§ 40-10-117 — Definitions

Wyoming § 40-10-117

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 10: WEIGHTS AND MEASURES

Text

(a) Repealed By Laws 2009, Ch. 191, § 2.
(b) As used in this chapter:
(i) "Accreditation" means a formal recognition by the
national institute of standards and technology, as a laboratory
that is competent to carry out specific tests or calibrations or
types of tests or calibrations;
(ii) "Calibration" means a set of operations which
establishes, under specified conditions, the relationship
between values indicated by a measuring instrument or measuring
system or values represented by a material measure, to the
corresponding known values of a measurement;
(iii) "Commerce" means the buying and selling of
goods;
(iv) "Commercial weighing and measuring equipment"
means weighing and measuring devices commercially used or
employed to establish the size, quantity, extent, area or
measurements of goods purchased, offered or submitted for sale,
hire or award, or in computing a basic charge or payment for
services;
(v) "Condemned for repairs" means a weight or measure
found to be incorrect and which, following policies set forth by
the director, can be repaired. Weights or measures which are
condemned for repair shall be marked as such and be sealed so
that the weight or measure cannot be used and is made inoperable
until all appropriate repairs are completed;
(vi) "Confiscation and seizure" means that an
incorrect weight or measure is taken into custody by the
department following procedures and policies set forth by the
director. Weights or measures which are confiscated shall be
marked as such and if possible shall be removed from the
premises to the direct custody of the department;
(vii) "Correct" as used in connection with weights
and measures means conformance to all applicable requirements of
this act;
(viii) "Department" means the department of
agriculture;
(ix) "Director" means the director of the department
of agriculture or his duly authorized representative;
(x) "Field standard" means a physical standard that
meets specifications and tolerances in the National Institute of
Standards and Technology Handbook 105-series standards, is
traceable to the reference or working standards through
comparisons or using acceptable laboratory procedures as adopted
by the National Conference on Weights and Measures and published
in the United States Department of Commerce National Institute
of Standards and Technology Handbook 143, "State Weights and
Measures Laboratories Program Handbook," and is used in
conjunction with commercial weighing and measuring equipment.
All field standards may be defined by rule and regulation and
shall be verified upon their initial receipt and as often
thereafter as deemed necessary by the director;
(xi) "International system of units" means the
modernized metric system as established in 1960 by the general
conference on weights and measures as interpreted or modified
for the United States by the secretary of commerce;
(xii) "Mass" means the same as "weight";
(xiii) "Net weight" means the weight of a 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 packaging materials may
be considered to be part of services such as shipping;
(xiv) "Package" means any commodity put up or
packaged in any manner in advance of sale in units suitable for
either wholesale or retail sale;
(xv) "Physical standard" means weights and measures
that are traceable to the United States prototype standards
supplied by the federal government, including, but not limited
to, standards adopted by the United States department of the
interior, bureau of land management applicable to onshore oil
and gas leases, the United States federal energy regulatory
commission, the United States department of transportation, the
state of Wyoming public service commission, or approved as being
satisfactory by the National Institute of Standards and
Technology. Physical standards shall be the state reference and
working standards for weights and measures and shall be
maintained in such calibration as prescribed by the National
Institute of Standards and Technology as demonstrated through
laboratory accreditation or recognition;
(xvi) "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;
(xvii) "Random weight package" means a package that
is one of a lot, shipment or delivery of packages of the same
commodity with no fixed pattern of weights;
(xviii) "Recognition" means a formal recognition by
the National Institute of Standards and Technology weights and
measures division that a laboratory has demonstrated the ability
to provide traceable measurement results and is competent to
carry out specific tests or calibrations or specific types of
tests or calibrations;
(xix) "Reference standard" means:
(A) A standard, generally of the highest
metrological quality available at a given location, from which
measurements made at that location are derived; or
(B) The physical standards of the state that
serve as the legal reference from which all other standards for
weights and measures within that state are derived.
(xx) "Registered service person" means an individual
who for hire, award, commission or any other payment of any
kind, installs, services, repairs or reconditions a commercial
weighing or measuring device, and who is registered with the
director;
(xxi) "Reject" means a weight or measure found to be
incorrect, and following policies set forth by the director may
be used until repaired. A weight or measure which is rejected
shall be marked as such, and may be used for the period of time
specified pursuant to rule and regulation;
(xxii) "Sale from bulk" means a sale of commodities
in which the quantity is determined at the time of sale;
(xxiii) "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;
(xxiv) "Standard package" means a package that is one
of a lot, shipment or delivery of packages of the same commodity
with identical net contents declarations, such as, one (1) liter
bottles or twelve (12) fluid ounce cans of carbonated soda, five
hundred (500) gram or five (5) pound bags of sugar, one hundred
(100) meter or three hundred (300) foot packages of rope;
(xxv) "Traceability" means the result of a
measurement or the value of a standard which can be verified as
correct when compared with a national or international standard;
(xxvi) "Uncertainty" means a parameter associated
with the result of a measurement that characterizes the
dispersion of the values that could reasonably be attributed to
the measurement;
(xxvii) "Verification" means the formal evaluation of
a standard or device against the specifications and tolerances
for determining conformance;
(xxviii) "Weight" as used in connection with any
commodity or service means net weight. When a commodity is sold
by drained weight, the term means net drained weight. When used
in this chapter, "weight" and "mass" have the same meaning;
(xxix) "Weight and measure" means weights and
measures of every kind, instruments and devices for weighing and
measuring, and any appliance or accessory associated with such
instruments or devices;
(xxx) "Working standard" means:
(A) A standard that is usually calibrated
against a reference standard and is used routinely to calibrate
or check material measures, measuring instruments or reference
materials; or
(B) The physical standards that are traceable to
the reference standards through comparisons, using acceptable
laboratory procedures and used in the enforcement of weights and
measures laws and regulations.
(xxxi) "This act" or "this chapter" means W.S.
40-10-117 through 40-10-136.