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Home » US Law » 2022 West Virginia Code » Chapter 47. Regulation of Trade » Article 1. Weights and Measures

§47-1-1. Definitions

(a) "Commercial business" means any business, which in the course of normal operation, offers or exposes goods or services for sale, for the purpose of financial or monetary gain. (b) "Commercial location" means a physical location or address where businesses conduct commercial transactions. Each physical address or location constitutes a separate "commercial location". (c) "Commercial […]

§47-1-10. Requirements for Type Evaluation

The uniform regulation for national type evaluation as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 130, "Uniform Laws and Regulations" and supplements thereto and revisions thereof, shall apply to type evaluation in the state, except insofar as modified or rejected by legislative rule.

§47-1-11. Requirements for Motor Fuel

The uniform regulation for motor fuel as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 130, "Uniform Laws and Regulations" and supplements thereto and revisions thereof, shall apply to motor fuel quality in the state, except insofar as modified or rejected by legislative rule.

§47-1-12. Misrepresentation of Quantity

No person may: (a) Sell, offer or expose for sale less than the quantity represented; nor (b) Take more than the represented quantity when, as buyer, he furnishes the weight or measure by means of which the quantity is determined; nor (c) Represent the quantity in any manner calculated or tending to mislead or in […]

§47-1-13. Misrepresentation of Pricing

No person may misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight, measure or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

§47-1-14. Method of Sale

Except as otherwise provided by the commissioner or by firmly established trade custom and practice: (a) Commodities in liquid form shall be sold by liquid measure or by weight; and (b) Commodities not in liquid form shall be sold by weight, by measure or by count. The method of sale shall provide accurate and adequate […]

§47-1-15. Sale From Bulk

All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by rule of the commissioner, shall be accompanied by a delivery ticket containing the following information: (a) The name and address of the buyer and seller; […]

§47-1-16. Information Required on Packages

Except as otherwise provided in this article or by rule promulgated pursuant thereto, any package whether a random package or a standard package, kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of: (a) The identity of the […]

§47-1-17. Declarations of Unit Price on Random Weight Packages

In addition to the declarations required by section fifteen of this article, any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per […]

§47-1-18. Advertising Packages for Sale

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or rule to appear on the package. Where a dual declaration is required, only the declaration that sets forth the quantity […]

§47-1-19. State Weights and Measures Division

There shall be a state division of weights and measures located for administrative purposes within the Division of Labor. The division is charged with, but not limited to, performing the following functions on behalf of the citizens of the state: (a) Assuring that weights and measures in commercial service with the state are suitable for […]

§47-1-2. State Standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the national institute of standards […]

§47-1-20. State Measurement Laboratory

(a) The commissioner shall operate and maintain a state measurement laboratory certified and approved by the National Institute of Standards and Technology. The laboratory shall be used to both house and maintain the state primary standards and secondary standards as traceable to the national standards and to test or calibrate any secondary or working standards […]

§47-1-21. Registration of Business

(a) On or before October 1, 1994, every commercial business in the state which, in the course of conducting business, utilizes weights, measures, and weighing and measuring devices covered by this article shall obtain a certificate of device registration for the commercial devices covered by this article, from the division. After October 1, 1994, it […]

§47-1-5. Requirements for Packaging and Labeling

The uniform packaging and labeling regulation as adopted by the national conference on weights and measures and published in the national institute of standards and technology handbook 130, "Uniform Laws and Regulations" and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by legislative […]

§47-1-6. Requirements for the Method of Sale of Commodities

The uniform regulation for the method of sale of commodities as adopted by the national conference on weights and measures and published in the national institute of standards and technology handbook 130, "Uniform Laws and Regulations" and supplements thereto and revisions thereof, shall apply to the method of sale of commodities in the state, except […]