South Carolina § 39-9-20 - Definitions.

§ 39-9-20. Definitions.

When used in this chapter:

(1) "Weights or measures", or both, means all weights and measures of every kind, instruments, and devices for weighing and measuring and an appliance and accessories associated with the instruments and devices.

(2) "Weight" as used in connection with a commodity or service means net weight. It means net drained weight when a commodity is sold by drained weight.

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

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

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

(6) "Commissioner" means the Commissioner of Agriculture of South Carolina.

(7) "Person" means both plural and singular, as applicable, 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)(a) Except as modified by application of the uniform packaging and labeling regulation, "package", standard or random, means a 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 a commodity on which there is marked a selling price based on an established price for each unit of weight or measure is considered a package.

(10) "Net weight" means the weight of a commodity excluding 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, depending on the type of service rendered, packaging materials may be considered to be part of the service. The service of shipping includes the weight of packaging materials.

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

(12) "Standard weight" package means a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations.

HISTORY: 1962 Code SECTION 66-152; 1971 (57) 241; 1994 Act No. 501, SECTION 2, eff August 25, 1994.

Effect of Amendment

The 1994 amendment revised definitions and references to conform to federal law and added paragraphs (8)-(12).