2013 Maryland Code
AGRICULTURE
§ 11-307 - Sale or transportation of commodities in bulk

§11-307.

(a) (1) When a commodity in bulk is transported by vehicle to a buyer and the weight, measurement, or count of the commodity serves as the basis for determination of the charge or cost of the commodity, the person who weighs, measures, or counts the commodity shall make, in ink or other indelible marking material, a delivery ticket or written statement that includes:

(i) The date of issue;

(ii) The name and address of the seller;

(iii) The name and address of the buyer;

(iv) An accurate statement of quantity, expressed as follows:

1. For weight, the net weight in pounds or tons or in kilograms or metric tons of the international system of measurement and, if net weight is derived from gross and tare weight determinations, the gross and tare weight in the same system of measurement, as the net weight; and

2. For other measurement terms, the appropriate term in accordance with §§ 11-301 and 11-304 of this subtitle;

(v) A complete identification of the commodity in bulk, expressed as follows:

1. For solid fuel, the kind and size; and

2. For any other commodity in bulk, the kind and size, if necessary for accurate identification and value determination;

(vi) The complete signature of the person who determines the quantity of the commodity in bulk and, if required, the weighmaster license number; and

(vii) The license number or other numbers and letters that identify the vehicle by which the commodity in bulk is transported.

(2) A delivery ticket or written statement shall be completed when the quantity of the commodity in bulk is determined.

(3) Unless a buyer and seller agree otherwise, an original or copy of the ticket or statement shall be provided to the buyer and seller on transfer of the commodity in bulk.

(4) Delivery tickets or written statements shall be numbered serially and used consecutively.

(b) (1) When a commodity in bulk or goods is transported by vehicle as a service and the weight or measurement of the commodity serves as the basis for determination of the charge or cost of the service, the person who weighs or measures the commodity in bulk or goods shall make, in ink or other indelible marking material, a written statement that includes:

(i) The date of issue;

(ii) The name and address of the seller;

(iii) The name and address of the buyer;

(iv) The name and address of the transporter of the commodity in bulk or goods, if the transporter is paid on the basis of the weight or measurement statement and is neither the seller nor the buyer;

(v) An accurate statement of quantity, expressed as provided in subsection (a)(1)(iv) of this section;

(vi) A description of the commodity in bulk or goods, sufficient for its positive identification;

(vii) The complete signature of the person who determines the quantity of the commodity in bulk or goods, and, if required, the weighmaster license number; and

(viii) The license number or other numbers and letters that identify the vehicle by which the commodity in bulk or goods is transported.

(2) The written statement shall be provided to each party of a contract for transportation of a commodity in bulk or goods.

(3) Written statements shall be numbered serially and used consecutively.

(c) (1) A person who operates or supervises a vehicle by which a commodity in bulk or goods is transported subject to this section shall possess the required delivery ticket or written statement while the commodity or goods is kept on the vehicle.

(2) Unless the buyer and seller agree otherwise, the person who operates or supervises the vehicle shall present to the person who receives the commodity in bulk or goods, the required delivery ticket or written statement, before the vehicle is unloaded.

(3) An original or copy of the delivery ticket or written statement required under this section shall be kept for 1 year as follows:

(i) If the buyer or seller of a commodity in bulk or of a transportation service that involves the commodity in bulk or goods determines the quantity of the commodity or goods and makes the required ticket or statement, by the buyer or seller; or

(ii) If a person other than the buyer or seller determines the quantity and makes the required ticket or statement, by the person, buyer, and seller.

(4) On request of the Secretary or any law enforcement officer, a person subject to the requirements of this subsection shall present for inspection or surrender the required ticket or statement. A receipt that the Secretary or law enforcement officer issues for a surrendered ticket or statement fulfills the requirements of this subsection.

(d) The provisions of this section may not apply to: (1) aggregates, concrete mixtures, asphaltic concrete, loose solid materials such as earth, soil, sand, gravel, crushed stone, shale, and stone products other than agricultural lime; and (2) a petroleum product composed predominately of propane, propylene, butane, isobutane, butylenes, or mixtures of those products.