4-18-301. Definitions.

4-18-301. Definitions. For purposes of this subchapter: (1) “Accurate” means a piece of equipment whose value or performance, including its indications, deliveries, records representations, capacity, or actual value, conforms to the standard within the applicable tolerances and other performance requirements. (2) “Board” means the State Plant Board. (3) “Commercial weighing and measuring equipment” means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, 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. (4) “Commodity” means an article of commerce. (5) “Correct” as used in connection with weights and measures means conformance to all applicable specification requirements of this subchapter. (6) “Director” means the Director of the State Plant Board. (7) “Investigator” means a state investigator of weights and measures. (8) “Net mass” or “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, 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 packing materials. (9)(A) “Package”, except as modified by Section 1 of the Application of the Uniform Packaging and Labeling Regulation, whether standard package or random package, means any commodity: (i) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (ii) Whose weight or measure has been determined in advance of wholesale or retail sale. (B) An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package. (10) “Person” means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. (11) “Primary standards” means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived. (12) “Random weight package” means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights. (13) “Registered service agent” means any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind installs, services, calibrates, repairs, or reconditions a commercial weighing or measuring device, and that registers with the Director of the Arkansas Bureau of Standards. (14) “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale. (15) “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 rules. (16) “Sell” or “sale” means to barter or exchange. (17) “Standard package” means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations; for example, one (l) 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) meters or three-hundred foot (300') packages of rope. (18) “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. (19)(A) “Weight(s) and measure(s)” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all instruments and devices. (B) The term “weight(s) and measure(s)” shall not be construed to include meters for the measurement of electricity, natural or manufactured gas, or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from this section.