As used in this article, unless the context otherwise requires:
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,2009.)
(1.7) "Certificate of conformance" means a document issued by the national type evaluation program constituting evidence of conformance of a weighing and measuring device with the requirements of national institute of standards and technology handbook 44.
"Certified scales" means scales located throughout the state which are used for publicweighing and which meet the requirements of certification.
"Certified weighers" means a natural person who is certified under the provisions ofthis article.
"Commercial weighing and measuring devices" means those devices commerciallyused or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption that are sold or offered or exposed for sale or hire or in computing any basic charge or payment for services rendered on the basis of weight, measure, or count.
"Commission" means the state agricultural commission.
"Commissioner" means the commissioner of agriculture.
"Commodity" means any agricultural commodity, consumer commodity, or anyother goods.
"Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in package form but on which there is marked a selling price based on an established price per unit of weight or of measure shall be construed to be a commodity in package form. The term "package" shall be construed to mean "commodity in package form".
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,
2009.)
"Correct" means conformance to all applicable requirements of this article.
"Department" means the department of agriculture.
"Grain protein analyzer" means the equipment and accessories used to determinethe protein content of grain.
"Grain sample" means that portion of a grain, seed, or other agricultural commoditytaken from the bulk of grain, seed, or other agricultural commodity for the purpose of determining moisture content.
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,2009.)
"Inch pound system" means the United States customary system of weights andmeasures as approved by the United States department of commerce.
"Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, molded into, formed upon, embossed upon, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package; except that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be deemed to be a label requiring the repetition of label information required by this article.
"Laboratory" means the metrology laboratory of the division of inspection and consumer services in the department.
"Metric system" means the "Systeme Internationale System of Weights and Measures", as adopted by the United States department of commerce.
"Metrology services" means all testing and calibrating and, when necessary, themaking of adjustments to weights and measures.
"Moisture content" means the percentage content of moisture and other volatiles ona wet basis in a grain sample as determined in a manner recognized by the United States department of agriculture.
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,2009.)
"Moisture-testing device" means all equipment and accessories required for determining the moisture content in a grain sample.
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,2009.)
"National type evaluation program" means the evaluation program administeredby the national conference on weights and measures.
(Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2,2009.)
"Not susceptible of repair" means any weight or measure that is designed or constructed in such a fashion so as to fail to comply with the applicable design or construction standards for such weight or measure or that cannot be repaired to meet the tolerance standards for such weight or measure.
and (23.5) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)
"Placing in service" means placing in use any new, used, repaired, or reconditionedweighing and measuring device.
and (26) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)
"Random-weight package" means a package that is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights, as when packages of the same consumer commodity have no fixed pattern of weight.
(27.5) "Reference standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived pursuant to section 35-14-104.
and (29) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6, effective April 2, 2009.)
"Secondary standards" means the physical standards that are traceable to the reference standards through comparisons, using acceptable procedures, and are used in the enforcement of weights and measures laws and rules.
"Standard" means a weight or measure used as a reference to establish a measuredquantity value.
"Traceable" means the system of determining the value of a standard by comparisonwith approved standards of the national institute of standards and technology.
and (31.6) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, § 6,effective April 2, 2009.)
"Vehicle" means any device by which any property, produce, commodity, or articleis or may be transported.
"Weight" means net weight as used in connection with any commodity or service;except that, where the label states that the product is sold by drained weight, the term "weight" means net drained weight.
"Weights" or "measures" means all weights or measures of every kind, any instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all of such instruments and devices.
Source: L. 83: Entire article R&RE, p. 1339, § 1, effective July 1. L. 95: (16), (22), and (31) amended and (1.7), (20.5), (23.5), (31.5), and (31.6) added, p. 893, § 1, effective July 1. L. 2009: (1), (1.7), (4), (7), (11), (14), (16), (17), (18), (20), (20.5), (21), (22), (23), (23.5), (24), (25), (26), (28), (29), (30), (31.5), (31.6), and (33) amended and (4.5), (5.5), (27.5), and (30.5) added, (SB 09-113), ch. 88, p. 323, § 6, effective April 2. L. 2011: (9.5) added, (HB 11-1159), ch. 95, p. 279, § 1, effective August 10.
Editor's note: (1) This section is similar to former §§ 35-14-101 and 35-14-102 as they existed prior to 1983.
(2) Subsection (3) is repealed, effective September 1, 2028, pursuant to § 35-14-134.