47-26-902 - Definitions. - Tennessee Statutes

47-26-902. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Accurate” means a piece of equipment when its performance or valuethat is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc., as determined by tests, made with suitable standardsconforms to the standard within the applicable tolerances and other performance requirements. Equipment that fails so to conform is “inaccurate”;

     (2)  “Commercial weighing and measuring equipment” means weights and measures and weighing and measuring devices 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;

     (3)  “Commissioner” or “state sealer” means the commissioner of agriculture or the commissioner's duly appointed representative;

     (4)  “Cord” means the amount of wood that is contained in a space of one hundred twenty eight (128) cubic feet when the wood is ranked and well stowed. For the purpose of this part, “ranked and well stowed” means that pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner;

     (5)  “Correct” as used in connection with weights and measures means conformance to all applicable requirements of this part;

     (6)  “Department” means the Tennessee department of agriculture;

     (7)  “Handbook 44” means National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, And Other Technical Requirements For Weighing And Measuring Devices”;

     (8)  “International System of Units (SI)” means the modernized metric system as established in 1960 by the general Conference on Weights and Measures and interpreted or modified for the United States by the secretary of commerce;

     (9)  “Net weight” means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except that, depending on the type of service rendered, packaging materials may be considered to be part of the service. For example, the service of shipping includes the weight of packing materials;

     (10)  “NIST” means the National Institute of Standards and Technology which is an agency of the United States department of commerce;

     (11)  “Package,” whether standard package or random package, means any commodity:

          (A)  Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or

          (B)  Whose weight or measure has been determined in advance of wholesale or retail sale.

An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure, shall be considered a package (or packages);

     (12)  “Person” means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations;

     (13)  “Primary standards” means the physical standards of the state that serve as the legal reference from which all other standards and weights are derived;

     (14)  “Random weight package” means a package that is one of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights;

     (15)  “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale;

     (16)  “Secondary standards” means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations;

     (17)  “Standard weight package” means a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations; for example, 1-liter bottles or 12 fl. oz. cans of carbonated soda; 500 g. or 5 lb. bags of sugar; 100 m. or 300 ft. packages of rope;

     (18)  “State” means state of Tennessee;

     (19)  “Ton” means a unit of two thousand pounds (2,000 lbs.) avoirdupois weight;

     (20)  “Weight” as used in connection with any commodity or service means net weight. When a commodity is sold by drained weight, “weight” means net drained weight; and

     (21)  “Weight(s) and (or) measure(s)” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices.

[Acts 1997, ch. 311, § 1.]