The standard was read as fixed
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The three adverbs were read as absolutes
Legibly, indelibly and permanently, each qualified by as the nature of the article or container will permit.
So a small article was assumed to be exempt
It is not. The standard bends to what the article allows, which is not the same as excusing it.
Or assumed to need a full-size mark
Also wrong in the other direction, and the qualifier is what distinguishes this from a fixed type size.
Which is the contrast worth holding
The cannabis topicals property quotes a 1/16 inch minimum that does not bend for a small package at all, with relief only by petitioning for a rulemaking.
Two schemes, two attitudes to the same problem
One accommodates a small object by its own terms and the other does not accommodate it.
Indelibly and permanently were treated as one requirement
They are adjacent and separate. A mark can be indelible and sit on something that comes off.
And legibility was treated as permanent too
Heat shrink is the counterexample: a mark survives the process and stops being readable because the substrate moved.
The container qualifier was overlooked
The clause says the nature of the article or container will permit, so a container mark is held to what that container allows.
Which makes the material a compliance variable
117 PET, 78 polypropylene and 56 glass, and three different marking processes behind them.
A deformed article was marked before deformation
Crimp, ring and spade terminals and ferrules are all crushed in use, so a mark applied before may not survive after.
And an already-used surface was marked again
A glass fuse carries its rating on a metal end cap, which is the only markable surface and is already occupied.
The origin was assumed from the supplier
Where anything was made is a fact about a supply chain and this property establishes none of it.
And the proportionality was read as applying to cost
It applies to the nature of the article or container. Expense is not mentioned anywhere in the clause.
Read the qualifier, then read the surface
Which is the whole method for this spine.