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).
Structure South Carolina Code of Laws
Chapter 9 - Weights And Measures
Section 39-9-30. Certain weighing devices are subject to standards and inspection.
Section 39-9-50. State's primary standards; verification of secondary standards.
Section 39-9-62. Requirements for packaging and labeling of commodities.
Section 39-9-64. Requirements for method of sale of commodities.
Section 39-9-66. Requirements for type evaluation.
Section 39-9-70. Duties of Commissioner of Agriculture.
Section 39-9-80. Inspection and testing of moisture meters.
Section 39-9-90. Powers of Commissioner of Agriculture.
Section 39-9-100. Powers and duties of county and municipal weights and measures officials.
Section 39-9-110. Selling less or taking more than quantity represented prohibited.
Section 39-9-120. Misrepresentation of price prohibited; display of price.
Section 39-9-130. Standard cord-equivalent weights for pulpwood.
Section 39-9-140. Measures by which commodities are sold.
Section 39-9-160. Information on packages.
Section 39-9-170. Situation in which package must show price per single unit of weight.
Section 39-9-180. Declaration of quantity required in advertisement stating retail price.
Section 39-9-190. Sale of leaf tobacco; weights and measures in auction warehouse.
Section 39-9-200. Unlawful acts.
Section 39-9-203. Civil penalties; civil action to recovery penalty.
Section 39-9-206. Administrative hearing before assessment of a civil penalty; amount of penalty.
Section 39-9-208. Unlawful acts; criminal penalties.
Section 39-9-210. Restraining orders, temporary or permanent injunctions.
Section 39-9-220. Presumption as to use of weight, measure, or weighing or measuring device.