ACTION: Original DATE: 04/26/2016 3:28 PM

ACTION: Original DATE: 04/26/2016 3:28 PM
ACTION: Original
901:6-7-03
DATE: 04/26/2016 3:28 PM
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." The wood for fuel that has been air-dried and has a
moisture content value that is less than or equal to fifty per cent.
(d) Stove wood pellets or chips. Pellets or chips not greater than fifteen cm
(six inches) in any dimension shall be sold by weight. This requirement
does not apply to flavoring chips.
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print date: 04/26/2016 08:00 PM
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(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, for useused 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, natural or processed
(including flavoring chips), offered for sale in package form shall display the
quantity in terms of cubic feet, to include fractions of cubic feet or cubic
meters, to include decimal fractions of cubic meters. Wood advertised,
offered for sale and sold by weight shall be sold in terms of price per ton, the
sale based on a net weight determined using an appropriate scale sealed by a
weights and measures inspector, and in no case shall a scale be used for net
loads that weigh less than fifty minimum divisions. A single log shall be sold
by weight, and packages of such individual logs containing less than four
cubic feet (one thirty-second of a cord), if sold by inch-pound volume, or less
than one-tenth cubic meter if sold by metric volume, may be sold by net
weight plus count.
(a) Natural or processed wood offered for sale in package form shall display
the quantity in terms of cubic feet and include fractions of cubic feet, or
cubic meters and include decimal fractions of cubic meters.
(b) A single log shall be sold by weight. Packages of individuals logs
containing less than four cubic feet (one thirty-second of a cord), if sold
by inch-pound volume, may be sold by net weight plus count.
(c) Wood advertised, offered for sale, and sold by weight shall be sold in
terms of price per ton, the sale based on a net weight determined using
an appropriate scale sealed by a weights and measures inspector. In no
case shall a scale be used for net loads that weigh less than fifty
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.
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(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 (the
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latter 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, plainly
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and conspicuously, a numerical definition of the term "square."; for For
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.
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(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": Lumber means lumber that has been dressed
(or surfaced) for the purpose of attaining smoothness of surface and
uniformity of size.
(b) "Boards": Lumber mean lumber 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": Lumber mean lumber 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": Lumber means lumber 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.
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(e) "Rough lumber": Lumber means lumber 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": Lumber means lumber 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": Lumber means lumber 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": Lumber means lumber 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": The means the commercial designation assigned to lumber
meeting specifications established by a nationally recognized grade rule
writing organization.
(j) "Species": The means the commercial name assigned to a species of trees.
(k) "Species group": The means the commercial name assigned to two or
more individual species having similar characteristics.
(l) "Representation": A "representation" shall be construed to mean means
any advertisement, or invoice that pertains to the sale of lumber.
(m) "Minimum dressed sizes (width and thickness)": The means the
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 2090 (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..
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(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
2x4
1-9/16 x 3-9/16
1-1/2 x 3-1/2
2x6
1-9/16 x 5-5/8
1-1/2 x 5-1/2
2x8
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
1x4
25/32 x 3-9/16
3/4 x 3-1/2
1x6
25/32 x 5-5/8
3/4 x 5-1/2
1x8
25/32 x 7-1/2
3/4 x 7-1/4
1 x 10
25/32 x 9-1/2
3/4 x 9-1/4
Dimension Lumber
(see note 1)
Board Lumber
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1 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.
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(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.
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(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:
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minimum 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.
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(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,
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butane, 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 of
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delivery 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) Liquid oxygen used for respiration.
(1) If sold by weight, liquid oxygen shall be weighed on an appropriate sealed
commercial scale. A pressure or other type of gauge may not be used to
determine weight.
(2) A delivery ticket or sales invoice shall be provided and shall contain at least the
following information:
(a) Date delivered;
(b) Name and address of vendor;
(c) Name and address of the purchaser;
(d) If sold by weight, the weight of cylinder before filling, the weight of
cylinder after filling, and the net weight of liquid oxygen delivered;
(e) If sold by measure, the measurement and any computation used to arrive
at the net quantity of liquid oxygen delivered;
(f) Unit price;
(g) Total computed price; and
(h) Weigher's or measurer's signature.
(U)(V) Packaged animal Animal bedding. of all kinds, except for baled straw, shall be
sold by volume, that is, by cubic meter, liter, or milliliter and by the cubic yard,
cubic foot, or cubic inch. If the commodity is packaged in a compressed state, the
quantity declaration shall include both the quantity in compressed state and the
usable quantity that can be recovered.
(1) Packaged animal bedding of all kinds, except for baled straw, shall be sold by
volume, that is, by cubic meter, liter, or milliliter and by the cubic yard, cubic
foot, or cubic inch. If the commodity is packaged in a compressed state, the
quantity declaration shall include both the quantity in compressed state and
the usable quantity that can be recovered. Compressed animal bedding shall
not include pre-compression volume statements.
(2) Exemption for non-consumer packages sold to laboratory animal research
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industry. Packaged animal bedding consisting of granular corncobs and other
dry (eight per cent or less moisture), pelleted, and/or non-compressible
bedding materials that are sold to commercial (non-retail) end users in the
laboratory animal research industry (government, medical, university,
pre-clinical, pharmaceutical, research, biotech, and research institutions) may
be sold on the basis of weight.
(W) Wiping cloths. Wiping cloths shall be sold by net weight or by count plus size of
wiping cloths. When sold by count plus size, and the wiping cloths are of assorted
sizes, the term "irregular dimensions" and the minimum size of such cloths must be
declared. The gross weight may not be printed on any package, either consumer or
non-consumer.
(X) Blaer twine. Blaer twine shall be sold on the basis of length in meters or feet, and net
mass or weight by kilograms or pounds.
(Y) Potpourri. Potpourri shall be sold as follows:
(1) Potpourri packaged in advance of sale shall be sold by weight, except when sold
in a decorative container or sachet, which may be sold by count.
(2) Potpourri sold from bulk shall be sold by weight or by dry volume.
(Z) Motor Oil. Motor oil shall be sold in terms of volumetric 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
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(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
18
Effective:
Five Year Review (FYR) Dates:
04/26/2016
Certification
Date
Promulgated Under:
Statutory Authority:
Rule Amplifies:
Prior Effective Dates:
119.03
1327.50, 901.10
1327.50, 1327.55
1/1/1990, 1/18/2005
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