Chapter 1 Duties of Director of Labor and Training

47-1-1. Standards received from United States as standards for towns.

The weights, measures, and balances received from the United States, and now in the custody of the director of the department of labor and training, and such new weights, measures, and balances as shall be received from the United States as standard weights, measures, and balances in addition thereto or in renewal thereof, shall be the authorized standards by which all town standards of weights and measures shall be tried, proved, and sealed.

History of Section. G.L. 1896, ch. 167, § 1; G.L. 1909, ch. 194, § 1; G.L. 1923, ch. 221, § 1; G.L. 1938, ch. 407, § 1; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-1 .

Cross References.

Functions of department of labor, § 42-16-1 .

Comparative Legislation.

Standards:

Conn. Gen. Stat. §§ 43-2, 43-3.

Mass. Ann. Laws ch. 98, § 2 et seq.

Collateral References.

Parol or extrinsic evidence of custom or usage to show that terms of measurement in contract have a special trade significance. 89 A.L.R. 1240.

47-1-1.1. Certification of local sealer required — Training provision — Renewal and revocation of certificate.

  1. The director of the department of labor and training shall require sealers appointed by a city or town to obtain an annual certificate of training. The certificate of training shall cause a sealer of weights and measures to be   “certified”. The requirements for the certificate of training shall be set by the director of the department of labor and training in accordance with the standards of the metrology laboratory which shall be certified and have weights and measures standards traceable to the national institute of standards and technology, United States Department of Commerce in Washington, D.C. Appropriate training of appointees from city and town municipalities will be provided by a certified meteorologist from the department of labor and training with the assistance of professional persons qualified in the field of weights and measures, and the national training program sponsored by the National Conference on Weights and Measures. Once certified, sealers shall maintain their status by complying with the rules and regulations promulgated and may be assigned by the director of the department of labor and training or his or her agent to assist in the enforcement of applicable laws until such time as the director cancels the assignment. A certified sealer assigned to a municipality by the director of labor and training shall be responsible for the testing and sealing of weighing and measuring apparatus and said compensation as prescribed by § 47-1-5.1 . Municipal sealers with tenure of no less than four (4) years shall receive a certificate of training for one year upon passage of this section.
  2. The director of the department of labor and training is authorized and empowered to promulgate rules and regulations for the administration of this section, and to set criteria by rules and regulations for the revocation of any such training certificate for cause.

History of Section. P.L. 1990, ch. 90, § 1; P.L. 1992, ch. 46, § 1; P.L. 1993, ch. 297, § 1.

47-1-2. Custody and maintenance of state standards — Testing of standards.

  1. The director of the department of labor and training shall have the exclusive custody and control of the standards so received by the state from the United States, which standards shall be kept in a suitable fireproof place to be provided by the state. The director shall have the oversight of all the standards furnished by the state to the various towns and cities, and shall keep a complete list of the standards and shall see that they are kept in good order and repair. The director shall also keep the standards belonging to the state, furnished by the United States, in perfect order, and shall keep a complete list of the standards, and shall take a receipt for the standards from his or her successor in office.
  2. The director may, if he or she deems it desirable, and shall, upon request by private industry and for law enforcement agencies, test any weights, measures, instruments, or mechanical devices of any kind used or intended to be used in standardizing the production of any manufactured article by controlling processes or by determining the dimensions, proportions, or properties of materials or products, in determining wages or compensation for labor performed, in determining the dimensions or capacity of any tank, can, or other container, or in determining the accuracy of any automatic weighing or measuring device. When any weight, measure, instrument, or mechanical device has been tested and found correct by the director, the director may seal the same. If the director finds it inaccurate, the director may, in his or her discretion, either condemn it or the director may furnish the owner or user with a certificate indicating the amount and direction of any errors found by him or her. This section shall not give to the director or his or her inspectors the power to seal any of the devices which are required by law to be sealed by local sealers.
  3. The director of the department of labor and training shall by regulation establish a fee schedule for services rendered under this section.

History of Section. G.L. 1896, ch. 167, § 3; G.L. 1909, ch. 194, § 3; G.L. 1923, ch. 221, § 3; G.L. 1938, ch. 407, § 2; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-2 ; P.L. 1976, ch. 264, § 1; P.L. 2007, ch. 340, § 64.

Cross References.

Periodical testing of town standards, § 47-2-3 .

47-1-3. Sets of standards furnished to cities and towns.

  1. The director of the department of labor and training shall furnish a set of standards of weights, measures, and balances, at such a cost as the director may deem proper, to each city or town that in the director’s judgment shall not have a suitable set, the cost to be paid for by the state on the order of the state controller on the general treasurer, the set to consist as follows: one even balance of a capacity not less than one hundred pounds (100 lbs.); one brass yard gauge; five (5) iron dry measures, one each of the following capacities: one-half (1/2) bushel, one peck, one-half (1/2) peck, two (2) quarts, and one quart; six (6) iron wine measures, one each of the following capacities: one gallon, one-half (1/2) gallon, one quart, one pint, one-half (1/2) pint, and one gill; five (5) iron ring weights, avoirdupois standard, one each as follows: fifty pounds (50 lbs.), twenty-five pounds (25 lbs.), twenty pounds (20 lbs.), ten pounds (10 lbs.), and five pounds (5 lbs.); ten (10) brass weights, avoirdupois standard, one each as follows: four pounds (4 lbs.), two pounds (2 lbs.), one pound (1 lb.), eight ounces (8 oz.), four ounces (4 oz.), one ounce (1 oz.), one-half ounce (1/2 oz.), one-quarter ounce (1/4 oz.), one-eighth ounce (1/8 oz.), one-sixteenth ounce (1/16 oz.); together with a suitable case or cabinet to contain the set.
  2. The director shall also furnish each town and city, at the expense of the town or city, a portable even balance scale, with a set of weights and measures, to be used by the town or city sealers in the discharge of their duties as hereinafter provided.

History of Section. G.L. 1896, ch. 167, § 4; G.L. 1909, ch. 194, § 4; G.L. 1923, ch. 221, § 4; G.L. 1938, ch. 407, § 3; impl. am. P.L. 1939, ch. 660, § 65; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-3 .

47-1-4. Annual inventory of local standards.

The sealers of the different towns and cities shall make an inventory of weights, measures, and balances furnished by the state and their condition, on a blank prepared for that purpose, in the month of October of each year, and shall forward the inventory to the director of labor and training.

History of Section. G.L. 1896, ch. 167, § 6; G.L. 1909, ch. 194, § 6; G.L. 1923, ch. 221, § 6; G.L. 1938, ch. 407, § 5; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-4 .

Cross References.

Town sealers, § 47-2-1 et seq.

47-1-5. Inspection of mercantile weights and measures — Reports of inaccuracy.

The director of the department of labor and training may, in the discharge of his or her duties, inspect the weights, measures, and balances of any person or persons, which are used for selling any goods, wares, merchandise, or other commodities, or for public weighing in any town or city in this state, and if he or she finds the weights, measures, or balances to be inaccurate, he or she shall forthwith inform the mayor of the city or the president of the town council, as the case may be, and the mayor or president shall at once call the attention of the town or city sealer thereto.

History of Section. G.L. 1896, ch. 167, § 5; G.L. 1909, ch. 194, § 5; G.L. 1923, ch. 221, § 5; G.L. 1938, ch. 407, § 4; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-5 .

Cross References.

Thread, standards for labeling, § 6-10-1 et seq.

47-1-5.1. Fees and compensation of director of labor and training.

  1. The director of the department of labor and training shall, in any town or city without a town or city sealer, or in a case where a sealer is not available or his or her deputy, or when sufficient equipment has not been provided for by the town or city for a sealer to properly perform his or her duties, for a period not to exceed three (3) months in any one year, test and/or approve any weighing, measuring, or balancing apparatus, and shall receive compensation for testing and/or approving as stated herein. Every mechanical, electronic, or other scale with NETP certification with a capacity of less than thirty-five (35) pounds a fee of twelve dollars ($12.00); for every scale used for the retail sale of precious metals thirty dollars ($30.00); for every mechanical, electronic, or other scale with NETP certification with a capacity of thirty-five (35) pounds to three hundred (300) pounds a fee of thirty dollars ($30.00); for every platform scale with a capacity of three hundred (300) pounds to five thousand (5,000) pounds a fee of twenty-four dollars ($24.00); and for every platform scale with a capacity over five thousand (5,000) pounds a fee of thirty-six dollars ($36.00) per hour. If any of the scales, balances or gasoline measuring devices with NETP certification are found to be incorrect, then they shall be so marked and their use forbidden until such time as the devices meet the requirements of that current year edition of NIST Handbook 44. Scales or balances not meeting class standards, as those often used to weigh people or scales for approximating weight, can be checked and the fees shall be the same as herein provided for same weight capacities. For the testing and/or approving of gasoline measuring devices there shall be a fee of eighteen dollars ($18.00) per test per meter; in the case of a multi-grade dispenser a fee of twelve dollars ($12.00) shall be charged to verify the price computation mechanism.
  2. The director of the department of labor and training shall authorize and direct the testing and/or approving of the apparatus stated herein, from time to time as in the director’s judgment it may be deemed necessary to prevent fraud or deception.

History of Section. P.L. 1984, ch. 128, § 1; P.L. 1991, ch. 57, § 1; P.L. 1992, ch. 45, § 1; P.L. 2002, ch. 65, art. 13, § 11.

Cross References.

Town sealers, § 47-2-1 et seq.

47-1-6. Records and reports of director.

The director of the department of labor and training shall keep a record in detail of the towns and cities visited by him or her in the performance of his or her duties under this title; and of the weights, measures, and balances tested and sealed by him or her; and the director shall include this record in the annual report.

History of Section. G.L. 1896, ch. 167, § 5; G.L. 1909, ch. 194, § 5; G.L. 1923, ch. 221, § 5; G.L. 1938, ch. 407, § 4; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-1-6 ; P.L. 1984, ch. 127, § 1.

Chapter 2 Produce Scales in Markets

47-2-1. Custody and maintenance of standards — Stamps and branding irons.

Every town or city sealer shall, at the expense of his or her town or city, provide therein a suitable place for the safekeeping and preservation of the weights, measures, and balances furnished by the state, which shall be used only as standards, and shall not be taken from the office. The sealer shall have the care and oversight thereof; shall see that they are kept in good order and repair; and if any portion of them are lost, damaged, or destroyed, shall, at the expense of the town or city, replace them by similar weights, measures, or balances. The sealer shall procure, at the expense of his or her town or city, a suitable set of sealing stamps for stamping dry and wine measures, with the date of the year thereon, and, for coal and wood baskets, a branding iron, with letters not less than one-half inch (1/2") high and the date of the year thereon.

History of Section. G.L. 1896, ch. 167, § 8; G.L. 1909, ch. 194, § 8; G.L. 1923, ch. 221, § 8; G.L. 1938, ch. 407, § 7; G.L. 1956, § 47-2-1 .

Cross References.

Annual inventory of town standards, § 47-1-4 .

Duties and compensation of director of labor in city or town without sealer, § 47-1-5.1 .

Election and qualification of sealer, § 45-4-1 et seq.

Furnishing of standards to towns, § 47-1-3 .

Oversight of town standards, § 47-1-2 .

Comparative Legislation.

Town and city sealers and standards:

Conn. Gen. Stat. §§ 43-4, 43-6.

Mass. Ann. Laws ch. 98, §§ 5, 34 et seq.

47-2-2. Penalty for improper care of standards.

Every town or city sealer who neglects to provide a suitable place for keeping the weights, measures, and balances, or suffers any of them through his or her neglect to be lost, damaged, or destroyed, shall be fined the sum of not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00).

History of Section. G.L. 1896, ch. 167, § 9; G.L. 1909, ch. 194, § 9; G.L. 1923, ch. 221, § 9; G.L. 1938, ch. 407, § 8; G.L. 1956, § 47-2-2 .

47-2-3. Periodical testing of municipal sealers’ weights and measures by state — Fee.

  1. Every town and city sealer shall, at least once in every two (2) year period, have the field weights, measures, and balances in his or her custody: tolerance tested for class F use, in accordance with current year national institute of standards and technology (NIST) handbook number 44 tolerance tables, at a laboratory accredited by the National Bureau of Standards and Technology; adjusted if needed; and/or replaced at the expense of the town or city if tolerance cannot be met.
  2. Every town and city sealer shall, at least once every year, have their five (5) gallon volumetric prover: tolerance tested for Class F use, in accordance with current year National Institute of Standards and Technology (NIST) handbook number 105-2 tolerance tables, at a laboratory accredited by the National Bureau of Standards and Technology; adjusted if needed; and/or replaced at the expense of the town or city if tolerance cannot be met.
  3. Town and/or city sealer field weights and/or five (5) gallon volumetric provers that do not meet or exceed the tolerance values for Class F use shall be condemned for use within the state of Rhode Island and shall be destroyed.

History of Section. G.L. 1896, ch. 167, § 10; G.L. 1909, ch. 194, § 10; G.L. 1923, ch. 221, § 10; G.L. 1938, ch. 407, § 9; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-2-3 ; P.L. 1960, ch. 74, § 24; P.L. 1990, ch. 90, § 2; P.L. 2000, ch. 376, § 1.

Cross References.

Functions of department of labor, § 42-16-1 .

47-2-4. Annual adjustment of mercantile weights and measures brought to sealer.

Every town or city sealer shall annually, at the expense of his or her town or city, advertise or post up notifications in public places in different parts of his or her town or city, for every person engaged in the trade of buying and selling, or as a public weigher, who uses weights and measures, to bring in within a certain time limited in each notification, being not less than one month from the date of the notification, his or her weights, measures, balances, and scales to be adjusted and sealed, and the sealer shall forthwith adjust and seal all weights and measures brought to him or her for that purpose.

History of Section. G.L. 1896, ch. 167, § 11; G.L. 1909, ch. 194, § 11; G.L. 1923, ch. 221, § 11; G.L. 1938, ch. 407, § 10; G.L. 1956, § 47-2-4 .

Cross References.

Impersonation of sealer, penalty, § 11-14-2 .

Inspections by director of labor, § 47-1-5 .

47-2-5. Adjustment of weights and measures not brought in.

After the expiration of the time limited in the notification which is required to be given in § 47-2-4 , the sealer of weights and measures in every town or city shall visit the places of business, and enter upon the carts, wagons, and other vehicles then in use for business, of all the persons engaged in the trade of buying and selling or of selling, who have weights, measures, or balances which have not been sealed during the current calendar year, and try, adjust, and seal the weights, measures, or balances. The sealer shall go, at least once in every six (6) months, to every hay scale, coal scale, wagon scale, railroad track scale, or platform scale or balance used in the trade of buying and selling or of selling or for public weighing, in his or her town or city, which is not brought to him or her under the provisions of § 47-2-4 , and try, adjust, and seal the scale or balance.

History of Section. G.L. 1896, ch. 167, § 12; P.L. 1899, ch. 615, § 1; G.L. 1909, ch. 194, § 12; G.L. 1923, ch. 221, § 12; G.L. 1938, ch. 407, § 11; G.L. 1956, § 47-2-5 .

Cross References.

Testing of scales when office is vacant, § 47-6-3 .

47-2-6. Penalties for neglect of duty.

For every neglect of duty prescribed in § 47-2-5 the town or city sealer shall be fined a sum not exceeding one hundred dollars ($100); and every town or city sealer who shall seal any weight measure or balance otherwise than according to the town or city standard, duly tried, proved, and sealed by the director of the department of labor and training, shall be fined not exceeding one hundred dollars ($100) nor less than fifty dollars ($50.00).

History of Section. G.L. 1896, ch. 167, § 13; G.L. 1909, ch. 194, § 13; G.L. 1923, ch. 221, § 13; G.L. 1938, ch. 407, § 12; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-2-6 ; P.L. 1980, ch. 181, § 1.

47-2-7. Fees and compensation of sealer — Condemnation of incorrect scales or balances.

  1. The sealer of weights and measures, in any town or city, shall receive the same fee as any state sealer appointed by the state and no less than a fee of twenty-five cents (25¢) for every weight, wine, or dry measure, sealed by him or her at his or her office; the sealer shall receive a fee of twenty-five cents (25¢) for every yardstick or yard measure sealed by him or her; for sealing every spring balance of a capacity less than one hundred pounds (100 lbs.) the sealer shall receive a fee of two dollars ($2.00), for every spring balance of a capacity of one hundred (100) and less than five hundred pounds (500 lbs.), three dollars ($3.00); for every platform scale of a capacity of five thousand pounds (5,000 lbs.) or more, five dollars ($5.00); for every balance of a capacity of less than five thousand pounds (5,000 lbs.), two dollars ($2.00); for every steel yard of a capacity of fifty pounds (50 lbs.) or less, one dollar ($1.00); and for every steel yard of a capacity over fifty pounds (50 lbs.), two dollars ($2.00); every scale or balance used for weighing people shall be tested, and if found correct shall be sealed, by the sealer, and he or she shall receive a fee of two dollars ($2.00) for each and every scale or balance so sealed. If any of the scales or balances are found to be incorrect, then they shall be condemned and their use forbidden as hereinbefore provided. For proving and sealing coal and wood baskets, he or she shall receive a fee of fifty cents (50¢) each, and for every charcoal basket so sealed, sixty cents (60¢); he or she shall also have a reasonable compensation for all repairs, alterations, and adjustments that it may be necessary for the sealer to make, made by him or her, and for the expenses incurred in visiting any place, as provided for in § 47-2-5 . These fees and compensation shall be paid to the sealer by the person owning or using the weights, measures, or balances so adjusted and sealed. Every person violating the provisions of this section shall be fined not exceeding one hundred dollars ($100) for each offense, one-half (1/2) thereof to go to the town or city and one-half (1/2) to the complainant. All the fees received by any sealer of weights and measures of any town or city shall be retained by him or her as compensation for his or her services except as hereinafter provided. Any town or city council may, at any time by ordinance, fix an annual salary for the sealer of weights and measures of the town or city, and in that case the fees received by him or her shall be paid over by him or her to the town or city treasurer, at the time or times prescribed by any ordinance of the town or city.
    1. For every spring balance or balance scale of a capacity of less than ten pounds (10 lbs.), he or she shall receive a fee of five dollars ($5.00); for every spring balance or balance scale of a capacity of more than ten pounds (10 lbs.) and less than one hundred pounds (100 lbs.), he or she shall receive a fee of six dollars ($6.00); for every spring balance, balance scale, or platform scale of a capacity of more than one hundred pounds (100 lbs.) and less than one thousand pounds (1,000 lbs.), he or she shall receive a fee of ten dollars ($10.00).
    2. If any of the scales or balances are found to be incorrect, they shall be condemned and their use forbidden as hereinbefore provided.

History of Section. G.L. 1896, ch. 167, § 14; G.L. 1909, ch. 194, § 14; G.L. 1923, ch. 221, § 14; G.L. 1938, ch. 407, § 13; G.L. 1956, § 47-2-7 ; P.L. 1970, ch. 267, § 1; P.L. 1980, ch. 192, § 1; P.L. 1984, ch. 252, § 1; P.L. 2012, ch. 450, § 1; P.L. 2018, ch. 211, § 1; P.L. 2018, ch. 272, § 1.

Compiler’s Notes.

P.L. 2018, ch. 211, § 1, and P.L. 2018, ch. 272, § 1 enacted identical amendments to this section.

47-2-8. Deputy sealers.

The different town councils of the several towns, and the city councils of cities, may appoint, upon recommendation of their respective town or city sealers, one or more persons as deputy sealers of their town or city, who shall assist the town or city sealer and, in the absence from duty of the town or city sealer, shall perform all the duties of town or city sealer as may be required of them for the time being.

History of Section. G.L. 1896, ch. 167, § 7; G.L. 1909, ch. 194, § 7; G.L. 1923, ch. 221, § 7; G.L. 1938, ch. 407, § 6; G.L. 1956, § 47-2-8 .

47-2-9. Inspection fees.

The sealer of weights and measures, or his or her deputy, shall assess a fee of twenty-five dollars ($25.00) semiannually in lieu of any cartage fee for the purpose of inspecting more than two (2) devices in accordance with their duties enumerated in chapters 2 — 12 of this title.

History of Section. P.L. 1989, ch. 396, § 1.

47-2-10. Produce scales in markets.

Every retail food business which has a produce department and provides a scale for customers to weigh their purchases shall provide a written notice adjacent to the scale which notifies the customers that the weight registered on the scale is approximate and the scales are not certified by the sealer of weights and measures. Provided, further, that this section does not apply to roadside farm stands and farmers’ markets.

History of Section. P.L. 1999, ch. 193, § 2.

Chapter 3 Criminal Offenses

47-3-1. Possession of unsealed or incorrect weights or measures — Removal of notice forbidding use.

No person engaged in the trade of buying and selling shall have or permit to be kept at his or her place of business or upon any cart, wagon, or other vehicle used by him or her in carrying on his or her business, any weight, measures, or balance, of whatever description, which is not at the time duly sealed in accordance with chapters 1 and 2 of this title, or which, having been sealed, is no longer correct. If the weights, measures, or balances can be readily adjusted by such means as the sealer has at hand, the sealer may adjust and seal them; but if they cannot be readily adjusted, the sealer shall either seize the weights, measures, and balances forthwith and destroy them, or shall affix to them a notice forbidding their use until the sealer is satisfied that they have been so adjusted to conform to the standards; and whoever removes the notice without the consent of the officer affixing the notice, shall for each offense be fined not less than one hundred dollars ($100) nor more than two hundred dollars ($200), one-half (1/2) to the town or city and one-half (1/2) to the use of the complainant.

History of Section. G.L. 1896, ch. 167, § 15; G.L. 1909, ch. 194, § 15; G.L. 1923, ch. 221, § 15; G.L. 1938, ch. 407, § 14; G.L. 1956, § 47-3-1 ; P.L. 1980, ch. 345, § 1.

Comparative Legislation.

Offenses:

Conn. Gen. Stat. § 43-9.

Mass. Ann. Laws ch. 98, §§ 24 et seq., 31, 32, 42, 45, 52, 53, 55.

47-3-2. Use of unsealed weights or measures — Alteration — Refusal to allow examination — Adjustable face.

Every person engaged in the trade of buying and selling, or of selling, or as a public weigher, who shall use or permit to be used for him or her, or have in his or her possession at his or her place of business, or upon any cart, wagon, or other vehicle which is used by him or her in carrying on his or her business, or upon his or her person while engaged in his or her business, any weight, measure, balance, or scale of whatever description, unless the weight, measure, balance, or scale shall have been duly sealed in conformity with the provisions of chapters 1 and 2 of this title, and every person who alters any weight, measure, balance, or scale after it has been duly sealed, so that it does not conform to the United States standard, or has in his or her possession any weight, measure, balance, or scale, which has been so altered, and every person who shall use or permit to be used for him or her, or have in his or her possession, as aforesaid, any weight, measure, balance, or scale which he or she has refused to allow to be examined or sealed by the sealer of weights and measures, or deputy sealer, according to the provisions of chapters 1 and 2 of this title, or who shall use or permit to be used for him or her or have in his or her possession any spring balance having a sliding or adjustable face plate or index, or any measure not made of the shape or dimensions required by law, shall be fined the sum of one hundred dollars ($100) for each offense, one-half (1/2) thereof to the use of the town or city in which the offense shall have been committed, and one-half (1/2) thereof to the complainant.

History of Section. G.L. 1896, ch. 167, § 16; P.L. 1902, ch. 974, § 1; G.L. 1909, ch. 194, § 16; G.L. 1923, ch. 221, § 16; G.L. 1938, ch. 407, § 15; G.L. 1956, § 47-3-2 ; P.L. 1980, ch. 340, § 1.

47-3-3. Giving false or insufficient weight or measure.

Whoever, himself or herself or by his or her servant or agent or as the servant or agent of another person, is guilty of giving false or insufficient weight or measure shall, for the first offense, be punished by a fine of not more than fifty dollars ($50.00); for a second offense, by a fine of not more than two hundred dollars ($200); and for a subsequent offense, by a fine of fifty dollars ($50.00) and by imprisonment for not less than thirty (30) nor more than ninety (90) days, except for those offenses for which penalties are provided in § 47-3-3.1 .

History of Section. G.L. 1896, ch. 167, § 17; G.L. 1909, ch. 194, § 17; P.L. 1912, ch. 832, § 1; G.L. 1923, ch. 221, § 17; G.L. 1938, ch. 407,§ 16; G.L. 1956, § 47-3-3 ; P.L. 1983, ch. 266, § 1.

47-3-3.1. Delivery of fuel oil — Fraud — Penalty.

    1. Whoever sells or delivers fuel oil in quantities of twenty (20) gallons or over shall cause a delivery ticket, which shall consist of an original and at least one carbon copy thereof, to be issued. The ticket shall be serially numbered for the purpose of identification and shall have:
      1. Delivery date;
      2. Name and address of the seller; and
      3. Name of purchaser legibly recorded on the ticket prior to delivery of the fuel oil.
    2. Upon completion of delivery, the ticket should include:
      1. Statement of quantity of fuel delivered by sealed meter device in gallons and fractions thereof, if any;
      2. Price per gallon unless purchaser has requested that price not be shown;
      3. Grade of fuel oil; and
      4. Identity of person making the delivery.
    3. One copy of the ticket shall be delivered to the purchaser or his or her agent at the time of delivery of the oil, unless the purchaser has requested or initiates a request that the vendor deliver the ticket to another person or location, or that the delivery of the ticket be made at another time. Another copy of the ticket shall be retained by the seller for a period of three (3) years to be in compliance with division of taxation regulations of the state.
  1. The director of the department of labor and training shall be authorized to enter and go into or upon, at the time of delivery of fuel oil, without warrant, any vehicle to inspect or examine the metering system, vehicle tank compartments, and delivery tickets then in the actual possession or under the control of the person making the delivery and may seize, without warrant, any delivery tickets suspected of constituting a deceptive or fraudulent practice. No copy of the retained delivery ticket shall be destroyed, but may be voided and kept on file.
    1. On deliveries of fuel oils made through a meter, the quantity determinations of the oil delivered shall be mechanically printed on the ticket at the time of delivery. A sales sequence number shall also be mechanically printed on the ticket by the ticket printing mechanism of the metering system unless the printing mechanism is of the cumulative type. The sales sequence number shall not be returnable to zero until it has reached its highest attainable number.
    2. Only one delivery ticket may be inserted into the ticket printing mechanism, and in the case of vehicle tank meters, the ticket shall not be inserted until immediately before a delivery is begun, and in no case shall a ticket be left in the printing mechanism when the vehicle is in motion while on a public street, highway, or thoroughfare. The possession of a preprinted ticket imprinted with a gallon amount in advance of delivery shall be prima facie evidence of intent to use the ticket in violation of this section.
    3. Deliveries of fuel oil made from vehicle tank compartments, not measured at the time of sale by a sealed metering system, shall be made only from calibrated compartments which are filled to an indicator that has been sealed by a sealer or inspector of weights and measures. The preceding sentence shall not apply to the transfer, exchange, or sale of fuel oil which is being transported between bulk storage facilities, or to a purchaser who initiates a request in writing that he or she wishes to accept a carbon copy of the bulk storage metered loading ticket.
  2. Penalties.
    1. Whoever violates any provision of this section shall be punished for the first offense, by a fine of not more than one thousand dollars ($1,000); for the second offense, by a fine of two thousand dollars ($2,000); and for each subsequent offense, by a fine of four thousand dollars ($4,000) and/or imprisonment for not more than six (6) months.
    2. Whoever alters or substitutes a delivery ticket for fraudulent or deceptive purposes shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not more than three (3) years, or both.
    3. In addition to the foregoing penalties, anyone found guilty of violating the provisions of this section shall also be liable civilly to the person defrauded for an amount equal to three (3) times the dollar amount of the cost of the fuel oil of which the party was defrauded.
  3. Definitions.  Whenever in this section, unless otherwise defined, the words “fuel oil” or “petroleum products” are used, they shall be construed to be home heating fuels.

History of Section. P.L. 1983, ch. 266, § 2; P.L. 1984, ch. 301, § 1; P.L. 1984, ch. 337, § 1; P.L. 1988, ch. 84, § 118; P.L. 2007, ch. 340, § 65.

47-3-4. Arrests and prosecutions by director and sealers.

The director of the department of labor and training, and the city and town sealers of weights and measures in the various cities and towns throughout the state, shall be, by virtue of their respective offices, special constables, and as special constables they shall have power to prosecute all persons violating the provisions of this chapter, and shall not be required in prosecutions to furnish any surety for costs. They shall also have power to arrest upon view without warrant, and to detain for a period of not more than twelve (12) hours any person found violating any of the provisions of chapters 1 — 4, or 6 — 8 of this title.

History of Section. P.L. 1899, ch. 669, § 1; G.L. 1909, ch. 194, § 26; G.L. 1923, ch. 221, § 26; G.L. 1938, ch. 407, § 23; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-3-4 .

Cross References.

Functions of department of labor, § 42-16-1 .

Chapter 4 Standard Measures

47-4-1. Dimensions of bushel and half bushel boxes — Marking.

  1. Dimensions.  A box which shall measure on the inside thereof seventeen and one-half inches (171/2") by seventeen and one-half inches (171/2") in length and width, and which on the inside thereof shall measure seven and one-sixteenth inches (71/16") in depth, measured from the highest part of the bottom thereof, is hereby declared to be a legal bushel box for the sale of farm produce. A box which shall measure on the inside thereof thirteen by thirteen inches (13" x 13") in length and width and which on the inside thereof shall measure six and one-sixteenth inches (61/16") in depth, measured from the highest part of the bottom thereof, is hereby declared to be a legal half bushel box for the sale of farm produce.
  2. Marking.  All bushel boxes of the dimensions specified by this section shall be marked in letters not less than one inch in height with the words “standard bushel for farm produce”. All half bushel boxes of the dimensions specified by this section shall be marked in letters not less than one inch in height with the words “standard half bushel for farm produce”.

History of Section. G.L. 1909, ch. 194, § 27; P.L. 1916, ch. 1387, § 1; G.L. 1923, ch. 221, § 27; G.L. 1938, ch. 407, § 24; G.L. 1956, § 47-4-1 ; P.L. 2007, ch. 340, § 66.

Cross References.

Apples, standard barrel and bushel, § 21-18-6 .

Charcoal, standard basket, § 47-12-6 .

Kindling wood, standard basket, § 47-12-4 .

Comparative Legislation.

Standard measures:

Conn. Gen. Stat. § 43-17 et seq.

Mass. Ann. Laws ch. 98, § 3 et seq.

47-4-2. Weights of bushels, barrels, and tons of specific commodities.

The legal weights of certain commodities in the state of Rhode Island shall be as follows:

  1. A bushel of apples shall weigh forty-eight pounds (48 lbs.).
  2. A bushel of apples, dried, shall weigh twenty-five pounds (25 lbs.).
  3. A bushel of apple seed shall weigh forty pounds (40 lbs.).
  4. A bushel of barley shall weigh forty-eight pounds (48 lbs.).
  5. A bushel of beans shall weigh sixty pounds (60 lbs.).
  6. A bushel of beans, castor, shall weigh forty-six pounds (46 lbs.).
  7. A bushel of beets shall weigh fifty pounds (50 lbs.).
  8. A bushel of bran shall weigh twenty pounds (20 lbs.).
  9. A bushel of buckwheat shall weigh forty-eight pounds (48 lbs.).
  10. A bushel of carrots shall weigh fifty pounds (50 lbs.).
  11. A bushel of charcoal shall weigh twenty pounds (20 lbs.).
  12. A bushel of clover seed shall weigh sixty pounds (60 lbs.).
  13. A bushel of coal shall weigh eighty pounds (80 lbs.).
  14. A bushel of coke shall weigh forty pounds (40 lbs.).
  15. A bushel of corn, shelled, shall weigh fifty-six pounds (56 lbs.).
  16. A bushel of corn, in the ear, shall weigh seventy pounds (70 lbs.).
  17. A bushel of corn meal shall weigh fifty pounds (50 lbs.).
  18. A bushel of cotton seed, upland, shall weigh thirty pounds (30 lbs.).
  19. A bushel of cotton seed, Sea Island, shall weigh forty-four pounds (44 lbs.).
  20. A bushel of flax seed shall weigh fifty-six pounds (56 lbs.).
  21. A bushel of hemp shall weigh forty-four pounds (44 lbs.).
  22. A bushel of Hungarian seed shall weigh fifty pounds (50 lbs.).
  23. A bushel of lime shall weigh seventy pounds (70 lbs.).
  24. A bushel of malt shall weigh thirty-eight pounds (38 lbs.).
  25. A bushel of millet seed shall weigh fifty pounds (50 lbs.).
  26. A bushel of oats shall weigh thirty-two pounds (32 lbs.).
  27. A bushel of onions shall weigh fifty pounds (50 lbs.).
  28. A bushel of parsnips shall weigh fifty pounds (50 lbs.).
  29. A bushel of peaches shall weigh forty-eight pounds (48 lbs.).
  30. A bushel of peaches, dried, shall weigh thirty-three pounds (33 lbs.).
  31. A bushel of peas shall weigh sixty pounds (60 lbs.).
  32. A bushel of peas, split, shall weigh sixty pounds (60 lbs.).
  33. A bushel of potatoes shall weigh sixty pounds (60 lbs.).
  34. A bushel of potatoes, sweet, shall weigh fifty-four pounds (54 lbs.).
  35. A bushel of rye shall weigh fifty-six pounds (56 lbs.).
  36. A bushel of rye meal shall weigh fifty pounds (50 lbs.).
  37. A bushel of salt, fine, shall weigh fifty pounds (50 lbs.).
  38. A bushel of salt, coarse, shall weigh seventy pounds (70 lbs.).
  39. A bushel of timothy seed shall weigh forty-five pounds (45 lbs.).
  40. A bushel of shorts shall weigh twenty pounds (20 lbs.).
  41. A bushel of tomatoes shall weigh fifty-six pounds (56 lbs.).
  42. A bushel of turnips shall weigh fifty pounds (50 lbs.).
  43. A bushel of wheat shall weigh sixty pounds (60 lbs.).
  44. A barrel of flour shall contain one hundred ninety-six pounds (196 lbs.).
  45. A ton of coal, net, shall weigh two thousand pounds (2,000 lbs.).
  46. A ton of coal, gross, shall weigh two thousand two hundred forty pounds (2,240 lbs.).

History of Section. P.L. 1900, ch. 758, § 1; G.L. 1909, ch. 194, § 25; G.L. 1923, ch. 221, § 25; G.L. 1938, ch. 407, § 22; G.L. 1956, § 47-4-2 .

Cross References.

Pickled fish, standard measures, § 21-15-4 .

Chapter 5 Gauging of Casks [Repealed.]

47-5-1 — 47-5-6. Repealed.

Repealed Sections.

Sections 47-5-1 through 47-5-6 (G.L. 1896, ch. 168, §§ 1-6; G.L. 1909, ch. 195, §§ 1-6; G.L. 1923, ch. 222, §§ 1-6; G.L. 1938, ch. 414, §§ 1-6), concerning gauging of casks, were repealed by P.L. 1999, ch. 99, § 1, effective June 24, 1999.

Chapter 6 Hay Scales and Platform Balances

47-6-1. Periodical testing and sealing.

Every person who shall keep hay scales or platform balances for public use shall cause the hay scales or platform balances to be tried and sealed at least once in six (6) months by a sworn sealer of weights and measures.

History of Section. G.L. 1896, ch. 167, § 18; G.L. 1909, ch. 194, § 18; G.L. 1923, ch. 221, § 18; G.L. 1938, ch. 407, § 17; G.L. 1956, § 47-6-1 .

Comparative Legislation.

Public scales:

Conn. Gen. Stat. § 43-16a et seq.

Mass. Ann. Laws ch. 94, § 178.

47-6-2. Use of unsealed scales.

Every person who shall keep hay scales or platform balances for public use, or shall weigh or suffer to be weighed in these scales or balances any article of merchandise, unless the scales or balances shall have been tried and sealed as provided in § 47-6-1 , shall be fined one hundred dollars ($100).

History of Section. G.L. 1896, ch. 167, § 19; G.L. 1909, ch. 194, § 19; G.L. 1923, ch. 221, § 19; G.L. 1938, ch. 407, § 18; G.L. 1956, § 47-6-2 .

47-6-3. Testing when office of sealer is vacant.

Whenever the owner or keeper of hay scales or balances shall apply to the mayor of the city or president of the town council, as the case may be, or to any person by him or her appointed for that purpose, in any town or city in which the office of sealer of weights and measures shall from any cause be vacant, to try the scales or balances, and to seal the scales or balances if found correct, the mayor, president, or person so appointed shall try the scales or balances and seal the scales or balances if found correct; and in case of his or her neglect to do so, the owner or keeper shall be exempt from the fine prescribed in § 47-6-2 .

History of Section. G.L. 1896, ch. 167, § 20; G.L. 1909, ch. 194, § 20; G.L. 1923, ch. 221, § 20; G.L. 1938, ch. 407, § 19; G.L. 1956, § 47-6-3 .

Chapter 7 Public Weighers

47-7-1. Appointment of public weighers — Fees.

The town councils of the several towns and the city council of any city shall appoint one or more persons to be weighers of coal and other articles of merchandise, who shall be sworn and be removable at the pleasure of the town or city council appointing them, and shall receive such fees as may be fixed by the town or city council of the several towns or cities, which shall be paid by the seller; provided, that no person shall act as a public weigher of coal or other merchandise of which he or she is either the buyer or seller, or in the sale whereof he or she has any interest.

History of Section. G.L. 1896, ch. 167, § 21; P.L. 1899, ch. 611, § 1; G.L. 1909, ch. 164, § 21; G.L. 1923, ch. 221, § 21; G.L. 1938, ch. 407, § 20; G.L. 1956, § 47-7-1 .

Cross References.

Functions of department of labor, § 42-16-1 .

Comparative Legislation.

Weighers:

Conn. Gen. Stat. § 43-16a et seq.

Mass. Ann. Laws ch. 41, § 85 et seq.; ch. 94, § 178.

Collateral References.

Public weigher, liability of. 23 A.L.R. 1429.

47-7-2. Sale of merchandise without certificate from weigher.

Every person who shall sell coal or other merchandise without its being first weighed by a weigher provided for in § 47-7-1 , when the weighing shall be demanded by the purchaser, and procuring a certificate of the weight for the purchaser, shall be fined twenty dollars ($20.00) for each offense.

History of Section. G.L. 1896, ch. 167, § 22; P.L. 1899, ch. 611, § 2; G.L. 1909, ch. 164, § 22; G.L. 1923, ch. 221, § 22; G.L. 1938, ch. 407, § 21; G.L. 1956, § 47-7-2 .

Chapter 8 Gasoline and Petroleum Products

47-8-1. Testing of measuring devices — Forbidding use — Fee.

  1. The director of the department of labor and training is hereby authorized and directed to have tested all gasoline measuring devices used in the sale of gasoline, from time to time, as in his or her judgment it may be deemed necessary, to prevent fraud or deception in the use of these devices or to ensure the accurate measurement of gasoline in the sale.
  2. Any town or city sealer of weights, measures, and balances shall have authority to condemn and forbid the use of any gasoline measuring device for the sale of gasoline in his or her respective town or city, or until the device has been duly tried and sealed, or until the gasoline measuring device has been equipped with such an attachment, contrivance, or apparatus as will ensure the correct and proper functioning of the measuring device for the sale of the gasoline by accurate measurement.
  3. The sealer of weights and measures in any town or city shall receive the same fee as any state sealer, approved by the state, as stated in § 47-1-5.1 , except in the city of Providence where the sealer shall have the authority to remove and replace any lead seal on any gasoline measuring device and to charge an additional fee of five dollars ($5.00) for that service.

History of Section. G.L. 1909, ch. 194, § 28; P.L. 1922, ch. 2185, § 1; G.L. 1923, ch. 221, § 28; G.L. 1938, ch. 407, § 25; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-8-1 ; P.L. 1970, ch. 266, § 1; P.L. 1980, ch. 344, § 1; P.L. 1984, ch. 252, § 2; P.L. 1984, ch. 259, § 1; P.L. 2002, ch. 65, art. 13, § 12; P.L. 2007, ch. 340, § 67; P.L. 2018, ch. 211, § 2; P.L. 2018, ch. 272, § 2; P.L. 2019, ch. 308, art. 2, § 15.

Compiler’s Notes.

P.L. 2018, ch. 211, § 2, and P.L. 2018, ch. 272, § 2 enacted similar amendments to subsection (c) of this section. P.L. 2019, ch. 308, art. 2, § 15, retained the version of subsection (c) as amended by P.L. 2018, ch. 272, § 2.

Cross References.

Department of labor, functions, § 42-16-1 .

Filling station equipment, inspection, § 31-37-4 .

Quality testing of gasoline, § 31-37-6 .

Tax administrator, testing by, § 31-37-4 .

Comparative Legislation.

Equipment tests:

Conn. Gen. Stat. § 43-46 et seq.

Mass. Ann. Laws ch. 98, §§ 41, 42, 46.

47-8-2. Sealed measure to be used on demand of purchaser.

Any person, firm, or corporation selling or vending gasoline from a gasoline station, so-called, or from a garage, shall keep for use at the gasoline station or garage a five (5) gallon measure which has been properly tested and sealed by the sealer of weights, measures, and balances of the town or city in which the gasoline station or garage is located. Upon the request of any purchaser of gasoline, the person selling the gasoline shall, in the presence of the purchaser, use the gasoline measure in the sale of the gasoline.

History of Section. G.L. 1909, ch. 194, § 29; P.L. 1922, ch. 2185, § 1; G.L. 1923, ch. 221, § 29; G.L. 1938, ch. 407, § 26; G.L. 1956, § 47-8-2 .

47-8-3. Use of sealed measure after seal on measuring device broken.

Whenever it becomes necessary in the repairing of any gasoline measuring device to break the seal of the gasoline measuring device, it shall be the duty of every person, firm, or corporation selling or vending gasoline at a gasoline station or garage to use a five (5) gallon measure which has been properly tested and sealed, until such time as the gasoline measuring device shall have been repaired and properly tested and sealed by the sealer of weights, measures, and balances of the town or city in which the gasoline station or garage is located.

History of Section. G.L. 1909, ch. 194, § 30; P.L. 1922, ch. 2185, § 1; G.L. 1923, ch. 221, § 30; G.L. 1938, ch. 407, § 27; G.L. 1956, § 47-8-3 .

47-8-4. Standard measure furnished to towns by director of the department of labor and training.

The director of the department of labor and training shall furnish to the sealer of weights, measures, and balances of each town and city one five (5) gallon liquid measure, to be paid for by the respective town or city. Each measure before being used for the purpose described in §§ 47-8-2 47-8-4 shall be tested and sealed by the director of labor and training to have a capacity of five (5) gallons liquid measure according to the United States standard. The measure after being so tested and sealed shall be used exclusively for the purpose of testing and sealing all measuring devices used in the sale of gasoline.

History of Section. G.L. 1909, ch. 194, § 31; P.L. 1922, ch. 2185, § 1; G.L. 1923, ch. 221, § 31; G.L. 1938, ch. 407, § 28; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-8-4 .

47-8-5. Testing and marking of tank vehicles and meters.

  1. The capacity of every tank vehicle used and each compartment thereof used for the transportation over the public highways of this state of fuels, such as gasoline and other volatile and inflammable liquids including oils used for heating purposes, when used as a measuring device shall be tested and sealed at least once every three (3) years by the director of labor and training. The capacity, when so determined, shall be plainly printed upon the right hand side of the vehicle tank dome in letters and numerals not less than one inch in height. The meters of the vehicle tanks and the meters of home delivery truck vehicles and loading rack meters shall be tested and sealed at least once a year by the director of labor and training.
  2. The director of the department of labor and training shall assess a fee of one and eight tenths cent (1.8¢) per gallon for measuring tank vehicles, and a fee of nine dollars and sixty cents ($9.60) for testing meters on tank vehicles, and home delivery truck vehicles, except, when those meters are gravity fed, the fee shall be eighteen dollars ($18.00), and a fee of eighteen dollars ($18.00) shall be assessed for testing loading rack meters at least once every year, and a fee of twenty-four dollars ($24.00) shall be assessed for testing and sealing of bottom loading rack meters at least once every year.
  3. The director of the department of labor and training shall also receive reasonable compensation for all adjustments which it may be necessary for the director to make. Reasonable compensation shall not exceed the rates as provided herein.

History of Section. G.L. 1938, ch. 221, § 33; P.L. 1938, ch. 2625, § 1; G.L. 1938, ch. 407, § 29; impl. am. P.L. 1941, ch. 1069, § 12; G.L. 1956, § 47-8-5 ; P.L. 1960, ch. 74, § 25; P.L. 1980, ch. 224, § 1; P.L. 1981, ch. 39, § 1; P.L. 1984, ch. 211, § 1; P.L. 1989, ch. 386, § 1; P.L. 2002, ch. 65, art. 13, § 12; P.L. 2007, ch. 340, § 67.

Cross References.

Fuel trucks, measurement and marking of capacity, § 31-36-5 .

47-8-6. Use of unsealed or condemned measuring device.

Every person who shall use or cause to be used any gasoline measuring device without first having the device tested and sealed by the town or city sealer of weights, measures, and balances wherein the gasoline measuring device is located, and every person who shall use or cause to be used any gasoline measuring device after the device has been condemned by any town or city sealer of weights, measures, and balances, and before the device has been again tested and sealed, shall be deemed guilty of a misdemeanor and shall be fined not exceeding fifty dollars ($50.00) for each offense.

History of Section. G.L. 1909, ch. 194, § 32; P.L. 1922, ch. 2185, § 1; G.L. 1923, ch. 221, § 32; G.L. 1938, ch. 407, § 30; G.L. 1956, § 47-8-6 .

Cross References.

False or insufficient weights and measures prohibited, § 31-37-7 .

47-8-7. Liability insurance — Marking of vehicles.

  1. The owner of land or facilities used to store petroleum products or who owns or leases vehicles used to transport petroleum products for purposes of resale shall maintain a liability insurance policy which includes pollution liability broad form coverage of no less than two million dollars ($2,000,000). The insurance policy shall be comprehensive in nature and include coverage for underground or aboveground contamination due to leakage from any kind of a petroleum product stored on the land or facility or which may be discharged from a vehicle transporting the petroleum product for purposes of resale. The provisions of this section shall apply to owners of facilities that are engaged in the business of selling petroleum products at wholesale or retail, and shall not apply to leasing companies engaged in the business of leasing or renting vehicles used to transport petroleum products.
  2. Any petroleum delivery vehicle carrying petroleum products must have certification, on Rhode Island form GU-1338A or Rhode Island form DMU-1, of a two million dollar ($2,000,000) liability insurance policy which includes pollution liability broad form coverage prior to registration of the vehicle in the state of Rhode Island. Proof of certification of the insurance must be on file with wholesale suppliers and/or petroleum distributor terminals for vehicles to obtain petroleum products in Rhode Island for marketing. A state of Rhode Island resale certificate number must also be on file with the supplier and distributing terminal. The provisions of this section relating to liability insurance do not apply in those cases where an owner certifies that he or she is self insured, to at least the required amount, and provides certification of the self insurance.
    1. Any petroleum delivery vehicle carrying petroleum products must comply with section 397.21 of the federal Motor Carriers Safety Regulations for the Transportation of Hazardous Materials, entitled “Marking of Vehicles Operated by Private Carriers”, prior to registration of the vehicle, and maintain the registration of the vehicle by the motor vehicle division of the department of administration of the state of Rhode Island. The marking shall include the following:
      1. Placarding in accordance with federal requirements.
      2. The name of the enterprise, and the city or town in which the enterprise maintains its principal office or in which the vehicle or vehicles are customarily based.
    2. The markings must appear on both sides of the vehicle, be in letters that contrast sharply in color with the background, be readily legible during daylight hours from a distance of fifty feet (50´) while the vehicle is stationary, and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device if that device meets the identification and legibility requirements of this subsection, for a period not to exceed three (3) months after registration of said vehicle.
  3. The director of the department of administration is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this section.

History of Section. P.L. 1983, ch. 266, § 4; P.L. 1984, ch. 288, § 1; P.L. 1988, ch. 84, § 119; P.L. 1992, ch. 150, § 1; P.L. 1993, ch. 209, § 1; P.L. 1999, ch. 426, § 1; P.L. 2007, ch. 340, § 67.

47-8-8. Licensing of petroleum products delivery companies.

    1. There shall be an annual license fee of one hundred twenty dollars ($120) for each enterprise name used or involved in the delivery of petroleum products and a reapplication fee of six hundred dollars ($600) for each enterprise required to renew who fail to do so after the licensing date of August 1. All monies received under this section shall be deposited as general revenue. The application for a license to be issued and administered by the weights and measures division of the department of labor and training shall include:
      1. Certification of two million dollars ($2,000,000) liability insurance which includes pollution liability broad form coverage or certification of self insurance.
      2. Number of registered and unregistered delivery vehicles (including color, type of vehicle, and year and make of vehicle).
      3. Statement that petroleum delivery vehicle identifications are in accordance with § 397 of federal Motor Carriers Safety Regulations for the Transportation of Hazardous Materials, including § 397.21, entitled “Marking of Vehicles Operated by Private Carriers” including:
        1. Placarding in accordance with federal requirements.
        2. The name of the enterprise to whom the petroleum company license is issued, and the city or town in which the enterprise maintains its principal office or in which the vehicle or vehicles are customarily based.
    2. The markings specified in subsection (a)(1)(iii) must appear on both sides of the vehicle, and be in letters that contrast sharply in color with the background; and be readily legible during daylight hours from a distance of fifty feet (50´) while the vehicle is stationary; and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device, if that device meets the identification and legibility requirements of this paragraph, for a period not to exceed three (3) months after the registration of said vehicle.
    3. All meters of the vehicles listed on the application must be tested and sealed before the meters shall be used in any delivery of petroleum products. The meters shall be tolerance tested for compliance with the current year National Institute of Standards and Technology Handbook #44. Meters not in tolerance compliance shall be so marked in accordance with § 47-3-1 and subject to the fines as stated.
    1. An enterprise so licensed shall be required to provide the wholesale petroleum terminals with proof of the fact that it is licensed prior to obtaining any petroleum products.
    2. An enterprise so licensed shall be required to use:
      1. Said license number; and
      2. Enterprise name when advertising or offering for sale home heating fuels.
    1. The director of the department of labor and training is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this chapter.
    2. The rules and regulations shall be promulgated as required to enforce this section.

History of Section. P.L. 1983, ch. 266, § 4; P.L. 1984, ch. 421, § 1; P.L. 1989, ch. 386, § 1; P.L. 1992, ch. 133, art. 33, § 1; P.L. 1993, ch. 213, § 1; P.L. 1995, ch. 370, art. 40, § 163; P.L. 1999, ch. 426, § 1; P.L. 2002, ch. 65, art. 13, § 12.

47-8-9. Definitions.

Wherever in this chapter, unless otherwise defined, the words “fuel oil” or “petroleum products” are used, they shall be construed to be home heating fuels.

History of Section. P.L. 1983, ch. 266, § 4.

Chapter 9 Grain and Salt [Repealed.]

47-9-1 — 47-9-9. Repealed.

Repealed Sections.

Sections 47-9-1 through 47-9-9 (G.L. 1896, ch. 139, §§ 1-9; G.L. 1909, ch. 165, §§ 1-9; G.L. 1923, ch. 195, §§ 1-9; G.L. 1938, ch. 408, §§ 1-9), concerning grain and salt and the measurement thereof, were repealed by P.L. 1999, ch. 99, § 2, effective June 24, 1999.

Chapter 10 Cotton [Repealed.]

47-10-1 — 47-10-4. Repealed.

Repealed Sections.

Sections 47-10-1 through 47-10-4 (G.L. 1896, ch. 140, §§ 1-4; G.L. 1909, ch. 166, §§ 1-4; G.L. 1923, ch. 196, §§ 1-4; G.L. 1938, ch. 409, §§ 1-4), concerning cotton, were repealed by P.L. 1999, ch. 99, § 3, effective June 24, 1999.

Chapter 11 Neat Cattle [Repealed.]

47-11-1 — 47-11-5. Repealed.

Repealed Sections.

Sections 47-11-1 through 47-11-5 (G.L. 1896, ch. 40, § 5; G.L. 1909, ch. 50, § 5; G.L. 1923, ch. 51, § 5; G.L. 1938, ch. 333, § 5; G.L. 1896, ch. 145, §§ 1-4; G.L. 1909, ch. 171, §§ 1-4; G.L. 1923, ch. 201, §§ 1-4; G.L. 1938, ch. 410, §§ 1-4), concerning the weighing of neat cattle, were repealed by P.L. 1999, ch. 99, § 4, effective June 24, 1999.

Chapter 12 Firewood and Charcoal

47-12-1. Standard cord.

The cord shall measure in quantity equal to a cord of eight feet (8´) in length, four feet (4´) in width, and four feet (4´) in height, including one-half (1/2) of the kerf, and be well stowed and closely laid together.

History of Section. G. L. 1896, ch. 149, § 1; G. L. 1909, ch. 175, § 1; G. L. 1923, ch. 206, § 1; G. L. 1938, ch. 411, § 1; G. L. 1956, § 47-12-1 ; P.L. 1980, ch. 203, § 1.

Comparative Legislation.

Wood and charcoal:

Conn. Gen. Stat. §§ 43-18, 43-27.

Mass. Ann. Laws ch. 94, §§ 238 et seq., 296.

47-12-2. Cording fees.

Every person chosen by a town to be a corder of wood shall receive for cording and measuring not exceeding twelve cents (12¢) per cord, to be paid by the purchaser of the wood.

History of Section. G.L. 1896, ch. 149, § 2; G.L. 1909, ch. 175, § 2; G.L. 1923, ch. 206, § 2; G.L. 1938, ch. 411, § 2; G.L. 1956, § 47-12-2 .

Cross References.

Election and qualification of corder, § 45-4-1 et seq.

Impersonation of corder, penalty, § 11-14-2 .

47-12-3. Sale of firewood.

  1. Cordwood sold or offered or exposed for sale shall be four feet (4´) in length. The term   “firewood” shall be construed to mean and include wood cut to any lengths of less than four feet (4´) and more than eight inches (8"). Cordwood and firewood shall be advertised, offered for sale, and sold only in terms of cubic feet or cubic meters which will be construed as indicating the closely stacked cubic foot or cubic meter content to be delivered to the purchaser. The terms    “cord”, “face cord”, “pile”, “truckload”, or terms of similar import shall not be used in the advertising and sale of cordwood or firewood.
  2. The term   “kindling wood” shall be construed to mean and include all split wood, edgings, clippings, or other waste wood averaging eight inches (8") in length. The standard unit of measure for kindling wood shall be the bushel of two thousand, one hundred and fifty and forty-two hundredths cubic inches (2150.42 cu. in.).

History of Section. G.L. 1896, ch. 149, § 3; G.L. 1909, ch. 175, § 3; G.L. 1923, ch. 206, § 3; G.L. 1938, ch. 411, § 3; G.L. 1956, § 47-12-3 ; P.L. 1980, ch. 203, § 1; P.L. 2007, ch. 340, § 68.

47-12-3.1. Repealed.

Repealed Sections.

This section (P.L. 1981, ch. 378, § 1), concerning licensing of wood dealers, was repealed by P.L. 1984, ch. 411, § 1, effective May 17, 1984.

47-12-4. Fraudulent sale of firewood.

  1. Whoever, except as otherwise provided, sells cordwood or firewood, shall cause a delivery ticket or sales invoice to be issued and delivered to the purchaser or his or her agent at the time of delivery of the wood. The delivery ticket or sales invoice shall include the name and address of the seller and the purchaser, the quantity delivered to the purchaser in terms of cubic feet or cubic meters, the date delivered, and the price of the quantity of wood delivered.
  2. Whoever violates any provision of this or the preceding sections shall be punished for the first offense by a fine of fifty dollars ($50.00), for the second offense by a fine of one hundred dollars ($100), and for each subsequent offense by a fine of two hundred dollars ($200). Whoever alters or substitutes a delivery ticket or sales invoice for fraudulent or deceptive purposes shall be punished by a fine of not more than two hundred fifty dollars ($250).

History of Section. G.L. 1896, ch. 149, § 8; G.L. 1909, ch. 175, § 8; G.L. 1923, ch. 206, § 8; G.L. 1938, ch. 411, § 8; G.L. 1956, § 47-12-4 ; P.L. 1980, ch. 203, § 3; P.L. 2007, ch. 340, § 68.

Repealed Sections.

The former section (G.L. 1896, ch. 149, § 8; G.L. 1909, ch. 175, § 8; G.L. 1923, ch. 206, § 8; G.L. 1938, ch. 411, § 8; G.L. 1956, § 47-12-4 ) was repealed by P.L. 1980, ch. 203, § 2.

Cross References.

Standard bushel, § 47-4-2 .

47-12-5. Repealed.

Repealed Sections.

This section (G.L. 1896, ch. 149, § 9; G.L. 1909, ch. 175, § 9; G.L. 1923, ch. 206, § 9; G.L. 1938, ch. 411, § 9; G.L. 1956, § 47-12-5 ) was repealed by P.L. 1980, ch. 203, § 2.

47-12-6. Standard charcoal basket.

Every basket used in measuring charcoal brought into any town for sale shall be of the following dimensions: nineteen inches (19") in breadth in every part thereof, and seventeen and one-half inches (171/2”) deep, measuring from the highest part of the bottom of the basket perpendicularly to a level with the top of the basket.

History of Section. G.L. 1896, ch. 149, § 4; G.L. 1909, ch. 175, § 4; G.L. 1923, ch. 206, § 4; G.L. 1938, ch. 411, § 4; G.L. 1956, § 47-12-6 .

47-12-7. Sealing of charcoal baskets.

Every basket shall be sealed by the sealer of weights and measures of the town where the person so using the basket shall usually reside, or of the town where the coal shall be so measured for sale, and shall also be well heaped.

History of Section. G.L. 1896, ch. 149, § 5; G.L. 1909, ch. 175, § 5; G.L. 1923, ch. 206, § 5; G.L. 1938, ch. 411, § 5; G.L. 1956, § 42-12-7 .

47-12-8. Sale of charcoal in unsealed or nonstandard basket.

Every person who shall measure charcoal offered for sale in any basket of other dimensions than as aforesaid, or not sealed as aforesaid, shall be fined one hundred dollars ($100).

History of Section. G.L. 1896, ch. 149, § 6; G.L. 1909, ch. 175, § 6; G.L. 1923, ch. 206, § 6; G.L. 1938, ch. 411, § 6; G.L. 1956, § 47-12-8 ; P.L. 1980, ch. 343, § 1.

47-12-9. Seizure of nonstandard charcoal baskets — Prosecution of violations.

The town councils of the several towns may appoint, as occasion may require, some suitable person or persons to seize and secure, within their respective towns, all baskets used for measuring coal that shall not be of the dimensions aforesaid, and sealed as aforesaid, and to prosecute every person who shall be guilty of any violation of any of the provisions of this chapter; but no person shall be obliged to measure charcoal, where the quantity shall be agreed on by the buyer and seller.

History of Section. G.L. 1896, ch. 149, § 7; G.L. 1909, ch. 175, § 7; G.L. 1923, ch. 206, § 7; G.L. 1938, cf. 411, § 7; G.L. 1956, § 47-12-9 .

47-12-10. Seizure of nonstandard baskets by town sealer — Prosecution of violations.

The town or city sealers of the several cities and towns, and such persons as the town councils of the several towns may appoint, shall seize and secure all baskets used for measuring coal, short wood, or kindling wood, that shall not be sealed, or shall not be of the dimensions provided by law, and prosecute every person who shall be guilty of any violation of the provisions of the laws defining the size of the baskets.

History of Section. G.L. 1896, ch. 149, § 10; G.L. 1909, ch. 175, § 10; G.L. 1923, ch. 206, § 10; G.L. 1938, ch. 411, § 10; G.L. 1956, § 47-12-10 .

47-12-11. Penalty for sealing nonstandard basket.

Every sealer of weights and measures who shall seal any basket not being of the lawful dimensions, shall be fined twenty dollars ($20.00).

History of Section. G.L. 1896, ch. 149, § 11; G.L. 1909, ch. 175, § 11; G.L. 1923, ch. 206, § 11; G.L. 1938, ch. 411, § 11; G.L. 1956, § 47-12-11 .

Chapter 13 Fish [Repealed.]

47-13-1 — 47-13-3. Repealed.

Repealed Sections.

Sections 47-13-1 through 47-13-3 (G.L. 1896, ch. 150, §§ 1-3; G.L. 1909, ch. 176, §§ 1-3; G.L. 1923, ch. 207, §§ 1-3; G.L. 1938, ch. 412, §§ 1-3; 1980, ch. 69, § 1), concerning the measurement of fish, were repealed by P.L. 1999, ch. 99, § 5, effective June 24, 1999.

Chapter 14 Hay and Straw

47-14-1. Weighing and marking of bundles.

Before any hay or straw pressed into bundles shall be delivered to any purchaser within the state, the bundles shall be weighed by some town weigher, and the tare for wood and other bindings about the bundles, as nearly as they can be ascertained without unbinding the same, shall be deducted therefrom, and the gross weight of the bundle with the tare ascertained as aforesaid, and the weight of the hay or straw therein shall, in legible figures with the initials of the weigher, be marked upon some board or wood attached to each bundle of hay or straw.

History of Section. G.L. 1896, ch. 153, § 1; G.L. 1909, ch. 179, § 1; G.L. 1923, ch. 209, § 1; G.L. 1938, ch. 413, § 1; G.L. 1956, § 47-14-1 .

47-14-2. Concealment of wet, damaged, or inferior hay or straw.

Every person who shall put into or conceal in any bundle of hay or straw any wet or damaged hay or other material or hay of an inferior quality to that which plainly appears upon the outside of the bundle, or who knowingly offers for sale or sells any bundle as merchantable in which there is concealed any wet, damaged, or inferior hay or other materials shall be deemed guilty of a misdemeanor.

History of Section. G.L. 1896, ch. 153, § 2; G.L. 1909, ch. 179, § 2; G.L. 1923, ch. 209, § 2; G.L. 1938, ch. 413, § 2; G.L. 1956, § 47-14-2 .

47-14-3. Penalty for violations — Sale for consumption or by weight.

Every person violating any of the provisions of this chapter shall be fined twenty dollars ($20.00) and forfeit one hundred dollars ($100), one-half (1/2) thereof to the use of the town and one-half (1/2) thereof to the use of the person who shall sue for the same. But nothing herein contained shall be so construed as to apply to the sale of hay and straw sold by the producer thereof for consumption and not to be resold, nor to prevent the purchase of commodities by a standard weight expressly agreed on by the parties.

History of Section. G.L. 1896, ch. 153, § 3; G.L. 1909, ch. 179, § 3; G.L. 1923, ch. 209, § 3; G.L. 1938, ch. 413, § 3; G.L. 1956, § 47-14-3 .

Chapter 15 Containers

47-15-1. Purpose.

This chapter is designed to protect purchasers of any commodity within its provisions against deception or misrepresentation as to the quantity or amount of the commodity purchased, and, as against the seller, shall be strictly construed with a view to effect its object.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-2. Applicability.

Except as provided in the following section, the provisions of this chapter apply to any commodity when sold, offered, or exposed for sale in containers.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-3. Exemptions.

The provisions of this chapter do not apply:

  1. To a sale of a commodity when the sale is made from bulk and the quantity is weighed, measured, or counted for the immediate purpose of the sale;
  2. To the sale of a commodity in any container of a net weight of one-half ounce (1/2 oz.) or less avoirdupois, or of a net measure of one-half (1/2) fluid ounce or less, or when the net count, other than by linear measure, is less than six (6), and the contents are readily visible;
    1. To a sale of medicine when prescribed by a licensed physician, veterinarian, or dentist, or to a sale of medicinal or pharmaceutical preparations of mixtures of two (2) or more medicinal substances.
    2. This subdivision shall not be construed as exempting products from the requirements of accuracy in statements of total physical weight, counts, and measures.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-4. “Container” defined.

“Container” as used in this chapter means any receptacle or carton, whether lidded or unlidded, into which a commodity is packed or placed, or any wrappings with or into which any commodity is wrapped or put for sale.

History of Section. G.L. 1956, § 47-15-4 ; P.L. 1966, ch. 165, § 1.

47-15-5. “Lidded container” and “closed container” defined.

As used in this chapter, “lidded container” and “closed container” are synonymous and, unless otherwise specifically defined in this chapter, mean any container of which forty percent (40%) or more of the opening is covered by any material in the form of a lid, cover, or wrapping of any kind.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-6. False construction.

  1. No container wherein commodities are packed shall have a false bottom, false side walls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud.
  2. Any sealer may seize any container which facilitates the perpetration of deception or fraud, and the contents of the container. By order of the superior court of the county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon such conditions as the court may impose to insure against their use in violation of this chapter. The contents of any condemned container shall be returned to the owner thereof if the owner furnishes proper facilities for its return.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-7. Net quantity labels.

  1. Whenever any commodities are sold in containers, the net quantity of the contents of the container shall be plainly and conspicuously marked, branded, or otherwise indicated on the principal display panel of the container or on a label or tag attached thereto; provided, that containers, circular in cross-sectional area, may contain the statement of net quantity on either the principal display panel or on an area immediately adjacent thereto, which area shall be equivalent to not less than twenty percent (20%) of the entire label, or on the top of the container if the cross-sectional area is not less than the cross-sectional area of the bottom of the container. The size of the markings shall be governed by the area of the display panel, or the area of the label or tag attached.
  2. The state sealer shall establish necessary rules and regulations to carry out the design of this chapter.
  3. The provisions of this section do not apply:
    1. To containers while being used for the delivery of a food which, in accordance with the practice of the trade, is to be processed, labeled, packed, or repacked on premises other than where originally placed in those containers.
    2. To transparent wrappings, devoid of any words, letters, or numerals, used as a means of protecting the commodity, when the weight or count of the contents, or any portion thereof, is accurately determined at the time of, and for the immediate purpose of, sale.
    3. To an unlidded container when the weight of the contents, or any portion thereof, can be accurately determined at the time of, and for the immediate purpose of, sale, by the seller at the request of the buyer, on a weighing device installed for the purpose on the premises of the seller and sealed in accordance with the provisions of this division.
    4. To an unlidded container when the count of the contents, or any portion thereof, is accurately determined at the time of, and for the immediate purpose of, sale.
    5. To containers of fruits and vegetables, when the quantity is expressed in terms of count.
    6. To containers of petroleum products where the net quantity of the contents of the containers is plainly and conspicuously marked, branded, or otherwise indicated on the side or top thereof.
    7. When bottles containing beverages which conform to this chapter are placed in a carrying case of six (6) or more, the carrying case shall be exempt from the provisions of this chapter.
  4. Whenever a commodity in a container is offered for sale, exposed for sale, or sold without a statement of net quantity appearing thereon as required by this section, the sealer shall, in writing, order the container and its contents off sale, and require that an accurate statement of net quantity be placed on the container before it may be released by the sealer.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-8. Designation to be net — Non-rigid containers.

The designation of the quantity of the commodity shall be the net amount and shall be expressed in terms of weight, measure, or numerical count so that the quantity of the contents so marked shall be the net amount of the commodity in the package or container. Effective January 1, 1967, whenever the quantity is expressed in terms of measure or volume, the measure or volume declared on the label shall not be greater than the interior displacement of the container. Whenever the quantity of any commodity sold in a non-rigid container is expressed in terms of measure or volume, the measure or volume of the container for the commodity shall be determined in accordance with regulations established by the director. Whenever any commodity is sold in compressed form, the container of the commodity may carry a supplemental statement showing the measure or volume of the commodity in uncompressed form. Any letters, figures, or numerals used in the supplemental statement shall not be greater in size, or more conspicuously displayed, than the letters, figures, or numerals used in the required statement of quantity. The method of determining the measure or volume of the commodity in uncompressed form may be established by regulations of the director. No trademark, brand number, number, or numerals in combination or otherwise, shall be used on the side, top, or ends of the container which will facilitate deception or misrepresentation.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-9. Solids and fluids — Trade custom.

The statement designating the quantity of the commodity shall be expressed in the terms of weight, measure, numerical count, or combination of numerical count and weight or measure, which are generally used by consumers to express quantity of the commodity and shall give accurate information as to the quantity thereof. If no general consumer usage exists which expresses accurate information as to the quantity of the commodity, the statement shall be in terms of liquid measure if the commodity is liquid, or in terms of weight if the commodity is solid. The quantity of viscous or semisolid commodities, or of a mixture of solids and liquids, may be stated in terms of weight or measure or both. When commodities are packed in brine or other nonedible preserving fluids, the weight or measure of the brine or nonedible fluid shall not be included in the weight or measure of the edible or other commodity indicated on the container. The content declaration for commodities packed in aerosol type containers shall be in terms of net weight.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-10. Statements of weight and measure.

  1. A statement of weight shall be in terms of the avoirdupois pound and ounce. A statement of liquid measure shall be in terms of the United States gallon of 231 cubic inches, quart, pint, and fluid ounce, and, with the exception of liquid petroleum products, shall express the volume at 68 degrees Fahrenheit (20 degrees Centigrade), provided, that refrigerated commodities shall express the volume at the temperature at which the product is kept or offered for sale. A statement of dry measure shall be in terms of the United States bushel of 2,150.42 cubic inches, peck, dry quart, and dry pint. A statement of linear measure shall be in terms of the standard yard, foot, and inch. In lieu thereof, a statement of weight or measure may be in terms of the metric system. A statement of numerical count shall be expressed either in English words or Arabic numerals.
  2. Nothing in this chapter shall prohibit expressing content statements in terms of the decimal system.
  3. In addition to the quantity statements permitted by this section, liquid commodities may also be sold in containers marked one-half (1/2) gallon, one-half (1/2) pint, or one-quarter (1/4) pint. Fluid dairy products may be tested by a weights and measures official on the basis of weight as prescribed by regulations of the director.
  4. In no case shall a declaration of quantity be qualified by the addition of the words,   “when packed” or any words of similar import, nor shall any unit of weight, measure, or count be qualified by any term (such as jumbo, giant, full, or the like) that tends to exaggerate the amount of the commodity in the container.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-11. Largest unit statement of quantity.

If the quantity of the commodity in the container equals or exceeds the smallest unit of weight or measure which is specified in § 47-15-10 , the statement of quantity shall be expressed in the number of the largest of the units contained therein. Where the number is a whole number and a fraction, there may be substituted for the fraction its equivalent in smaller units. The stated number of any unit which is smaller than the largest unit specified in § 47-15-10 , shall not equal or exceed the number of those smaller units in the next larger unit so specified.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-12. Designation to be minimum without tolerance below.

The quantity of the contents may be stated in terms of minimum weight, minimum measure, or minimum count, but in those cases, the actual quantity shall in no instance exceed the stated minimum by more than ten percent (10%), and there shall be no tolerance below the stated minimum, except that the limitation on the actual quantity in excess of stated minimums shall not apply to peat moss, leaf mold, compost, animal manure, mulching materials, or similar materials or mixtures thereof, and for those materials the director may, by regulations, establish reasonable permissible maximums.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-13. Violations.

It is unlawful to pack, ship, or sell for resale at retail, any commodity in a container which does not conform to all the specifications of this chapter; or which is not conspicuously marked, branded, or otherwise labeled as required by this chapter; or on which any word, statement, or other information required by this chapter is not prominently placed, in such terms and with such conspicuousness, as compared with other words, statements, designs, or devices on the label or container, as to render it likely to be read and understood by ordinary persons under customary conditions of purchase and use.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-14. Federal laws and regulations.

The sale of any commodity packaged in a container, wherein both the container and the contents thereof comply with any act of congress or rules or regulations promulgated thereunder, appertaining to weight, measure, or count, does not violate the provisions of this chapter; nor does the sale of alcoholic beverages in containers complying with a rule, regulation, or an approval of the United States Treasury Department, Bureau of Internal Revenue, Alcohol Tax Unit, or of the state department of health, and pertaining to weight, measure, or count constitute a violation of the provisions of this chapter.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-15. Permissible discrepancies.

When a commodity in a container is sold, and there is a discrepancy between the actual quantity of the commodities in the container and the net quantity of the contents thereof indicated on the container or between the fill of the commodity in the container and the capacity of the container, there is no violation of this chapter:

  1. If the discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.
  2. If the seller purchased the commodity in the container, in good faith, relying upon the indication of the net contents thereof, and sold the commodity in the container without altering the contents thereof or the indication of the contents thereof, and the container had the name of a packer, manufacturer, wholesaler, or jobber thereon at the time the seller purchased it.

History of Section. P.L. 1966, ch. 165, § 1.

47-15-16. Penalty.

The violation of any provision of this chapter is a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not exceeding six (6) months, or by both.

History of Section. P.L. 1966, ch. 165, § 1.

Chapter 16 Public Utilities Metering Devices

47-16-1. Forbidding use of metering devices.

Any town or city sealer of weights, measures, and balances shall have authority to condemn and forbid the use of any metering device for the sale of electricity, water, or natural gas in his or her respective town or city, or until the device has been duly tried and sealed, or until the metering device has been equipped with such attachment, contrivance, or apparatus as will insure the correct and proper functioning of the measuring device for the sale of the electricity, water, or natural gas by accurate measurement.

History of Section. P.L. 1972, ch. 162, § 1; P.L. 2003, ch. 376, art. 6, § 1; P.L. 2007, ch. 340, § 69; P.L. 2008, ch. 100, art. 29, § 2.

Comparative Legislation.

Testing public utilities meters:

Conn. Gen. Stat. § 16-259.

Mass. Ann. Laws ch. 164, § 103 et seq.

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