Legislation
SECTION 192-F
Bulk sales or transportation; coal and coke
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 192-f. Bulk sales or transportation; coal and coke. 1. This section
shall apply to the bulk sale or transportation of coal, coke, feed for
domestic animals, fertilizer, lime and household goods, and any other
commodity or article sold or transported by weight as the commissioner
may prescribe in regulations. Bulk sale means the sale of any
unpackaged commodity when the weight thereof forms a basis for the
amount of the sale. Bulk transportation means the transportation of any
article when the weight thereof forms a basis for the amount charged by
the transporter. This section shall not apply to the sale or
transportation of entire rail carload or shipload lots. The commissioner
may by regulation exempt from this section bulk sales or transportation
in small lots, defined by quantity, selling price or any other
appropriate standard prescribed by the commissioner.
2. Coal and coke sold in bulk shall be sold by weight.
3. The seller or transporter of any commodity or article covered by
this section shall provide the buyer or person for whom transportation
is made, at the time of delivery, with a weight ticket issued by a
licensed weighmaster. Such weight ticket shall bear the name and
address of the seller in the case of a sale and of the transporter in
the case of transportation, the date when weighed, and the full
signature and license number of the weighmaster. The ticket shall also
bear the gross weight of the loaded vehicle, the tare weight of the
empty vehicle and the net weight of the commodity or article delivered.
If the weight of the product is determined prior to or in the process of
loading, the ticket shall bear the net weight of the product and need
not bear the gross and tare weights.
4. The operator of any vehicle employed in the delivery of a commodity
or article covered by this section shall have in his possession the
weight ticket required herein. Any weights and measures official who
finds such commodity or article ready for or in process of delivery by
vehicle may direct the seller, transporter or vehicle operator to convey
the vehicle to an available stationary scale suitable for weighing the
loaded vehicle. Such official shall thereupon determine the gross weight
of the vehicle and commodity or article and shall direct the seller,
transporter or vehicle operator to return to such scale immediately
after delivery of the commodity or article, and upon such return such
official shall determine the tare weight of the vehicle without load. No
seller, transporter or vehicle operator shall fail to take the vehicle,
upon the direction of such official, to the scale as aforesaid or refuse
to permit the vehicle to be weighed as provided in this section.
shall apply to the bulk sale or transportation of coal, coke, feed for
domestic animals, fertilizer, lime and household goods, and any other
commodity or article sold or transported by weight as the commissioner
may prescribe in regulations. Bulk sale means the sale of any
unpackaged commodity when the weight thereof forms a basis for the
amount of the sale. Bulk transportation means the transportation of any
article when the weight thereof forms a basis for the amount charged by
the transporter. This section shall not apply to the sale or
transportation of entire rail carload or shipload lots. The commissioner
may by regulation exempt from this section bulk sales or transportation
in small lots, defined by quantity, selling price or any other
appropriate standard prescribed by the commissioner.
2. Coal and coke sold in bulk shall be sold by weight.
3. The seller or transporter of any commodity or article covered by
this section shall provide the buyer or person for whom transportation
is made, at the time of delivery, with a weight ticket issued by a
licensed weighmaster. Such weight ticket shall bear the name and
address of the seller in the case of a sale and of the transporter in
the case of transportation, the date when weighed, and the full
signature and license number of the weighmaster. The ticket shall also
bear the gross weight of the loaded vehicle, the tare weight of the
empty vehicle and the net weight of the commodity or article delivered.
If the weight of the product is determined prior to or in the process of
loading, the ticket shall bear the net weight of the product and need
not bear the gross and tare weights.
4. The operator of any vehicle employed in the delivery of a commodity
or article covered by this section shall have in his possession the
weight ticket required herein. Any weights and measures official who
finds such commodity or article ready for or in process of delivery by
vehicle may direct the seller, transporter or vehicle operator to convey
the vehicle to an available stationary scale suitable for weighing the
loaded vehicle. Such official shall thereupon determine the gross weight
of the vehicle and commodity or article and shall direct the seller,
transporter or vehicle operator to return to such scale immediately
after delivery of the commodity or article, and upon such return such
official shall determine the tare weight of the vehicle without load. No
seller, transporter or vehicle operator shall fail to take the vehicle,
upon the direction of such official, to the scale as aforesaid or refuse
to permit the vehicle to be weighed as provided in this section.