As used in this article, unless the context otherwise
requires:
(1) (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.
(2) Certified scales means scales located throughout the state which are
used for public weighing and which meet the requirements of certification.
(3) [ See editor's note following this section ] Certified weighers means a
natural person who is certified under the provisions of this article.
(4) Commercial weighing and measuring devices means those devices
commercially used 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.
(4.5) Commission means the state agricultural commission.
(5) Commissioner means the commissioner of agriculture.
(5.5) Commodity means any agricultural commodity, consumer commodity,
or any other goods.
(6) 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.
(7) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6, effective
April 2, 2009.)
(8) Correct means conformance to all applicable requirements of this
article.
(9) Department means the department of agriculture.
(9.5) Grain protein analyzer means the equipment and accessories used to
determine the protein content of grain.
(10) Grain sample means that portion of a grain, seed, or other agricultural
commodity taken from the bulk of grain, seed, or other agricultural commodity for
the purpose of determining moisture content.
(11) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6,
effective April 2, 2009.)
(12) Inch pound system means the United States customary system of
weights and measures as approved by the United States department of commerce.
(13) 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.
(14) Laboratory means the metrology laboratory of the division of
inspection and consumer services in the department.
(15) Metric system means the Systeme Internationale System of Weights
and Measures, as adopted by the United States department of commerce.
(16) Metrology services means all testing and calibrating and, when
necessary, the making of adjustments to weights and measures.
(17) Moisture content means the percentage content of moisture and other
volatiles on a wet basis in a grain sample as determined in a manner recognized by
the United States department of agriculture.
(18) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6,
effective April 2, 2009.)
(19) Moisture-testing device means all equipment and accessories required
for determining the moisture content in a grain sample.
(20) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6,
effective April 2, 2009.)
(20.5) National type evaluation program means the evaluation program
administered by the national conference on weights and measures.
(21) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6,
effective April 2, 2009.)
(22) 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.
(23) and (23.5) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, �
6, effective April 2, 2009.)
(24) Placing in service means placing in use any new, used, repaired, or
reconditioned weighing and measuring device.
(25) and (26) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, �
6, effective April 2, 2009.)
(27) 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.
(28) and (29) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, �
6, effective April 2, 2009.)
(30) 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.
(30.5) Standard means a weight or measure used as a reference to
establish a measured quantity value.
(31) Traceable means the system of determining the value of a standard by
comparison with approved standards of the national institute of standards and
technology.
(31.5) and (31.6) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323,
� 6, effective April 2, 2009.)
(32) Vehicle means any device by which any property, produce, commodity,
or article is or may be transported.
(33) 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.
(34) 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.