SEC. 75-27-3. Meaning of terms.
When used in this article:
(1) The word "person" * * * means both the plural and singular, as the case demands, and * * * includes individuals, partnerships, corporations, companies, societies, and associations.
(2) The words "weight(s) and (or) measure(s)" * * * means all weights and measures of every kind, all instruments and devices and all electronic systems that employ a laser bar code reader to retrieve product identity, price and other information stored in computer memory, for weighing and measuring, or in the computing of any basic charge or payment for products bought or services rendered on the basis of weight or measure or count and any appliances and accessories associated with * * * such instruments and devices, except that the term does not include meters for the measurement of electricity, gas, or water when the meters are operated in a public utility system, * * * or production from oil and gas wells under the supervision of the State Oil and Gas Board. Such electricity, gas, and water * * * meters are hereby specifically excluded from * * * this article, and none of the provisions of this article shall * * * apply to such meters or to any appliances or accessories associated with them.
(3) The words "sell" and "sale" * * * means barter and exchange.
(4) The term "director" and "deputy director" * * * means, respectively, the State Director of Weights and Measures, who shall be the Commissioner of Agriculture and Commerce, and the Deputy State Director of Weights and Measures, who shall serve as the administrator.
(5) The term "inspector" * * * means a state inspector of weights and measures.
(6) The term "intrastate commerce" * * * means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Mississippi, 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, and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
(7) The term "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 article. 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.
(8) The term "Handbook 44" means the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices."
SOURCES: Codes, 1942, Sec. 5132-01; Laws, 1964, ch. 221, Sec. 1, eff from and after July 1, 1964. Amended by Laws 2000, Ch. 326, Sec. 1, SB2622, eff. July 1, 2000.
PREVIOUS VERSIONS: Pre-2000