The following has been provided by the Agricultural Commissioners, Weights & Measures office.
Fresh Fruits and Vegetables may be sold by dry measure, net weight, or by count. Alternatives to selling by weight are as follows:
- You can sell produce by the each. The customer can pick and choose the largest, most ripe, most tempting item in the lot for the same price.
- You can sell produce by the bunch. Again, the customer can pick and choose the ‘best’ one for them.
- You can sell produce by the bag, however bag triggers the Fair Packaging and Labeling Act and Uniform Packaging and Labeling Regulations:
- A package means any commodity that is enclosed in a container or wrapped in any manner in advance of sale. The bag can be either a standard pack (all the same net quantity) or random pack (different net quantity). We encourage the use of a commercial scale for pre-packing but we do not require annual certification and inspection of the pre-pack scale. The packer is responsible for an accurate net quantity statement. A faulty piece of equipment is not a defense to a short weight violation.
- The declaration of Identity should be the common or usual name of the produce.
- Any package sold at any place other than on the premises where packed must have a responsibility statement including farm/business name, address, city, state, and zip code. The street address can be omitted if the farm/business is shown in a current city directory or phone directory.
A declaration of net quantity exclusive of wrappers and any other material packed with the produce shall appear on the principal display panel on the package.
- The quantity shall accurately reflect the contents of the package. It cannot be approximately 16 ounces. It must contain at least 16 ounces.
- If the produce is sold at a farm stand the requirement for metric units is waived. If it is sold anywhere else the package should have customary units and metric units of measure. An example: A farm stand can label a bag of potatoes as 1 lb; everywhere else the package should be labeled as (1 lb 453g).
If a local producer has aspirations to sell produce at a retail market please review the following publications regarding correct labeling:
- National Institute of Standards and Technology (NIST) Consumer Package Labeling Guide: Selling by Count (NIST SP 1020-3)
- National Institute of Standards and Technology (NIST) Consumer Package Labeling Guide: Selling by Weight (NIST SP 1020-1)
These publications have and easy check box format for labeling review. They are easier to read than plowing through California Code of Regulations.
