30-12-301. Method of sale of commodities -- general. (1) Commodities in liquid form may be sold only by liquid measure or by weight, and, except as otherwise provided in parts 1 through 5, commodities not in liquid form may be sold only by weight, by measure of length or area, or by count. Liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if those methods give accurate information as to the quantity of commodity sold. This section does not apply to:
(a) commodities when sold for immediate consumption on the premises where sold;
(b) vegetables when sold by the head or bunch;
(c) commodities in containers standardized by a law of this state or by federal law;
(d) commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(e) concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure;
(f) unprocessed vegetable and animal fertilizer when sold by cubic measure;
(g) cottage food products as defined in 50-50-102; or
(h) homemade food or homemade food products sold pursuant to Title 50, chapter 49, part 2.
(2) The department may adopt reasonable rules necessary to ensure that amounts of commodity sold are determined in accordance with good commercial practice and are determined and represented as to be accurate and informative to all parties at interest.
History: En. Sec. 18, Ch. 99, L. 1969; amd. Sec. 158, Ch. 431, L. 1975; R.C.M. 1947, 90-170; amd. Sec. 5, Ch. 239, L. 2015; amd. Sec. 4, Ch. 320, L. 2021.