KRS § 363.510 — KY Code / Title XXIX / Chapter 363 / Section 363.510
363.510 Definitions for KRS 363.510 to 363.850
Status: in_force

363.510 Definitions for KRS 363.510 to 363.850.

When used in KRS 363.510 to 363.850:

(1) "Department" means the Kentucky Department of Agriculture;

(2) "Commissioner" means the Commissioner of Agriculture;

(3) "Division" means the Division of Regulation and Inspection;

(4) (a) "Weights and measures" means all weights and measures of every kind,

instruments and devices for weighing and measuring, and any appliances and

accessories associated with any of the instruments and devices.

(b) The term shall include instruments and devices used to measure internal

moisture or density levels in unprocessed bulk tobacco if that moisture or

density determination is used as a condition of sale or as part of a contractual

sales agreement.

(c) The term shall not include meters for the measurement of electricity, gas

(natural or manufactured), or water when they are operated in a public utility

system. Electricity, gas, and water meters are specifically excluded from the

purview of KRS 363.510 to 363.850, and none of the provisions of KRS

363.510 to 363.850 shall apply to those meters or to any appliances or

accessories associated with those meters;

(5) "Sell" and "sale" mean barter and exchange;

(6) "Director" means the state director of the Division of Regulation and Inspection;

(7) "Inspector" means a state inspector of weights and measures;

(8) "Intrastate commerce" means all commerce or trade that is begun, carried on, and

completed wholly within the limits of the State of Kentucky, and the phrase

"introduced into intrastate commerce" defines the time and place at which the first

sale and delivery of a commodity is made within the state, the delivery being made

either directly to the purchaser or to a common carrier for shipment to the

purchaser;

(9) "Commodity in package form" means a commodity put up or packaged in any

manner in advance of sale in units suitable for either wholesale or retail sale,

exclusive of any auxiliary shipping container enclosing packages that individually

conform to the requirements of KRS 363.510 to 363.850. 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 considered a commodity in package form;

(10) "Consumer package" or "package of consumer commodity" means a commodity in

package form that is customarily produced or distributed for sale through retail sales

agencies or instrumentalities for consumption by individuals or use by individuals

for the purposes of personal care or in the performance of services ordinarily

rendered in or about the household or in connection with personal possessions;

(11) "Nonconsumer package" or "package of nonconsumer commodity" means any

commodity in package form other than a consumer package, and particularly a

package designed solely for industrial or institutional use or for wholesale

distribution only;

(12) (a) "Barrel," when used in connection with fermented liquor, means a unit of

thirty-one (31) gallons.

(b) "Ton" means a unit of two thousand (2,000) pounds avoirdupois weight.

(c) "Cord," when used in connection with wood intended for fuel purposes,

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; and

(13) "Weight," as used in connection with any commodity, means net weight. If any

commodity is sold on the basis of weight, the net weight of the commodity shall be

used, and all contracts concerning commodities shall use net weight as their basis of

weight.