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                Uniform Weights and Measures Law.

 4-18-301. Definitions.

 4-18-302. Systems of weights and measures.

 4-18-303. Physical standards.

 4-18-304. Technical requirements for weighing and measuring devices.

 4-18-305. Requirements for packaging and labeling.

 4-18-306. Requirements for the method of sale of commodities.

 4-18-307. Requirements for unit pricing.

 4-18-308. Requirements for the registration of servicepersons and service agencies for commercial weighing and measuring devices.

 4-18-309. Requirements for open dating.

 4-18-310. Requirements for type evaluation.

 4-18-311. State Weights and Measures Division.

 4-18-312. Powers and duties of the board.

 4-18-313. Special police powers.

 4-18-314. Powers and duties of local officials.

 4-18-315. Misrepresentation of quantity.

 4-18-316. Misrepresentation of pricing.

 4-18-317. Method of sale.

 4-18-318. Sale from bulk.

 4-18-319. Information required on packages.

 4-18-320. Declarations of unit price on random weight packages.

 4-18-321. Advertising packages for sale.

 4-18-322. Prohibited acts.

 4-18-323. Civil penalties.

 4-18-324. Criminal penalties.

 4-18-325. Restraining order and injunction.

 4-18-326. Presumptive evidence.

 4-18-327. Regulations to be unaffected by repeal of prior enabling statute.

 4-18-328. Regulations.

 

 

   4-18-301. Definitions.

For purposes of this subchapter: 

                        (1)  "Weight(s) and measure(s)" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices. 

                        (2)  "Weight" as used in connection with any commodity or service means net weight. When a commodity is sold by drained weight, the term means net drained weight. 

                        (3)  "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this subchapter. 

                        (4)  "Primary standards" means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures are derived. 

                        (5)  "Secondary standards" means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations. 

                        (6)  "Director" means the Director of the State Plant Board. 

                        (7)  "Person" means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. 

                        (8)  "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale. 

                        (9)  " Package", except as modified by Section 1 of the Application of the Uniform Packaging and Labeling Regulation, whether standard package or random package, means any commodity: 

      (a)  enclosed in a container or wrapped in any manner in advance of wholesale or retail sale or 

      (b)  whose weight or measure has been determined in advance of wholesale or retail sale. 

 

   An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package. 

                        (10)  "Net mass" or "net weight" means the weight of a 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, except that, depending on the type of service rendered, packaging materials may be considered to be part of the service. 

 

   For example, the service of shipping includes the weight of packing materials. 

                        (11)  "Random weight package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights. 

                        (12)  "Standard package" means a package that is one (1) of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations; for example, one (l) liter bottles or twelve (12) fluid ounce cans of carbonated soda; five hundred (500) gram or five (5) pound bags of sugar; one hundred (100) meters or three-hundred foot (300') packages of rope. 

                        (13)  "Commercial weighing and measuring equipment" means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. 

                        (14)  "Board" means the State Plant Board. 

                        (15)  "Commodity" means an article or raw material that can be bought and sold. 

History. Acts 2001, No. 587, § 1.

 

   4-18-302. Systems of weights and measures.

The International System of Units (SI) and the system of weights and measures in customary use in the United States are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state. 

History. Acts 2001, No. 587, § 2.

 

   4-18-303. Physical standards.

Weights and measures that are traceable to the United States prototype standards supplied by the Federal Government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the National Institute of Standards and Technology. All secondary standards may be prescribed by the board and shall be verified upon their initial receipt, and as often thereafter as deemed necessary by the board. 

History. Acts 2001, No. 587, § 3.

 

   4-18-304. Technical requirements for weighing and measuring devices.

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures, published in the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 4.

 

   4-18-305. Requirements for packaging and labeling.

The Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 5.

 

   4-18-306. Requirements for the method of sale of commodities.

The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 6.

 

   4-18-307. Requirements for unit pricing.

The Uniform Unit Pricing Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to unit pricing in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 7.

 

   4-18-308. Requirements for the registration of servicepersons and service agencies for commercial weighing and measuring devices.

The Uniform Regulation for the Voluntary Registration of Service Persons and Service Agencies for Commercial Weighing and Measuring Devices as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to the registration of servicepersons and service agencies in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 8.

 

   4-18-309. Requirements for open dating.

The Uniform Open Dating Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to open dating in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 9.

 

   4-18-310. Requirements for type evaluation.

The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to type evaluation in the state, as adopted, or amended and adopted, by rule of the board. 

History. Acts 2001, No. 587, § 10.

 

   4-18-311. State Weights and Measures Division.

There is hereby created a State Division of Weights and Measures located for administrative purposes within the Arkansas Bureau of Standards of the State Plant Board. The division is charged with, but not limited to, performing the following functions on behalf of the citizens of the state: 

            (a)  Assuring that weights and measures in commercial services within the state are suitable for their intended use, properly installed, and accurate, and are so maintained by their owner or user. 

            (b)  Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold, or purchased within the state. 

            (c)  Making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the division. 

            (d)  Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies. 

            (e)  Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to assure equity among buyers and sellers. 

History. Acts 2001, No. 587, § 11.

 

   4-18-312. Powers and duties of the board.

The board shall: 

            (a)  Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology. 

            (b)  Enforce the provisions of this subchapter. 

            (c)  Issue reasonable regulations for the enforcement of this subchapter, which regulations shall have the force and effect of law. 

            (d)  Establish labeling requirements, establish requirements for the presentation of cost-per-unit information, establish standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and may establish requirements for open dating information. 

            (e)  Grant any exemptions from the provisions of this subchapter or any regulations promulgated pursuant thereto when appropriate to the maintenance of good commercial practices within the state. 

            (f)  Conduct investigations to ensure compliance with this subchapter. 

            (g)  Delegate to appropriate personnel any of these responsibilities for the proper administration of this office. 

            (h)  Test annually the standards for weights and measures used by any city or county within the state, and approve the same when found to be correct. 

            (i)  Have the authority to inspect and test commercial weights and measures kept, offered, or exposed for sale. 

            (j)  Inspect and test, to ascertain if they are correct, weights and measures commercially used: 

                        (1)  in determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count, or, 

                        (2)  in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. 

            (k)  Test all weights and measures used in checking the receipt or disbursement of supplies in every institution, for the maintenance of which funds are appropriated by the General Assembly. 

            (l)  Approve for use, and may mark, such commercial weights and measures as are found to be correct, and shall reject and order to be corrected, replaced, or removed such commercial weights and measures as are found to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The board shall remove from service and may seize the weights and measures found to be incorrect that are not capable of being made correct. 

            (m)  Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this subchapter or regulations promulgated pursuant thereto. In carrying out the provisions of this subsection, the board shall employ recognized sampling procedures, such as are adopted by the National Conference on Weights and Measures and are published in the National Institute of Standards and Technology Handbook 133, "Checking the Net Contents of Packaged Goods". 

            (n)  Prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever the board determines that an existing practice of declaring the quantity of a commodity or setting charges for a service by weight, measure, numerical count, time, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion. 

            (o)  Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce. 

            (p)  Provide for the training of weights and measures personnel, and may also establish minimum training and performance requirements which shall then be met by all weights and measures personnel, whether county, municipal, or state. The director may adopt the training standards of the National Conference on Weights and Measures' National Training Program. 

            (q)  Verify advertised prices, price representations, and point-of-sale systems, as deemed necessary, to determine: (1) the accuracy of prices and computations and the correct use of the equipment, and (2) if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database. In carrying out the provisions of this section, the board shall (i) employ recognized procedures, such as are designated in National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, "Examination Procedures for Price Verification," (ii) issue necessary rules and regulations regarding the accuracy of advertised prices and automated systems for retail price charging (referred to as "point-of-sale systems") for the enforcement of this section, which rules shall have the force and effect of law; and (iii) conduct investigations to ensure compliance. 

History. Acts 2001, No. 587, § 12.

 

   4-18-313. Special police powers.

When necessary for the enforcement of this subchapter or regulations promulgated pursuant thereto, the board is: 

            (a)  Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, he/she shall first present his/her credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained. 

            (b)  Empowered to issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. 

            (c)  Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this subchapter or regulations promulgated pursuant thereto. 

            (d)  Empowered to stop any commercial vehicle and, after presentation of his credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in his possession concerning the contents, and require him to proceed with the vehicle to some specified place for inspection. 

            (e)  With respect to the enforcement of this subchapter, the board is hereby vested with special police powers, and is authorized to arrest, with warrant, any violator of this subchapter. 

History. Acts 2001, No. 587, § 13.

 

   4-18-314. Powers and duties of local officials.

Any weights and measures official appointed for a county or city shall have the duties and powers enumerated in this subchapter, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state. 

History. Acts 2001, No. 587, § 14.

 

   4-18-315. Misrepresentation of quantity.

No person shall: 

            (a)  sell, offer, or expose for sale a quantity less than the quantity represented, nor 

            (b)  take more than the represented quantity when, as buyer, he/she furnishes the weight or measure by means of which the quantity is determined, nor 

            (c)  Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person. 

History. Acts 2001, No. 587, § 15.

 

   4-18-316. Misrepresentation of pricing.

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. 

History. Acts 2001, No. 587, § 16.

 

   4-18-317. Method of sale.

Except as otherwise provided by the State Plant Board, or by firmly established trade custom and practice: 

            (a)  commodities in liquid form shall be sold by liquid measure or by weight, and 

            (b)  commodities not in liquid form shall be sold by weight, by measure, or by count. 

 

   The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. 

History. Acts 2001, No. 587, § 17.

 

   4-18-318. Sale from bulk.

All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the State Plant Board, shall be accompanied by a delivery ticket containing the following information: 

            (a)  the name and address of the buyer and seller; 

            (b)  the date delivered; 

            (c)  the quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made; 

            (d)  the unit price, unless otherwise agreed upon by both buyer and seller; 

            (e)  the identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and, 

            (f)  count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages. 

History. Acts 2001, No. 587, § 18.

 

   4-18-319. Information required on packages.

Except as otherwise provided in this subchapter or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: 

            (a)  the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container; 

            (b)  the quantity of contents in terms of weight, measure, or count; and, 

            (c)  the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed. 

History. Acts 2001, No. 587, § 19.

 

   4-18-320. Declarations of unit price on random weight packages.

In addition to the declarations required by § 4-18-319, any package being one (1) of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound and the total selling price of the package. 

History. Acts 2001, No. 587, § 20.

 

   4-18-321. Advertising packages for sale.

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. 

History. Acts 2001, No. 587, § 21.

 

   4-18-322. Prohibited acts.

No person shall: 

            (a)  use or have in possession for use in commerce any incorrect weight or measure; 

            (b)  sell or offer for sale for use in commerce any incorrect weight or measure; 

            (c)  remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority; 

            (d)  hinder or obstruct any weights and measures official in the performance of his or her duties; or, 

            (e)  violate any provisions of this subchapter or regulations promulgated under it. 

History. Acts 2001, No. 587, § 22.

 

   4-18-323. Civil penalties.

Assessment of penalites. Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of:   

            (a)  not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation. 

            (b)  not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation, and 

            (c)  not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation. 

 

   For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in § 4-28-322. 

 

   Administrative hearing. Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.  The board or subcommittee thereof is authorized to conduct the hearing after giving appropriate notice to the respondent.  The decision of the board shall be subject to appropriate judicial review.  

 

   Collection of penalties. If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.  If the respondent fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.  Any civil penalty collected under this section shall be transmitted to the Plant Board Fund. 

History. Acts 2001, No. 587, § 23.

 

   4-18-324. Criminal penalties.

Misdemeanor. Any person who intentionally commits any of the acts enumerated in § 4-18-322 shall be guilty of a Class A misdemeanor. 

History. Acts 2001, No. 587, § 24.

 

   4-18-325. Restraining order and injunction.

The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this subchapter. 

History. Acts 2001, No. 587, § 25.

 

   4-18-326. Presumptive evidence.

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place. 

History. Acts 2001, No. 587, § 26.

 

   4-18-327. Regulations to be unaffected by repeal of prior enabling statute.

The adoption of this subchapter or any of its provisions shall not affect any regulations promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this subchapter or modified or revoked by the State Plant Board. 

History. Acts 2001, No. 587, § 27.

 

   4-18-328. Regulations.

The Arkansas Bureau of Standards may by regulation adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., adopt as a regulation of the bureau specifications, tolerances, and regulations for commercial weighing and measuring devices set out in the National Institute of Standards and Technology Handbooks 44 and 130, or in any similar publication issued by the National Institute of Standards. In drafting the regulations, the bureau shall consider whether the specifications, tolerances, and regulations published by the National Institute of Standards and Technology are consistent with the needs of Arkansas businesses and consumers and may modify, amend, or delete suggested language found in the National Institute of Standards and Technology handbooks. 

History. Acts 2001, No. 587, § 28.

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