Delaware § 5101 - Definitions; meaning of terms.

§ 5101. Definitions; meaning of terms.

When used in this chapter:

(1) A “certificate of conformance” means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories that indicates that the weights and measures or weighing and measuring device or devices conform with the requirements of National Institute of Standards and Technology Handbook 44 and supplements thereto, or in any publication superseding these publications.

(2) The term “commodity in package form” means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be commodity in package form.

(3) A “consumer package” or “package of consumer commodity” shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.

(4) The term “inspector” means a state inspector of weights and measures.

(5) The term “intrastate commerce” means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of this State, and the phrase “introduced into intrastate commerce” defines the time and place at which the first sale and delivery of a commodity is made within the State, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(6) A “nonconsumer package” or “package of nonconsumer commodity” shall be construed to mean any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.

(7) The word “person” means both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations.

(8) “Ready-to-eat food” is restaurant-style food offered or exposed for sale, whether in restaurants, supermarkets or similar food service establishments, that is ready for consumption, though not necessarily on the premises where sold. “Ready-to-eat food” does not include sliced luncheon products, such as meat, poultry or cheese when sold separately.

(9) The words “sell” and “sale” mean barter and exchange.

(10) The words “weight(s) and (or) measure(s)” mean any weight or measure or weighing or measuring device commercially used or employed in establishing size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered and shall also include any accessory attached to or used in connection with a commercial weighing device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device. This term shall not be construed to include meters for the measurement of electricity, gas (natural or manufactured), telephone service or water when the same are operated in a public utility system. Such electricity, gas, telephone and water meters are specifically excluded from the purview of this chapter, and none of the provisions of this chapter shall apply to such meters or to any appliances or accessories associated therewith.

6 Del. C. 1953, §  5101;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  1;  70 Del. Laws, c. 370, §§  1-3;