§ 81A-9. Definitions. - North Carolina Statutes

§81A‑9.  Definitions.

The following words andphrases as used in this Chapter, unless a different meaning is plainly requiredby the context, shall have the following meanings:

(1)        Adjustment. –"Adjustment" is an act involving the tightening or loosening, orlengthening or shortening, or movement, of any part of a weighing or measuringdevice, or the coordination of mechanical action of parts or electroniccomponents with or upon each other, so as to make the weighing or measuringdevice give correct indications of applied weight or measure values withinlegal tolerance, and the correctness of indications shall be determined by testprovided for under definition of the term "service" as defined inthis Chapter.

(2)        Authorized Agent. –An "authorized agent" is any employee of the North CarolinaDepartment of Agriculture and Consumer Services designated by the Commissionerto enforce any provisions of this Chapter and who is designated by an officialidentification card issued by the Commissioner.

(3)        Barrel. – The term"barrel," when used in connection with beer, ale, porter, and othersimilar fermented liquor is a unit of 31 liquid gallons; fractional parts of abarrel shall be understood to mean like fractional parts of 31 gallons.

(4)        Bulk Sale. – Theterm "bulk sale" is the sale of commodities when the quantity isdetermined at the time of sale.

(5)        Bushel. – The term"bushel" when used in connection with dry measure and standardcontainers is a unit of 2150.42 cubic inches, of which the dry quart and dry pint,respectively, are the one‑thirty‑second and one‑sixty‑fourthparts.

(6)        Commissioner ofAgriculture. – "Commissioner" is the Commissioner of Agriculture ofthe State of North Carolina.

(7)        Condemned Equipment.– "Condemned equipment" is equipment that is permanently out ofservice.

(8)        Cord. –"Cord" when used in connection with purchases of wood is a quantityof wood consisting of any number of sticks, bolts or pieces laid parallel andtogether so as to form a rick or stack occupying a space four feet wide, fourfeet high and eight feet long, or such other dimensions that will whenmultiplied together equal 128 cubic feet by volume, construed as being seventypercent (70%) solid and thirty percent (30%) air space or 90 solid cubic feet.

(9)        Correct. –"Correct" is conformance to all applicable requirements of thisChapter.

(10)      Flour. –"Flour" is any finely ground product of wheat, or other grain, corn,peas, beans, seed or other substance, with or without added ingredients,intended for use as food for man.

(11)      Gallon. –"Gallon" when used in connection with liquid measure is a unit of 231cubic inches, of which the liquid quart, liquid pint and gill are,respectively, the quarter, the one‑eighth and the one‑thirty‑secondparts.

(12)      Installation. – "Installation"is an act involving the erection, or building, or assembling of parts, or theplacing or setting up of a weighing or measuring device so as to give correctindications of applied weight or measure values within legal tolerance whenused for the purpose intended, and the correctness of indications shall bedetermined by test provided for under definition of the term"service" as defined in this Chapter.

(13)      Maintenance. –"Maintenance" is an act pursuant to the retention of a weighing ormeasuring device in such working condition as to give correct applied weight ormeasure value indications within legal tolerance when used as intended, whichmay involve either or both adjustment or repair before or after inaccuracydevelops in fact, and the correctness of indications shall be determined bytest provided for under the term "service" as defined in thisChapter.

(14)      Meal. –"Meal" is any product of grain, corn, peas, beans, seed or othersubstance coarsely ground, with or without added ingredients, either bolted, orunbolted, including grits and hominy, intended for use as food for man.

(15)      Package. –"Package" is any commodity put up or packaged in any manner inadvance of sale in units suitable for either wholesale or retail sale.

(16)      Person. –"Person" is both plural and singular, as the case demands, andincludes individuals, partnerships, corporations, companies, firms, societies,and associations.

(17)      Pound. –"Pound," used in connection with weight is the avoirdupois pound asdeclared by act of the United States Congress, except in those cases where itis common practice to use the "troy" pound or"apothecaries" pound, and the "ounce" is one‑sixteenthpart of an avoirdupois pound.

(18)      Primary Standards. –"Primary standards" are the physical standards of the State whichserve as the legal reference from which all other standards, weights andmeasures are derived.

(19)      Rejected Equipment. –"Rejected equipment" is equipment that is incorrect, which isconsidered susceptible of proper repair.

(20)      Repair. –"Repair" is an act involving the replacement or mending of a brokenor nonadjustable part or parts and the restoration of a weighing or measuringdevice to such working condition as to give correct indications of appliedweight or measure values within legal tolerance when used for the purposeintended, and the correctness of indications shall be determined by testprovided for under the term "service" as defined in this Chapter.

(21)      Sale or Sell. –"Sale" or "sell" is the ordinary meaning of said words andincludes barter and exchange.

(22)      Scale Technician. – A"scale technician" is any person who, for hire or award, rendersservice involving adjustment, installation, repair, or maintenance of a scaleor weighing device, either used or intended to be used in determining weightvalue, or values, by either physical act, instruction, or supervision.

(23)      Secondary Standards.– "Secondary standards" are the physical standards which aretraceable to the primary standards through comparisons, using acceptablelaboratory procedures, and used in the enforcement of weights and measures lawsand regulations.

(24)      Service. –"Service" is activity involving adjustment, installation, repair, ormaintenance or a combination of two or more of these activities with respect toa weighing or measuring device.

(25)      Ton. –"Ton" is a unit of 2,000 pounds, avoirdupois weight.

(26)      Weight. –"Weight" when used in connection with any commodity is net weight;provided, however, where the label declares that the product is sold by drainedweight, weight means net drained weight.

(27)      Weight(s) and (or)Measure(s). – "Weight(s) and (or) measure(s)" are all weights andmeasures of every kind, instruments, and devices for weighing and measuring,and any appliance and accessories associated with any or all such instrumentsand devices. (1927, c. 261, ss. 20, 21; 1941, c. 237, s. 2; 1945,c. 280, s. 1; 1947, c. 380; 1975, c. 544; 1991, c. 636, s. 23; 1997‑261,s. 7.)