§ 24-6-3-12 — Dry capacity measure; sale of fruits and vegetables; commodities; original standard container; definitions

Indiana § 24-6-3-12

• Jurisdiction: Indiana
• Art. 6: WEIGHTS, MEASURES, AND LABELING
• Ch. 3: State and Local Weights and Measures Program

Text

(a) All commodities shall be offered for sale
or sold upon the basis of avoirdupois net weight or by numerical count
only, and it shall be unlawful for anyone to use or employ any dry
capacity measure, basket, barrel, or container of any kind as a means
of determining the amounts or quantities of any commodities offered
for sale or sold; provided, however, that the provisions of this chapter
shall not be construed to apply to fruits and vegetables sold in the
original standard container, nor to vegetables which by common
custom are offered for sale or sold by the bunch; nor shall the
provisions of this chapter be construed to apply to fresh berries and to
other small fruits which are customarily offered for sale and sold by the
box, basket, or other receptacle, except, however, when such fresh
berries or such other small fruits are offered for sale or sold in bulk, in
which case the provisions of this chapter shall apply to the extent that
such fresh berries and such other small fruits shall be offered for sale
and sold by avoirdupois net weight only; provided, further, however,
that all fresh berries and such other small fruits when offered for sale
or sold shall be so offered or sold in boxes, baskets, or receptacles of
uniform size to hold one (1) quart or one (1) pint dry measure only,
which said boxes, baskets, or other receptacles shall be uniformly and
evenly filled throughout.
(b) The term "commodities" as used in this section shall be
construed to mean commodities or articles (other than liquids) which
are capable of being measured by dry capacity measure.
(c) The term "original standard container" as used in this section
shall be construed to mean and include only barrels, boxes, baskets,
hampers, or similar containers the dimensions or capacity of which is
established by Indiana or federal statute, the contents of which have not
been removed or repacked, and upon which is plainly and
conspicuously marked the net quantity of contents thereof in terms of
weight, measure, or numerical count.
Formerly: Acts 1925, c.86, s.12. As amended by P.L.152-1986,
SEC.89.