Section 363.510 - Definitions for KRS 363.510 to 363.850When used in KRS 363.510 to 363.850:
(1) "Department" means the Kentucky Department of Agriculture;(2) "Commissioner" means the Commissioner of Agriculture;(3) "Division" means the Division of Regulation and Inspection;(4)(a) "Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any of the instruments and devices.(b) The term shall include instruments and devices used to measure internal moisture or density levels in unprocessed bulk tobacco if that moisture or density determination is used as a condition of sale or as part of a contractual sales agreement.(c) The term shall not include meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from the purview of KRS 363.510 to 363.850, and none of the provisions of KRS 363.510 to 363.850 shall apply to those meters or to any appliances or accessories associated with those meters;(5) "Sell" and "sale" mean barter and exchange;(6) "Director" means the state director of the Division of Regulation and Inspection;(7) "Inspector" means a state inspector of weights and measures;(8) "Intrastate commerce" means all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Kentucky, and the phrase "introduced into intrastate commerce" defines the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser;(9) "Commodity in package form" means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container enclosing packages that individually conform to the requirements of KRS 363.510 to 363.850. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be considered a commodity in package form;(10) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions;(11) "Nonconsumer package" or "package of nonconsumer commodity" means any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only;(12)(a) "Barrel," when used in connection with fermented liquor, means a unit of thirty-one (31) gallons.(b) "Ton" means a unit of two thousand (2,000) pounds avoirdupois weight.(c) "Cord," when used in connection with wood intended for fuel purposes, means the amount of wood that is contained in a space of one hundred twenty-eight (128) cubic feet when the wood is ranked and well stowed; and(13) "Weight," as used in connection with any commodity, means net weight. If any commodity is sold on the basis of weight, the net weight of the commodity shall be used, and all contracts concerning commodities shall use net weight as their basis of weight.Amended by 2014 Ky. Acts ch. 92,§ 303, eff. 1/1/2015.Effective:6/8/2011
Amended 2011, Ky. Acts ch. 18, sec. 2, effective6/8/2011. -- Amended 2002, Ky. Acts ch. 49, sec. 22, effective 7/15/2002. -- Created 1970 Ky. Acts ch. 264, secs. 1, 3, and 27.