A statute that declines to regulate
On this page12
The first half is an authority
To establish and define standards for characterization of the size of a package, which may be used to supplement the label statement of net quantity of contents.
So the subject is describing a size
Whatever a standard for characterizing a package size turns out to be, it supplements a net quantity declaration rather than replacing it.
And the second half takes something away
But this paragraph shall not be construed as authorizing any limitation on the size, shape, weight or mass, dimensions, or number of packages which may be used to enclose any commodity.
Five things, named individually
Size, shape, weight or mass, dimensions, number. The drafting did not rely on a general word; it listed them.
Including the number of packages
Which is the one that reaches furthest. No limitation on how many packages may be used to enclose a commodity.
Which is the opposite of the wine rule
27 CFR 4.72 restricts the fill to a list of twenty-five values and nothing between them. This paragraph expressly declines the same power.
Two federal provisions, opposite stances
And the difference is the commodity, not the principle. Which is worth knowing before assuming that a container size is either free or constrained.
It is an authority to promulgate, not a requirement
The subsection directs that regulations be made. What any such regulation says is a separate question and nothing here describes one.
So read it for the boundary it draws
Describing a package size is in scope and limiting one is out of scope, under this paragraph.
And the subsection is conditional on a determination
Regulations are required whenever the promulgating authority determines they are necessary to prevent the deception of consumers or to facilitate value comparisons. So even the authority is exercised on a finding.
Then there is our own problem, and it is arithmetic
A powder is declared by weight and our capacity field is a volume. We publish no bulk density, so the two cannot be reconciled from our data.