Packaging and Labeling Requirements FAQs

Depending on the product, there are many regulations that require a product’s label or markings to be in compliance before being sold in the U.S.  The primary labeling requirements related to legal metrology include the Declarations of Identity, Responsibility, and Quantity (i.e., products and commodities sold in package form by weight, measure, or count). 

Under the Fair Packaging and Labeling Act, labeling requirements must be met for commodities (e.g., food items) that fall under the authority of the Food and Drug Administration (FDA) and commodities that fall under the authority (e.g., non-food items) the Federal Trade Commission (FTC).  Many products exempt from the FPLA nevertheless fall within the purview of the Weights and Measures laws of the individual states that adopt the Uniform Packaging and Labeling Regulation (UPLR) from NIST Handbook 130.

The Federal Packaging and Labeling Act (FPLA) relates to the net quantity of contents information on packages, goods, or commodities that are sold based on weight or measure. The purpose of FPLA is to facilitate value comparisons and to prevent unfair or deceptive packaging and labeling of many household "consumer commodities."

Products must be labeled per the FPLA with the following:

• Declaration of Identity
• Declaration of Responsibility (name and address of manufacturer, packer, or distributor)
• Declaration of Net Quantity, Servings, or Uses

Under the Act, a Consumer Commodity or Commodity means any article, product, or commodity that 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. 

See the complete content of the FPLA for the specific products covered.  Products such as meat, poultry, tobacco, drugs, medical devices, cosmetics, etc. may not be covered, and other labeling regulations may apply.

The Uniform Packaging and Labeling Regulation (UPLR) in NIST Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, has been adopted into law in 45 of the 50 U.S. states. These regulations provide accurate and adequate information on the identity and quantity of contents of packages so that purchasers can make price and quantity comparisons.

The UPLR requires that consumer packaging bear a label specifying the following:

• the identity of the commodity
• the name and place of business of the manufacturer, packer, or distributor
• the net quantity of contents in terms of weight or mass measure, or numerical count in a uniform location upon the principal display panel.

Note: All 50 states have some type of packaging and labeling regulations in effect, and all have requirements in their laws that require all packages to bear information regarding identity, responsibility, and quantity.  Even if a product is exempt under the FPLA, the state law requirements can still be applied.  It should also be noted that state law cannot conflict with the FPLA. 

Yes. Federal agencies such as the U.S. Department of Agriculture (USDA), the Alcohol and Tobacco Tax and Trade Bureau (TTB), and the Environmental Protection Agency (EPA) have unique regulations and requirements that may sometimes differ from the UPLR. 

Several other federal agencies regulate specific products for which there are labeling or marking requirements in addition to labeling the identity, quantity, and responsibility. In addition, there may be state-specific requirements or multiple requirements.

The table below illustrates a selection of products and commodities that require labeling or marking together with the federal agency that governs them. Individual states may also have specific regulations for these products. 

For additional information, the CPSC’s Regulations, Mandatory Standards and Bans includes an extensive list of products within the CPSC’s jurisdiction and the applicable regulations and mandatory standards established by them, many of which include labeling requirements.

Note that the information here reflects only a portion of the requirements that may need to be met to sell products in the U.S. This list is not all-inclusive and other requirements may apply. 

Yes. The Food and Drug Administration (FDA) administers FPLA regulations for foods, drugs, cosmetics, and medical devices. The Federal Trade Commission (FTC) administers FPLA regulations for other "consumer commodities" consumed or expended in the household. 

Many products exempt from the FPLA do fall within the purview of individual state Weights and Measures laws.

Though not a comprehensive listing, NIST Handbook 130 VI. NCWM Policy, Interpretations and Guidelines, Section 2.6.8. provides a list of the commodities and commodity groups that are and are not within the scope of FPLA as administered by the FTC.

Yes, but only for consumer products. 

All labels on packages subject to the FPLA (per FDA and FTC) must bear metric and U.S. customary units. Similarly, all packages of consumer products subject to the UPLR must bear metric and U.S. customary units. 

An exception exists for non-consumer products subject to the UPLR, which may be labeled either in customary units or in metric units (but not in both).  The UPLR also allows metric-only labeling on consumer products not covered by FPLA. Under this exemption, only U.S. customary units are optional. It is important to note that while most food products must have metric units displayed on packages, meat, poultry, and catfish products regulated by the USDA do not require (optional) metric units.

No. The same labeling requirements apply to these products, which must comply with the FPLA, UPLR, and laws and regulations specified in NIST Handbook 130.

Yes. In addition to the FPLA and UPLR, all products imported into the U.S. must conform to Title 19, United States Code, Chapter 4, Section 1304 and 19 CFR 134, Country of Origin Marking regulations. Other product categories (electronics, food, medical devices, etc.) are covered by regulations from the responsible agency. A product may have to be compliant with several labeling regulations from different agencies.

Yes. The regulations stipulated in Title 19, United States Code, Chapter 4, Section 1304 and 19 CFR 134, Country of Origin Marking require that every article of foreign origin (or its container) imported into the U.S. be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, and in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article at the time of importation.

In addition, the U.S. Customs and Border Protection (CBP) has several Informed Compliance Publications (ICPs) in the "What Every Member of the Trade Community Should Know About" series. Where applicable, specific marking requirements are included (e.g., eyewear frames and eyewear).

See Terminology and Methods for Marking of Country of Origin on U.S. imports for more information.