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Getting started

A statute that declines to regulate

On this page12
Not the size, shape, weight, dimensions or number. The paragraph forecloses all five.

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.

References

15 U.S.C. 1454(c)(1). The promulgating authority shall promulgate regulations effective to "establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, 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;" The subsection is an authority to promulgate regulations rather than a packaging requirement in itself, and nothing here describes the content of any regulation made under it. law.cornell.edu
The Davis Pack Supply catalog, measured 19 October 2026. Our capacity field is a volume in millilitres, published on 169 of the 171 containers in this group and running 100 to 3,000 mL with a median of 355. A powder supplement is declared by weight. We publish no bulk density and no fill weight, so a volume cannot be converted to a mass from our data. Bulk density is a property of the powder, and the five leaves in this group differ widely in it.
Written from 15 U.S.C. 1454(c) and from the catalog as it stood on 19 October 2026. That subsection authorizes regulations and is not itself a packaging requirement; nothing here describes the content of any regulation promulgated under it. Our capacity field is a volume and a powder is declared by weight, and we publish no bulk density, so the two cannot be reconciled from our data. Whether any ingredient in this group may be used is the new dietary ingredient question covered in the adjacent botanicals property and is not addressed here.