§ 2651. Definitions
As used in this chapter, the following words and phrases have the following meanings:
(1) “Commodity in package form” means commodity put up or packaged in any manner in advance
of sale in units suitable for either wholesale or retail sale, exclusive, however,
of an auxiliary shipping container enclosing packages that individually conform to
the requirements of this chapter. 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 commodity
in package form.
(2) “Commercial weighing and measuring device” shall be construed to include any weight
or measure or weighing or measuring device commercially used or employed in establishing
the size, quantity, extent, area, or measurement of quantities, things, produce, or
articles for distribution or consumption, purchased, offered, or submitted for sale,
hire, or award, or in computing any basic charge or payment for services rendered
on the basis of weight or measure, and shall also include any accessory attached to
or used in connection with a commercial weighing or measuring device when that accessory
is so designed or installed that its operation affects, or may affect, the accuracy
of the device. “Commercial weighing and measuring device” shall not include:
(A) a device within a plant or business used internally to determine the weight, measure,
or count of any commodity or thing while manufacturing, processing, or preparing the
commodity or thing for market;
(B) a pharmacy device used for determining the appropriate dosage of any medication or
medical treatment; or
(C) U.S. Postal Service scales.
(3) “Secretary” means the Secretary of the Agency of Agriculture, Food and Markets or
his or her designee.
(4) “Dealer in weighing or measuring devices” means any person or employee thereof who
sells, buys, exchanges, or trades commercial weighing or measuring devices in the
State.
(5) Definitions of special units of measure. The term “barrel,” when used in connection
with fermented liquor, means a unit of 31 gallons. The term “ton” means a unit of
2,000 pounds avoirdupois weight. The term “cord” means the amount of wood that is
contained in a space of 128 cubic feet and a run of wood is 42⅔ cubic feet when the
wood is ranked and well stowed.
(6) “Inspector” means a State inspector of weights and measures.
(7) “Intrastate commerce” means commerce or trade that is begun, carried on, and completed
wholly within the limits of the State of Vermont, and the phrase “introduced into
intrastate commerce” shall be construed to define the time and place at which the
first sale and delivery being made either directly to the purchaser or to a common
carrier for shipment to the purchaser.
(8) “Licensed public weighmaster” means a natural person licensed under this chapter.
(9) “Maple syrup; legal weight and measure” means the legal weight of a gallon of maple
syrup shall not be less than 11.07 pounds and the legal measure thereof shall be 231
cubic inches (128 fluid ounces) at 68 degrees F. Whenever maple syrup is sold by the
gallon, quart, pint, or gill, or multiple fraction thereof, it must be sold according
to that legal weight and measure.
(10) “Person” means both the plural and singular, as the case demands and includes individuals,
partnerships, corporations, companies, societies, and associations.
(11) “Service person of weighing and measuring devices” means any person or employee thereof
who installs, services, repairs, or reconditions commercial weighing or measuring
devices in the State.
(12) “Sell” and “sale” means barter and exchange.
(13) “Standard bushel for apples” means a container having a capacity of not less than
one U.S. standard bushel or 2150.42 cubic inches.
(14) “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 or all such instruments and devices including electric vehicle supply equipment
available to the public, as defined in subdivision 2730(a)(14) of this title, but not including meters for the measurement of electricity, gas (natural or manufactured),
or water when they are operated in a public utility system. Such electricity, gas,
and water meters are specifically excluded from the purview of this chapter, and this
chapter shall not apply to such meters or to any appliances or accessories associated
therewith.
(15) “Vehicle” means any device in, upon, or by which any property, produce, commodity,
or article is or may be transported or drawn. (Added 1967, No. 102, § 2, eff. April 14, 1967; amended 1971, No. 69, § 2, eff. April 15, 1971; 1981, No. 115 (Adj. Sess.); 1991, No. 227 (Adj. Sess.), §§ 2, 7; 2019, No. 59, § 31; 2021, No. 47, § 5.)