§ 3.1-919. (Repealed effective October 1, 2008) Definitions generally
The following definitions shall apply in the interpretation and the enforcement of this chapter:
"Department" means the Department of Agriculture and Consumer Services.
"Board" means the Board of Agriculture and Consumer Services.
"Commissioner" means the Commissioner of Agriculture and Consumer Services.
"Inspector" means a state inspector who is employed and authorized to test, certify, and seal weights and measures.
"Sealer" means an inspector of weights and measures of a city, of a county, or of a joint city-county jurisdiction.
"Person" means both the plural and singular, as the case demands, and includes, but is not limited to, individuals, partnerships, corporations, companies, firms, businesses, trustees, societies, and associations.
"Weight(s) and measure(s)" means all weights and measures of every kind, including, but not limited to, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices.
"Net weight" means the net weight of a commodity, that is, the weight of the commodity exclusive of any wrapper, and any other material or thing weighed or packed with such commodity, and excluding the vehicle or vessel containing the commodity. Net weight is the difference between the gross weight and the tare weight.
"Tare weight" means the weight of any wrapper, and any other vehicle, vessel, material or thing that is weighed with, but not an actual part of, a commodity sold by weight; thus, tare weight may include, in the case of a packaged commodity, a wrapper, container, packaging material, binding material, preservative, or the like, or in the case of bulk commodity, a vehicle, box, can, jar, or the like.
"Sell" or "sale" includes, but is not limited to, barter and exchange.
"Commodity in package form" means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form.
"Livestock auction market" means any place of business or establishment at which, during the regular course of business, cattle, sheep, swine, or other livestock are offered or exposed for sale, or sold, by weight, or by head, at auction, for compensation or profit.
"Point-of-sale system" means an electronic cash register capable of recovering stored information related to the sale price of individual retail items.
"Cord" means the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed.
"Dockage" means the weight of impurities deducted by agreement between the seller and the buyer.
"Fractional parts of units of weight or measure" means like fractional parts of the value of such unit as prescribed or defined in this chapter, and all contracts concerning the sale of commodities and services shall be construed in accordance with this definition.
"Gross weight" means the total weight of the commodity, including any wrapper, and any other material or thing weighed or packed with such commodity, and including the vehicle or vessel containing the commodity.
"Ton" means a unit of 2,000 pounds avoirdupois weight.
"Weighmaster" means the person responsible for weighing livestock that will be offered for sale, based on his weight determination.
"Weight" means the net weight when used in connection with this chapter. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
(Code 1950, §§ 3-708.1, 59-71; 1962, c. 298; 1966, c. 702; 1991, c. 605; 1993, c. 604.)Sections: 3.1-919 3.1-920 3.1-921 3.1-922 3.1-923 3.1-924 3.1-924.1 3.1-925 3.1-926 3.1-927 3.1-928 3.1-929 3.1-930 3.1-931 3.1-932 Next
Last modified: April 2, 2009