Are mugs, steins, tumblers, vases and similar items subject to the law when holding candy, beverages, flowers or other products?
In cases where the items are manufactured as products (e.g., decorative mugs) and only incidentally hold other items during final distribution to the end user, the product is not considered a package. One or more of the following would have to apply. The items: are not designed solely to contain and protect the goods inside for transport and handling during distribution; have intrinsic value as an artistic or useful object in themselves which is often reflected in the selling price if sold; and are intended to be retained beyond the life of the item inside and not promptly discarded after the contents have been consumed or used. In cases where the item is used solely to deliver another product (e.g., a beverage sold at a food counter), the item is considered a package. An exemption for “controlled distribution and reuse” may apply if the item is not normally discarded after the product inside has been consumed. Further, a container sold without being filled with a product, such as an e