Title 64, Weights, Measures, and Grades
4 chapters · 42 sections in this title.
N.D.C.C. § 64-01-01 Dry measure
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The standard measure of capacity for commodities sold by dry measure shall be the bushel containing two thousand one hundred fifty and forty-two hundredths cubic inches [35239.07 milliliters]. The half bushel, peck, half peck, quarter peck, quart, and pint shall be derived by suc…
N.D.C.C. § 64-01-02 Liquid measure
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The standard measure of a capacity for liquids shall be the wine gallon containing two hundred thirty-one cubic inches [3785.41 milliliters]. A barrel shall contain thirty-one and fifty hundredths gallons [119.24 liters] and a hogshead shall contain sixty-three gallons [238.48 li…
N.D.C.C. § 64-01-03 Lineal measure
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The standard measure of length, from which all other measures of extension, lineal, superficial, or solid shall be derived, is the yard of three feet or thirty-six inches [914.40 millimeters].
N.D.C.C. § 64-01-04 Hundredweight
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In contracts for the sale of goods or commodities, the term "hundredweight" shall mean one hundred pounds avoirdupois [45.36 kilograms].
N.D.C.C. § 64-01-05 Standard weight of bushel
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In contracts for the sale or storage of any of the following articles, the term "bushel" shall mean the number of pounds avoirdupois herein stated: 1. Alfalfa, sixty pounds [27.22 kilograms]. 2. Apples, fifty pounds [22.68 kilograms]. 3. Apples, dried, twenty-eight pounds [12.70 …
N.D.C.C. § 64-01-06 Ton of hay - Cubic measure
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By weight a ton of hay shall consist of two thousand pounds [907.18 kilograms], and by measurement, of three hundred and forty-three cubic feet [9.71 cubic meters] after the same shall have been stacked thirty days or such other time as may be agreed upon between the parties.
N.D.C.C. § 64-01-07 Standard measurement of wood
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In all contracts for the sale of wood, the term "cord" shall mean one hundred twenty-eight cubic feet [3.62 cubic meters] of wood, in four-foot [1.22-meter] lengths. If the sale is of "sawed wood", a cord shall mean one hundred ten cubic feet [3.11 cubic meters] when ranked, or o…
N.D.C.C. § 64-01-08 Standard weight of coal, charcoal, and ice
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In all contracts for the sale of coal, charcoal, and ice, the term "ton" shall mean two thousand pounds [907.18 kilograms]. A sale of coal, charcoal, or ice in any manner except by weight is prohibited.
N.D.C.C. § 64-01-09 Standard weight of flour
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In all contracts for the sale of flour, the term "barrel" shall mean one hundred ninety-six net pounds avoirdupois [88.90 kilograms].
N.D.C.C. § 64-01-10 Perch of stone
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A perch of mason work or stone shall consist of twenty-five feet, cubic measure [.71 cubic meter].
N.D.C.C. § 64-01-11 Fractional parts of weights and measures
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All contracts for the sale of a fractional part of a bushel, barrel, ton, or cord of any article or commodity on which the legal weight or measurement per bushel, barrel, ton, cord, gallon, or fractional part has been established, shall require and mean a like fractional part of …
N.D.C.C. § 64-02-01 Definitions
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In this title: 1. "Calibrate" means to compare a standard, or weighing or measuring device, to another standard and eliminate by adjustment any variation in the accuracy of the item being compared, but does not include the field repair of a weighing or measuring device. 2. "Commi…
N.D.C.C. § 64-02-02 Weights and measures - Supervision by public service commission - Installation of weighing or measuring devices under special variance permit
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All weighing or measuring devices in this state must be supervised and controlled by the commission. A variance permit for the installation or relocation of a device deviating from requirements under this chapter may be issued by the commission when the device meets service requi…
N.D.C.C. § 64-02-03 Commission rules
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The commission may adopt rules having the force and effect of law.
N.D.C.C. § 64-02-04 Tolerance - Uniformity established by commission
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The commission shall establish uniform tolerance or reasonable variances for weighing and measuring devices.
N.D.C.C. § 64-02-05 Employees - Compensation
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The commission shall employ and fix the compensation of employees necessary to carry out the provisions of this title.
N.D.C.C. § 64-02-07 Duties of commission
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The commission shall: 1. Maintain the calibration of the state weights and measures standards that are traceable to the United States standards. All secondary standards must be calibrated by a national institute of standards and technology-recognized metrology laboratory as often…
N.D.C.C. § 64-02-08 Purchase, lease, or disposal of equipment
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The commission shall purchase or lease any equipment necessary for carrying out the provisions of this title and may sell equipment which is obsolete or unsuitable. Proceeds from sale or disposal must be paid into the general fund of the state treasury.
N.D.C.C. § 64-02-08.1 Fees for registered service companies and to permit and test a registered service person
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1. Annually, each registered service company shall pay a permit fee of one hundred dollars. 2. Annually, each registered service person shall pay a permit fee of fifty dollars. 3. The commission may assess a registered service person testing fee not to exceed twenty-five dollars …
N.D.C.C. § 64-02-09 Standards of weights and measures
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The commission shall maintain the following standards of weights and measures, which must conform to the United States standards: 1. One surveyor's chain, sixty-six United States survey feet in length. 2. One yard [in meters, equal to 36 divided by 39.37] measure. 3. One United S…
N.D.C.C. § 64-02-10 Fees to test or calibrate weighing and measuring devices
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The commission shall collect the following fees to: 1. Test overhead monorail, track, dormant, deck, and hanging scale of one thousand pounds [453 kilograms] or less capacity $95.00 2. Test movable platform scale $20.00 3. Test counter or computing scale $20.00 4. Test hanging sc…
N.D.C.C. § 64-02-11 Payment of test fee before using weighing or measuring device
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No weighing or measuring device that has been sealed by the commission may be used, sold, or exposed for sale until the fee charged for the test has been paid.
N.D.C.C. § 64-02-12 Fees collected - Paid into public service commission program fund
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All fees and charges collected by the commission under this chapter must be paid into the public service commission program fund.
N.D.C.C. § 64-02-13 Commission to test weighing or measuring devices
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The commission may test or calibrate weighing or measuring devices. The owner of any weighing or measuring device used in this state is responsible for its accuracy and condition. The public service commission shall determine the frequency of required testing for each category of…
N.D.C.C. § 64-02-13.1 Exception from regularly scheduled test of weighing or measuring device
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A weighing or measuring device used to conduct sales by a transient vendor is exempt from this chapter.
N.D.C.C. § 64-02-14 Incorrect weighing or measuring devices
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A weighing or measuring device that does not meet applicable design or tolerance requirements must be marked in the manner set by the commission and may not be used in commerce without the consent of the commission.
N.D.C.C. § 64-02-15 Vendor's weighing or measuring device
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The commission may enter into or upon any land or premises to stop any vendor and require the vendor, if necessary, to proceed to some place which the commission may specify for the purpose of making a test of the weighing or measuring devices used by the vendor.
N.D.C.C. § 64-02-20 Expenses
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The commission may purchase supplies and equipment and may incur necessary expenses in carrying out the provisions of this title within legislative appropriations made for such purpose. Traveling expenses are allowed employees as provided in section 54-06-09.
N.D.C.C. § 64-03-01 False weights and measures
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It is unlawful for any person to: 1. Offer or expose for sale, sell, use, or possess a false weighing or measuring device, for use in buying or selling any commodity or thing, or any weighing or measuring device which has not been sealed as provided by section 64-02-13. 2. Dispos…
N.D.C.C. § 64-03-02 False weights - Unlawful for public use
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It is unlawful for any person to knowingly and fraudulently use a weighing or measuring device, or keep a device for public use, which does not conform to the legal standard of weights and measures of the state, or to alter a weighing or measuring device after it has been tested …
N.D.C.C. § 64-03-03 Fraudulently increasing weight
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It is unlawful for any person to place or conceal with any goods usually sold by weight any foreign substance for the purpose of increasing the apparent weight of the goods.
N.D.C.C. § 64-03-06 Stamping incorrect weight or tare
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It is unlawful for any person to knowingly mark or stamp an incorrect weight or tare on any package, or to knowingly sell or offer for sale any package so marked.
N.D.C.C. § 64-03-07 Violation of provisions relating to standard measurements and weights unlawful
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It is unlawful for any buyer to take a greater quantity than is provided by the standards established in this title, or any seller to give a lesser quantity, unless both parties to the sale have actual knowledge of the variation from the standards.
N.D.C.C. § 64-03-09 General penalty
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Any person who violates any of the provisions of this title for which a specific penalty has not been provided is guilty of a class B misdemeanor.
N.D.C.C. § 64-03-10 Duty of officer to seize false weighing and measuring devices
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An officer arresting any person for a violation of any provision of this title shall seize any false weighing or measuring device in the possession of the person arrested and shall deliver it to the magistrate before whom the person is taken.
N.D.C.C. § 64-03-11 Duty of state's attorney
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After the conviction of any person for violating any provision of this title, the state's attorney shall cause to be destroyed any false weighing or measuring device involved in the violation.
N.D.C.C. § 64-03-12 Duty of magistrate
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The magistrate to whom any weighing or measuring device is delivered under section 64-03-10 shall request the commission to test it and, if found to be false, the commission shall destroy it or deliver it to the state's attorney of the county in which the accused is prosecuted.
N.D.C.C. § 64-04-01 Restrictions upon sale of liquefied petroleum gas
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It is unlawful to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; vapor measure, specified in cubic feet; or specified in s…
N.D.C.C. § 64-04-02 Authority of commission to test and condemn weighing and measuring devices
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The commission may test or calibrate weighing and measuring devices used in the retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn all devices found not to be within the permitted tolerance or which do not clearly state the quantity of lique…
N.D.C.C. § 64-04-03 Specification of liquid gas meters
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All liquid gas meters must be of a positive displacement type equipped with a vapor separator or provided with other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and a differential pressure regulator. The meters m…
N.D.C.C. § 64-04-04 Commission rules - Tolerances
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The commission may adopt rules and establish tolerances within a maximum of two percent having the force or effect of law.
N.D.C.C. § 64-04-05 Penalty
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Any person who violates any of the provisions of this chapter or of the commission rules is guilty of a class B misdemeanor.