§ 2651. Definitions

As used in this chapter, the following words and phrases have the following meanings:

(1) "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.

(2) "Commercial weighing and measuring device" shall be construed to include any weight or measure or weighing or measuring device 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, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when that accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device.

(3) "Secretary" means the Secretary of the Agency of Agriculture, Food and Markets, or his or her designee.

(4) "Dealer in weighing or measuring devices" means any person or employee thereof who sells, buys, exchanges or trades commercial weighing or measuring devices in the State.

(5) Definitions of special units of measure. The term "barrel," when used in connection with fermented liquor, means a unit of 31 gallons. The term "ton" means a unit of 2,000 pounds avoirdupois weight. The term "cord" means the amount of wood that is contained in a space of 128 cubic feet and a run of wood is 42 2/3 cubic feet when the wood is ranked and well stowed.

(6) "Inspector" means a State inspector of weights and measures.

(7) "Intrastate commerce" means commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Vermont, and the phrase "introduced into intrastate commerce" shall be construed to define the time and place at which the first sale and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(8) "Licensed public weighmaster" means a natural person licensed under this chapter.

(9) "Maple syrup; legal weight and measure" means the legal weight of a gallon of maple syrup shall not be less than 11.07 pounds and the legal measure thereof shall be 231 cubic inches (128 fluid ounces) at 68 degrees F. Whenever maple syrup is sold by the gallon, quart, pint, or gill, or multiple fraction thereof, it must be sold according to that legal weight and measure.

(10) "Person" means both the plural and singular, as the case demands and includes individuals, partnerships, corporations, companies, societies, and associations.

(11) "Service person of weighing and measuring devices" means any person or employee thereof who installs, services, repairs, or reconditions commercial weighing or measuring devices in the state.

(12) "Sell" and "sale" means barter and exchange.

(13) "Standard bushel for apples" means a container having a capacity of not less than one U.S. standard bushel or 2150.42 cubic inches.

[Subdivision (14) effective until the earlier of January 1, 2021 or six months after the National Institute of Standards and Technology adopts code on electric vehicle fueling systems]

(14) "Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices but not including meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. Such electricity, gas, and water meters are specifically excluded from the purview of this chapter, and this chapter shall not apply to such meters or to any appliances or accessories associated therewith.

[Subdivision (14) effective on the earlier of January 1, 2021 or six months after the National Institute of Standards and Technology adopts code on electric vehicle fueling systems]

(14) "Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices including electric vehicle supply equipment available to the public, as defined in subdivision 2730(a)(14) of this title, but not including meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. Such electricity, gas, and water meters are specifically excluded from the purview of this chapter, and this chapter shall not apply to such meters or to any appliances or accessories associated therewith.

(15) "Vehicle" means any device in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. (Added 1967, No. 102, § 2, eff. April 14, 1967; amended 1971, No. 69, § 2, eff. April 15, 1971; 1981, No. 115 (Adj. Sess.); 1991, No. 227 (Adj. Sess.),§§ 2, 7; 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 59, § 31.)