Section 192-F. Bulk sales or transportation; coal and coke  


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