Sec. 42-115m. Wrapper or container not to mislead purchaser. Guarantee. Regulations.

      Sec. 42-115m. Wrapper or container not to mislead purchaser. Guarantee. Regulations. (a) No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled, as to mislead the purchaser as to the quantity or the quality of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the commissioner.

      (b) All fresh or frozen meat or meat products sold at retail, except ground meat, liver, or any other meat or meat products which may be exempted by the commissioner, shall, when put up or packaged in advance of sale, be so wrapped as to permit the consumer to view and inspect the meat prior to purchase, with the top completely visible, except for labeling only on the top of the package which label shall not exceed a percentage of the top to be established by the Commissioner of Consumer Protection.

      (c) A label bearing the words "100% guarantee" shall be affixed to the top of any packaged fresh or frozen meat or meat product which is packaged in accordance with the provisions of subsection (b) of this section and which is sold at retail, except that such label shall not be required on any meat or meat product sold at retail which, when put up or packaged in advance of sale, is wrapped with at least seventy per cent of the contents visible through the bottom of the package, which bottom visibility shall be uniformly distributed. A retailer shall, upon the request of a consumer with proof of purchase of any unsatisfactory meat or meat product to which a guarantee is affixed and the return of such unsatisfactory product, refund the full purchase price of such product or provide a satisfactory replacement for such product.

      (d) The commissioner shall adopt regulations necessary to carry out the provisions of this section.

      (1967, P.A. 804, S. 7; P.A. 73-662, S. 1, 2; P.A. 85-123; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 73-662 added Subsec. (b) re packaging of fresh or frozen meat or meat products, effective October 1, 1974; P.A. 85-123 amended Subsec. (a) by prohibiting any person from misleading a purchaser as to the quality of the contents of a package, amended Subsec. (b) by deleting a requirement that 70% of the bottom of the contents of a package be visible and by removing a requirement that the commissioner of consumer protection adopt regulations and added Subsec. (c), requiring the guarantee of meat or meat products wrapped without 70% of the bottom of the contents visible and Subsec. (d) requiring the commissioner of consumer protection to adopt necessary regulations; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Cited. 158 C. 543.