§ 192-F — Bulk sales or transportation; coal and coke

§ 192-f. Bulk sales or transportation; coal and coke. 1. This section\nshall apply to the bulk sale or transportation of coal, coke, feed for\ndomestic animals, fertilizer, lime and household goods, and any other\ncommodity or article sold or transported by weight as the commissioner\nmay prescribe in regulations. Bulk sale means the sale of any\nunpackaged commodity when the weight thereof forms a basis for the\namount of the sale. Bulk transportation means the transportation of any\narticle when the weight thereof forms a basis for the amount charged by\nthe transporter. This section shall not apply to the sale or\ntransportation of entire rail carload or shipload lots. The commissioner\nmay by regulation exempt from this section bulk sales or transportation\nin small lots, defined by quantity, selling price or any other\nappropriate standard prescribed by the commissioner.\n 2. Coal and coke sold in bulk shall be sold by weight.\n 3. The seller or transporter of any commodity or article covered by\nthis section shall provide the buyer or person for whom transportation\nis made, at the time of delivery, with a weight ticket issued by a\nlicensed weighmaster. Such weight ticket shall bear the name and\naddress of the seller in the case of a sale and of the transporter in\nthe case of transportation, the date when weighed, and the full\nsignature and license number of the weighmaster. The ticket shall also\nbear the gross weight of the loaded vehicle, the tare weight of the\nempty vehicle and the net weight of the commodity or article delivered.\nIf the weight of the product is determined prior to or in the process of\nloading, the ticket shall bear the net weight of the product and need\nnot bear the gross and tare weights.\n 4. The operator of any vehicle employed in the delivery of a commodity\nor article covered by this section shall have in his possession the\nweight ticket required herein. Any weights and measures official who\nfinds such commodity or article ready for or in process of delivery by\nvehicle may direct the seller, transporter or vehicle operator to convey\nthe vehicle to an available stationary scale suitable for weighing the\nloaded vehicle. Such official shall thereupon determine the gross weight\nof the vehicle and commodity or article and shall direct the seller,\ntransporter or vehicle operator to return to such scale immediately\nafter delivery of the commodity or article, and upon such return such\nofficial shall determine the tare weight of the vehicle without load. No\nseller, transporter or vehicle operator shall fail to take the vehicle,\nupon the direction of such official, to the scale as aforesaid or refuse\nto permit the vehicle to be weighed as provided in this section.\n