CHAPTER 752

WEIGHT AND MEASUREMENT OF SPECIFIC ARTICLES

Table of Contents

Sec. 43-17. Pound, hundredweight, ton, barrel, gallon.

Sec. 43-18. Bushel. Charcoal, flour, potatoes.

Sec. 43-19. Weight of bushel in various articles. Penalty.

Sec. 43-19a. Sale and advertising of poultry to be by weight.

Sec. 43-20. Bulk grains, feeds and feedstuffs to be sold by weight.

Sec. 43-21. Seals on containers or vehicles.

Sec. 43-22. Penalty.

Sec. 43-23. Manufacture, sale and use of milk bottles.

Sec. 43-24. Testing machines used in weighing milk or cream.

Sec. 43-25. Weight of sand and gravel.

Sec. 43-26. Saw logs.

Sec. 43-27. Fuel wood: Definitions. Measurers of wood. Sale of fuel wood by cord, volume or weight. Regulations.

Sec. 43-28. Sale of coal and coke by weight.

Sec. 43-29. Location of scales. Fee for testing scales outside the state.

Sec. 43-30. Not to apply to foreign or interstate commerce.

Sec. 43-31. Sale of preheated petroleum products to be by weight.

Sec. 43-32. Delivery tickets, requirements.

Sec. 43-33. Public weighers to secure tare weight.

Sec. 43-34. Penalty.

Sec. 43-35. Exemptions.

Sec. 43-36. Definition.

Sec. 43-37. Sale of liquefied petroleum gas in containers.

Sec. 43-38. Sale in package form.

Sec. 43-39. Delivery tickets. Units of sale.

Sec. 43-40. Sealing of meters.

Sec. 43-41. Variations from marked weight.

Sec. 43-42. Regulations.

Sec. 43-43. Penalty.

Sec. 43-44. Exemptions.

Sec. 43-45. Sale and marking of thread.


Sec. 43-17. Pound, hundredweight, ton, barrel, gallon. The avoirdupois pound shall bear to the troy pound the relation of seven thousand to five thousand seven hundred sixty. The hundredweight shall contain one hundred avoirdupois pounds; and the ton, twenty hundredweight. The barrel for liquids shall contain thirty-one and one-half gallons, except the barrel for beer, ale and porter which shall contain thirty-one gallons; and the hogshead, two barrels. The liquid gallon shall contain two hundred thirty-one cubic inches.

(1949 Rev., S. 6757; P.A. 10-32, S. 127.)

History: P.A. 10-32 made technical changes, effective May 10, 2010.

Sec. 43-18. Bushel. Charcoal, flour, potatoes. The bushel in struck measure shall contain twenty-one hundred fifty and forty-two hundredths cubic inches, and in heap measure twenty-five hundred sixty-four cubic inches, except that each bushel of charcoal shall contain twenty-seven hundred forty-eight cubic inches. When sold by weight, the bushel of charcoal shall weigh twenty pounds when commercially dry; the barrel of flour, one hundred ninety-six pounds, and the barrel of potatoes, one hundred fifty pounds.

(1949 Rev., S. 6758; P.A. 10-32, S. 128.)

History: P.A. 10-32 made technical changes, effective May 10, 2010.

Sec. 43-19. Weight of bushel in various articles. Penalty. Section 43-19 is repealed.

(1949 Rev., S. 6759; 1969, P.A. 90.)

Sec. 43-19a. Sale and advertising of poultry to be by weight. The sale and advertising of dressed poultry and dressed poultry parts at retail shall be made on the basis of weight, except when such poultry or poultry parts are sold for immediate consumption on the premises where sold.

(1959, P.A. 431.)

Sec. 43-20. Bulk grains, feeds and feedstuffs to be sold by weight. “Bulk grains, feeds and feedstuffs”, as used in this section and section 43-21, means all such substances sold or offered for sale in loose form and delivered to or from a vehicle, truck, compartment or container in quantities of one hundred pounds or more. Quantity determination in the sale of bulk grains, feeds and feedstuffs shall be by avoirdupois weight. All bulk grains, feeds and feedstuffs sold or offered for sale in this state shall be sold or offered for sale in accordance with the provisions of this section and section 43-21, except that the Commissioner of Consumer Protection may upon request approve in writing the use of other methods of determining the true net weight of the contents of the container, compartment, truck or vehicle used to transport such bulk grain, feeds or feedstuffs. No person shall deliver grains, feeds or feedstuffs in bulk without first having such grains, feeds or feedstuffs weighed by a public weigher on stationary scales, suitable for the weighing of bulk grains, feeds or feedstuffs, which have been tested and scaled by an authorized sealer or inspector of weights and measures. Each vehicle, truck, compartment or container of bulk grains, feeds and feedstuffs while in transit delivery shall be accompanied by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink or other indelible substance (a) in pounds avoirdupois the gross and tare weights of the vehicle, truck, compartment or container; (b) the net weight of bulk grains, feeds and feedstuffs contained in such vehicle, truck, compartment or container; (c) the name and address of the seller; (d) the name and address of the buyer; (e) the signature and license number of the public weigher; and (f) the date of the weighing. One of such duplicate delivery tickets shall be surrendered, upon demand, to any sealer or inspector of weights and measures for his inspection; and such ticket or, when such sealer desires to retain one of the duplicate tickets, a weight slip issued and signed and dated by the sealer or inspector shall be delivered to the buyer or his agent or representative at the time of delivery of such grains, feeds or feedstuffs, and the other duplicate ticket shall be retained by the seller for a period of one year, during which time it shall be subject to inspection by a sealer or inspector of weights and measures. If the buyer takes such grains, feeds or feedstuffs from the vendor’s place of business, a delivery ticket in the form required by this section, signed by a licensed public weigher, shall be given to the buyer or his agent at the time of delivery. No person shall sell or deliver, or attempt or offer to sell or deliver, less than the amount of such grains, feeds or feedstuffs represented by the delivery tickets therefor, provided a tolerance of five pounds to the ton shall be allowed. No public weigher shall weigh grains, feeds or feedstuffs delivered to a vehicle, truck, compartment or container for transportation purposes and sign a delivery ticket therefor unless he has first weighed the vehicle, truck, compartment or container, empty, on the same scale, in order to determine the tare weight and the true net weight of the contents of the vehicle, truck, compartment or container.

(1957, P.A. 585, S. 1; P.A. 79-280; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: P.A. 79-280 required that bulk grains, etc., be sold or offered for sale “in accordance with this section and section 43-21” rather than “by weight” and added exception re alternate methods of determining true weight; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 43-21. Seals on containers or vehicles. Each container, compartment, truck or vehicle containing grain, feeds or feedstuffs which have been weighed by a public weigher shall have a lead-wire seal or seals affixed in such a manner that no loss or delivery of the contents may be made without destroying or mutilating the seal or seals. Each container, compartment, truck or vehicle transporting bulk grain, feeds or feedstuffs while in transit delivery shall remain sealed until delivery is completed. The actual net weight of the contents of a container, compartment, truck or vehicle of grain, feeds or feedstuffs shall be stated in the receipt or bill effecting deliveries between the seller and buyer of such grain, feeds or feedstuffs. Grain, feeds or feedstuffs packed in bags or sacks used in bulk delivery to the buyer, when the bags and sacks are representative of the quantity contained in the container, compartment, truck or vehicle used for transporting or delivering such commodities, shall bear the name, brand or trademark under which the article is sold, and the net weight of the contents shall appear distinctly on a label or as a printed statement affixed to each bag or sack. The provisions of this section shall not apply to deliveries by barge or railway track car.

(1957, P.A. 585, S. 2.)

Sec. 43-22. Penalty. Any person who violates any provision of section 43-20 or 43-21 shall be fined not more than two hundred dollars or imprisoned not more than six months.

(1957, P.A. 585, S. 3.)

Sec. 43-23. Manufacture, sale and use of milk bottles. Typical glass milk bottles conforming to the requirements of this section may be used and reused as liquid measures in dispensing milk, skimmed milk, buttermilk or cream. Containers made of paper composition or similar substance may be used in dispensing such commodities, but shall not be used more than once. Bottles may be made in the following capacities only: Four quarts, three quarts, two quarts, one quart, one pint, ten fluid ounces, one-half pint and one gill. All such bottles shall be so made as to hold their rated capacity when filled to a well-defined mark and, when in use, shall be so filled. Each milk bottle shall be clearly and permanently marked with its capacity, with the word “Sealed” and, for purposes of identification, with the name, initials or trademark of the manufacturer and the manufacturer’s mold designation which identifies the pattern or design of the bottle. The capacity designation and the word “Sealed” shall not be on the bottom of the bottle. Each manufacturer of bottles selling marked bottles in this state shall register, with the Commissioner of Weights and Measures, his name and address and the mark, designated by said commissioner, by which his bottles may be clearly distinguished from the bottles of other manufacturers. Said commissioner shall prepare a table of tolerances to be allowed in excess or deficiency on individual bottles and on the average capacity of bottles in any one lot, a copy of which table of tolerances shall be furnished to all sealers of weights and measures and to other interested persons. Any person receiving, in this state, a shipment of new milk bottles in a quantity equal to one gross or more shall immediately notify the municipal sealer of weights and measures having jurisdiction, and such sealer, being so notified, shall immediately proceed to examine a reasonable number of such bottles and shall ascertain whether the bottles are accurate in capacity within the tolerances to be allowed in excess or deficiency on individual bottles, and on the average capacity of bottles, as prepared by said commissioner. If such bottles are found to be accurate within the specified tolerances, the sealer shall notify the owner of his finding and permit the use of such bottles in this state. When he finds that the bottles are inaccurate beyond the limits of the tolerances in excess or deficiency as to individual bottles, or inaccurate beyond the prescribed tolerance for the average bottle, he shall immediately impound such bottles and hold them in his possession for a period of not less than ten days. On making such seizure, he shall immediately notify both the purchaser and the manufacturer of such bottles and, at the end of thirty days from seizure, he may destroy such bottles. Any person who, by himself or by his agent or as the servant or agent of another, violates the provisions of this section shall be subject to the penalties provided in section 43-9.

(1949 Rev., S. 6766; 1949, S. 2880d; September, 1957, P.A. 12, S. 1; 1959, P.A. 33; 152, S. 62; P.A. 75-168.)

History: 1959 acts provided for four-quart bottles and deleted reference to county sealers of weights and measures; P.A. 75-168 authorized three-quart bottles.

Sec. 43-24. Testing machines used in weighing milk or cream. The Commissioner of Weights and Measures, or his deputy or inspectors at his direction, shall inspect and ascertain the correctness of all weights, scales, beams, instruments or mechanical devices used by any person, firm or corporation engaged in the business of purchasing milk or cream by weight. They may, for such purpose, and in the general performance of their official duties, enter, without warrant, into any place, building or premises. Said commissioner, or his deputy or inspectors, shall seal any such weighing instrument or instruments or apparatus found to be correct, and may seize and destroy any such instrument or apparatus found to be incorrect.

(1949 Rev., S. 6767; 1955, S. 2881d.)

Sec. 43-25. Weight of sand and gravel. A cubic yard of sand shall contain twenty-six hundred pounds, and a cubic yard of gravel, twenty-eight hundred pounds.

(1949 Rev., S. 6760.)

Sec. 43-26. Saw logs. The international log rule is adopted as the standard log rule for determining the board foot content of saw logs and all contracts entered into for the purchase and sale of saw logs shall be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon.

(1949 Rev., S. 6761.)

Sec. 43-27. Fuel wood: Definitions. Measurers of wood. Sale of fuel wood by cord, volume or weight. Regulations. (a) As used in this section, “fuel wood” means any kindling, logs, boards, timbers, chips or other wood, split or not split, natural or processed, which is advertised, offered for sale or sold as fuel; “commercial dealer” means any person who sells more than twenty-five cords or sixty-five tons of fuel wood in any one year; “seasoned wood” means any fuel wood which is cut and air dried for at least six months or if sold by weight which is cut and air dried under cover for at least six months.

(b) The appointing authority of each town may appoint annually, and more often if necessary, two or more of its inhabitants to be measurers of wood offered for sale within the town, who shall be sworn and shall receive such compensation for their services as the town may prescribe. Any such measurer, on request of the owner of any wood so offered for sale, shall, without delay, measure it and sign and give such owner a certificate of its quantity. All fuel wood shall be sold by the standard cord containing one hundred twenty eight cubic feet of compactly piled wood or fractional part of a cord or on the basis of cubic volume, or by weight according to the provisions of subsection (c) of this section. The terms “face cord”, “rack”, “pile”, “truckload” or terms of similar import shall not be used when advertising, offering for sale, or selling fuel wood.

(c) No commercial dealer may sell fuel wood by weight or load or deliver fuel wood sold by weight in any vehicle for transportation unless such fuel wood is weighed by a licensed public weigher, as defined in section 43-16a, on a stationary scale which has been tested and sealed by an authorized sealer or inspector of weights and measures. Any fuel wood sold by weight shall be accompanied by a delivery ticket in duplicate which shall contain the following information: (1) The gross weight of any vehicle transporting such fuel wood; (2) the net weight of such fuel wood; (3) whether such fuel wood is seasoned or green; (4) the price of such fuel wood by weight; (5) the name and license number of the public weigher; (6) the name and address of the buyer and the seller; and (7) the date of such transaction. The commercial dealer shall give the original of such ticket to the customer and shall retain the duplicate for at least one year, which copy shall be subject to inspection by any sealer or inspector of weights and measures. No such dealer may sell or deliver to any customer less than the amount of fuel wood represented on such delivery ticket. No public weigher may weigh fuel wood loaded on a vehicle for transportation unless he has first weighed the vehicle empty on the same scale in order to determine the true net weight of such fuel wood. Any sealer or inspector of weights and measures may require that any vehicle for transportation of fuel wood be weighed at the nearest public scale to verify the information recorded on any delivery ticket. If fuel wood is sold by weight, no commercial dealer may deliver more than one load of such fuel wood at a time.

(d) The Commissioner of Consumer Protection may adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section.

(1949 Rev., S. 612; P.A. 79-281; P.A. 80-251; P.A. 96-41, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: P.A. 79-281 substituted “appointing authority” for “selectmen” and required that wood be sold by standard cord or fractions thereof, prohibiting use of “face cord”, “rack”, “pile”, “truckload”, etc., in advertising, etc.; P.A. 80-251 made previous provisions Subsec. (b), amending them as necessary to conform to new Subsec. (a) which defined “fuel wood”, and added Subsecs. (c) and (d); P.A. 96-41 amended Subsec. (b) to allow sale of wood on the basis of cubic volume; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

Sec. 43-28. Sale of coal and coke by weight. All coal and coke sold, except in accordance with a written agreement with the purchaser otherwise, or offered for sale, in this state, shall be sold or offered for sale by weight. No person, firm or corporation shall deliver any coal or coke without first having the coal or coke weighed by a public weigher on stationary scales suitable for the weighing of coal or coke, which have been tested and sealed by an authorized sealer or inspector of weights and measures. Such coal or coke shall be accompanied while in transit by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink, or other indelible substance, in pounds, the weight of the coal or coke contained in the vehicle or other receptacle, together with the name and address of the seller, the name and address of the purchaser, the signature and license number of the public weigher and the date of weighing, together with the number of bags or sacks of the commodity, when the bags or sacks are representative of the quantity contained in the vehicle used for transporting the coal or coke, provided coal or coke sold or offered for sale in this state in quantities of seventy-five pounds or less, in paper bags, sacks or similar containers, when the name and address of the dealer and the net contents of avoirdupois weight are distinctly and indelibly marked in ink or otherwise on the paper bags, sacks or similar containers, shall be exempt from the provisions of this section requiring delivery tickets and duplicates thereof. One of the duplicate delivery tickets shall be surrendered, upon demand, to any sealer or inspector of weights and measures for his inspection, and the ticket, or, when the sealer desires to retain one of the duplicate tickets, a weight slip, issued by the seller and signed and dated by the sealer or inspector, shall be delivered to the purchaser or his agent or representative, at the time of the delivery of the coal or coke, and the other duplicate ticket shall be retained by the seller for a period of one year, subject to inspection by any sealer or inspector of weights and measures. If the purchaser or his agent takes the coal or coke from the seller’s place of business, a delivery ticket in the form required by this section and signed by a public weigher shall be given to the purchaser or his agent at the time of delivery. No person shall sell or deliver, or attempt to sell or deliver, or offer to sell or deliver less than the amount of coal or coke represented in the delivery tickets therefor, provided a tolerance at the rate of five pounds to the ton shall be allowed for unavoidable wastage and variation in scales. No public weigher shall weigh coal or coke loaded on a vehicle for transportation thereon and sign a delivery ticket therefor, unless he has first weighed the vehicle empty on the same day and on the same scales, in order to determine the true net weight of the load of coal or coke. Any person who violates any provision of this section shall be fined not more than two hundred dollars or imprisoned not more than six months or both.

(1949 Rev., S. 6763; P.A. 81-330, S. 9, 13.)

History: P.A. 81-330 increased from 50 to 75 pounds the quantity of coal sold which is exempt from provisions requiring delivery tickets and duplicates.

Sec. 43-29. Location of scales. Fee for testing scales outside the state. All scales tested and approved by the commissioner shall be located within this state or within an additional adjoining area extending at least five miles, but not more than ten miles, from the state boundaries; the outside boundary of such additional adjoining area beyond the five mile minimum to be fixed by the Commissioner of Weights and Measures and to be based upon the commissioner’s facilities for testing and inspecting scales located outside the state and for maintaining reasonable supervision of weighing at such scales. The commissioner shall charge a fee of ten dollars for testing and approving any scales located outside the state.

(1949 Rev., S. 6764.)

Sec. 43-30. Not to apply to foreign or interstate commerce. No provision of section 43-28 or 43-29 shall apply or be construed to apply to foreign or interstate commerce, except to the extent that such application may be effective under the Constitution of the United States and under the laws of the United States enacted pursuant thereto.

(1949 Rev., S. 6765.)

Sec. 43-31. Sale of preheated petroleum products to be by weight. The quantity of all preheated petroleum products sold, offered for sale or delivered at retail shall be determined by weight, such weighing to be done by a public weigher licensed by the state of Connecticut, who shall weigh such products in the containers or vehicles in which they are to be delivered and on scales that have been tested and sealed by an authorized sealer or inspector of weights and measures.

(1949 Rev., S. 6768.)

Sec. 43-32. Delivery tickets, requirements. Each vehicle or container of such petroleum products while in transit for delivery shall be accompanied by a delivery ticket and a duplicate original thereof, on which shall be distinctly expressed in ink or other indelible substance (a) in pounds, the gross and tare weights of the vehicle or container; (b) the net weight of such petroleum products contained in such vehicle or container and its specific gravity or the gravity determined by accepted standard practice of using the formula of the American Petroleum Institute at sixty degrees Fahrenheit; (c) the quantity of petroleum products so transported expressed in gallons or in barrels computed at forty-two gallons per barrel, the method of determining such gallonage or barrelage to be by accepted standard practice on the basis of the products being at a temperature of sixty degrees Fahrenheit; (d) the name and address of the seller; (e) the name and address of the purchaser; (f) the signature and license number of the public weigher; and (g) the date of the weighing. One of such duplicate delivery tickets shall be surrendered upon demand to any sealer or inspector of weights and measures for his inspection, and such ticket or, when such sealer desires to retain one of the duplicate tickets, a weight slip issued and signed and dated by the sealer or inspector shall be delivered to the purchaser or his agent or representative at the time of delivery of such petroleum products, and the other duplicate ticket shall be retained by the seller for a period of one year, during which time it shall be subject to inspection by a sealer or inspector of weights and measures. If the purchaser takes such petroleum products from the vendor’s place of business, a delivery ticket in the form required by this section, signed by a licensed public weigher, shall be given to the purchaser or his agent at the time of delivery. No person shall sell or deliver, attempt to sell or deliver or offer to sell or deliver less than the amount of such petroleum products represented by the delivery tickets therefor, provided a tolerance at the rate of five pounds to the ton shall be allowed.

(1949 Rev., S. 6769.)

Sec. 43-33. Public weighers to secure tare weight. No public weigher shall weigh such petroleum products loaded on a vehicle or in a container for transportation and sign a delivery ticket therefor unless he has secured the tare weight of the vehicle or the container in which such petroleum products are loaded for the purpose of delivery.

(1949 Rev., S. 6770.)

Sec. 43-34. Penalty. Any person who, by himself or his employee or agent, or as the employee or agent of another, violates any of the provisions of sections 43-31 to 43-33, inclusive, shall (1) for a first offense, be guilty of a class C misdemeanor, and (2) for any subsequent offense, be guilty of a class B misdemeanor.

(1949 Rev., S. 6772; P.A. 12-80, S. 158.)

History: P.A. 12-80 rephrased penalty provisions, changed penalty for first offense from a fine of not less than $20 or more than $200 or imprisonment of not more than 3 months or both to a class C misdemeanor, changed penalty for subsequent offense from a fine of not less than $50 or more than $500 or imprisonment of not more than 1 year or both to a class B misdemeanor and made a technical change.

Sec. 43-35. Exemptions. The provisions of sections 43-31 to 43-34, inclusive, shall not apply to barge, railroad track car or drum deliveries.

(1949 Rev., S. 6771.)

Sec. 43-36. Definition. The term “liquefied petroleum gas”, as used in sections 43-37 to 43-44, inclusive, shall mean and include any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butane, normal or isobutane and butylene.

(1951, S. 2882d.)

Sec. 43-37. Sale of liquefied petroleum gas in containers. When liquefied petroleum gas is offered for sale, sold or delivered in this state in tanks, cylinders or other approved containers, it shall be considered a package except when sale to a consumer is made on a consumption basis. Such sale or delivery on a package basis shall be by net weight which shall be determined by weighing the tank, cylinder or container and its contents before and after filling on scales of approved design and sealed by a sealer of weights and measures. There shall be plainly marked, on the tank, cylinder, container or attached appurtenances, the name or registered symbol of the filling plant, the weight of the empty tank, cylinder or container, including all permanent attachments, but not the valve protecting cap, and the net weight of the contents expressed in avoirdupois pounds.

(1951, S. 2883d.)

Sec. 43-38. Sale in package form. When liquefied petroleum gas is sold or delivered in package form and the cylinder or container is connected to the consumer’s apparatus, such cylinder or container shall neither be disconnected nor removed from the premises before it becomes empty except as may be provided for by contract with the purchaser or consumer. Such cylinder or container shall be weighed by the seller to determine the quantity of liquefied petroleum gas being removed in such cylinder or container and a written receipt issued to the purchaser or consumer stating such quantity, which shall be subject to verification at the dealer distribution point or the filling plant to verify the amount of credit due the customer. A cylinder or container shall be considered empty when the gross weight of the cylinder or container does not exceed the tare weight as marked within the tolerance allowed.

(1951, S. 2884d.)

Sec. 43-39. Delivery tickets. Units of sale. Each delivery of liquefied petroleum gas on a package basis in tanks, cylinders or containers to consumers and each delivery of liquefied petroleum gas from vehicle tank or other vessel into tanks, cylinders or containers connected to consumer apparatus when sale is based on a quantity so delivered shall be accompanied by a delivery ticket and a duplicate thereof, on which shall be distinctly expressed, in ink or other indelible substance, the net weight or volume of such liquefied petroleum gas delivered together with the name of the seller and the name of the purchaser of such liquefied petroleum gas. One of such tickets shall be surrendered upon demand to the sealer of weights and measures for his inspection. When the sealer desires to retain the customer’s ticket, a delivery slip issued by the seller or his agent shall be delivered upon request to the purchaser, or his agent or representative, of such liquefied petroleum gas and the other ticket shall be retained by the seller. The weight of liquefied petroleum gas and the tanks, cylinders or containers into which it is delivered, sold or stored, when sold by weight, shall be expressed in avoirdupois pounds and the weight determined on scales of approved design and sealed by a sealer of weights and measures. Liquefied petroleum gas shall be sold or offered for sale by avoirdupois weight, liquid measure or cubic foot; provided nothing herein shall be interpreted so as to prohibit the sale of liquefied petroleum gas by other units employed prior to October 1, 1951, by industry and accepted by the trade and approved by the Commissioner of Weights and Measures if the meter or scale and the invoice clearly indicate to the consumer the equivalent of such unit in avoirdupois pounds or fractions thereof. All meters and scales employed in the sale or delivery of liquefied petroleum gas shall be of a type approved by said commissioner.

(1951, S. 2885d.)

Sec. 43-40. Sealing of meters. Meters for measuring liquefied petroleum gas sold in the vapor state shall be sealed by the manufacturer thereof as hereinafter provided or by a sealer of weights and measures. The Commissioner of Weights and Measures shall prescribe regulations including specifications and tolerances governing the testing and sealing of such meters by the manufacturers and method of determining quantity of liquefied petroleum gas, and may authorize any manufacturer to seal such meters upon written agreement to conform to such regulations. Said commissioner may at any time for cause revoke the authority so given by him to any manufacturer.

(1951, S. 2886d.)

Sec. 43-41. Variations from marked weight. When liquefied petroleum gas is sold or offered for sale by weight, variations at the rate of one pound per one hundred pounds plus or minus the marked net weight of the container are permitted in individual containers, but the average weight of not less than twelve containers shall not be less than the marked net weight of the container. When measured by meter, the meter and pertinent equipment must be such as to assure accurate measurement within plus or minus one per cent.

(1951, S. 2887d.)

Sec. 43-42. Regulations. The Commissioner of Weights and Measures is authorized after a public hearing held to establish and promulgate such rules, regulations, specifications and tolerances to supplement and give full effect to the provisions of sections 43-36 to 43-44, inclusive, as he deems necessary. The commissioner may issue as regulations those specifications, tolerances and regulations for commercial weighing and measuring devices adopted by the National Conference on Weights and Measures set forth in the National Institute of Standards and Technology Handbook 44, as amended, of the United States Department of Commerce and incorporate them by reference. Such rules, regulations, specifications and tolerances shall have the force and effect of law. In addition to any provisions adopted by the National Conference on Weights and Measures, the commissioner shall not require any person to acquire a weighing or measuring device or instrument that exceeds the weighing or measuring needs of the business in which such device or instrument is employed.

(1951, S. 2889d; 1963, P.A. 47; P.A. 90-125, S. 5; P.A. 96-259, S. 8.)

History: 1963 act authorized issuance of specifications, tolerances and regulations for commercial weighing and measuring devices adopted by National Conference on Weights and Measures as regulations of this state; P.A. 90-125 made technical change, substituting National Institute of Standards and Technology for National Bureau of Standards; P.A. 96-259 prohibited the commissioner from requiring any person to acquire a device that exceeds the needs of the business in which such device is employed.

Sec. 43-43. Penalty. Any person who, by himself or by his agent or servant, or as the servant or agent of another, violates any provision of sections 43-37 to 43-42, inclusive, shall be subject to the penalties provided in section 43-9.

(1951, S. 2888d.)

Sec. 43-44. Exemptions. The provisions of sections 43-36 to 43-43, inclusive, shall not apply to interstate tank car and transport truck deliveries to bulk storage, or to public utility systems using pipes or other fixtures in the public highways or streets for the transmission of liquefied petroleum gas and operating under the jurisdiction of the Public Utilities Regulatory Authority of this state, or to any public service company whose operations are subject to the jurisdiction of the Public Utilities Regulatory Authority.

(1951, S. 2890d; P.A. 75-486, S. 65, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 334, 348; P.A. 11-80, S. 1.)

History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced the authority with the division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and abolished the department of business regulation; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011.

Sec. 43-45. Sale and marking of thread. No person shall keep for the purpose of sale, offer or expose for sale or sell any sewing, basting, mending, darning, crochet, tatting, handknitting or embroidery thread, put up or packaged in advance of sale on spools, tubes, cones or bobbins or in balls, skeins or other similar forms, hereinafter referred to as units, for either wholesale or retail sale, unless each of such units is definitely, plainly and conspicuously marked to show the net weight in terms of avoirdupois pounds and ounces or the length in yards of such thread, subject to the provisions of this section. When the net weight of such thread, in or on any such unit, is less than two avoirdupois ounces, such unit shall be marked to show the length of such thread in yards as unwound from the unit. Ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net weight or measure of the thread on each bobbin. Any two or more similar individual units of thread, sold only for household use and not sold separately, which are contained in a single package shall not be required to be individually marked but such package shall be marked to show the number of individual units in such package and the net weight or measure of the thread in each individual unit, unless such individual units are separately marked. The markings required by this section shall, in all cases, be in combination with the name and place of business of the manufacturer or distributor of the thread, or with a trademark, symbol, brand or other mark which positively identifies such manufacturer or distributor and which shall be filed with the Commissioner of Weights and Measures. The net content of any such unit of thread shall be determined by ascertaining the average net weight or yardage of not less than ten units of thread of the same type and of the same kind of unit, selected at random from such units kept for the purpose of sale, sold, exposed or offered for sale. Such average net weight or yardage shall not be more than three per cent less than the weight or yardage marked on such units or the package containing such units. Regulations for the enforcement of the provisions of this section shall be issued by the Commissioner of Weights and Measures. The provisions of this section shall not apply to wool or to textile products made in whole or in part of wool. Any person who, by himself, his employee or agent, or as the employee or agent of another, violates any of the provisions of this section shall be subject to the penalties provided for in section 43-9.

(1949 Rev., 6762; 1951, S. 2878d.)