Missouri Revised Statutes
Chapter 413
Weights and Measures
←413.229
Section 413.005.1
413.015→
August 28, 2015
Definitions.
413.005. As used in sections 413.005 to 413.229, unless the context
clearly indicates otherwise, the following words and terms mean:
(1) "Accurate", any piece of equipment that conforms to the standard
within applicable tolerance and other performance requirements;
(2) "Commercial weighing and measuring equipment", devices commercially
used in or employed to establish the size, quantity, extent, area or
measurement of quantities, things produced 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, and includes 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
weighing or measuring device;
(3) "Correct", equipment that is accurate and it meets all applicable
specifications and requirements;
(4) "Director", the director of the department of agriculture, or his or
her designated representative;
(5) "Division", the division of weights and measures of the department
of agriculture;
(6) "Net mass" or "net weight", the weight of a commodity excluding any
materials, substances, or items not considered to be part of the commodity,
which include but are not limited to containers, conveyances, bags, wrappers,
packaging material, labels, individual piece coverings, decorative
accompaniments and coupons and packaging materials;
(7) "Package", any commodity of standard package or random package
enclosed in a container or wrapped in any manner in advance of wholesale or
retail sales, or whose weight or measure has been determined in advance of
wholesale or retail sale, and 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 (or packages);
(8) "Person", includes individuals, partnerships, corporations,
companies, societies, and associations;
(9) "Point-of-sale system", an assembly of elements including a weighing
or measuring element, indicating element, and a recording element that may be
equipped with a "scanner" used to complete a direct sales transaction;
(10) "Primary standards", the physical standards of the state that serve
as the legal reference from which all other standards for weights and
measures are derived;
(11) "Random weight packages", a package that is one of a lot, shipment
or delivery of packages of the same consumer commodity with no fixed pattern
of weights;
(12) "Sale from bulk", the sale of commodities when the quantity is
determined at the time of sale;
(13) "Secondary standards", the physical standards used in the
enforcement of weights and measures laws and regulations which are traceable
to the primary standards through comparisons, using acceptable laboratory
procedures;
(14) "Standard package", a package that is one of a lot, shipment or
delivery of packages of the same commodity with identical net contents
declarations;
(15) "Weight", as used in connection with any commodity or service means
net weight. Where the label declares that the product is sold by drained
weight, the term means net drained weight;
(16) "Weights and measures", instruments and devices of every kind, used
for weighing and measuring, and any appliance, accessory or object used with
or associated with the use of all such instruments and devices.
(L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
1994
1994
413.005. As used in sections 413.005 to 413.229, unless the
context clearly indicates otherwise, the following words and
terms mean:
(1) "Commercial device", any weighing or measuring device
used in commerce to establish the size, quantity, extent, area or
measurement of quantities, things produced 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, and
includes any accessory attached to or used in connection with a
commercial device when such accessory is so designed or installed
that its operation affects or may affect the accuracy of the
weighing or measuring device;
(2) "Correct", that, in addition to being accurate, a
device meets all applicable specifications, performance and
installation requirements;
(3) "Director", the director of the department of
agriculture, or his or her designated representative;
(4) "Division", the division of weights and measures of the
department of agriculture;
(5) "Net weight", the weight of a commodity excluding any
materials, substances, or items not considered to be part of the
commodity, which include but are not limited to containers,
conveyances, bags, wrappers, packaging material, labels,
individual piece coverings, decorative accompaniments and
coupons;
(6) "Package", any commodity enclosed in a container or
wrapped in any manner in advance of wholesale or retail sales, or
whose weight or measure has been determined in advance of
wholesale or retail sale, and 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;
(7) "Person", individuals, partnerships, corporations,
companies, societies, and associations;
(8) "Point-of-sale system", a point-of-sale system includes
cash registers or devices and systems capable of recovering
stored information related to the price of individual retail
items;
(9) "Primary standards", the physical standards of the
state which serve as the legal reference from which all other
standards of weights and measures are derived;
(10) "Random package", a package that is one of a lot,
shipment or delivery of packages of the same consumer commodity
with no fixed pattern of weight or measure;
(11) "Sale from bulk", the sale of commodities when the
quantity is determined at the time of sale;
(12) "Secondary standards", the physical standards used in
the enforcement of weights and measures laws and regulations
which are traceable to the primary standards through comparisons,
using acceptable laboratory procedures;
(13) "Standard package", a package that is one of a lot,
shipment or delivery of packages of the same commodity with
identical net contents declarations;
(14) "Weight", as used in connection with any commodity,
means net weight. Where the label declares that the product is
sold by drained weight, the term means net drained weight;
(15) "Weights and measures", instruments and devices of
every kind, used for weighing, measuring and counting, and any
appliance, accessory or object used with or associated with the
use of all such instruments and devices.
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