75-27-39 - Methods of sale of commodities; general.
§ 75-27-39. Methods of sale of commodities; general.
Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this article, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count. Provided, that liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold. Pulpwood shall be sold either by volume or weight, and measured by the cord or the ton as defined in Section 75-27-7. Purchasers of pulpwood, in determining payment to seller, may convert from weight to volume or volume to weight. Such purchasers shall make the conversion by using the following weights per cord: five thousand two hundred (5,200) pounds for pine, five thousand four hundred (5,400) pounds for soft hardwood, five thousand six hundred (5,600) pounds for mixed hardwood, and five thousand eight hundred (5,800) pounds for hard hardwood.
The provisions of this section shall not apply (1) to insect damaged, dead or otherwise damaged pulpwood, (2) to commodities when sold for immediate consumption on the premises where sold, (3) to vegetables when sold by the head or bunch, (4) to commodities in containers standardized by a law of this state or by federal law, (5) to commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (6) to concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, (7) to unprocessed vegetable and animal fertilizer when sold by cubic measure, or (8) to timber when sold in bulk on the stump. The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.
Sources: Codes, 1942, § 5132-19; Laws, 1964, ch. 221, § 19; Laws, 1974, ch. 392, § 1; Laws, 1978, ch. 485, § 1; Laws, 1983, ch. 312, eff from and after passage (approved February 24, 1983).