49 chapters · 1,288 sections in this title.
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.
AS 45.77.010 Application for establishment of foreign trade zone.
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(a) A public corporation may apply for the privilege of establishing, operating, and maintaining a foreign trade zone or zones in the state as provided in 19 U.S.C. secs. 81a — 81u (Foreign Trade Zones Act), and if the application is granted, may establish, operate, and maintain …
AS 45.77.020 Definitions.
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In this chapter, (1) “foreign trade zone” means a foreign trade zone established under 19 U.S.C. secs. 81a — 81u (Foreign Trade Zones Act), as amended, or any laws of the United States enacted as replacements for those provisions; (2) “private corporation” means a corporation, ot…
AS 45.80.010 Secs. 45.80.010 — 45.80.060. [Renumbered as AS 45.50.600 — 45.50.606.]
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[Repealed or reserved.]
AS 45.81.010 New business incentive fund.
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There is established in the department the new business incentive fund. Up to $3,000,000 may be appropriated to the fund each fiscal year. The department may use money in the fund for new business incentive grants. On June 30 of each fiscal year, the unexpended and unobligated ba…
AS 45.81.020 Eligibility for grants.
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(a) A new business or a business that is opening a new branch in the state is eligible for a new business incentive grant if (1) the business is primarily engaged in manufacturing a product for export outside of the state; (2) the business will not directly compete with an existi…
AS 45.81.030 Use of grant money.
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After awarding a new business incentive grant, the department may pay money from the grant to the recipient business only as reimbursement for one or more of the following costs incurred and paid by the business: (1) cost of relocating key personnel and of moving and installing e…
AS 45.81.040 Grant conditions.
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(a) A business that receives a new business incentive grant must be operating on the date the grant is awarded and must continue to operate in the state for at least five years after the date the grant is awarded or must, within 90 days after ceasing to operate, repay the grant m…
AS 45.81.050 Definition.
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Article 2. Tourism Revolving Loan Fund. For purposes of AS 45.81.010 — 45.81.050, “department” means the Department of Commerce, Community, and Economic Development.
AS 45.81.100 Creation of a tourism revolving fund.
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(a) There is created in the Department of Commerce, Community, and Economic Development a tourism revolving fund. All principal and interest payments, and money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made…
AS 45.81.110 Special account established.
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(a) There is established as a special account within the tourism revolving fund the foreclosure expense account. This account is established as a reserve from fund equity. (b) The commissioner of commerce, community, and economic development may expend money credited to the forec…
AS 45.81.120 Powers of the Department of Commerce, Community, and Economic Development.
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(a) The department may (1) make loans to a business directly involved in the tourist industry; (2) designate agents and delegate powers to them as is necessary; (3) adopt regulations necessary to carry out its functions, including regulations to establish reasonable fees for serv…
AS 45.81.130 Limitations on loans.
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(a) State participation in a loan to a business may not be more than $3,000,000. (b) The loan shall be secured by acceptable collateral and may not exceed 75 percent of the appraised value of the collateral offered as security. (c) The rate of interest may not exceed nine and one…
AS 45.81.140 Sale or transfer of mortgages and notes.
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(a) The commissioner of commerce, community, and economic development may sell or transfer at par value or at a premium or discount to any bank or other private purchaser for cash or other consideration the mortgages and notes held by the Department of Commerce, Community, and Ec…
AS 45.81.190 Disposal of property acquired by default or foreclosure.
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Article 3. Small Business Loans. The Department of Commerce, Community, and Economic Development shall dispose of property acquired through default or foreclosure of a loan made under AS 45.81.100 — 45.81.190. Disposal shall be made in a manner that serves the best interests of t…
AS 45.81.200 Powers and duties of Department of Commerce, Community, and Economic Development in general.
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(a) The Department of Commerce, Community, and Economic Development shall formulate general policies and adopt regulations necessary to carry out the provisions of AS 45.81.200 — 45.81.290, including regulations to establish fees for services provided and charges for collecting t…
AS 45.81.210 Small business loans.
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(a) The commissioner shall, under regulations and policies adopted by the commissioner, make small business loans to acquire, finance, or refinance or equip businesses, including farming, mining, and fishing, not exceeding $500,000. The loans shall be secured by acceptable collat…
AS 45.81.220 Sale or transfer of mortgages and notes.
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(a) The commissioner may sell or transfer at par value or at a premium or discount to any bank or other private purchaser for cash or other consideration the mortgages and notes held by the Department of Commerce, Community, and Economic Development as security for loans made und…