Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXXV - Agro-Consumer Services › Chapter 1 - Weights and Measures › Section XXXV-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A.  Wherever in
				these regulations the masculine is used, it includes the feminine and vice
				versa; wherever the singular is used, it includes the plural and vice versa.
				The following words and phrases shall have the following definitions ascribed
				to them:
Accurate
-a device that when its performance
				  or value (that is, its indications, its deliveries, its recorded
				  representations or its capacity or actual value, etc., as determined by test
				  made with suitable standards) conforms to the standard within the applicable
				  tolerances and other performance requirements. Equipment that fails to conform
				  is inaccurate.
Basket
-a one and one-half bushel circular
				  container that may be used for the measurement of unshucked oysters to be sold
				  or purchased.
Commercial
-
a. in proving the size, quantity, extent,
				area or measurement of things for distribution or consumption, purchased or
				offered, or submitted for sale, hire or award;
b. in computing any charge for services
				rendered on the basis of weight or measure; or
c. in determining weight or measure when a
				charge is made for the determination.
Commissioner
-the commissioner of the
				  Department of Agriculture and Forestry, or his duly authorized representatives
				  acting at his discretion.
Commission
-the Commission of Weights and
				  Measures established in
				  R.S.
				  3:4603.
Commodity
-any service or item, or any
				  combination of items, forming a distinctive product, sold in commerce which is
				  affected by any determination of weight, measures, or count.
Compound Weighing Device
-a weighing device
				  that in its operation utilizes either more than one load receiving element
				  and/or more than one primary indicating element.
Correct
-conformance to all applicable
				  requirements for weighing and measuring devices. Any other device is
				  incorrect.
Commercial Weighing and Measuring
				  Device
-weights, measures, and weighing and measuring devices,
				  instruments, elements, and systems or portion thereof, used or employed in
				  establishing the measurement or in computing any basic charge or payment for
				  services rendered on the basis of weight or measure. As used in this
				  definition, measurement includes the determination of size, quantity, value,
				  extent, area, composition (limited to meat and poultry), constituent value (for
				  grain), or measurement of quantities, things, produce, or articles for
				  distribution or consumption, purchased, offered, or submitted for sale, hire,
				  or award.
Department
-the Louisiana Department of
				  Agriculture and Forestry.
Director
-the director of the weights and
				  measures commission, appointed by the commissioner.
Hand-Held Scanning Device
-a portable device
				  that scans UPC codes that allows for the comparison of the price displayed on a
				  shelf, item, or otherwise advertised, to the price for the item in the
				  point-of-sale database.
Indicating Element
-an element incorporated
				  in a weighing or measuring device by means or which its performance relative to
				  quantity or money value is read from the device itself (i.e., an
				  index-and-graduated-scale combinations, a weighbeam-and-pose combination, a
				  digital indicator, etc.).
Load-Receiving Element
-that component of a
				  scale that is designed to receive the load to be weighed (i.e., platforms,
				  decks, rails, hoppers, platters, plates, scoops, etc.).
Net Weight
-the weight of the 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.
NIST
-the National Institute of Standards and
				  Technology.
NTEP
-National Type Evaluation Program
				  administered through the National Conference on Weights and Measures.
NTEP Certificate of Conformance
-a document
				  issued by the National Conference on Weights and Measures, based on evaluation
				  in participating laboratories. The document constitutes evidence that the
				  device described in the certificate is capable of conformance with the
				  requirements of the National Institute of Standards and Technology Handbook
				  44.
Package
-any commodity packed or packaged in
				  any manner in advance of sale in units suitable for either wholesale or retail
				  sale.
Person
-includes individuals, partnerships,
				  corporations, companies, societies, and associations.
Petroleum Product
-any refined hydrocarbon
				  mixture including motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation
				  fuel, heating kerosene, and any blend of two or more refined hydrocarbon
				  mixtures except liquefied petroleum gas and natural gas. For purposes of
				  enforcement of the provisions of
				  R.S.
				  47:818.111 et. seq., regarding taxes on
				  special fuels, the term petroleum product shall include compressed natural gas,
				  liquefied natural gas, and liquefied petroleum gas, as those terms are defined
				  in R.S.
				  47:818.2.
Point-of-Sale
-an assembly of elements
				  including a weighing element, indicating element, and receiving element (which
				  may be equipped with a scanner) used to complete a direct sale
				  transaction.
Price Look-Up Code
or
PLU
-a
				  pricing system where numbers are assigned to items or commodities and the price
				  is stored in a database for recall when the numbers are manually entered. PLU
				  codes are used with scales, cash registers, and point-of-sale items.
Primary Indicating Element
-those principal
				  indicting elements (visual) and recording elements that are designed to, or
				  may, be used by the operator in the normal commercial use of a device. The term
				  "primary" is applied to any element or elements that may be the determining
				  factor in arriving at the sale representation when the device is used
				  commercially. (Examples of primary elements are the visual indicators for
				  meters or scales not equipped with ticket printers or other recording elements
				  for meters or scales so equipped.) The term "primary" is not applied to such
				  auxiliary elements (i.e., the totalizing register of predetermined-stop
				  mechanism on a meter or the means for producing a running record of successive
				  weighing operations) as these elements being supplementary to those that are
				  the determining factors in sales representations of individual deliveries or
				  weights.
Rack
-a mechanism for delivering motor fuel
				  from a refinery, terminal, marine vessel, or bulk plant into a transport
				  vehicle, railroad tank car, or other means of transfer that is outside the bulk
				  transfer/terminal system.
Sale or Sell
-includes barter and
				  exchange.
Scanner or Scanning Device
-an electronic
				  system that employs a laser bar code reader to retrieve product identity, price
				  and other information stored in computer memory.
Scanner or Scanning Device
-an electronic
				  system that employs a visual code reading device to retrieve the item's price
				  electronically.
Service Agency
-any person who, for hire,
				  award, commission, or any other payment of any kind, installs, services,
				  repairs, tests, calibrates, or reconditions any commercial weighing or
				  measuring device and is registered under this Part.
Service Technician
-any individual who for
				  hire, award, commission, or any other payment of any kind, installs, services,
				  repairs, tests, calibrates, or reconditions any commercial weighing or
				  measuring device and is registered under this Part.
Universal Product Code or UPC
-a unique
				  symbol that consists of a machine-readable code and human-readable
				  numbers.
Weights, Measures, or Weighing and Measuring
				  Devices-
all weights, scales, scanners, taxi meters, electric vehicle
				  supply equipment, beams, measures of every kind, instruments and mechanical
				  devices for weighing or measuring, and any appliances and accessories connected
				  with any such instruments. However, it does not include or refer to devices
				  used to meter or measure, other than by weight, water, natural or manufactured
				  gas, or electricity, except for electricity used in connection with electric
				  vehicle supply equipment.
Weighmaster
-any person who weighs, measures,
				  or counts any commodity and issues a certificate of weight, measure, or count,
				  except retailers who weigh, measure, or count commodities for sale at retail
				  directly to consumers, or a person engaged in the business of public weighing
				  or measuring for hire.
Weight
-as used in connection with any
				  commodity means net weight; except where the label declares that the product is
				  sold by drained weight, the term means net drained weight.
Weights, Measures, or Weighing and Measuring
				  Devices
-all weights, scales, scanners, taxi meters, beams, measures of
				  every kind, instruments and mechanical devices for weighing or measuring, and
				  any appliances and accessories connected with any such instruments. However, it
				  does not include or refer to devices used to meter or measure, other than by
				  weight; water, natural or manufactured gas, or electricity.
Visual Code Reading Device
-a device that
				  reads visual machine-readable codes that allows for comparison of the
				  advertised price to the price for the item in the point-of-sale
				  database.
Visual Machine-Readable Code
-a unique symbol
				  or symbols that may be read by a visual code reading device including, but not
				  limited to, bar codes and QR codes.