§4602. Definitions
As used in this Chapter, the following terms shall have the following meanings:
(1) "Annual inspection" means the first inspection completed by the department on
a commercial weighing and measuring device in a calendar year.
(2) "Basket" means a one and one-half bushel circular container that may be used for
the measurement of oysters to be sold or purchased.
(3) "Bulk transfer" means any transfer of motor fuel from one location to another by
pipeline tender or marine delivery within a bulk transfer/terminal system, including but not
limited to the following:
(a) A marine vessel movement of motor fuel from a refinery or terminal to a
terminal.
(b) Pipeline movements of motor fuel from a refinery or terminal to a terminal.
(c) Book transfer of motor fuel within a terminal between licensed suppliers prior
to completion of removal across the rack.
(d) Two-party exchange between licensed suppliers or between licensed suppliers
and permissive suppliers.
(4) "Certificate of conformance" means a document issued by the National Institute
of Standards and Technology, or any successor, based on testing in participating laboratories.
The document constitutes evidence of conformance of a type with the requirements of
National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, or 105-3, or
conformance with the requirements of any handbook that may supersede the named
handbooks.
(5) "Commercial weighing and measuring device" means any weight, measure, or
weighing or measuring device commercially used or employed in establishing the size,
quantity, extent, area, time, distance, or measurement of quantities, things, produce, 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. Except as otherwise provided, the term shall include scales, weighing
devices, and metering and measuring devices commercially used for determining the weight
or amount of petroleum products, as well as electricity disbursed by electric vehicle supply
equipment. It shall also include 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 device.
(6) "Commission" means the Commission of Weights and Measures.
(7) "Commissioner" means the commissioner of the Louisiana Department of
Agriculture and Forestry, or his duly authorized representatives acting at his discretion.
(8) "Commodity" means any service or item, or any combination of items, forming
a distinctive product, sold in commerce which is affected by any determination of weight,
measure, or count.
(9) "Correct" as used in connection with weights and measures means conformance
to all applicable requirements of this Chapter.
(10) "Department" means the Louisiana Department of Agriculture and Forestry.
(11) "Director" means the director of weights and measures appointed by the
commissioner.
(12) "Net weight" means the weight of the commodity excluding any materials,
substances, or items not considered to be part of the commodity. Materials, substances, or
items not considered to be part of the commodity include but are not limited to containers,
conveyances, bags, wrappers, packaging materials, labels, individual piece coverings,
decorative accompaniments, and coupons, except that, depending on the type of service
rendered, packaging materials may be considered to be part of the service. For example, the
service of shipping includes the weight of packaging materials.
(13) "Package" means any commodity packed or packaged in any manner in advance
of sale in units suitable for either wholesale or retail sale.
(14) "Person" means both plural and singular, as the case demands, and includes
individuals, partnerships, corporations, companies, societies, and associations
(15)(a) "Petroleum product", except as provided in Subparagraph (b) of this
Paragraph, means any refined hydrocarbon mixture including motor oil, kerosene, gasoline,
gasohol, diesel fuel, aviation fuel, heating kerosene, and any blend of two or more refined
hydrocarbon mixtures except liquefied petroleum gas and natural gas.
(b) For purposes of enforcement of the provisions of R.S. 47:818.111 et seq.
regarding taxes on special fuels, "petroleum product" shall include compressed natural gas,
liquefied natural gas, and liquefied petroleum gas as those terms are defined in R.S. 47:818.2.
(16) "Position holder" means the person who holds the inventory position in motor
fuel in a terminal as reflected on the records of the terminal operator. A person holds the
inventory position in motor fuel when that person has a contract with the terminal operator
for the use of storage facilities and terminaling services for motor fuel at the terminal. The
term includes a terminal operator who owns motor fuel in the terminal.
(17) "Primary 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.
(18) "Rack" means a mechanism for delivering motor fuel from a refinery, terminal,
marine vessel, or bulk plant into a transport vehicle, railroad tank car, or other means of
transfer that is outside the bulk transfer/terminal system.
(19) "Random weight package" means a package that is one of a lot, shipment, or
delivery of packages or the same commodity with no fixed pattern of weights.
(20) "Sale from bulk" means the sale of commodities when the quantity is
determined at the time of sale.
(21) "Seagoing vessel" means a commercial ship, vessel, or barge of greater than
fifty gross tons or ships, vessels, or barges in possession of an exemption certificate issued
under the provisions of R.S. 47:305.1.
(22) "Secondary standards" means the physical standards that are traceable to the
primary standards through comparisons, using acceptable laboratory procedures, and used
in the enforcement of weights and measures laws and regulations.
(23) "Sell or sale" includes barter and exchange.
(24) "Service person" means any individual who for hire, award, commission, or any
other payment of any kind installs, services, repairs, or reconditions any commercial
weighing or measuring devices and is registered under this Part.
(25) "Service provider" means any person who, for hire, award, commission, or any
other payment of any kind installs, services, repairs, or reconditions any commercial
weighing or measuring device and is registered under this Part.
(26) "Standard package" means a package that is one of a lot, shipment, or delivery,
or packages of the same commodity with identical net contents declarations.
(27) "Subsequent inspection" means any additional inspection completed by the
department on a commercial weighing and measuring device following the annual inspection
within the same calendar year.
(28) "Vehicle tank" means any vehicle tank, tank truck, tank wagon, or any other
container in which gasoline, motor fuel, or any other petroleum products are transported in
this state.
(29) "Weighmaster" means any person who weighs, measures, or counts any
commodity and issues a certificate of weight, measure, or count, except retailers who weigh,
measure, or count commodities for sale at retail directly to consumers, or a person engaged
in the business of public weighing or measuring for hire.
(30) "Weight" as used in connection with any commodity means net weight; except
where the label declares that the product is sold by drained weight, the term means net
drained weight.
(31) "Weights, measures, and weighing and measuring devices" includes all weights,
scales, beams, measures of every kind, instruments and mechanical devices for weighing or
measuring, scanners or scanning devices that determine product identity and price at the
point of sale, electric vehicle supply equipment, and any appliances and accessories
connected with any such instruments. However, it does not include or refer to devices used
to meter or measure, other than by weight, water, natural or manufactured gas, or electricity,
except for electricity used in connection with electric vehicle supply equipment.