Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.75.010 Systems of weights and measures.
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The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight an…
AS 45.75.020 State standards of weight and measure.
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Article 2. State and Local Administration of Weight and Measure Regulation. The weights and measures obtained by the state in conformity with them and certified by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, …
AS 45.75.030 State director and inspectors of weights and measures.
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The commissioner of transportation and public facilities is ex officio state director of weights and measures. The director may appoint state inspectors.
AS 45.75.040 General powers and duties of director.
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The director is the custodian of the state standards of weight and measure and of the other standards and equipment provided for by this chapter. The director shall keep accurate records of the standards and equipment. The director shall enforce this chapter. The director shall s…
AS 45.75.050 Adoption of regulations.
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(a) The director shall adopt regulations for the enforcement of this chapter under AS 44.62 (Administrative Procedure Act). These have the effect of law. (b) The regulations may include (1) standards of net weight, measure, or count, and reasonable standards of fill, for a commod…
AS 45.75.060 Office and working standards and equipment.
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The state shall supply the Department of Transportation and Public Facilities with a duplicate set of state standards of weight and measure, referred to in this chapter as office standards. The state shall supply field standards and the equipment that is necessary to carry out th…
AS 45.75.070 Testing and inspection of local standards and weights and measures at state-supported institutions.
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(a) At least once every five years, the director shall test the standards of weight and measure obtained by a city that has appointed a sealer of weights and measures, and shall approve them if they are correct. The director shall inspect the standards at least once every two yea…
AS 45.75.080 General testing.
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(a) The director may inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. The director shall, at least annually and more often as considered necessary, inspect and test, to ascertain if they are correct, all weights and …
AS 45.75.090 Investigations.
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The director shall investigate complaints of violations of this chapter, and shall initiate and conduct the investigations that the director considers appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible vi…
AS 45.75.100 Inspection of packages.
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(a) The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with law. …
AS 45.75.110 Stop-use, stop-removal, and removal orders.
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(a) The director may issue stop-use orders, stop-removal orders, and removal orders for weights and measures used or capable of being used commercially. The director may issue stop-removal orders and removal orders for packages or amounts of commodities kept, offered, or exposed …
AS 45.75.120 Disposition of correct and incorrect apparatus.
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(a) The director shall approve for use and seal or mark with appropriate devices the weights and measures that the director finds upon inspection and test to be correct as provided in AS 45.75.050, and shall reject and mark or tag as “rejected” the weights and measures that the d…
AS 45.75.130 Police powers and right of entry and stoppage.
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In the enforcement of this chapter and any other law dealing with weights and measures the director has special police powers. The director may arrest, without formal warrant, any person violating the law, and seize for use as evidence, without formal warrant, incorrect or unseal…
AS 45.75.131 Issuance of citations.
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(a) A peace officer or an employee of the Department of Transportation and Public Facilities who is authorized by the commissioner of transportation and public facilities to enforce this chapter may issue a citation to a person who (1) violates a weight, size, or load limitation …
AS 45.75.133 Bail forfeiture.
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(a) The supreme court shall specify by rule or order those violations that are appropriate for disposition without court appearance, and shall establish a schedule of bail amounts. The maximum bail forfeiture amount for an offense may not exceed the maximum fine specified by law …
AS 45.75.140 Powers and duties of deputy director and inspector.
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The powers and duties of the director specified in AS 45.75.070 — 45.75.130, 45.75.170, and 45.75.380 shall also be exercised by the deputy director and inspectors, when acting under the instructions and at the direction of the director.
AS 45.75.150 Appointment of city sealers and deputy sealers of weights and measures.
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(a) A city may appoint a sealer of weights and measures, and the deputy sealers of weights and measures it needs. If the city appoints a sealer, it shall obtain at its expense the standards of weights and measures and the additional equipment, for use in the enforcement of this c…
AS 45.75.160 City sealers and deputy sealers.
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The sealer of a city, and a deputy sealer when acting under the instructions and direction of the sealer, have the same powers and shall perform the same duties within the city as those granted to and imposed upon the director by AS 45.75.080 — 45.75.130 and 45.75.380.
AS 45.75.170 Concurrent jurisdiction.
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In each city having a sealer of weights and measures, the director has concurrent authority to enforce this chapter.
AS 45.75.180 Duty of owners of incorrect apparatus.
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Article 3. Standards and Regulation for Sale of Commodities. Weights and measures rejected by the director or a sealer remain subject to the control of the rejecting authority until suitable repair or disposition of them is made as required by this section. The owner of a rejecte…
AS 45.75.190 Method of sale of commodities.
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(a) Commodities in liquid form may be sold only by liquid measure or by weight. Except as otherwise provided in this chapter, commodities not in liquid form may be sold only by weight, by measure of length or area, or by count. However, liquid commodities may be sold by weight an…
AS 45.75.200 Declarations of quantity and origin on packages.
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(a) Except as otherwise provided in this chapter, a commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the pac…
AS 45.75.210 Declarations of unit price on random packages.
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In addition to the declarations required by AS 45.75.200, a commodity in package form, which is one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain a…
AS 45.75.220 Misleading packages.
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A commodity in package form may not be so wrapped, or put in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container may not fall below the reasonable standard of fill which the director…
AS 45.75.225 Advertising packages for sale.
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(a) When a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with the statement of price a declaration of the basic quantity of contents of the package as i…
AS 45.75.230 Misrepresentation of price.
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When a commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price may not be misrepresented, and the price may not be represented in a manner calculated or tending to mislead or deceive an actual or prospective purchaser.…
AS 45.75.240 Meat, poultry, and seafood.
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(a) Except as provided in (b) of this section, meat, meat products, poultry, and seafood except shellfish, offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight. When meat, poultry, or seafood is combined with or associated with some…
AS 45.75.250 Secs. 45.75.250 — 45.75.280. Bread; butter, oleomargarine, and margarine; fluid dairy products; flour, corn meal, and hominy grits. [Repealed, § 2 ch 24 SLA 1982.]
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[Repealed or reserved.]
AS 45.75.282 Bulk deliveries sold in terms of weight and delivered by vehicle.
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(a) When a vehicle delivers to an individual purchaser a commodity in bulk, and it is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket that must clearly state in ink or by means of other indelible marking equipment, and equal in clar…
AS 45.75.288 Furnace and stove oil.
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Furnace and stove oil shall be sold by liquid measure or by net weight. When a delivery of liquid fuel is made in non-package form and in an amount greater than 10 gallons if the sale is by liquid measure, 100 pounds or greater if the sale is by weight, the purchaser shall receiv…
AS 45.75.290 Coal, coke, and charcoal.
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(a) Coal, coke, and charcoal shall be sold by weight. Unless the fuel is delivered to the purchaser in package form, each delivery of coal, coke, or charcoal to an individual purchaser shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substanc…
AS 45.75.300 Textile products.
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It is unlawful to keep for the purpose of sale, offer or expose for sale, or sell textile yard goods put up or packaged in advance of sale in a bolt or roll, or any other textile product put up or packaged in advance of sale in any other unit, for wholesale or retail sale, unless…
AS 45.75.310 Berries and small fruits. [Repealed, § 2 ch 24 SLA 1982.]
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[Repealed or reserved.]
AS 45.75.320 Construction of contracts.
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Article 4. Enforcement. Fractional parts of a unit of weight or measure mean like fractional parts of the value of the unit as prescribed or defined in AS 45.75.010 and 45.75.390, and all contracts concerning the sale of commodities and services shall be construed in accordance w…
AS 45.75.330 Injunction.
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The director may apply to a court for a temporary or permanent injunction restraining a person from violating a provision of this chapter.
AS 45.75.340 Presumptive evidence.
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For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about a building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on is, in the absence of conclusive…
AS 45.75.350 Validity of prosecutions.
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Article 5. General Provisions. Prosecutions for violation of this chapter are valid and proper notwithstanding the existence of another valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by this chapter.
AS 45.75.360 Hindering or obstructing officer and penalty. [Repealed, § 5 ch 85 SLA 1987.]
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[Repealed or reserved.]
AS 45.75.370 Impersonation of officer and penalties. [Repealed, § 21 ch 166 SLA 1978. For current law, see AS 11.56.830.]
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[Repealed or reserved.]
AS 45.75.380 Offenses and penalties.
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(a) A person commits a violation subject to the penalty specified in AS 12.55.035(b)(7) if the person does one or more of the following acts: (1) uses or has in possession for the purpose of using for a commercial purpose specified in AS 45.75.080, sells, offers, or exposes for s…
AS 45.75.390 Definitions.
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In this chapter, (1) “barrel,” when used in connection with fermented liquor, means a unit of 31 gallons; (2) “commodity in package form” means a commodity put up or packaged in any manner in advance of sale in units suitable for wholesale or retail sale, but does not include an …
AS 45.75.400 Short title.
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This chapter may be cited as the Weights and Measures Act.