§2651. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/09/073/02651
Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

073

:
WEIGHTS AND MEASURES






Subchapter

002
:
WEIGHTS AND MEASURES STANDARDS










 

§

2651. Definitions

As used in this

chapter, the following words and phrases have the following meanings:

(1)

"Commodity in package form" means commodity put up or packaged in any

manner in advance of sale in units suitable for either wholesale or retail

sale, exclusive, however, of an auxiliary shipping container enclosing packages

that individually conform to the requirements of this chapter. An individual

item or lot of any commodity not in package form as defined in this section,

but on which there is marked a selling price based on an established price per

unit of weight or of measure, shall be commodity in package form.

(2)

"Commercial weighing and measuring device" shall be construed to

include any weight or measure or weighing or measuring device 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, and shall also include any accessory attached to or used in connection

with a commercial weighing or measuring device when that accessory is so

designed or installed that its operation affects, or may affect, the accuracy

of the device.

(3)

"Secretary" means the Secretary of the Agency of Agriculture, Food

and Markets, or his or her designee.

(4) "Dealer

in weighing or measuring devices" means any person or employee thereof who

sells, buys, exchanges or trades commercial weighing or measuring devices in

the State.

(5) Definitions

of special units of measure. The term "barrel," when used in

connection with fermented liquor, means a unit of 31 gallons. The term

"ton" means a unit of 2,000 pounds avoirdupois weight. The term

"cord" means the amount of wood that is contained in a space of 128

cubic feet and a run of wood is 42 2/3 cubic feet when the wood is ranked and

well stowed.

(6)

"Inspector" means a State inspector of weights and measures.

(7)

"Intrastate commerce" means commerce or trade that is begun, carried

on, and completed wholly within the limits of the State of Vermont, and the

phrase "introduced into intrastate commerce" shall be construed to

define the time and place at which the first sale and delivery being made

either directly to the purchaser or to a common carrier for shipment to the

purchaser.

(8)

"Licensed public weighmaster" means a natural person licensed under

this chapter.

(9) "Maple

syrup; legal weight and measure" means the legal weight of a gallon of

maple syrup shall not be less than 11.07 pounds and the legal measure thereof

shall be 231 cubic inches (128 fluid ounces) at 68 degrees F. Whenever maple

syrup is sold by the gallon, quart, pint, or gill, or multiple fraction

thereof, it must be sold according to that legal weight and measure.

(10)

"Person" means both the plural and singular, as the case demands and

includes individuals, partnerships, corporations, companies, societies, and

associations.

(11)

"Service person of weighing and measuring devices" means any person

or employee thereof who installs, services, repairs, or reconditions commercial

weighing or measuring devices in the state.

(12)

"Sell" and "sale" means barter and exchange.

(13) "Standard

bushel for apples" means a container having a capacity of not less than

one U.S. standard bushel or 2150.42 cubic inches.

(14)

"Weights and measures" means all weights and measures of every kind,

instruments and devices for weighing and measuring, and any appliances and

accessories associated with any or all such instruments and devices but not

including meters for the measurement of electricity, gas (natural or

manufactured), or water when they are operated in a public utility system. Such

electricity, gas, and water meters are specifically excluded from the purview

of this chapter, and this chapter shall not apply to such meters or to any

appliances or accessories associated therewith.

(15)

"Vehicle" means any device in, upon, or by which any property,

produce, commodity, or article is or may be transported or drawn. (Added 1967,

No. 102, § 2, eff. April 14, 1967; amended 1971, No. 69, § 2, eff. April 15,

1971; 1981, No. 115 (Adj. Sess.); 1991, No. 227 (Adj. Sess.),§§ 2, 7; 2003, No.

42, § 2, eff. May 27, 2003.)
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