La. Admin. Code tit. 7 § XXXV-103
Accurate-a device that when its performance or value (that is, its indications, its deliveries, its recorded representations or its capacity or actual value, etc., as determined by test made with suitable standards) conforms to the standard within the applicable tolerances and other performance requirements. Equipment that fails to conform is inaccurate.
Basket-a one and one-half bushel circular container that may be used for the measurement of unshucked oysters to be sold or purchased.
Commercial-
Commissioner-the commissioner of the Department of Agriculture and Forestry, or his duly authorized representatives acting at his discretion.
Commission-the Commission of Weights and Measures established in R.S. 3:4603.
Commodity-any service or item, or any combination of items, forming a distinctive product, sold in commerce which is affected by any determination of weight, measures, or count.
Compound Weighing Device-a weighing device that in its operation utilizes either more than one load receiving element and/or more than one primary indicating element.
Correct-conformance to all applicable requirements for weighing and measuring devices. Any other device is incorrect.
Commercial Weighing and Measuring Device-weights, measures, and weighing and measuring devices, instruments, elements, and systems or portion thereof, used or employed in establishing the measurement or in computing any basic charge or payment for services rendered on the basis of weight or measure. As used in this definition, measurement includes the determination of size, quantity, value, extent, area, composition (limited to meat and poultry), constituent value (for grain), or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award.
Department-the Louisiana Department of Agriculture and Forestry.
Director-the director of the weights and measures commission, appointed by the commissioner.
Hand-Held Scanning Device-a portable device that scans UPC codes that allows for the comparison of the price displayed on a shelf, item, or otherwise advertised, to the price for the item in the point-of-sale database.
Indicating Element-an element incorporated in a weighing or measuring device by means or which its performance relative to quantity or money value is read from the device itself (i.e., an index-and-graduated-scale combinations, a weighbeam-and-pose combination, a digital indicator, etc.).
Load-Receiving Element-that component of a scale that is designed to receive the load to be weighed (i.e., platforms, decks, rails, hoppers, platters, plates, scoops, etc.).
Net Weight-the weight of the commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include but are not limited to containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.
NIST-the National Institute of Standards and Technology.
NTEP-National Type Evaluation Program administered through the National Conference on Weights and Measures.
NTEP Certificate of Conformance-a document issued by the National Conference on Weights and Measures, based on evaluation in participating laboratories. The document constitutes evidence that the device described in the certificate is capable of conformance with the requirements of the National Institute of Standards and Technology Handbook 44.
Package-any commodity packed or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale.
Person-includes individuals, partnerships, corporations, companies, societies, and associations.
Petroleum Product-any refined hydrocarbon mixture including motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation fuel, heating kerosene, and any blend of two or more refined hydrocarbon mixtures except liquefied petroleum gas and natural gas. For purposes of enforcement of the provisions of R.S. 47:818.111 et. seq., regarding taxes on special fuels, the term petroleum product shall include compressed natural gas, liquefied natural gas, and liquefied petroleum gas, as those terms are defined in R.S. 47:818.2.
Point-of-Sale-an assembly of elements including a weighing element, indicating element, and receiving element (which may be equipped with a scanner) used to complete a direct sale transaction.
Price Look-Up Code or PLU-a pricing system where numbers are assigned to items or commodities and the price is stored in a database for recall when the numbers are manually entered. PLU codes are used with scales, cash registers, and point-of-sale items.
Primary Indicating Element-those principal indicting elements (visual) and recording elements that are designed to, or may, be used by the operator in the normal commercial use of a device. The term "primary" is applied to any element or elements that may be the determining factor in arriving at the sale representation when the device is used commercially. (Examples of primary elements are the visual indicators for meters or scales not equipped with ticket printers or other recording elements for meters or scales so equipped.) The term "primary" is not applied to such auxiliary elements (i.e., the totalizing register of predetermined-stop mechanism on a meter or the means for producing a running record of successive weighing operations) as these elements being supplementary to those that are the determining factors in sales representations of individual deliveries or weights.
Rack-a mechanism for delivering motor fuel from a refinery, terminal, marine vessel, or bulk plant into a transport vehicle, railroad tank car, or other means of transfer that is outside the bulk transfer/terminal system.
Sale or Sell-includes barter and exchange.
Scanner or Scanning Device-an electronic system that employs a laser bar code reader to retrieve product identity, price and other information stored in computer memory.
Scanner or Scanning Device-an electronic system that employs a visual code reading device to retrieve the item's price electronically.
Service Agency-any person who, for hire, award, commission, or any other payment of any kind, installs, services, repairs, tests, calibrates, or reconditions any commercial weighing or measuring device and is registered under this Part.
Service Technician-any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, tests, calibrates, or reconditions any commercial weighing or measuring device and is registered under this Part.
Universal Product Code or UPC-a unique symbol that consists of a machine-readable code and human-readable numbers.
Weights, Measures, or Weighing and Measuring Devices-all weights, scales, scanners, taxi meters, electric vehicle supply equipment, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any such instruments. However, it does not include or refer to devices used to meter or measure, other than by weight, water, natural or manufactured gas, or electricity, except for electricity used in connection with electric vehicle supply equipment.
Weighmaster-any person who weighs, measures, or counts any commodity and issues a certificate of weight, measure, or count, except retailers who weigh, measure, or count commodities for sale at retail directly to consumers, or a person engaged in the business of public weighing or measuring for hire.
Weight-as used in connection with any commodity means net weight; except where the label declares that the product is sold by drained weight, the term means net drained weight.
Weights, Measures, or Weighing and Measuring Devices-all weights, scales, scanners, taxi meters, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any such instruments. However, it does not include or refer to devices used to meter or measure, other than by weight; water, natural or manufactured gas, or electricity.
Visual Code Reading Device-a device that reads visual machine-readable codes that allows for comparison of the advertised price to the price for the item in the point-of-sale database.
Visual Machine-Readable Code-a unique symbol or symbols that may be read by a visual code reading device including, but not limited to, bar codes and QR codes.
La. Admin. Code tit. 7, § XXXV-103