413.005. Definitions.
Definitions.
413.005. As used in sections 413.005 to 413.229, unless the contextclearly indicates otherwise, the following words and terms mean:
(1) "Accurate", any piece of equipment that conforms to the standardwithin applicable tolerance and other performance requirements;
(2) "Commercial weighing and measuring equipment", devicescommercially used in or employed to establish the size, quantity, extent,area or measurement of quantities, things produced or articles fordistribution or consumption, purchased, offered or submitted for sale, hireor award, or in computing any basic charge or payment for services renderedon the basis of weight or measure, and includes any accessory attached toor used in connection with a commercial weighing or measuring device whensuch accessory is so designed or installed that its operation affects theaccuracy of the weighing or measuring device;
(3) "Correct", equipment that is accurate and it meets all applicablespecifications and requirements;
(4) "Director", the director of the department of agriculture, or hisor her designated representative;
(5) "Division", the division of weights and measures of thedepartment of agriculture;
(6) "Net mass" or "net weight", the weight of a commodity excludingany materials, substances, or items not considered to be part of thecommodity, 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 packageenclosed in a container or wrapped in any manner in advance of wholesale orretail sales, or whose weight or measure has been determined in advance ofwholesale or retail sale, and an individual item or lot of any commodity onwhich there is marked a selling price based on an established price perunit 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 aweighing or measuring element, indicating element, and a recording elementthat may be equipped with a "scanner" used to complete a direct salestransaction;
(10) "Primary standards", the physical standards of the state thatserve as the legal reference from which all other standards for weights andmeasures 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 nofixed pattern of weights;
(12) "Sale from bulk", the sale of commodities when the quantity isdetermined at the time of sale;
(13) "Secondary standards", the physical standards used in theenforcement of weights and measures laws and regulations which aretraceable to the primary standards through comparisons, using acceptablelaboratory procedures;
(14) "Standard package", a package that is one of a lot, shipment ordelivery of packages of the same commodity with identical net contentsdeclarations;
(15) "Weight", as used in connection with any commodity or servicemeans net weight. Where the label declares that the product is sold bydrained 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 objectused 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)