901:6-7-01 Definitions.
(A)Definitions. Asusedinthisrule,thefollowing wordsandphrasesshallhavethe
following meanings:
(1)"Buyer"meansboththeactualandprospective purchaser, butdoesnotinclude
personspurchasing forresale.
(2)"Contract" meansallofthecollective writtenagreements subscribed byabuyer
atthetimeofsalerelatingtothepurchase ofahomefoodserviceplan,except
promissory notesorotherfinancing agreements.
(3)"Fooditem"meanseachedibleproductsoldaspartofahomefoodservice
plan,including butnotlimitedto,eachconstituent partorkindofmeatcut
fromaprimalsource,eachkindofwholepoultryorpoultrypart,seafood
products, andotherlikeproducts.
(4)"Homefoodserviceplan"meanstheofferingforsaletoaconsumer, inthe
consumer's home,anyfooditem,orfooditemincombination withany
non-food itemand/orservices, whetherornotamembership feeorsimilar
chargeisinvolved.
(5)"Non-food item"meanseachinedibleproductsoldaspartofahomefood
serviceplan,including butnotlimitedto,paperproducts, healthandbeauty
products, detergents, cleanersanddisinfectants, rollsofwrapping, andlike
products. Thetermdoesnotincludefooditemsanddurableconsumer goods
suchasappliances.
(6)"Primalsource"referstothefollowing cuts:
(a)Beef-theround,flank,loin,rib,plate,brisket,chuck,andshank;
(b)Veal,lamb,ormutton-theleg,flank,loin,rack(rib),andshoulder; and
(c)Pork-thebelly,loin,ham,spareribs, shoulder, andjowl.
(7)"Seller"meansanyperson,partnership, corporation, orassociation, however
organized, engagedinthesaleofahomefoodserviceplan.
(8)"Servicecharge"meansthetotalpriceforanyadditional features,services, and
processing associated withthepurchase ofahomefoodserviceplan,whether
statedintermsofmembership feesorotherwise.
(9)"Unitprice"meansthepriceofafoodornon-food itemsoldaspartofahome
foodserviceplan,computed tothenearesttenthofonecentwhenlessthan
onedollar,andtothenearestcentwhenonedollarormore.Theunitprice,
exclusive ofanyservicecharge(s), shallbeexpressed intermsofthepriceper
unitofweight,measure, orcountsetforthinthe"Uniform Pricing
[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.0 ras3 Jan 27, 2016 01:05, (dv: 0, p: 165437, pa: 295842, ra: 494452, d: 646063) ] print date: 04/26/2016 08:00 PMACTION: Original DATE: 04/26/2016 3:28 PMRegulation" inthecurrenteditionofNISTHandbook 130.901:6-7-01 2Effective:
Five Year Review (FYR) Dates:
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50901:6-7-01 3901:6-7-02 Food products.
(A) Berries and small fruits and fresh vegetables shall be offered and exposed for sale
and sold by weight or by volume; if sold by volume, they must be:
(1) In measure containers that are either open or else covered by uncolored
transparent lids or other wrappings that do not obscure the contents; and,
(2) Have capacities in terms of:
(a) Inch-pound capacities: one-half dry pint, one dry pint, or one dry quart .;or
(b) SI-metric capacities: two hundred fifty milliliters, five hundred milliliters,
or one liter.
(c)Whenusedinthisrule,theterm"weight" means"mass."
(3) When selling berries, and small fruits and fresh vegetables by volume in
measure containers, whether or not covered, the measure containers
themselves shall not be packages for labeling purposes.
(4) Method of sale of berries, small fruits, and fresh vegetables. This applies to the
sale of berries, fresh fruits, and vegetables. There are two tables, one for
specific commodities and one for general commodity groups. Search the
specific list first to see if the commodity is specified. If the commodity is not
listed find the general group in the second table. The commodity may be sold
by any method of sale marked with an “X”.
Specific Commodity Weight Count Head or
BunchDry measure
(any size)Dry measure
(1 dry qt or
larger)
Artichokes X X
Asparagus X X
Avocados X X
Bananas X X
Beans (green, yellow, etc) X X
Brussels sprouts (loose) X X X
Brussels sprouts (on stalk) X
[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.0 ras3 Jan 27, 2016 02:08, (dv: 0, p: 165437, pa: 295842, ra: 494453, d: 646048) ] print date: 04/26/2016 08:00 PMACTION: Original DATE: 04/26/2016 3:28 PMCherries X X X
Coconuts X X
Sweet corn / corn on the cob X X
Cranberries X X X
Dates X X
Eggplant X X
Figs X X
Grapes X X
Kohlrabi X X X X X
Melons (cut pieces) X
Mushrooms (small) X X X
Mushrooms (Portobello, large) X X
Okra X X X
Peas X X X
Peppers (bell and other varieties) X X X X
Pineapples (cored or whole) X X
Rhubarb X X
Tomatoes X X X X
General Commodity Groups Weight Count Head or
BunchDry measure
(up to any
size)Dry measure
(1 dry qt or
larger)
Berries (all) X X
Citrus fruits (oranges, grapefruit,
lemons, limes, etc)X X X
Edible bulbs (onions, garlic,
leeks, etc)X X X X X
Edible tubers (Irish or sweet X X X X901:6-7-02 2potatoes, ginger, horseradish,
etc)
Flower vegetables (broccoli,
cauliflower, brussels sprouts,
etc)X X
Gourd vegetables (cucumbers,
squash, melons, pumpkins, etc)X X X
Leaf vegetables (head lettuce,
cabbage, celery, etc)X X
Leaf vegetables (parsley, herbs,
loose picked greens)X X X
Stone fruits (peaches, plums,
prunes, etc)X X X
Pome fruits (apples, pears,
mangoes, etc)X X X X
Root vegetables (turnips,
carrots, radishes, beets,
rutabaga, etc)X X X
Except for sweet corn / corn on the cob, when the commodity is sold in pre-package form, the sale
by count is limited to a maximum of six.
(B)Markingrequirements forshippingcontainers. Iftwoormoremeasurecontainers are
placedinashipping package, thecrateorpackage shallshowthenumberof
measurecontainers andthequantityofcontentsofeach.
(C)Breadkept,offered,orexposedforsale,whetherornotpackaged orsliced,shallbe
soldbyweight.Thewrappers ofbreadthataresoldandexpressly represented atthe
timeofsaleas"stalebread"shallnotbeconsidered packages forlabelingpurposes.
(D)Flour,cornmeal,andhominygrits.Wheatflour,wholewheatflour,grahamflour,
self-rising wheatflour,phosphated wheatflour,bromated flour,cornflour,corn
meal,andhominygrits,whetherenriched ornot,shallbepackaged, kept,offered,
orexposedforsaleandsoldbyweight.
(B)(E) Butter, oleomargarine, margarine, butter-like and/or margarine-like spreads shall
be offered and exposed for sale and sold by weight.901:6-7-02 3"Butter-like and/or margarine-like spreads" are those products that meet the
"Federal Standard " of Identity for butter or margarine, 21 CFR 130.6 (1977) and
oleomargarine, 21 CFR 166.110 (1998), except that they contain less than eighty
per cent fat and may contain other safe and suitable ingredients.
(C)(F) Meat, poultry, fish and seafood shall be sold by weight.
(D)(G) In combination with other foods. When meat, poultry, fish, or seafood is
combined with some other food element to form a distinctive food product, the
quantity representation may be in terms of the total weight of the product or
combination. A quantity representation need not be made for each element.
(E)(H) Clams, mussels, and oysters.
(1) Processed clams, mussels, oysters, and other mollusks on the half-shell (fresh or
frozen) shall be sold by net weight excluding the weight of the shell.
(2) Canned (heat-processed) mussels, clams, oysters, and other mollusks shall be
sold by net weight. A maximum of forty-one per cent free liquid by weight is
permitted for canned oysters.
(3) Fresh oysters, clams, mussels, and other mollusks removed from the shell shall
be sold by weight, drained weight or by fluid volume. For oysters sold by
weight or by volume a maximum of fifteen per cent free liquid by weight is
permitted.
(4) Whole clams, oysters, mussels, and other mollusks in the shell (fresh or frozen)
shall be sold by weight (including the weight of the shell, but not including
the liquid or ice packed with them), dry measure (e.g., bushel), and/or count.
In addition, size designations may be provided.
(5) Whole clams, oysters, mussels, and other mollusks on the half shell (fresh,
cooked, smoked, or frozen, with or without sauces or spices added) shall be
sold by weight (excluding the weight of the shell) or by count. Size
designations may also be provided.
(6) Shellfish not included under this rule may be sold by weight, measure, and/or
count.
(F)(I) Fluid milk products. All fluid milk products including but not limited to milk,
lowfat milk, skim milk, cultured milks, and cream shall be sold in terms of volume.901:6-7-02 4(G)(J) Other milk products. Cottage cheese, cottage cheese products, and other milk
products that are solid, semi-solid, viscous, or a mixture of solid and liquid, as
defined in the pasteurized milk ordinance of the U.S. department of health and
human services, 21 CFR 131 (2003 revision) incorporated herein by reference, shall
be sold in terms of weight.
(H)(K) Factory-packaged and hand-packed ice cream and similar frozen products. Ice
cream, ice milk, frozen yogurt, and similar products shall be kept, offered, or
exposed for sale, or sold in terms of fluid volume.
(L)Pelletized icecreamandsimilarpelletized frozendesserts.Asemi-solid foodproduct
manufactured atverylowtemperatures usinganitrogenprocessandconsisting of
smallbeadsofvaryingsizes.Bitsofinclusions, suchascookiesandcandythatalso
varyinsizeandweightmaybemixedwiththepellets.Packaged pelletized ice
creamorsimilarpelletized frozendessertsshallbekept,offered,orexposedfor
saleonthebasisofnetweight.
(I)(M) Pickles. The declaration of net quantity of contents on pickles and pickle products,
including relishes, but excluding one or two whole pickles in a transparent
wrapping which may be declared by count, shall be expressed in terms of liquid
measure. Sales of pickles from bulk may be by count.
(J)(N) Advertising and price computing of bulk food commodities.
(1) Total price computing: The price of bulk food commodities or food
commodities not in package form and sold by weight shall be computed in
terms of whole units of weight (i.e., pounds, ounces, grams, kilograms, etc.)
and not in common or decimal fractions.
(2) Unit price advertising: The price of bulk food commodities or food
commodities not in package form and sold by weight shall be advertised or
displayed in terms of whole weight units of pounds or kilograms only, not in
common or decimal fractions or in ounces. A supplemental declaration in
common or decimal fractions or in ounces, in print no larger than the whole
unit price, is permitted.
(K)(O) Generic terms for meat cuts. A declaration of identity for meat cuts shall be
limited to generic terms, such as those listed in the "Uniform Retail Meat Identity
Standards" (2012)published bythe"cattleman's beefboard"(2003)ineffectonthe
effectivedateofthisruleandincorporated hereinbyreference.
The following abbreviations may be used:901:6-7-02 5BAR B Q (barbecue). POT-RST (pot roast).
BI (bone in). RND (round).
BNLS (boneless). RST (roast).
DBLE (double). SHLDR (shoulder).
LGE (large). SQ (square).
N.Y. (NY) (new york). STK (steak).
PK (pork). TRMD (trimmed).
(L)(P) Sale of meat by carcass, side, primal cut, or any single sale of meat or poultry in
excess of fifty pounds. The seller of a carcass side, quarter, primal cut, or a single
sale of meat or poultry in excess of fifty pounds on a gross or hanging weight basis
shall provide to the buyer a written statement giving the following information at
the times indicated.
(1) Prior to delivery:
(a) The name and address of the seller (firm);
(b) The date of the contract;
(c) The name and address of the buyer;
(d) The total net weight (hanging weight) of the carcass, side, primal cut,
meat, or poultry prior to cutting or processing;
(e) The USDA -AMS ( unitedUnited statesStates department of
agriculture-agriculture marketing service) quality grade and yield grade ,
incorporated hereinbyreference andineffectontheeffective dateof
thisrule, for the meat to be supplied if so represented;
(f) The price per pound for each species (not including any inducements) and
the total price of the sale order; and
(g) Additional costs, listed separately, for cutting, wrapping, freezing, and
finance charges, if any.901:6-7-02 6(2) At the time of delivery:
(a) The name and address of the buyer and seller;
(b) The date of delivery;
(c) The total net weight of the meat or poultry delivered; or a list, by name
and count, of each cut derived from each primal cut with the net weight
of each cut, packages, groups of packages, or individual boxes; and
(d) A separate indication of the quantity of any meat or other commodity
received by the purchaser as an inducement in connection with the
purchase of the carcass, side, primal cut, meat, or poultry.
(3) Definitions:
(a) "Beef carcass." A beef carcass consists of four quarters from a single
carcass derived from splitting the carcass down the backbone into two
sides. The forequarters are separated from the hindquarters by a cut
following the natural curvature between the twelfth and thirteenth ribs,
the thirteenth ribs remaining with the hindquarters. The diaphragm may
be removed, but if not removed, the membranous portion shall be
removed close to the lean. The thymus gland and the heart fat shall be
closely removed.
(b) "Beef side." The side shall consist of one matched forequarter and
hindquarter from the beef carcass.
(c) "Beef forequarter." The forequarter is the anterior portion of the side after
severance from the hindquarter as described in the definition for beef
carcass.
(d) "Beef hindquarter." The hindquarter is the posterior portion of the side
after severance from the forequarter, as described in the definition for
beef carcass.
(4) Exemptions: This rule shall not apply to the sale of any carcass, side, quarter, or
primal cut of meat or poultry that individually or collectively has a gross or
hanging weight of fifty pounds or less, the custom sale when the seller is
charging only for processing and not the meat or poultry, or the sale of any
carcass, side, quarter or primal cut of meat or poultry by a farmer when the901:6-7-02 7farmer is not the processor.
(M)(Q) Ready-to-eat food.
(1) Ready-to-eat food sold from bulk, or in single servings packed on the premises,
may be sold by weight, measure, or count (count includes servings). If sold
by weight, ready-to-eat frozen dairy products such as ice cream, ice milk and
frozen yogurt must be offered, exposed, or advertised for sale in ounces or
pounds.
(2) Definition: "Ready-to-eat food" is restaurant-style food offered or exposed for
sale, whether in restaurants, supermarkets, or similar food service
establishments, that is ready for consumption, though not necessarily on the
premises where sold.
(3) Exemptions: Ready-to-eat food does not include sliced luncheon products, such
as meat, poultry, or cheese when sold separately.
(R)Attimeofsale:
(1)Thesellershallprovidethebuyerwithasingledocument, referredtointhis
sectionasthewrittenagreement, whichshallclearlyandconspicuously
disclosethefollowing:
(a)Thename,address,andtelephone numberoftheseller,andthenameand
addressofthebuyer;
(b)Thedateofthewrittenagreement;
(c)Thepriceofthefoodandnon-food itemsofthehomefoodserviceplan;
(d)Theservicechargeorthepriceofanyservicechargesassociated withthe
homefoodserviceplan;
(e)Thetotalpriceofthehomefoodserviceplan,including thepriceofthe
foodandnon-food items,andthepriceofanyservicecharge;and
(f)Astatement thatthebuyershallhavetherighttocancelthehomefood
serviceplancontractuntilmidnight ofthethirdbusinessdayafterthe
dateinwhichthebuyerexecuted thecontract, orafterthedayinwhich
thesellerprovided thebuyerwithafullyexecuted copyofthecontract,
whichever islater,bygivingwrittennoticeofthecancellation tothe
seller.Compliance withrequirements offederalstatutes, rules,or
regulations governing formofnoticeofrightofcancellation shallbe
deemedsatisfactory noticeoftherequirements ofthisrule.901:6-7-02 8(2)Inaddition toparagraph (R)(1)ofthisrule,thefollowing disclosures are
requiredtobegiventothebuyeratthetimeofsale:
(a)Awrittenlistofallfoodandnon-food itemstobesold,whichshall
include:
(i)Theidentityofeachunitand,whereapplicable, theUnitedStates
department ofagriculture qualitygradeoftheitems,ifsograded;
(ii)Theprimalsource;
(iii)Thebrandortradename;
(iv)Thequantityofeachitemsold;
(v)Theestimated servingsizebynetweightofeachpieceofmeat,
poultry,andseafooditemofferedforsaleunderthehomefood
serviceplan,provided, however, thatsuchestimates shallnot
differfromtheactualweightatthetimeofdeliverybymorethan
fivepercentandthedollarvalueofthemeat,poultry,and
seafooditemsdelivered isequaltoorgreaterthanthatrepresented
tothebuyer;and
(vi)Thenetweight,measure, orcountofallotherfoodandnon-food
itemsofferedforsale.
(b)Acurrentunitpriceliststatingindollarsandcentsthepriceperkilogram
orpoundorotherappropriate unitofmeasure, andthetotalsalepriceof
eachitemtobedelivered. Thispricelistshallclearlyandconspicuously
makereference tothefactofwhether thereareadditional costs
disclosed inthewrittenagreement relatingtoanyservicecharges
associated withthepurchase ofthehomefoodserviceplan.
(c)Ifamembership issold,awrittenstatement ofallterms,conditions,
benefits,andprivileges applicable tothemembership.
(d)Ifaservicechargeisincluded, awrittenstatement specifically identifying
theservice(s) provided andtheprice(s)chargedforthem.
(S)Atthetimeofdelivery, thesellershallprovideareceipt,forsignature bybuyer,
disclosing thefollowing information:
(1)Theidentityoftheitemandthenetquantityofthecontentsintermsofeither
weight,measure, orcount,asrequiredbyapplicable law.Thenetweightof
eachfooditemdelivered shallbewithinthelimitspecified inthisrule;and901:6-7-02 9(2)Theunitpriceandtotalsalepriceofeachfoodandnon-food item.Theunit
priceshallbethesameasthatspecified ontheunitpricelistgiventothe
buyeratthetimeofsale.901:6-7-02 10Effective:
Five Year Review (FYR) Dates: 04/26/2016
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 1327.50, 901.10
Rule Amplifies: 1327.50, 1327.55
Prior Effective Dates: 1/1/1990, 3/4/1996, 1/18/2005, 10/28/2010901:6-7-02 11901:6-7-03 Nonfood products.
(A) Fence wire products. Rolls of fence wire products shall be sold by:
(1) Gauge of wire.
(2) Height in terms of inches or centimeters, if applicable.
(3) Length in terms of rods, meters, or feet.
(4) Packages subject to the Federal Fair Packaging and Labeling Act must be
labeled in inch-pound units of measure. Metric units may also be declared on
the principal display panel and may even appear first.
(B) Coatings. Asphalt paints, coatings, and plastics shall be sold in terms of liquid
measure.
(C) Fireplace and stove wood. For the purpose of this rule, this paragraph applies to the
sale of all wood, natural and processed, for use as fuel or flavoring.
(1) Definitions:
(a) "Fireplace and stove wood." Any kindling logs, boards, timbers, or other
wood, split or not split, advertised, offered for sale, or sold as fuel.
(b) "Cord." The amount of wood that is contained in a space of one hundred
twenty-eight cubic feet, when the wood is ranked and well stowed. For
the purpose of this rule, "ranked and well stowed" shall be construed to
mean 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.
(c)"Representation. " A"representation " shall be construed to mean any
advertisement, offering, invoice, or the like that pertains to the sale of
fireplace or stove wood.
(d)"Seasoned firewood." Thewoodforfuelthathasbeenair-driedandhasa
moisturecontentvaluethatislessthanorequaltofiftypercent.
(d)Stovewoodpelletsorchips.Pelletsorchipsnotgreaterthanfifteencm
(sixinches)inanydimension shallbesoldbyweight.Thisrequirement
doesnotapplytoflavoring chips.
[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.0 ras3 Feb 4, 2016 10:48, (dv: 0, p: 165437, pa: 295842, ra: 494455, d: 646067) ] print date: 04/26/2016 08:00 PMACTION: Original DATE: 04/26/2016 3:28 PM(e) Flavoring chips. Any kindling, logs, boards, timbers, or other natural or
processed, split or unsplit wood that is advertised, offered for sale, or
sold for flavoring smoked or barbequed foods.
(2) Identity: A representation may include a declaration of identity that indicates
the species group. (Example: fifty per cent hickory, forty per cent oak, ten per
cent ash.) Such a representation shall indicate, within ten per cent accuracy,
the percentages of each group.
(3) Quantity: Wood , of any type ,foruseused as fuel may be advertised, offered for
sale, and sold by measure, weight , and count, insofar as the wood, advertised,
offered for sale , and sold by measure shall use the term "cord" and fractional
parts of a cord or the cubic meter; except that :wood,naturalorprocessed
(including flavoring chips),offeredforsaleinpackageformshalldisplaythe
quantityintermsofcubicfeet,toincludefractions ofcubicfeetorcubic
meters,toincludedecimalfractions ofcubicmeters.Woodadvertised,
offeredforsaleandsoldbyweightshallbesoldintermsofpriceperton,the
salebasedonanetweightdetermined usinganappropriate scalesealedbya
weightsandmeasures inspector, andinnocaseshallascalebeusedfornet
loadsthatweighlessthanfiftyminimum divisions. Asinglelogshallbesold
byweight,andpackages ofsuchindividual logscontaining lessthanfour
cubicfeet(onethirty-second ofacord),ifsoldbyinch-pound volume,orless
thanone-tenth cubicmeterifsoldbymetricvolume,maybesoldbynet
weightpluscount.
(a)Naturalorprocessed woodofferedforsaleinpackageformshalldisplay
thequantityintermsofcubicfeetandincludefractions ofcubicfeet,or
cubicmetersandincludedecimalfractionsofcubicmeters.
(b)Asinglelogshallbesoldbyweight.Packages ofindividuals logs
containing lessthanfourcubicfeet(onethirty-second ofacord),ifsold
byinch-pound volume,maybesoldbynetweightpluscount.
(c)Woodadvertised, offeredforsale,andsoldbyweightshallbesoldin
termsofpriceperton,thesalebasedonanetweightdetermined using
anappropriate scalesealedbyaweightsandmeasures inspector. Inno
caseshallascalebeusedfornetloadsthatweighlessthanfifty
minimum divisions.
(4) Prohibition of terms: The terms "face cord," "rack," "pile," "rick," "truckload,"
or terms of similar import shall not be used when advertising, offering for
sale, or selling wood for use as fuel.901:6-7-03 2(5) Delivery ticket or sales invoice: A delivery ticket or sales invoice shall be
presented by the seller to the purchaser whenever any nonpackaged fireplace
or stove wood is sold. The delivery ticket or sales invoice shall contain at
least the following information:
(a) The name and address of the vendor;
(b) The name address of the purchaser;
(c) The date delivered;
(d) The quantity delivered and the quantity upon which the price is based, if
this differs from the delivered quantity;
(e) The price of the amount delivered; and
(f) The identity in the most descriptive terms commercially practicable,
including any quality representation made in connection with the sale.
(D) Peat and peat moss applies only with respect to organic matter of geological origin,
excluding coal and lignite, originating principally from dead vegetative remains
through the agency of water in the absence of air and occurring in a bog,
swampland, or marsh, and containing an ash content not exceeding twenty-five per
cent on a dry-weight basis (dried in an oven at one hundred five degrees centigrade
or two hundred twenty-one degrees Fahrenheit until no further weight loss can be
determined).
(1) Declaration of quantity: The declaration of quantity of peat and peat moss shall
be expressed in weight units or in cubic measure units.
(2) Units.
(a) Weight: Peat and peat moss sold in terms of weight shall be offered and
exposed for sale only in pounds and/or kilograms.
(b) Cubic measure: Peat and peat moss sold in terms of cubic measures shall
be offered and exposed for sale only in cubic feet and/or liters. If the
commodity is labeled in terms of compressed cubic measurement, the
quantity declaration shall represent the quantity in the compressed state
and the quantity from which the final product was compressed (the901:6-7-03 3latter declaration not exceeding the actual amount of material that can
be recovered).
(E) Prefabricated utility buildings. These buildings shall be offered for retail sale on the
basis of usable inside space as follows:
(1) Length, measured from inside surface of wall panels at the base;
(2) Width, measured from the inside surface of wall panels at the base;
(3) Height, measured from the base to the top of the shortest wall panel. Inside
dimensions in inch-pound units shall be declared to the nearest inch; inside
dimensions in metric units shall be declared to the nearest one-hundredth of a
meter.
If total usable inside space is declared in a supplemental declaration, it shall
be to the nearest cubic decimeter or cubic foot.
(F) Roofing and roofing material shall be sold either by the square, or by the square foot
only if sold in inch-pound units, or by the square meter only if sold in metric units.
(1) Definitions.
(a) Square meter: The term "square meter" shall mean the quantity of roofing
or roofing material that, when applied according to the directions or
instructions of the manufacturer, will cover one square meter exclusive
of side laps or side joints.
(b) Square: The term "square" shall mean the quantity of roofing or roofing
material that, when applied according to the directions or instructions of
the manufacturer, will cover an area of one hundred square feet
exclusive of side laps or side joints; provided, that, in the case of
roofing or roofing material of corrugated design, the side lap or side
joint shall be one full corrugation.
(c) Square foot: The term "square foot" shall mean the quantity of roofing or
roofing material that, when applied according to the directions or
instructions of the manufacturer, will cover one square foot (one
hundred forty-four inches) exclusive of side laps or side joints.
(2) Declaration of quantity: When the declaration of quantity on a package of
roofing or roofing material contains the term "square," it shall include, plainly901:6-7-03 4and conspicuously, a numerical definition of the term "square .";forFor
example, "one square covers one hundred square feet of roof area."
(a) Common fractions. The use of the common fraction "one-third" is
specifically authorized in the quantity statement of a package of roofing
or roofing material when, and only when, used as the common fraction
of the "square."
(b) Quantity statement. The primary declaration, if in inch-pound units, shall
only be in terms of squares or square feet, and if in metric units shall
only be in terms of square meters. There is no prohibition against the
use of supplementary quantity declarations, such as shingle dimensions,
but in no case shall the weight of the material be stated or implied.
However, the use of numerical descriptions for rolls of felt roofing
material may continue to be used.
(G) Sealants. Calking compounds, glazing compounds, and putty shall be sold in terms of
liquid measure, except that rope calk shall be sold by weight.
(H) Sod and turf.
(1) Application: For the purpose of this rule, this paragraph shall apply to all sod,
including turf sod, turf plugs, and turf sprigs.
(2) Definitions.
(a) Sod: "Sod" shall mean "turf sod," "turf plugs," or "turf sprigs" of a single
kind or variety or a mixture of kinds and varieties.
(b) Turf: "Turf" shall mean a live population of one or more kinds of grasses,
legumes, or other plant species used for lawns, recreational use, soil
erosion control, or other such purposes.
(c) Turf plug: "Turf plug" shall mean a small section cut from live turf of
those kinds of turf normally vegetatively propagated (such as zoysia
grass) that when severed contain sufficient plant material to remain
intact.
(d) Turf sod: "Turf sod" shall mean a strip or section of live turf that when
severed contains sufficient plant material to remain intact.901:6-7-03 5(e) Turf sprig: "Turf sprig" shall mean a live plant, stolon, crown, or section
cut from stolonifera plants used as turf.
(3) Quantity: Sod shall be advertised, offered for sale, and sold by measure or by a
combination of count and measure as follows.
(a) Turf sod: Turf sod shall be advertised for sale and sold in terms of the
square meter, square foot, or square yard, as appropriate.
(b) Turf plugs: Turf plugs shall be advertised for sale and sold in terms of
count, combined with a statement of the plug diameter.
(c) Turf sprigs: Turf sprigs shall be advertised for sale and sold in terms of
the liter or bushel.
(I) Softwood lumber applies to softwood boards, timbers, and dimension lumber that
have been dressed on four sides, but shall not apply to rough lumber, to lumber that
has been matched, patterned, or shiplapped, or to lumber remanufactured or joined
so as to have changed the form or identity, such as individual assembled or
packaged millwork items.
(1) Definitions.
(a) "Dressed (surfaced) lumber" :Lumbermeanslumber that has been dressed
(or surfaced) for the purpose of attaining smoothness of surface and
uniformity of size.
(b) "Boards" :Lumbermeanlumber one and one-quarter inches or less in
actual thickness and one and one-half inches or more in actual width.
Lumber less than one and one-half inches in actual width may be
classified as strips.
(c) "Timbers" :Lumbermeanlumber one and one-half inches or more in least
actual dimension. Timber may be classified as beams, stringers, posts,
caps, sills, girders, purlins, etc.
(d) "Dimension lumber" :Lumbermeanslumber from one and one-half inches
to, but not exceeding, four and one-half inches in actual thickness, and
one and one-half inches or more in actual width. Dimension lumber
may be classified as framing, joists, planks, rafters, studs, small
timbers, etc.901:6-7-03 6(e) "Rough lumber" :Lumbermeanslumber that has not been dressed but that
has been sawed, edged, and trimmed at least to the extent of showing
saw marks in the wood on the four longitudinal surfaces of each piece
for its overall length.
(f) "Matched lumber" :Lumbermeanslumber that has been worked with a
tongue on one edge of each piece and a groove on the opposite edge to
provide a close tongue-and-groove joint by fitting two pieces together;
when end-matched, the tongue-and-groove are worked in the ends also.
(g) "Patterned lumber" :Lumbermeanslumber that is shaped to a pattern or a
molded form, in addition to being dressed, matched, or shiplapped, or
any combination of these workings.
(h) "Shiplapped lumber" :Lumbermeanslumber that has been worked or
rabbeted on both edges of each piece to provide a close-lapped joint by
fitting two pieces together.
(i) "Grade" :Themeansthe commercial designation assigned to lumber
meeting specifications established by a nationally recognized grade rule
writing organization.
(j) "Species" :Themeansthe commercial name assigned to a species of trees.
(k) "Species group" :Themeansthe commercial name assigned to two or
more individual species having similar characteristics.
(l)"Representation ":A"representation" shallbeconstrued tomeanmeans
any advertisement , or invoice that pertains to the sale of lumber.
(m) "Minimum dressed sizes (width and thickness)" :Themeansthe
standardized width and thickness at which lumber is dressed when
manufactured in accordance with the "U.S. Department of Commerce
Voluntary Product Standard 20 -90 (1999) -, American Softwood
Lumber Standard," and regional grading rules conforming to VPS 20-
90 (1999) (see table 1), both of which are incorporated herein by
reference.
(2) Identity: Advertisements shall include a declaration of identity that specifies the
grade or grades, and species or species group and whether the lumber is
unseasoned (green) or dry..901:6-7-03 7(3) Quantity: Representations shall be in terms of the number of pieces, the
minimum dressed width and thickness, the length of individual pieces, or the
lineal footage, except that:
(a) The use of recognized nominal dimensions, such as but not limited to
those specified in table 1, shall be allowed in lieu of the minimum
dressed sizes.
Table 1. Soft Lumber Sizes
Minimum standard dressed sizes at the time of manufacture for both unseasoned (green)
and dry lumber as published by the U.S. Department of Commerce in Product Standard
20-70.
Minimum Dressed Sizes
(see note 2)
Product Classification
(Nominal size)Unseasoned Dry
Inches Inches Inches
Dimension Lumber
2 x 4 1-9/16 x 3-9/16 1-1/2 x 3-1/2
2 x 6 1-9/16 x 5-5/8 1-1/2 x 5-1/2
2 x 8 1-9/16 x 7-1/2 1-1/2 x 7-1/4
2 x 10 1-9/16 x 9-1/2 1-1/2 x 9-1/4
2 x 12 1-9/16 x 11-1/2 1-1/2 x 11-1/4
(see note 1)
Board Lumber
1 x 4 25/32 x 3-9/16 3/4 x 3-1/2
1 x 6 25/32 x 5-5/8 3/4 x 5-1/2
1 x 8 25/32 x 7-1/2 3/4 x 7-1/4
1 x 10 25/32 x 9-1/2 3/4 x 9-1/4901:6-7-03 81 x 12 25/32 x 11-1/2 3/4 x 11-1/4
Note 1: The dry thickness of nominal three-inch and four-inch lumber
are two and one-half inches and three and one-half inches; unseasoned
thicknesses are two and nine-sixteenths inches and three and
nine-sixteenths inches. Widths for these thicknesses are the same as
shown in table 1.
Note 2: "Product standard 20-19 (1999) defines dry lumber as being
nineteen per cent or less in moisture content and unseasoned lumber as
being over nineteen per cent in moisture content. The size of lumber
changes approximately one per cent for each four per cent change in
moisture content. Lumber stabilizes at approximately fifteen per cent in
moisture content under normal use conditions.
(J) Carpeting. Anyone who sells carpeting shall provide the purchaser with written
statements at the time of sale giving the following information:
(1) The name and address of the manufacturer .;
(2) The style name and roll number of the carpet .;
(3) The generic name of the fiber and the type of backing material .;
(4) The amount delivered (exact size shipped) .;and
(5) The price per square foot if sold in inch-pound units, or the price per square
meter if sold in metric units, and the total price.
(K) Hardwood lumber. Sales of hardwood lumber measured after kiln drying shall be
quoted, invoiced, and delivered on the basis of net board footage, with no addition
of footage for kiln-drying shrinkage. Sales of hardwood lumber measured prior to
kiln drying shall be quoted, invoiced, and delivered on the basis of net board
footage before kiln drying. If the lumber is to be kiln-dried at the request of the
purchaser, the kiln-drying charge shall be clearly shown and identified on the
quotation and invoice. Retail sales of surfaced, kiln dried hardwood lumber is
permissible by board footage, lineal footage or in terms of the number of pieces.
(L) Polyethylene products. Consumer and nonconsumer products offered and exposed for
sale shall be sold in terms of:
(1) Sheeting and film.901:6-7-03 9(a) Length and width;
(b) Area in square feet or square meters;
(c) Thickness in mils;
(d) Weight in pounds or kilograms.
Consumer products offered or exposed for sale at retail shall be sold in
terms of:
(2) Food wrap.
(a) Length and width;
(b) Area in square feet or square meters.
(3) Lawn and trash bags.
(a) Count;
(b) Dimensions;
(c) Thickness in mils;
(d) Capacity.
(4) Food and sandwich bags.
(a) Count;
(b) Dimensions;
(c) Capacity.
Products not intended to be offered or exposed for sale at retail shall be
offered and exposed for sale in terms of:
(5) Bags.901:6-7-03 10(a) Count;
(b) Dimensions;
(c) Thickness in mils;
(d) Weight;
(e) Capacity.
(6) Declaration of weight: A labeled statement of weight for polyethylene sheeting
and film and polyethylene bags not intended for the retail consumer shall not
be less than the weight calculated by using the following formula
W = T x A x 0.03613 x D, where:
W = net weight in pounds;
T = nominal thickness in inches;
A = nominal length in inches times nominal width in inches;
D = density in grams per cubic centimeter as determined by the "American
society for testing materials, D1505-03, vol. 15.05 (2004) standard method of
test for density of plastics by the density gradient technique". In the foregoing
equation, 0.03613 is a factor for coverting g/cm (3) to lb/in (3).
(M) Insulation.
(1) Packaged loose-fill insulation except cellulose: Packaged loose-fill insulation,
except cellulose, shall declare the net weight with no qualifying statement;
each package must contain at least the stated weight. In addition, the
following information shall be supplied on the package: minimum thickness,
maximum net coverage area, number of bags per thousand square feet, and
minimum weight per square foot at R-values of eleven, nineteen, and
twenty-two. This information shall also be supplied for any additional
R-values listed.
(2) Packaged loose-fill cellulose insulation: The principal display panel of
packaged loose-fill cellulose insulation shall declare the net weight with no
qualifying statement; each package must contain at least the stated weight. In
addition, the following information shall be supplied on the package:901:6-7-03 11minimum thickness, maximum net coverage area, number of bags per one
hundred square feet, and minimum weight per square foot at R-values of
thirteen, nineteen, twenty-four, thirty-two and forty. This information shall
also be supplied for any additional R-values listed.
(3) Batt and blanket insulation: The principal display panel of packaged batt or
blanket insulation shall declare the square feet of insulation in the package,
and the length and width of the batt or blanket. In addition, R-value and
thickness shall be declared on the package.
(4) Installed insulation: Installed insulation must be accompanied by a contract or
receipt. For all insulation except loose fill and aluminum foil, the receipt must
show the coverage area, thickness, and R-value of the insulation installed. For
loose fill, the receipt must show those three items plus the number of bags
used. For aluminum foil, the receipt must show the number and thickness of
air spaces, the direction of heat flow and R-value. The receipt must be dated
and signed by the installer. Example: "This is to certify that the insulation has
been installed in conformance with the requirements indicated by the
manufacturer to provide a value of R-19 using thirty-one and a half bags of
insulation to cover fifteen hundred square feet area."
(N) Solid fuel products. Anthracite, semi-anthracite, bituminous, semi-bituminous, or
lignite coal, and any other natural, manufactured, or patented fuel, not in liquid or
gaseous form, except fireplace and stove wood, shall be offered, exposed for sale,
or sold by net weight when in package form.
(O) Liquefied petroleum gas cylinder tare weights. For stamped tare weights on cylinders
employed in the sale of liquefied petroleum gas, the following shall apply:
(1) Allowable difference: The allowable difference between the actual tare weight
and the stamped tare weight for a new or used cylinder shall be one per cent
of the actual tare weight. The tare weight shall include the weight of the
cylinder (including paint), valve, and other permanent attachments. The
weight of a protective cap shall not be included in tare or gross weights.
(2) Average requirement: The tare weights of cylinders at a single place of business
found to be in error predominantly in a direction favorable to the seller and
near the allowable difference limit shall be considered to be not in
conformance with these requirements.
(P) Precious metals.
Definition.901:6-7-03 12(1) "Precious metals": Gold, silver, platinum, or any item composed partly or
completely of these metals or their alloys and in which the market value of
the metal in the item is principally the gold, silver, or platinum component.
(2) Quantity: The unit of measure and the method of sale of precious metals, if the
price is based in part or wholly on a weight determination, shall be either troy
weight or metric weight. When the measurement or method of sale is
expressed in metric weight units, a conversion chart to troy units shall be
prominently displayed so as to facilitate price comparison. The conversion
chart shall also display a table of troy weights indicating grains,
pennyweights, and troy ounces.
(Q) Mulch.
(1) Definition: "Mulch" means any product or material except peat or peat moss
that is advertised, offered for sale, or sold for primary use as a horticultural
above-ground dressing; for decoration, moisture control, weed control,
erosion control, temperature control, or other similar purposes.
(2) Quantity: All mulch shall be sold, offered, or exposed for sale in terms of
volume measure; in inch-pound units in terms of the cubic yard or cubic foot;
in metric units in terms of the cubic meter or liter.
(R) Kerosene. All kerosene kept, offered, exposed for sale, or sold shall be identified as
such and will include, with the word "kerosene," an indication of its compliance
with the standard specification adopted by the "American Society for Testing and
Materials, Specification Number D-3699" , volume 15.02 (2003) in effect on the
effective date of this rule and incorporated herein by reference.
(S) Gasoline-alcohol blends.
Documentation for dispenser labeling purposes: The retailer must be provided, at
the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or
other documentation, the presence and maximum amount of ethanol, methanol, or
any combination of ethanol/methanol (in terms of per cent by volume) contained in
the fuel. This documentation is only for dispenser labeling purposes; it is the
responsibility of any potential blender to determine the total oxygen content of the
motor fuel before blending.
(T)LiquifiedLiquefied petroleum gas.
(1) Quantity: All liquefied petroleum gases, including but not limited to propane,901:6-7-03 13butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold
by the pound, metered cubic foot of vapor (defined as one cubic foot at sixty
degrees Fahrenheit), or cubic meter, or the gallon (defined as two hundred
thirty-one cubic inches at sixty degrees Fahrenheit). All metered sales by the
gallon, except those using meters with a maximum rated capacity of twenty
gallons per minute or less, shall be accomplished by use of a meter and
device that automatically compensates for temperature.
(2) Sale by weight; marking required: When liquefied petroleum gas is sold or
offered for sale at retail by weight, in portable containers, the tare weight of
the container shall be plainly and conspicuously marked on the outside of the
container or on a label firmly attached thereto. Tare weight shall not be
construed to include the valve protecting cap, which shall be removed when
weighing. It is unlawful to sell or offer or expose for sale liquefied petroleum
gas in packages or containers which do not bear a statement as to tare weight
as required by this paragraph, or which packages or containers bear a false
statement as to tare weight, provided packages intended to be used only once
and clearly marked with the statement "not refillable" are exempt from this
tare weight requirement.
(3) Refilling; credit: Liquefied petroleum gas, when sold by refilling of a container
or an exchange of containers (the vendor shall give the purchaser full credit
for the unused liquid remaining in a container being exchanged or refilled).
Exempt from this requirement are all lift truck motor fuel cylinders,
one-hundred-pound cylinders used for construction purposes, and any
cylinders less than forty pounds that are exchanged rather than refilled when
the purchaser is notified that no refilling credit will be given. This notification
shall be accomplished by way of an appropriate sign or written agreement.
(4) Service charge and unit price: If the vendor charges the purchaser for the labor
involved in refilling a container of one hundred pounds or less, the vendor
must display the amount of the service charge and the unit price at which the
product is offered for sale. The service charge and unit price shall be
conspicuously displayed so it may be observed from some reasonable
customer position.
(5) Delivery ticket or sales invoice: An invoice shall be submitted to the purchaser
showing the quantity of liquefied petroleum gas sold, expressed in pounds,
gallons, cubic feet, or other unit approved by the department of agriculture
and the unit price of the product. When vapor meters reading in approved
units other than cubic feet are used, the invoice shall clearly indicate to the
purchaser a factor to convert to gallons. When a nonautomatic
temperature-compensated meter is used, all retail or wholesale sale tickets
shall show metered gallons, the temperature of the product at the time of901:6-7-03 14delivery and the corrected gallonage to sixty degrees Fahrenheit. When an
automatic temperature-compensated meter is used, all retail or wholesale sale
tickets shall show the metered gallonage corrected to sixty degrees
Fahrenheit.
(U)Liquidoxygenusedforrespiration.
(1)Ifsoldbyweight,liquidoxygenshallbeweighed onanappropriate sealed
commercial scale.Apressure orothertypeofgaugemaynotbeusedto
determine weight.
(2)Adeliveryticketorsalesinvoiceshallbeprovided andshallcontainatleastthe
following information:
(a)Datedelivered;
(b)Nameandaddressofvendor;
(c)Nameandaddressofthepurchaser;
(d)Ifsoldbyweight,theweightofcylinderbeforefilling,theweightof
cylinderafterfilling,andthenetweightofliquidoxygendelivered;
(e)Ifsoldbymeasure, themeasurement andanycomputation usedtoarrive
atthenetquantityofliquidoxygendelivered;
(f)Unitprice;
(g)Totalcomputed price;and
(h)Weigher's ormeasurer's signature.
(U)(V)Packaged animalAnimal bedding .ofallkinds,exceptforbaledstraw,shallbe
soldbyvolume,thatis,bycubicmeter,liter,ormilliliter andbythecubicyard,
cubicfoot,orcubicinch.Ifthecommodity ispackaged inacompressed state,the
quantitydeclaration shallincludeboththequantityincompressed stateandthe
usablequantitythatcanberecovered .
(1)Packaged animalbeddingofallkinds,exceptforbaledstraw,shallbesoldby
volume,thatis,bycubicmeter,liter,ormilliliter andbythecubicyard,cubic
foot,orcubicinch.Ifthecommodity ispackaged inacompressed state,the
quantitydeclaration shallincludeboththequantityincompressed stateand
theusablequantitythatcanberecovered. Compressed animalbeddingshall
notincludepre-compression volumestatements.
(2)Exemption fornon-consumer packages soldtolaboratory animalresearch901:6-7-03 15industry. Packaged animalbeddingconsisting ofgranularcorncobs andother
dry(eightpercentorlessmoisture), pelleted, and/ornon-compressible
beddingmaterials thataresoldtocommercial (non-retail) endusersinthe
laboratory animalresearch industry (government, medical, university,
pre-clinical, pharmaceutical, research, biotech,andresearchinstitutions) may
besoldonthebasisofweight.
(W)Wipingcloths.Wipingclothsshallbesoldbynetweightorbycountplussizeof
wipingcloths.Whensoldbycountplussize,andthewipingclothsareofassorted
sizes,theterm"irregular dimensions" andtheminimum sizeofsuchclothsmustbe
declared. Thegrossweightmaynotbeprintedonanypackage, eitherconsumer or
non-consumer.
(X)Blaertwine.Blaertwineshallbesoldonthebasisoflengthinmetersorfeet,andnet
massorweightbykilograms orpounds.
(Y)Potpourri. Potpourri shallbesoldasfollows:
(1)Potpourri packaged inadvanceofsaleshallbesoldbyweight,exceptwhensold
inadecorative container orsachet,whichmaybesoldbycount.
(2)Potpourri soldfrombulkshallbesoldbyweightorbydryvolume.
(Z)MotorOil.Motoroilshallbesoldintermsofvolumetric units.
(V)(AA) Communication paper .
(1) Definitions
(a) Communication paper: "Communication paper" shall mean packaged
bond, mimeo, spirit duplicator, xerographic, and other papers, including
cut-sized office paper and computer paper.
(b) Basis weight: "Basis weight" as used in this regulation for labeling shall
mean the grade, category, or identity of the paper determined according
to the latest version of American society for testing and materials
standard method D646 (2001) for "grammage of paper and
paperboard." Basis weight is used as a standard of identity and is not
considered a et weight declaration.
(2) Method of sale. All packaged communication paper kept, offered, or exposed
for sale and sold at retail shall be sold in terms of sheet length, weight and
count.901:6-7-03 16(3) Labeling. Communication paper in package form shall bear a label that includes
a declaration of quantity, in terms of sheet length and width and count, in the
lower 30 percent of the principal display panel and declaration of identity
including the basis weight, and may include such other information as grain
direction, color, brightness, printed lines, and hole punch information. Due to
the variation in basis weight in manufacturing and analysis declared on the
label shall correspond to the basis weight declared by the original
manufacturer.
(W)(BB) Sand, rock, gravel, stone, paving stone, and similar materials kept, offered, or
exposed for sale in bulk must be sold as:
(1) Top-soil, fill dirt, aggregate or chipped rock, sand (including concrete and
mortar sand), decomposed granite, landscape type rock, and cinders must be
sold by the cubic meter or cubic yard or by weight.
(2) Flagstone must be sold by weight.
(3) Dimensional cut stone must be sold by square meter, square good, or weight.
(4) This requirement does not apply to single stones with engraving such as
grave-stones, natural or manmade artwork, landscape boulders, and pre-cast
uniform size blocks.901:6-7-03 17Effective:
Five Year Review (FYR) Dates: 04/26/2016
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 1327.50, 901.10
Rule Amplifies: 1327.50, 1327.55
Prior Effective Dates: 1/1/1990, 1/18/2005901:6-7-03 18901:6-7-04 General.
(A) Presentation of price. Whenever an advertised, posted, or price per unit of weight,
measure, or count for any commodity includes a fraction of a cent, all elements of
the fraction shall be prominently displayed, and the numerals expressing the
fraction shall be immediately adjacent to, of the same general design and style as,
and at least one-half the height and width of the numerals representing the whole
cent.
(B) Allowable differences: combination quantity declarations. Whenever the method of
sale for a bulk or packaged commodity requires the use of a statement that includes
count in addition to weight, measure, or size, the following shall apply to the
particular commodity :.beveragewear; For pressed and blown tumblers and
stemware .,Thethe allowable difference between actual and declared capacity shall
be:
(1) For inch-pound:
(a) Plus or minus one-quarter fluid ounce for items of five-fluid-ounce
capacity or less; and
(b) Plus or minus five per cent of the stated capacity for items over
five-fluid-ounce capacity.
(2) For metric:
(a) Plus or minus ten milliliters for items of two-hundred-milliliter capacity or
less;and
(b) Plus or minus five per cent of the stated capacity for items over
two-hundred-milliliter capacity.
(C) Machine vended commodities. All vending machines dispensing packaged
commodities shall indicate to the customer:
(1) Product identity;
(2) Net quantity; and
(3) Name, address, and telephone number of responsible party.
The requirement for product identity and net quantity can be met either by
[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.0 ras3 Feb 4, 2016 10:59, p: 165437, pa: 295965, ra: 494614, d: 646073) ] print date: 04/29/2016 08:00 PMACTION: Revised DATE: 04/29/2016 1:54 PMdisplay of the package or by information posted on the outside of the
machine. Packaged products dispensed from a machine must meet the
requirements of rules 901:6-3-01 to 901:6-3-12 of the Administrative Code.
(D) Railroad car tare weights. Whenever stenciled tare weights on freight cars are
employed in the sale of commodities or the assessment of freight charges, the
following conditions and requirements shall apply:
(1) All newly stenciled or restenciled tare weights shall be accurately represented to
the nearest one hundred pounds for inch-pound units and to the nearest fifty
kilograms for metric units, and the representation shall include the date of
weighing.
(2) The allowable difference between actual tare weight and stenciled tare weight
on freight cars in use shall be as follows.
(a) Inch-pound allowable difference:
(i) Plus or minus three hundred pounds for cars fifty thousand pounds
or less;
(ii) Plus or minus four hundred pounds for cars over fifty thousand
pounds up to and including sixty thousand pounds; and
(iii) Plus or minus five hundred pounds for cars over sixty thousand
pounds.
(b) Metric allowable difference:
(i) Plus or minus one hundred fifty kilograms for cars twenty-five
thousand kilograms or less;
(ii) Plus or minus two hundred kilograms for cars over twenty-five
thousand kilograms up to and including thirty thousand
kilograms; and
(iii) Plus or minus two hundred fifty kilograms for cars over thirty
thousand kilograms.
(3) Tare weight determinations for verification or change of stenciled weights shall
only be made on properly prepared and adequately cleaned freight cars.901:6-7-04 2(4) Tank cars, covered hopper cars, flat cars equipped with multideck racks or
special superstructure, mechanical refrigerator cars, and house-type cars
equipped with special lading protective devices must be reweighed and
restenciled only by owners or their authorized representatives:
(a) When car bears no lightweight (empty weight) stenciling; and
(b) When repairs or alterations result in a change of weight in excess of the
permissible lightweight tolerance.901:6-7-04 3Effective:
Five Year Review (FYR) Dates: 04/26/2016
Certification
Date
Promulgated Under: 119.03
Statutory Authority: 1327.50
Rule Amplifies: 1327.50, 1327.55
Prior Effective Dates: 1/1/1990901:6-7-04 4