inspection Decision No. 154 of the Federal Department of 



