64-01-01. Dry measure.

The standard measure of capacity for commodities sold by dry measure shall be the bushel containing two thousand one hundred fifty and forty-two hundredths cubic inches [35239.07 milliliters]. The half bushel, peck, half peck, quarter peck, quart, and pint shall be derived by successively dividing that measure by two.

64-01-02. Liquid measure.

The standard measure of a capacity for liquids shall be the wine gallon containing two hundred thirty-one cubic inches [3785.41 milliliters]. A barrel shall contain thirty-one and fifty hundredths gallons [119.24 liters] and a hogshead shall contain sixty-three gallons [238.48 liters].

64-01-03. Lineal measure.

The standard measure of length, from which all other measures of extension, lineal, superficial, or solid shall be derived, is the yard of three feet or thirty-six inches [914.40 millimeters].

64-01-04. Hundredweight.

In contracts for the sale of goods or commodities, the term “hundredweight” shall mean one hundred pounds avoirdupois [45.36 kilograms].

64-01-05. Standard weight of bushel.

In contracts for the sale or storage of any of the following articles, the term “bushel” shall mean the number of pounds avoirdupois herein stated:

1. Alfalfa, sixty pounds [27.22 kilograms].
2. Apples, fifty pounds [22.68 kilograms].
3. Apples, dried, twenty-eight pounds [12.70 kilograms].
4. Barley, forty-eight pounds [21.77 kilograms].
5. Beans, sixty pounds [27.22 kilograms].
6. Beans, white runner pole, fifty pounds [22.68 kilograms].
7. Beans, broad windsor, forty-seven pounds [21.32 kilograms].
8. Beans, lima, fifty-five pounds [20.41 kilograms].
9. Blue grass seed, fourteen pounds [6.35 kilograms].
10. Bran, twenty pounds [9.07 kilograms].
11. Beets, sixty pounds [27.22 kilograms].
12. Buckwheat, forty-two pounds [19.05 kilograms].
13. Broom corn seed, thirty pounds [13.61 kilograms].
14. Bromus inermis, fourteen pounds [6.35 kilograms].
15. Corn, shelled, fifty-six pounds [25.40 kilograms].
16. Corn, sweet, forty-eight pounds [21.77 kilograms].
17. Corn, in the ear, seventy pounds [31.75 kilograms].
18. Clover seed, sixty pounds [27.22 kilograms].
19. Coal, stone, eighty pounds [36.29 kilograms].
20. Chestnuts, fifty pounds [22.68 kilograms].
21. Cucumbers, forty-eight pounds [21.77 kilograms].
22. Carrots, forty-five pounds [20.41 kilograms].
23. Cranberries, thirty-six pounds [16.33 kilograms].
24. Flaxseed, fifty-six pounds [25.40 kilograms].
25. Hempseed, fifty pounds [22.68 kilograms].
26. Hickory nuts, fifty pounds [22.68 kilograms].
27. Hungarian grass seed, forty-eight pounds [21.77 kilograms].
28. Lime, eighty pounds [36.29 kilograms].
29. Millet, fifty pounds [22.68 kilograms].
30. Oats, thirty-two pounds [14.51 kilograms].
31. Onions, fifty-two pounds [23.59 kilograms].
32. Onions, bottom sets, thirty-two pounds [14.51 kilograms].
33. Onions, top sets, twenty-eight pounds [12.70 kilograms].
34. Orchard grass seed, fourteen pounds [6.35 kilograms].
35. Potatoes, sweet, forty-six pounds [20.87 kilograms].
36. Potatoes, Irish, sixty pounds [27.22 kilograms].
37. Peas, sixty pounds [27.22 kilograms].
38. Peanuts, twenty-two pounds [9.98 kilograms].
39. Peaches, dried, twenty-eight pounds [12.70 kilograms].
40. Pears, forty-five pounds [20.41 kilograms].
41. Parsnips, forty-two pounds [19.05 kilograms].
42. Plastering hair, unwashed, eight pounds [3.63 kilograms].
43. Plastering hair, washed, four pounds [1.81 kilograms].
44. Rye, fifty-six pounds [25.40 kilograms].
45. Rapeseed, fifty pounds [22.68 kilograms].
46. Rutabagas, fifty-two pounds [23.59 kilograms].
47. Rhubarb, fifty pounds [22.68 kilograms].
48. Salt, eighty pounds [36.29 kilograms].
49. Speltz, forty pounds [18.14 kilograms].
50. Sorghum seed, fifty-seven pounds [25.85 kilograms].
51. Sunflowers, twenty-five pounds [11.34 kilograms].
52. Turnips, sixty pounds [27.22 kilograms].
53. Timothy seed, forty-five pounds [20.41 kilograms].
54. Tomatoes, fifty pounds [22.68 kilograms].
55. Wheat, sixty pounds [27.22 kilograms].
56. Walnuts, fifty pounds [22.68 kilograms].

64-01-06. Ton of hay — Cubic measure.

By weight a ton of hay shall consist of two thousand pounds [907.18 kilograms], and by measurement, of three hundred and forty-three cubic feet [9.71 cubic meters] after the same shall have been stacked thirty days or such other time as may be agreed upon between the parties.

64-01-07. Standard measurement of wood.

In all contracts for the sale of wood, the term “cord” shall mean one hundred twenty-eight cubic feet [3.62 cubic meters] of wood, in four-foot [1.22-meter] lengths. If the sale is of “sawed wood”, a cord shall mean one hundred ten cubic feet [3.11 cubic meters] when ranked, or one hundred sixty cubic feet [4.53 cubic meters] when thrown irregularly or loosely into a conveyance for delivery to the purchaser. If the sale is of “sawed and split” wood, a cord shall mean one hundred twenty cubic feet [3.39 cubic meters] when ranked and one hundred seventy-five cubic feet [4.96 cubic meters] when thrown irregularly and loosely into a conveyance for delivery.

64-01-08. Standard weight of coal, charcoal, and ice.

In all contracts for the sale of coal, charcoal, and ice, the term “ton” shall mean two thousand pounds [907.18 kilograms]. A sale of coal, charcoal, or ice in any manner except by weight is prohibited.

64-01-09. Standard weight of flour.

In all contracts for the sale of flour, the term “barrel” shall mean one hundred ninety-six net pounds avoirdupois [88.90 kilograms].

64-01-10. Perch of stone.

A perch of mason work or stone shall consist of twenty-five feet, cubic measure [.71 cubic meter].

64-01-11. Fractional parts of weights and measures.

All contracts for the sale of a fractional part of a bushel, barrel, ton, or cord of any article or commodity on which the legal weight or measurement per bushel, barrel, ton, cord, gallon, or fractional part has been established, shall require and mean a like fractional part of the legal and established weight or measurement per bushel, barrel, ton, or cord.

64-02-01. Definitions.

In this title:

1. “Calibrate” means to compare a standard, or weighing or measuring device, to another standard and eliminate by adjustment any variation in the accuracy of the item being compared, but does not include the field repair of a weighing or measuring device.
2. “Commission” means the public service commission.
3. “Test” means to measure to determine if a standard or weighing or measuring device is within the permitted tolerance.
4. “Transient vendor” means a wholesale or retail seller of produce, fruit, nuts, or seafood that sells to the public at a temporary location, on a seasonal basis, open less than one hundred twenty business days each year.
5. “Weighing or measuring device” means any scale, weight, measure, instrument, or device used or offered for use for weighing or measuring in commerce.

64-02-02. Weights and measures — Supervision by public service commission — Installation of weighing or measuring devices under special variance permit.

All weighing or measuring devices in this state must be supervised and controlled by the commission. A variance permit for the installation or relocation of a device deviating from requirements under this chapter may be issued by the commission when the device meets service requirements within accepted tolerances. The commission may request that an application for a variance permit include complete construction plans and a statement of the specific reasons why deviations are necessary or desirable. The commission may impose limitations or conditions on the construction and use of any weighing or measuring device.

64-02-03. Commission rules.

The commission may adopt rules having the force and effect of law.

64-02-04. Tolerance — Uniformity established by commission.

The commission shall establish uniform tolerance or reasonable variances for weighing and measuring devices.

64-02-05. Employees — Compensation.

The commission shall employ and fix the compensation of employees necessary to carry out the provisions of this title.

64-02-05.1. Director of weights and measures. [Repealed]

Repealed by S.L. 1989, ch. 764, § 31.

64-02-06. Employees of department shall give bond. [Repealed]

Repealed by S.L. 1989, ch. 764, § 31.

64-02-07. Duties of commission.

The commission shall:

1. Maintain the calibration of the state weights and measures standards that are traceable to the United States standards. All secondary standards must be calibrated by a national institute of standards and technology-recognized metrology laboratory as often as the commission deems necessary.
2. Keep a seal to impress the letters “N.D.” and the date of sealing upon the weighing or measuring devices that are sealed.
3. Test, correct, and seal, when found to be accurate, all the copies of the standards used in the state for the purpose of testing the weighing or measuring devices used in the state, and keep a record thereof.
4. Have general supervision of the weighing or measuring devices used as standards in the state.
5. Upon the written request of any person, test or calibrate weighing or measuring devices used as standards in the state.
6. Keep a complete record of the standards, weighing or measuring devices, and all testing and sealing equipment owned by the state, and maintain traceability of the state standards to the United States standards.

64-02-08. Purchase, lease, or disposal of equipment.

The commission shall purchase or lease any equipment necessary for carrying out the provisions of this title and may sell equipment which is obsolete or unsuitable. Proceeds from sale or disposal must be paid into the general fund of the state treasury.

64-02-08.1. Fees for registered service companies and to license and test a registered service person.

1. Annually, each registered service company shall pay a registration fee of one hundred dollars and a licensing fee of fifty dollars for each registered service person.
2. The commission may assess a registered service person testing fee not to exceed twenty-five dollars per test.

64-02-09. Standards of weights and measures.

The commission shall maintain the following standards of weights and measures, which must conform to the United States standards:

1. One surveyor’s chain, sixty-six United States survey feet in length.
2. One yard [in meters, equal to 36 divided by 39.37] measure.
3. One United States survey foot [in meters, equal to 12 divided by 39.37] measure and one international foot [exactly .3048 meters] measure.
4. One inch [25.40 millimeters] measure.
5. One one hundred pound [45.36 kilograms] weight.
6. One fifty pound [22.68 kilograms] weight.
7. One twenty-five pound [11.34 kilograms] weight.
8. One ten pound [4.54 kilograms] weight.
9. One one pound [.4536 kilogram] weight.
10. One half-pound [.2268 kilogram] weight.
11. One quarter-pound [.1134 kilogram] weight.
12. One one-eighth of a pound [.0567 kilogram] weight.
13. One one-sixteenth of a pound [.0284 kilogram] weight or one ounce [28.35 grams] weight.
14. One set of apothecaries’ weights from one pound [.4536 kilogram] to one grain [64.80 milligrams] and one set of troy weights from one pound [.3732 kilogram] to one grain [64.80 milligrams].
15. Other weighing and measuring devices necessary to test and calibrate standards.

These standards are the legal standards of weights and measures for this state, and must be used for testing the secondary standards used to test weighing or measuring devices.

64-02-10. Fees to test or calibrate weighing and measuring devices.

The commission shall collect the following fees to:

1. Test overhead monorail, track, dormant, deck, and hanging scale of one thousand pounds [453 kilograms] or less capacity 95.00 2. Test movable platform scale 20.00 3. Test counter or computing scale 20.00 4. Test hanging scale of fifty pound [22.68 kilogram] capacity or less 20.00 5. Test a retail motor fuel device 20.00 6. Test or calibrate weighing and measuring standards, per metrologist, per quarter hour or fraction thereof 17.00 7. Test mobile delivery gasoline and fuel oil meter 45.00 8. Test gasoline, LPG, or fuel oil meter on common carrier pipelines, or any other meter used in loading railway cars, transports, or other conveyances 95.00 9. Test propane, ag chemical, or liquid fertilizer meter 70.00 10. Test or calibrate weighing and measuring devices other than the above and those set by rule, per inspector per quarter hour or fraction thereof 20.00 11. Witnessing any of the above tests Fifty percent of the applicable fee

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When a rejected weighing or measuring device has been reconditioned or replaced by new equipment, it must be retested and certified before being put into use except as otherwise provided by rule. The fee for retest and certification is the same as for the first test and certification.

When a test of a weighing or measuring device is required in addition to the regularly scheduled test, the commission shall charge a fee equal to the cost of operating the motor vehicle used in conducting the test. The mileage charges, as determined by the commission, must be in addition to the regular test fee and calculated to cover the costs of the additional travel. If a test has been requested and the person requesting it fails to appear or to have the weighing or measuring device ready for testing at the arranged time, there is a charge of ten dollars a quarter hour for the time between the arranged time and the time at which the test can begin.

64-02-11. Payment of test fee before using weighing or measuring device.

No weighing or measuring device that has been sealed by the commission may be used, sold, or exposed for sale until the fee charged for the test has been paid.

64-02-12. Fees collected — Paid into public service commission program fund.

All fees and charges collected by the commission under this chapter must be paid into the public service commission program fund.

64-02-13. Commission to test weighing or measuring devices.

The commission may test or calibrate weighing or measuring devices. The owner of any weighing or measuring device used in this state is responsible for its accuracy and condition. The public service commission shall determine the frequency of required testing for each category of weighing and measuring device, which may not exceed twenty-four months. If upon testing the weighing or measuring device is within the permitted tolerance, it must be sealed. Inspections and testing of farm milk bulk tank equipment may be made only by the state dairy department under section 4.1-25-26. Inspections and testing of oil and gas production meters and measuring devices may be made only by or under the direction of the industrial commission under section 38-08-04. If upon complaint the commission finds the weighing or measuring device is within the permitted tolerance, the cost of the test, unless waived by the commission, must be paid by the complainant and in all other cases the cost of testing must be paid by the owner of the equipment.

64-02-13.1. Exception from regularly scheduled test of weighing or measuring device.

A weighing or measuring device used to conduct sales by a transient vendor is exempt from this chapter.

64-02-14. Incorrect weighing or measuring devices.

A weighing or measuring device that does not meet applicable design or tolerance requirements must be marked in the manner set by the commission and may not be used in commerce without the consent of the commission.

64-02-15. Vendor’s weighing or measuring device.

The commission may enter into or upon any land or premises to stop any vendor and require the vendor, if necessary, to proceed to some place which the commission may specify for the purpose of making a test of the weighing or measuring devices used by the vendor.

64-02-15.1. Duty of commission to test accuracy of oil and gas production meters. [Repealed]

Repealed by S.L. 1993, ch. 367, § 5.

64-02-16. Licensing coin-weighing machine or scale and public gasoline pump required — Fee. [Repealed]

Repealed by S.L. 1961, ch. 387, § 2.

64-02-17. Form of application for licensing coin-weighing machines, scales, and public gasoline pumps. [Repealed]

Repealed by S.L. 1961, ch. 387, § 2.

64-02-18. Form of license for coin-weighing machines, scales, and public gasoline pumps — License displayed — Unlicensed machine confiscated and penalty assessed in lieu thereof. [Repealed]

Repealed by S.L. 1961, ch. 387, § 2.

64-02-19. Salaries of employees of the department. [Repealed]

Repealed by S.L. 1989, ch. 764, § 31.

64-02-20. Expenses.

The commission may purchase supplies and equipment and may incur necessary expenses in carrying out the provisions of this title within legislative appropriations made for such purpose. Traveling expenses are allowed employees as provided in section 54-06-09.

64-03-01. False weights and measures.

It is unlawful for any person to:

1. Offer or expose for sale, sell, use, or possess a false weighing or measuring device, for use in buying or selling any commodity or thing, or any weighing or measuring device which has not been sealed as provided by section 64-02-13.
2. Dispose of any condemned weighing or measuring device, or remove any tag placed thereon by the commission.
3. Sell, offer, or expose for sale less than the quantity represented.
4. Sell, offer for sale, or possess for the purpose of selling, any device or instrument to be used or designed to falsify any weighing or measuring device.
5. Refuse to pay any fee charged for testing or calibrating and sealing or condemning any weighing or measuring device.

64-03-02. False weights — Unlawful for public use.

It is unlawful for any person to knowingly and fraudulently use a weighing or measuring device, or keep a device for public use, which does not conform to the legal standard of weights and measures of the state, or to alter a weighing or measuring device after it has been tested or calibrated and sealed so that it does not conform to the standard.

64-03-03. Fraudulently increasing weight.

It is unlawful for any person to place or conceal with any goods usually sold by weight any foreign substance for the purpose of increasing the apparent weight of the goods.

64-03-04. Baled hay — Correct weight — Violation. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

64-03-05. Fuel required to be weighed — Correct scale weight — Slip delivered. [Repealed]

Repealed by S.L. 1989, ch. 764, § 31.

64-03-06. Stamping incorrect weight or tare.

It is unlawful for any person to knowingly mark or stamp an incorrect weight or tare on any package, or to knowingly sell or offer for sale any package so marked.

64-03-07. Violation of provisions relating to standard measurements and weights unlawful.

It is unlawful for any buyer to take a greater quantity than is provided by the standards established in this title, or any seller to give a lesser quantity, unless both parties to the sale have actual knowledge of the variation from the standards.

64-03-08. Penalty for hindering an inspector in official duties. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

64-03-09. General penalty.

Any person who violates any of the provisions of this title for which a specific penalty has not been provided is guilty of a class B misdemeanor.

64-03-10. Duty of officer to seize false weighing and measuring devices.

An officer arresting any person for a violation of any provision of this title shall seize any false weighing or measuring device in the possession of the person arrested and shall deliver it to the magistrate before whom the person is taken.

64-03-11. Duty of state’s attorney.

After the conviction of any person for violating any provision of this title, the state’s attorney shall cause to be destroyed any false weighing or measuring device involved in the violation.

64-03-12. Duty of magistrate.

The magistrate to whom any weighing or measuring device is delivered under section 64-03-10 shall request the commission to test it and, if found to be false, the commission shall destroy it or deliver it to the state’s attorney of the county in which the accused is prosecuted.

64-04-01. Restrictions upon sale of liquefied petroleum gas.

It is unlawful to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; vapor measure, specified in cubic feet; or specified in such other units approved by the commission.

64-04-02. Authority of commission to test and condemn weighing and measuring devices.

The commission may test or calibrate weighing and measuring devices used in the retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn all devices found not to be within the permitted tolerance or which do not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other units approved by the commission. The commission shall conspicuously mark all condemned devices, which mark may not be removed or defaced except upon authorization of the commission.

64-04-03. Specification of liquid gas meters.

All liquid gas meters must be of a positive displacement type equipped with a vapor separator or provided with other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and a differential pressure regulator. The meters must be corrected, prior to use, to sixty degrees Fahrenheit [15.5 degrees Celsius] liquid gas temperature and all deliveries of liquid gas through such meters must, at the time and place of delivery, be temperature-corrected to sixty degrees Fahrenheit [15.5 degrees Celsius] and the customer billed accordingly. It is unlawful to make retail sales to customers except where delivered through a fuel dispenser from any bulk delivery vehicle unless such bulk delivery vehicle is equipped with and dispenses said liquid petroleum gas through a liquid meter as herein provided. Liquid meters may not be equipped with a bypass around the liquid meter. The prohibition of a bypass does not prohibit the use of an equalization line.

64-04-04. Commission rules — Tolerances.

The commission may adopt rules and establish tolerances within a maximum of two percent having the force or effect of law.

64-04-05. Penalty.

Any person who violates any of the provisions of this chapter or of the commission rules is guilty of a class B misdemeanor.