Section 413.005

Title XXVI TRADE AND COMMERCE

Chapter 413

Effective - 28 Aug 2002   

  413.005.  Definitions. — As used in sections 413.005 to 413.229, unless the context clearly indicates otherwise, the following words and terms mean:

  (1)  "Accurate", any piece of equipment that conforms to the standard within applicable tolerance and other performance requirements;

  (2)  "Commercial weighing and measuring equipment", devices commercially used in or employed to establish the size, quantity, extent, area or measurement of quantities, things produced or articles for distribution or consumption, purchased, offered or submitted for sale, hire or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure, and includes any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the weighing or measuring device;

  (3)  "Correct", equipment that is accurate and it meets all applicable specifications and requirements;

  (4)  "Director", the director of the department of agriculture, or his or her designated representative;

  (5)  "Division", the division of weights and measures of the department of agriculture;

  (6)  "Net mass" or "net weight", the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity, which include but are not limited to containers, conveyances, bags, wrappers, packaging material, labels, individual piece coverings, decorative accompaniments and coupons and packaging materials;

  (7)  "Package", any commodity of standard package or random package enclosed in a container or wrapped in any manner in advance of wholesale or retail sales, or whose weight or measure has been determined in advance of wholesale or retail sale, and an individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure, shall be considered a package (or packages);

  (8)  "Person", includes individuals, partnerships, corporations, companies, societies, and associations;

  (9)  "Point-of-sale system", an assembly of elements including a weighing or measuring element, indicating element, and a recording element that may be equipped with a "scanner" used to complete a direct sales transaction;

  (10)  "Primary standards", the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived;

  (11)  "Random weight packages", a package that is one of a lot, shipment or delivery of packages of the same consumer commodity with no fixed pattern of weights;

  (12)  "Sale from bulk", the sale of commodities when the quantity is determined at the time of sale;

  (13)  "Secondary standards", the physical standards used in the enforcement of weights and measures laws and regulations which are traceable to the primary standards through comparisons, using acceptable laboratory procedures;

  (14)  "Standard package", a package that is one of a lot, shipment or delivery of packages of the same commodity with identical net contents declarations;

  (15)  "Weight", as used in connection with any commodity or service means net weight.  Where the label declares that the product is sold by drained weight, the term means net drained weight;

  (16)  "Weights and measures", instruments and devices of every kind, used for weighing and measuring, and any appliance, accessory or object used with or associated with the use of all such instruments and devices.

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(L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)