Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS
111 chapters · 1,481 sections in this title.
RCW 19.94.005 Findings.
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The legislature finds:(1) The accuracy of weighing and measuring instruments and devices used in commerce in the state of Washington affects every consumer throughout the state and is of vital importance to the public interest.(2) Fair weights and measures are equally important t…
RCW 19.94.010 Definitions—Director may prescribe by rule.
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(1) The definitions in this section apply throughout this chapter and to any rules adopted pursuant to this chapter unless the context clearly requires otherwise.(a) "Charging session" means an event starting when a user or a vehicle initiates a refueling event and stops when a u…
RCW 19.94.015 Commercial use of instrument or device—Registration—Fees.
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(1) Except as provided in subsection (4) of this section for the initial registration of an instrument or device, no weighing or measuring instrument or device may be used for commercial purposes in the state unless its commercial use is registered annually. If its commercial use…
RCW 19.94.150 Standards recognized.
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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 either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weight…
RCW 19.94.160 State standards.
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Physical weights and measures standards that conform to the standards of the United States obtained by the state for use as state weights and measures standards are the primary standards for weight and measure, when certified as such by the national institute of standards and tec…
RCW 19.94.163 Testing by department—Ensuring enforcement—Issuance of seal of approval—Exception.
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(1) Except as provided in subsection (3) of this section and *RCW 19.94.190(1)(d), the department shall test and inspect each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of this chapter are enforced.(2) The departme…
RCW 19.94.175 Registration—Inspection and testing—Fees—Report.
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(1) Pursuant to RCW 19.94.015, the following annual registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in this state:(a)Weighing devices:(i)Small scales "zero to four hundred pounds capacity" . . . .$16.00(ii)Interm…
RCW 19.94.185 Deposit of moneys—Weights and measures account—General fund.
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(1) Except as provided in subsection (2) of this section, all moneys collected under this chapter shall be payable to the director and placed in the weights and measures account hereby established in the agricultural local fund. Moneys deposited in this account shall be used sole…
RCW 19.94.190 Enforcement—Rules—Penalties.
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(1) The director and duly appointed city sealers must enforce the provisions of this chapter.(2) The department's enforcement proceedings under this chapter are subject to the requirement to provide technical assistance in chapter 43.05 RCW and the administrative procedure act, c…
RCW 19.94.205 Correct and incorrect—Instruments, devices, weights, measures—When deemed.
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All weighing or measuring instruments or devices used for commercial purposes within this state must be correct. For the purposes of this chapter, weighing or measuring instruments or devices and weights and measures standards are deemed to be "correct" when they conform to all a…
RCW 19.94.216 Department inspection—City sealer—Fees.
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The department must biennially inspect and test the secondary weights and measures standards of any city having a city sealer appointed under this chapter and must issue an official seal of approval for the same when found to be correct. The department must, by rule, establish a …
RCW 19.94.220 Investigations.
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In promoting the general objective of ensuring accuracy of weighing or measuring instruments or devices and the proper representation of weights and measures in commercial transactions, the director or a city sealer shall, upon his or her own initiative and as he or she deems app…
RCW 19.94.230 Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps.
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(1) The director or a city sealer may, from time to time, inspect and test packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery to determine whether the same contain the amounts represented and whether they are kept, offered, exp…
RCW 19.94.240 Stop-use, stop-removal, and removal orders.
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(1) The director or a city sealer shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weighing or measuring devices being, or susceptible of being, commercially used within this state.(2) The director or a city sealer shall also …
RCW 19.94.250 Inspection of instrument or device to determine if correct—Rejection or seizure—Confiscation or destruction—Use of incorrect instrument or device—Notice.
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(1) If the director or a city sealer discovers upon inspection that a weighing or measuring instrument or device is "incorrect," but in his or her best judgment is susceptible of satisfactory repair, he or she shall reject and mark or tag as rejected any such weighing or measurin…
RCW 19.94.255 Correction of rejected weights and measures.
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(1) Weighing or measuring instruments or devices that have been rejected under the authority of the director or a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this…
RCW 19.94.258 Service agent—Registration certificate.
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(1) Except as authorized by the department, a service agent must be certified by the department before providing services to place a weighing or measuring instrument or device to be placed into commercial use under RCW 19.94.255(3). This registration requirement does not apply to…
RCW 19.94.2582 Service agent—Registration certificate—Renewal—Competency examination—Fee—Decision—Denial—Notice—Refund.
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(1) Each request for a renewal or new official registration certificate must be in writing and on a form prescribed by the department and must contain any relevant information as the director may require, including but not limited to the following:(a) The name and address of the …
RCW 19.94.2584 Service agent—Registration certificate—Revocation, suspension, refusal to renew—Appeal.
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(1) The department may revoke, suspend, or refuse to renew the official registration certificate of any service agent for any of the following reasons:(a) Fraud or deceit in obtaining an official registration certificate under this chapter;(b) A finding by the department of a pat…
RCW 19.94.260 Rejection—Seizure for use as evidence—Entry of premises—Search warrant.
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(1) With respect to the enforcement of this chapter and any other acts dealing with weights and measures that he or she is, or may be empowered to enforce, the director or a city sealer may reject or seize for use as evidence incorrect weighing or measuring instruments or devices…
RCW 19.94.265 Grievances—Procedure—Notice—Hearing—Rules.
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(1) Any person aggrieved by any official action of the department or a city sealer conferred under this chapter, including but not limited to, "stop-use orders," "stop-removal orders," "removal orders," "condemnation," or "off sale order" may within thirty days after an order is …
RCW 19.94.280 City sealers and deputies—Appointment, removal—Record, report—Testing of devices and instruments—Seal of approval.
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(1) There may be a city sealer in every city and such deputies as may be required by ordinance of each such city to administer and enforce the provisions of this chapter.(2) Each city electing to have a city sealer shall adopt rules for the appointment and removal of the city sea…
RCW 19.94.310 City sealers and deputies—Duties of governing body—Sealer to have standards comparison made every two years.
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(1) The governing body of each city for which a city sealer has been appointed as provided for by RCW 19.94.280 shall:(a) Procure at the expense of the city the official weights and measures standards and any field weights and measures standards necessary for the administration a…
RCW 19.94.320 City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional.
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(1) In cities for which city sealers have been appointed as provided for in this chapter, the director shall have general oversight powers over city weights and measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the…
RCW 19.94.325 Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty.
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(1) Except as otherwise provided for in this chapter or in any rule adopted under the authority of this chapter, any person who engages in business within this state as a service agent shall biennially submit to the department for inspection and testing all weights and measures s…
RCW 19.94.340 Sale of commodities—Measurement—Exceptions—Rules to assure good practice and accuracy.
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(1) Except as provided in subsection (2) of this section, commodities in liquid form must be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or …
RCW 19.94.350 Packaged commodities in intrastate commerce—Declaration of contents on outside—Rules.
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(1) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, offered or exposed for sale or sold in intrastate commerce, must bear on the outside of …
RCW 19.94.360 Declaration of price on outside of package.
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In addition to the declarations required by RCW 19.94.350, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity at the time it is exposed for sale at retail, shall bear on the outside of the package a pl…
RCW 19.94.370 Misleading wrappers, containers of packaged commodities—Standards of fill required.
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No commodity in package form shall be so wrapped, nor shall it be 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 shall not fall below such reasonable standards of fill as may …
RCW 19.94.390 Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility.
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(1) Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospectiv…
RCW 19.94.400 Meat, fish, poultry to be sold by weight—Exceptions.
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Except for immediate consumption on the premises where sold or as one of several elements comprising a meal sold as a unit, for consumption elsewhere than on the premises where sold, all meat, meat products, fish and poultry offered or exposed for sale or sold as food, unless oth…
RCW 19.94.410 Butter, margarine to be sold by weight.
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Butter, oleomargarine, and margarine offered for sale must be sold by weight.[ 2019 c 96 s 13; 1995 c 355 s 19; 1988 c 63 s 1; 1969 c 67 s 41.]Notes:Effective date—2019 c 96: See note following RCW 19.94.160.Application—Effective dates—1995 c 355: See notes following RCW 19.94.01…
RCW 19.94.420 Fluid dairy products to be packaged for retail sale in certain units.
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All fluid dairy products, including but not limited to whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk and all fluid imitation and fluid substitute dairy products shall be packaged for retail sale only in units as provided by the director of the de…
RCW 19.94.430 Packaged flour to be sold by weight.
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When in package form and when packed, kept, offered, exposed for sale or sold, flour such as, but not limited to, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched br…
RCW 19.94.440 Commodities sold in bulk—Delivery tickets.
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(1) When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery must be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or other indelible marking equipme…
RCW 19.94.450 Solid fuels to be sold by weight, cubic measure—Delivery tickets.
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(1) Except as provided in subsection (2) of this section, all solid fuels such as, but not limited to, coal, coke, charcoal, broiler chips, pressed fuels and briquets shall be sold by weight.(2) All solid fuels such as hogged fuel, sawdust and similar industrial fuels may be sold…
RCW 19.94.460 Heating oils—Delivery tickets—Statements.
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(1) All stove and furnace oil shall be sold by liquid measure or by weight in accordance with the provisions of RCW 19.94.340. (2) Unless such fuel is delivered to the purchaser in package form, each delivery of such fuel in an amount greater than ten gallons in the case of sale …
RCW 19.94.470 Berries and small fruit.
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Berries and small fruit shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of one-half dry pint, one dry pint or one dry quart: PROVIDED, That the marking provisions of RCW 19.94.340 shall not apply to such dry volume cont…
RCW 19.94.480 Fractional units as fractional value.
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Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed in RCW 19.94.150.[ 1992 c 237 s 30; 1969 c 67 s 48.]
RCW 19.94.485 Contracts—Construction.
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All contracts concerning the sale of commodities and services by weight, measure, or count, will be construed in accordance with the weights and measures adopted under this chapter.[ 1992 c 237 s 31.]
RCW 19.94.490 Obstruction of director or sealer in performance of duties—Penalty.
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Any person who hinders or obstructs in any way the director or a city sealer in the performance of official duties under this chapter is subject to a civil penalty up to five thousand dollars.[ 2019 c 96 s 15; 1992 c 237 s 32; 1969 c 67 s 49.]Notes:Effective date—2019 c 96: See n…
RCW 19.94.500 Impersonation of director or sealer—Penalty.
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Any person who impersonates in any way the director or a city sealer, by using an official seal of approval without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to a civil penalty of no more than five thousand doll…
RCW 19.94.507 Gasoline delivered to service stations—Invoice required.
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Persons delivering gasoline to retail service stations shall supply the station with an invoice which shall include the following information: (1) The gross volume of gasoline and the net volume of gasoline at sixty degrees Fahrenheit; (2) the time and temperature of the gasoline…
RCW 19.94.510 Unlawful practices—Penalty.
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(1) The acts or omissions under this section are violations of this chapter.(2) Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, performs any one of the acts enumerated in (a) through (l) of this subsection is …
RCW 19.94.515 Unlawful commercial use of instrument or device—Penalty.
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A person who owns or uses a weighing or measuring instrument or device and uses or permits the use of the instrument for commercial purposes in violation of RCW 19.94.015 is subject to a civil penalty of one hundred dollars for each such instrument or device used or permitted to …
RCW 19.94.517 Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal.
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(1) Whenever the department or a city sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detri…
RCW 19.94.520 Injunction against violations.
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The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter.[ 1969 c 67 s 52.]
RCW 19.94.530 Proof of existence of weighing or measuring instrument or device presumed proof of regular use.
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For the purposes of this chapter, proof of the existence of a weighing or measuring instrument or device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive ev…
RCW 19.94.540 Antifreeze products—Use of aversive agent.
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(1) Any engine coolant or antifreeze manufactured or distributed in the state of Washington after January 1, 2010, that contains more than ten percent ethylene glycol shall contain denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per milli…
RCW 19.94.542 Antifreeze products—Aversive agents—Limitation of liability.
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(1) A manufacturer, packager, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent as required by RCW 19.94.540 shall not be liable for any personal injury, death, property damage, damage to the environment or a natural…