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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