§ 191. Standardized packaging. 1. For the purposes of this section:

a. "Food store" shall mean a store selling primarily food at retail,
which store is not primarily engaged in the sale of food for consumption
on the premises.

b. "Consumer commodities" shall mean:

(1) food, including all material, solid, liquid, or mixed, whether
simple or compound, used or intended for consumption by human beings or
domestic animals normally kept as household pets and all substances or
ingredients to be added thereto for any purpose;

(2) napkins, facial tissues, toilet tissues, foil wrapping, plastic
wrapping, paper toweling, disposable plates and cups;

(3) detergents, soaps and other cleansing agents; and

(4) non-prescription drugs, female hygiene products, and toiletries.

c. "Package" shall mean any container or wrapper in which a consumer
commodity is enclosed and offered or exposed for sale in a food store.

d. "Package size" shall mean the physical dimensions of a container
which encloses a consumer commodity.

e. "Quantity" shall mean the net weight, volume, numerical count, area
or linear measure, as appropriate, of the contents of a package.

f. "Person" shall mean any individual, partnership, corporation,
association, or firm.

2. Upon the petition of a substantial number of each group of
manufacturers, packers, distributors, and retailers of any consumer
commodity packaged or wrapped in advance of being offered or exposed for
sale in a food store, the commissioner may hold a public hearing upon
due notice to consider rules and regulations prescribing standard
quantities or package sizes by which any such commodity shall be sold,
or offered or exposed for sale in a food store. If the commissioner
finds that the proposed standardization will reduce an undue
proliferation of package sizes and facilitate the ability of consumers
to make price comparisons, he may adopt and promulgate such rules and
regulations with respect to such commodity unless a voluntary product
standard has been established for such commodity pursuant to the federal
fair packaging and labelling act. In addition to any such commodities,
the commissioner may by rule and regulation, and without any public
hearing, prescribe the existing standard quantities or package sizes for
milk, cream, melloream, frozen desserts, flours and meals; thereafter
the commissioner may prescribe standard quantities or package sizes for
such commodities, whether or not a voluntary product standard has been
established, without petition but shall hold a public hearing prior to
the promulgation thereof.

3. No person shall sell, offer or expose for sale in a food store any
consumer commodity for which the commissioner has prescribed, pursuant
to subdivision two herein, a standardized quantity or package size
except in a package or by a quantity which conforms to that prescribed
by the commissioner.