Chapter 10 - Weights And Measures
CHAPTER 10 - WEIGHTS AND MEASURES
40-10-101. Repealed By Laws 1993, ch. 160, 3.
40-10-102. Repealed By Laws 1993, ch. 160, 3.
40-10-103. Repealed By Laws 1993, ch. 160, 3.
40-10-104. Repealed By Laws 1993, ch. 160, 3.
40-10-105. Repealed By Laws 1993, ch. 160, 3.
40-10-106. Repealed By Laws 1993, ch. 160, 3.
40-10-107. Repealed By Laws 1993, ch. 160, 3.
40-10-108. Repealed By Laws 1993, ch. 160, 3.
40-10-109. Repealed By Laws 1993, ch. 160, 3.
40-10-110. Repealed By Laws 1993, ch. 160, 3.
40-10-111. Repealed By Laws 1993, ch. 160, 3.
40-10-112. Repealed By Laws 1993, ch. 160, 3.
40-10-113. Repealed By Laws 1993, ch. 160, 3.
40-10-114. Repealed By Laws 1993, ch. 160, 3.
40-10-115. Repealed By Laws 1993, ch. 160, 3.
40-10-116. Repealed By Laws 1993, ch. 160, 3.
40-10-117. Definitions.
(a) Repealed By Laws 2009, Ch. 191, 2.
(b) As used in this chapter:
(i) "Accreditation" means a formal recognition by thenational institute of standards and technology, as a laboratory that iscompetent to carry out specific tests or calibrations or types of tests orcalibrations;
(ii) "Calibration" means a set of operations whichestablishes, under specified conditions, the relationship between valuesindicated by a measuring instrument or measuring system or values representedby a material measure, to the corresponding known values of a measurement;
(iii) "Commerce" means the buying and selling of goods;
(iv) "Commercial weighing and measuring equipment"means weighing and measuring devices commercially used or employed to establishthe size, quantity, extent, area or measurements of goods purchased, offered orsubmitted for sale, hire or award, or in computing a basic charge or paymentfor services;
(v) "Condemned for repairs" means a weight or measurefound to be incorrect and which, following policies set forth by the director,can be repaired. Weights or measures which are condemned for repair shall bemarked as such and be sealed so that the weight or measure cannot be used andis made inoperable until all appropriate repairs are completed;
(vi) "Confiscation and seizure" means that anincorrect weight or measure is taken into custody by the department followingprocedures and policies set forth by the director. Weights or measures whichare confiscated shall be marked as such and if possible shall be removed fromthe premises to the direct custody of the department;
(vii) "Correct" as used in connection with weights andmeasures means conformance to all applicable requirements of this act;
(viii) "Department" means the department of agriculture;
(ix) "Director" means the director of the departmentof agriculture or his duly authorized representative;
(x) "Field standard" means a physical standard thatmeets specifications and tolerances in the National Institute of Standards andTechnology Handbook 105-series standards, is traceable to the reference orworking standards through comparisons or using acceptable laboratory proceduresas adopted by the National Conference on Weights and Measures and published inthe United States Department of Commerce National Institute of Standards andTechnology Handbook 143, "State Weights and Measures Laboratories ProgramHandbook," and is used in conjunction with commercial weighing andmeasuring equipment. All field standards may be defined by rule and regulationand shall be verified upon their initial receipt and as often thereafter asdeemed necessary by the director;
(xi) "International system of units" means themodernized metric system as established in 1960 by the general conference onweights and measures as interpreted or modified for the United States by thesecretary of commerce;
(xii) "Mass" means the same as "weight";
(xiii) "Net weight" means the weight of a commodityexcluding any materials, substances or items not considered to be part of thecommodity. Materials, substances or items not considered to be part of thecommodity include, but are not limited to, containers, conveyances, bags,wrappers, packaging materials, labels, individual piece coverings, decorativeaccompaniments and coupons, except that packaging materials may be consideredto be part of services such as shipping;
(xiv) "Package" means any commodity put up or packagedin any manner in advance of sale in units suitable for either wholesale orretail sale;
(xv) "Physical standard" means weights and measuresthat are traceable to the United States prototype standards supplied by thefederal government, including, but not limited to, standards adopted by theUnited States department of the interior, bureau of land management applicableto onshore oil and gas leases, the United States federal energy regulatorycommission, the United States department of transportation, the state ofWyoming public service commission, or approved as being satisfactory by theNational Institute of Standards and Technology. Physical standards shall bethe state reference and working standards for weights and measures and shall bemaintained in such calibration as prescribed by the National Institute ofStandards and Technology as demonstrated through laboratory accreditation orrecognition;
(xvi) "Primary standards" means the physical standardsof the state that serve as the legal reference from which all other standardsand weights and measures are derived;
(xvii) "Random weight package" means a package that isone of a lot, shipment or delivery of packages of the same commodity with nofixed pattern of weights;
(xviii) "Recognition" means a formal recognition by theNational Institute of Standards and Technology weights and measures divisionthat a laboratory has demonstrated the ability to provide traceable measurementresults and is competent to carry out specific tests or calibrations orspecific types of tests or calibrations;
(xix) "Reference standard" means:
(A) A standard, generally of the highest metrological qualityavailable at a given location, from which measurements made at that locationare derived; or
(B) The physical standards of the state that serve as the legalreference from which all other standards for weights and measures within thatstate are derived.
(xx) "Registered service person" means an individualwho for hire, award, commission or any other payment of any kind, installs,services, repairs or reconditions a commercial weighing or measuring device,and who is registered with the director;
(xxi) "Reject" means a weight or measure found to beincorrect, and following policies set forth by the director may be used untilrepaired. A weight or measure which is rejected shall be marked as such, andmay be used for the period of time specified pursuant to rule and regulation;
(xxii) "Sale from bulk" means a sale of commodities inwhich the quantity is determined at the time of sale;
(xxiii) "Secondary standards" means the physicalstandards that are traceable to the primary standards through comparisons,using acceptable laboratory procedures, and used in the enforcement of weightsand measures laws and regulations;
(xxiv) "Standard package" means a package that is one ofa lot, shipment or delivery of packages of the same commodity with identicalnet contents declarations, such as, one (1) liter bottles or twelve (12) fluidounce cans of carbonated soda, five hundred (500) gram or five (5) pound bagsof sugar, one hundred (100) meter or three hundred (300) foot packages of rope;
(xxv) "Traceability" means the result of a measurementor the value of a standard which can be verified as correct when compared witha national or international standard;
(xxvi) "Uncertainty" means a parameter associated withthe result of a measurement that characterizes the dispersion of the valuesthat could reasonably be attributed to the measurement;
(xxvii) "Verification" means the formal evaluation of astandard or device against the specifications and tolerances for determiningconformance;
(xxviii) "Weight" as used in connection with any commodityor service means net weight. When a commodity is sold by drained weight, theterm means net drained weight. When used in this chapter, "weight"and "mass" have the same meaning;
(xxix) "Weight and measure" means weights and measuresof every kind, instruments and devices for weighing and measuring, and anyappliance or accessory associated with such instruments or devices;
(xxx) "Working standard" means:
(A) A standard that is usually calibrated against a referencestandard and is used routinely to calibrate or check material measures,measuring instruments or reference materials; or
(B) The physical standards that are traceable to the referencestandards through comparisons, using acceptable laboratory procedures and usedin the enforcement of weights and measures laws and regulations.
(xxxi) "This act" or "this chapter" means W.S.40-10-117 through 40-10-136.
40-10-118. Recognized systems.
The system of weights and measures incustomary use in the United States and the metric system of weights andmeasures are jointly recognized, and either one (1) or both of these systemsshall be used for all commercial purposes in the state. The definitions of basicunits of weight and measure, the tables of weight and measure, and weights andmeasures equivalents as published by the United States Department of CommerceNational Institute of Standards and Technology are recognized and shall governweighing and measuring equipment and transactions in the state.
40-10-119. Physical standards.
Weights and measures that are traceable tothe United States prototype standards supplied by the federal government, orapproved by the United States Department of Commerce National Institute ofStandards and Technology, shall be the state primary standards of weights andmeasures, and shall be maintained in such calibration as prescribed by theUnited States Department of Commerce National Institute of Standards andTechnology or demonstrated through laboratory accreditation or recognition. Field standards may be prescribed by the director and shall be verified upontheir initial receipt, and as specified by rule and regulation.
40-10-120. Technical requirements for weighing and measuring devices.
(a) The specifications, tolerances, and other technicalrequirements for commercial, law enforcement, data gathering and other weighingand measuring devices as adopted by the National Conference on Weights andMeasures and published in the United States Department of Commerce NationalInstitute of Standards and Technology Handbook 44, "Specification,Tolerances, and Other Technical Requirements for Weighing and MeasuringDevices," shall apply to weighing and measuring devices in this state, andmay be amended by rule or regulation.
(b) The Uniform Regulation for National Type Evaluation asadopted by the National Conference on Weights and Measures and published in theUnited States Department of Commerce National Institute of Standards andTechnology Handbook 130, "Uniform Laws and Regulations," are adoptedand shall apply to type evaluation in this state, and may be amended by rule orregulation.
40-10-121. Department of agriculture duties and powers.
(a) The department of agriculture shall perform the followingfunctions:
(i) Assure that weights and measures in commercial servicewithin the state are suitable for their intended use, properly installed andaccurate, and are so maintained by their owner or user;
(ii) Prevent unfair or deceptive dealing by weight or measure inany commodity or service advertised, packaged, sold or purchased within thisstate;
(iii) Promote uniformity, to the extent practicable anddesirable, between weights and measures requirements of this state and those ofother states and federal agencies.
(b) Unless requested by the operator of the weighing ormeasuring equipment, the department shall have no authority over weights andmeasures used in activities subject to the authority of the United Statesdepartment of the interior associated with on shore oil and gas, the UnitedStates federal energy regulatory commission, the Wyoming public servicecommission associated with pipelines and utilities or the Wyoming oil and gasconservation commission.
(c) Except as otherwise required by law, rule, regulation orthird party agreement, the department shall have no authority over weights andmeasures used pursuant to a written agreement between the parties using theweighing device.
40-10-122. Powers and duties of the director.
(a) The director shall:
(i) Maintain traceability of the state standards to thenational standards established by the United States Department of CommerceNational Institute of Standards and Technology as demonstrated throughlaboratory recognition or accreditation;
(ii) Enforce the provisions of this act;
(iii) Issue reasonable rules and regulations for the enforcementof this act;
(iv) Grant exemptions from the provisions of this act or anyregulations promulgated pursuant thereto when appropriate for the maintenanceof good commercial practices within the state;
(v) Conduct investigations to ensure compliance with this actand the rules and regulations promulgated pursuant to this act;
(vi) Delegate authority to appropriate personnel as required forthe proper administration and enforcement of this act;
(vii) Inspect and test in a timely manner, weights and measureskept, offered or exposed for sale;
(viii) Promulgate rules and regulations regarding inspecting andtesting weights and measures used commercially, to ascertain if they arecorrect:
(A) In determining the weight, measure or count of commoditiesor things sold, or offered or exposed for sale, on the basis of weight, measureor count; or
(B) In computing the basic charge or payment for servicesrendered on the basis of weight, measure or count.
(ix) Approve for use and mark weights and measures found to becorrect, reject and mark as rejected, condemn and mark as condemned and makeinoperable weights and measures found to be incorrect. Rejected weights andmeasures shall be condemned and made inoperable if not corrected within thetime specified or if used in a manner not specifically authorized;
(x) Weigh, measure or inspect packaged commodities kept,offered or exposed for sale, sold or in the process of delivery to determinewhether they contain the amounts represented and whether they are kept, offeredor exposed for sale in accordance with this act or rules and regulationspromulgated pursuant to this act. In carrying out the provisions of thisparagraph, the director shall employ recognized sampling procedures adopted byNational Conference on Weights and Measures and published in the United StatesDepartment of Commerce National Institute of Standards and Technology Handbook133, "Checking the Net Contents of Packaged Goods;"
(xi) Prescribe, by rule and regulation, the appropriate term,unit of weight or unit of measure to be used, whenever an existing practice ofdeclaring the quantity by weight, measure, numerical count, time or combinationthereof, does not facilitate value comparisons by consumers or may lead toconsumer confusion;
(xii) Allow reasonable variations from the stated quantity ofcontents, to allow for loss or gain of moisture during the course of gooddistribution practice or by unavoidable deviations in good manufacturingpractice only after the commodity has entered intrastate commerce;
(xiii) Establish labeling requirements, requirements for thepresentation of cost-per-unit information, establish standards of weight,measure, count and fill for any packaged commodity and establish requirementsfor open dating information;
(xiv) Verify the field standards for weights and measures used byany jurisdiction or registered service person operating within Wyoming beforebeing put into service, and as often thereafter as deemed necessary by thedirector, and approve the same when found to be correct;
(xv) Provide for registration of persons qualified by trainingand experience to install, service and repair weighing or measuring devices;
(xvi) Provide that only persons who are registered are authorizedto place in service devices which have been rejected or condemned and repairedor newly installed devices, whether new or used, until an official inspectionby an authorized inspector is made;
(xvii) Provide for the training of weights and measures personneland establish minimum training and performance requirements, for all weightsand measures personnel, including county, municipal, state or registeredservicepersons;
(xviii) Verify advertised prices, price representations andpoint-of-sale systems, as necessary to determine:
(A) The accuracy of prices and computations and proper use ofthe equipment; and
(B) The accuracy of prices printed or recalled from a databasein systems utilizing scanning or coding means in lieu of manual entry. Incarrying out the provisions of this paragraph, the director shall:
(I) Employ recognized procedures, as adopted by the NationalConference on Weights and Measures and published in the Untied StatesDepartment of Commerce National Institute of Standards and Technology Handbook130, "Uniform Laws and Regulations, Examination Procedures for Price Verification";and
(II) Conduct inspections and investigations to ensurecompliance.
(xix) Establish fees for testing and inspection, which mayinclude actual hourly cost plus mileage for any inspections requested otherthan the routine inspection. The hourly cost shall be as determined by thedirector and the mileage cost shall be as provided by W.S. 9-3-103;
(xx) Establish reasonable laboratory fees for testing,inspection and calibration of standards or weight and measuring devices.
(b) The director may allow the licensing, testing, inspectionand reporting requirements of this chapter to be conducted electronically asprovided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through40-21-119 and any applicable federal electronic requirements.
40-10-123. Special enforcement powers.
(a) When necessary for the enforcement of this act or rules andregulations promulgated pursuant to this act, the director is:
(i) Authorized to enter any commercial premises open to thepublic during normal business hours. If the premises are not open to thepublic, he shall obtain consent before making entry, or obtain a searchwarrant;
(ii) Empowered to issue stop-use, hold and removal orders withrespect to any weights and measures commercially used or any packagedcommodities or bulk commodities kept, offered or exposed for sale; and
(iii) Empowered to seize, as evidence, any incorrect orunapproved weight, measure, package or commodity found to be used, retained,offered or exposed for sale or sold in violation of the provisions of this actor rules and regulations promulgated pursuant to this act;
(iv) Authorized to report the results of investigations andinspections to the owner or person in charge by hand delivering, mailing orsending electronically.
40-10-124. Powers and duties of local officials.
Any weights and measures official appointedfor a county or city shall have the duties and powers enumerated in this act,excepting those duties reserved to the state by law or regulation. Thesepowers and duties shall extend to their respective jurisdictions, except thatthe jurisdiction of a county official shall not extend to any city for which aweights and measures official has been appointed. No requirement set forth bylocal agencies may be less stringent than or conflict with the requirements ofthe state.
40-10-125. Misrepresentation of quantity or pricing.
(a) No person shall:
(i) Sell, offer or expose for sale less than the quantityrepresented;
(ii) Take more than the represented quantity when he furnishesthe weight or measure by means of which the quantity is determined; or
(iii) Represent the quantity in any manner tending to mislead ordeceive another person.
(b) No person shall misrepresent the price of any commodityoffered, exposed or advertised for sale by weight, measure or count, norrepresent the price in any matter tending to mislead or in any way deceiveanother person.
40-10-126. Method of sale.
(a) Except as otherwise provided by the director, or by firmlyestablished trade custom and practice:
(i) Commodities in liquid form shall be sold by liquid measureor by weight; and
(ii) Commodities not in liquid form shall be sold by weight, bymeasure or by count.
(b) The method of sale shall provide accurate and adequatequantity information that permits the buyer to make price and quantitycomparisons.
40-10-127. Sale of gasoline and distillates on other than gross volumebasis unlawful; exception; "sale" defined.
(a) Except as provided in subsection (b) of this section, thesale of gasoline and distillates, excluding liquified petroleum gas, on atemperature corrected basis or on any basis other than the gross volume ofgasoline or distillate actually delivered is unlawful. Any contract inviolation of this section shall be unenforceable to the extent of theviolation.
(b) Sellers of motor fuel within this state shall offer toprospective purchasers the option to buy the product either by gross gallons oron the assumption that the temperature of the product is sixty degreesFahrenheit (60 F) or the centigradeequivalent. This purchaser option may be exercised only on an annual basis andapplied only to single deliveries of seven thousand five hundred (7,500)gallons or more or the metric equivalent. Any adjustments to volumes during thetemperature compensation process shall be made in accordance with the standardsset by the American Society of Testing Materials.
(c) For purposes of this act, "sale" does not includethe exchange of gasoline or distillate between refiners or transporters ofpetroleum or petroleum products.
40-10-128. Sale from bulk.
(a) Except when the parties agree in advance that a deliveryticket is not required, all bulk sales in which the buyer and seller are notboth present to witness the measurement shall be accompanied by a deliveryticket containing the following information:
(i) The name and address of the buyer and seller;
(ii) The date delivered;
(iii) The quantity delivered and the quantity upon which theprice is based, if this differs from the delivered quantity, such as whentemperature compensated sales are made;
(iv) The identity of the product in the most descriptive termscommercially practicable, including any quality representation made inconnection with the sale; and
(v) The count of individually wrapped packages, for commoditiespurchased from bulk, but delivered in packages;
(vi) The unit price, unless all parties agree the unit price isnot required.
40-10-129. Information required on packages.
(a) Except as otherwise provided in this act or by rule orregulation promulgated pursuant to this act, any package kept for the purposeof sale or offered or exposed for sale shall bear on the outside of the packagea definite, plain and conspicuous declaration of:
(i) The identity of the commodity in the package, unless thesame can easily be identified through the wrapper or container;
(ii) The quantity of contents in terms of weight, measure orcount; and
(iii) The name and place of business of the manufacturer, packeror 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.
40-10-130. Declarations of unit price on random weight packages.
In addition to the declarations required byW.S. 40-10-128, any package in a lot containing random weights of the samecommodity shall include on the outside of the package a plain and conspicuousdeclaration of the price per pound or kilogram and the total selling price ofthe package, at the time it is offered or exposed for sale at retail.
40-10-131. Advertising packages for sale.
Whenever a packaged commodity is advertisedwith the retail price stated, there shall be a conspicuous declaration ofquantity on the package.
40-10-132. Prohibited acts.
(a) No person shall:
(i) Use or possess any incorrect weight or measure for use incommerce;
(ii) Sell or offer for sale any incorrect weight or measure foruse in commerce;
(iii) Remove any tag, seal or mark from any weight or measure orweighing or measuring device, without specific written authorization from theproper authority;
(iv) Hinder or obstruct any weights and measures official in theperformance of his duties;
(v) Use or possess any weight, measure, weighing or measuringdevice that for use in commerce has not been tested and certified as correct bythe department or a registered service person;
(vi) Place any weight, measure, weighing or measuring deviceinto commercial service without having a current certificate of registration asa registered service person; or
(vii) Violate any provision of this act or rules or regulationspromulgated under this act.
40-10-133. Criminal penalties.
Any person who commits any of the actsenumerated in W.S. 40-10-132 is guilty of a misdemeanor, and upon a firstconviction thereof shall be punished by a fine of not more than five hundreddollars ($500.00) or imprisonment for not more than three (3) months, or both. Upon a subsequent conviction within any five (5) year period, he shall be punishedby a fine of not less than five hundred dollars ($500.00) nor more than sevenhundred fifty dollars ($750.00) or by imprisonment for up to six (6) months, orboth.
40-10-134. Restraining order and injunction.
The director is authorized to apply to anycourt of competent jurisdiction for a restraining order, or a temporary orpermanent injunction, restraining any person from violating any provision ofthis act.
40-10-135. Presumptive evidence.
Whenever there shall exist a weight ormeasure or weighing or measuring device in or about any place in which or fromwhich buying or selling is commonly carried on, there shall be a rebuttablepresumption that the weight or measure or weighing or measuring device isregularly used in commerce.
40-10-136. License required; fee.
(a) Every person who owns or is responsible for a weight,measure, weighing or measuring device regulated by this act shall obtain anannual license for each establishment on or before April 1 from the departmentand pay a fee as provided in this subsection. The fees collected by thedepartment under this section shall be deposited in the general fund. Feesshall be set by the department as follows:
(i) Not less than ten dollars ($10.00) nor more thantwenty-five dollars ($25.00) for establishments with no more than five (5)devices;
(ii) Not less than twenty-five dollars ($25.00) nor more thanfifty dollars ($50.00) for establishments with more than five (5) and less thaneleven (11) devices;
(iii) Not more than seventy-five dollars ($75.00) forestablishments with eleven (11) or more devices.
(b) The director shall define premise and inspection locations,including physical addresses and circumstances for special events.
(c) For purposes of this section, "establishment"means a place of business under one (1) management at one (1) physicallocation.