2005 Idaho Code - 71-108 — DEFINITIONS

                                  TITLE  71
                             WEIGHTS AND MEASURES
                                  CHAPTER 1
                       DIVISION OF WEIGHTS AND MEASURES
    71-108.  DEFINITIONS. When used in this act:
    (1)  The word "person" shall be construed to mean both the plural and
singular, as the case demands, and shall include individuals, partnerships,
corporations, companies, societies, and associations.
    (2)  The words "weight(s) and (or) measure(s)" shall be construed to mean
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, except that the term shall not be construed to
include meters for the measurement of electricity, gas (natural or
manufactured), or water when the same are operated in a public utility system.
Such electricity, gas, and water meters are hereby specifically excluded from
the purview of this act, and none of the provisions of this act shall be
construed to apply to such meters or to any appliances or accessories
associated therewith.
    (3)  The word "net" shall be construed to mean clear of, or excluding all
tare, wrappers and other material packed with a commodity or in which a
commodity is contained.
    (4)  The word "weight" as used in this act in connection with any
commodity shall mean net weight. Whenever any commodity is sold on the basis
of weight, the net weight of the commodity shall be employed, and all
contracts concerning commodities shall be so construed.
    (5)  The words "sell" and "sale" shall be construed to mean barter and
exchange.
    (6)  The term "director" shall be construed to mean, respectively, (the
state) the director of the department of agriculture or his duly authorized
employees.
    (7)  The term "inspector" shall be construed to mean a state inspector of
weights and measures.
    (8)  The term "intrastate commerce" shall be construed to mean any and all
commerce or trade within the limits of the state of Idaho, and the phrase
"introduced into intrastate commerce" shall be construed to define 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)  The term "commodity in package form" shall be construed to mean
commodity put up or packaged in any manner in advance of sale in units
suitable for either wholesale or retail sale, exclusive, however, of any
auxiliary shipping container inclosing packages that individually conform to
the requirements of this act. 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 construed to be commodity in package form.
    (10)  A "consumer package" or "package of consumer commodity" shall be
construed to mean a commodity in package form that is customarily produced or
distributed for sale through retail sales agencies or instrumentalities for
consumption by individuals for the purpose of personal care or use by
individuals or in the performance of services ordinarily rendered in or about
the household or in connection with personal possessions.
    (11)  A "nonconsumer package" or "package of nonconsumer commodity" shall
be construed to mean 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)  For the purposes of this act, apparatus shall be deemed to be
"correct" when it conforms to all applicable requirements promulgated by the
national bureau of standards or its successor organization, the national
institute of standards and technology, or by regulation passed by the
director. Other apparatus shall be deemed to be "incorrect."