Section 290.602 - Definitions.
WEIGHTS AND MEASURES ACT (EXCERPT)
Act 283 of 1964
290.602 Definitions.
Sec. 2.
As used in this act:
(a) “Automatic checkout system” means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code and may, but is not required to, include an optical scanner.
(b) “Barrel”, when used in connection with fermented liquor, means a unit of 31 gallons.
(c) “Certificate of conformance” means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type.
(d) “Commodity in package form” means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale including an individual item or lot of any commodity not in a form as described in this subdivision but upon which there is marked a selling price based on an established price per unit of weight or of measure. Commodity in package form does not include an auxiliary shipping container enclosing packages that conform to the requirements of this act.
(e) “Consumer package” means a commodity in package form that is customarily produced or distributed for consumption by individuals or for use by individuals for the purposes of personal care or in performance of services ordinarily rendered in or about the household or in connection with personal possessions and that usually is consumed or expended in the course of that consumption or use.
(f) “Cord”, when used in connection with wood intended for fuel purposes or for pulpwood, means the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed.
(g) “Department” means the Michigan department of agriculture.
(h) “Director” means the director of the Michigan department of agriculture or his or her designee.
(i) “Inspector” means an employee or agent of the department authorized to enforce this act.
(j) “NCWM” means the national conference on weights and measures.
(k) “NIST” means the United States department of commerce, national institute of standards and technology.
(l) “NTEP” means the national type evaluation program administered by the NCWM, in cooperation with the states, the private sector, and the NIST for determining on a uniform basis conformance of a type.
(m) “Nonconsumer package” means any commodity in package form other than a consumer package and includes, but is not limited to, a package designed solely for industrial or institutional use or for only wholesale distribution.
(n) “Participating laboratory” means a state measurement laboratory that has been accredited by NCWM to conduct a type evaluation under the NTEP and determined otherwise acceptable to the director.
(o) “Placed-in-service report” means the approved form issued to registered service persons and registered service agencies for their use in accordance with the requirements of section 9b.
(p) “Registered service agency” means any agency, firm, company, or corporation that installs, services, repairs, or reconditions commercial weights and measures and that holds a registration issued by the director.
(q) “Registered service person” means an individual who installs, services, repairs, or reconditions commercial weights and measures and who holds a registration issued by the director.
(r) “Rule” means an administrative rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(s) “Sell” or “sale” means sale, barter, or exchange.
(t) “Ton” means a unit of 2,000 pounds avoirdupois weight.
(u) “Type” means a model of a particular measurement system, instrument, element, or a field standard that positively identifies the design and that may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance.
(v) “Type evaluation” means the testing, examination, and evaluation of a type by a participating laboratory.
(w) “Weight”, in connection with any commodity, means net weight.
(x) “Weights and measures” means weights and measures of every kind, instruments and devices for weighing and measuring, grain moisture meters, and any appliances and accessories associated with any or all of those instruments and devices. Weights and measures include automatic checkout systems. Weights and measures do not include meters for the measurement of electricity, natural or manufactured gas, water, or the usage of communications services when any of these meters are regulated and tested as part of a public utilities system.
History: 1964, Act 283, Eff. Aug. 28, 1964 ;-- Am. 1968, Act 264, Eff. Nov. 15, 1968 ;-- Am. 1982, Act 260, Imd. Eff. Oct. 4, 1982 ;-- Am. 2002, Act 208, Imd. Eff. Apr. 29, 2002