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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.)