§ 4-18-301 - Definitions.
               	 		
4-18-301.    Definitions.
    For purposes of this subchapter:
      (1)  "Accurate"  means a piece of equipment whose value or performance, including its  indications, deliveries, records representations, capacity, or actual  value, conforms to the standard within the applicable tolerances and  other performance requirements.
      (2)  "Board" means the State Plant Board.
      (3)  "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.
      (4)  "Commodity" means an article of commerce.
      (5)  "Correct"  as used in connection with weights and measures means conformance to  all applicable specification requirements of this subchapter.
      (6)  "Director" means the Director of the State Plant Board.
      (7)  "Investigator" means a state investigator of weights and measures.
      (8)  "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.
      (9)    (A)  "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:
                  (i)  Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or
                  (ii)  Whose weight or measure has been determined in advance of wholesale or retail sale.
            (B)  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)  "Person"  means both plural and the singular, as the case demands, and includes  individuals, partnerships, corporations, companies, societies, and  associations.
      (11)  "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.
      (12)  "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.
      (13)  "Registered  service agent" means any individual, agency, firm, company, or  corporation that for hire, commission, or other payment of any kind  installs, services, calibrates, repairs, or reconditions a commercial  weighing or measuring device, and that registers with the Director of  the Arkansas Bureau of Standards.
      (14)  "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.
      (15)  "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.
      (16)  "Sell" or "sale" means to barter or exchange.
      (17)  "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.
      (18)  "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.
      (19)    (A)  "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 instruments and devices.
            (B)  The  term "weight(s) and measure(s)" shall not be construed to include  meters for the measurement of electricity, natural or manufactured gas,  or water when they are operated in a public utility system. Electricity,  gas, and water meters are specifically excluded from this section.