Chapter 9.70 WEIGHTS AND MEASURES

As used in this chapter, unless the context clearly indicates otherwise, the words in Sections 9.70.030 through 9.70.060 shall have the respective meanings set out in those sections. (Ord. 2114-95 § 2, 1995)

9.70.030 Definitions—General.

A. “City” means the city of Everett.

B. “Weight(s) and/or measure(s)” mean all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices, except that the term shall not be construed to include meters for the measurement of electricity, natural gas or water when the same are operated in a public utility system. Such electricity, gas and water meters are specifically excluded from the purview of this chapter and none of the provisions of this chapter shall be construed to apply to such meters or to any appliances or accessories associated therewith.

C. “Commercial weighing or measuring device” shall be construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight, measure or count, and shall include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy or indication of the device.

D. “Official approval,” “sealed” or “official seal of approval” mean the uniform seal or certificate issued by a city sealer, or deputy sealer, which indicates that a weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in this chapter.

E. “Point-of-sale system” includes cash register(s), or device(s) and system(s) capable of recovering stored information related to the price of individual retail items.

F. “Correct” as used in connection with weights and measures means conformance to all applicable requirements of this chapter.

G. “Primary standards” means the physical standards that serve as the legal reference from which other standards and weights and measures are derived.

H. “Secondary standards” means the physical standards that are traceable to primary standards through comparisons and used in the enforcement of weights and measures laws and regulations.

I. “Sealer” and “deputy sealer” mean, respectively, a sealer of weights and measures and a deputy sealer of weights and measures of the city.

J. “Sell” and “sale” mean barter and exchange.

K. “Person” means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, firms, societies, clubs, associations, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.

L. “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale.

M. “National Type Evaluation Program” (NTEP) shall be construed to mean a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,” National Institute of Standards and Technology Handbook 105-1, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F),” National Institute of Standards and Technology Handbook 105-2, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask,” or National Institute of Standards and Technology Handbook 105-3, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards.”

N. “Type evaluation” shall be construed to mean the testing, examination, and/or evaluation of a type by a participating laboratory under the National Type Evaluation Program.

O. “Type” shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance.

P. “Participating laboratory” shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the certification of capability of State Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

Q. “Certificate of conformance” (CoC) shall be construed to mean a document issued by the National Institute of Standards and Technology based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, or 105-3.

R. “Service person” shall be construed to mean any individual who, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device. This term shall also apply to employees, owners or agents of a business selling or installing a commercial weighing or measuring device.

S. “Service agency” shall be construed to mean any agency, firm, company, or corporation that for hire, award, commission, or any other payment of any kind sells, installs, services, repairs or reconditions a commercial weighing or measuring device. (Ord. 2114-95 § 2(A), 1995)

9.70.040 Definitions—Weights and measures.

A. “Weight” as used in connection with any commodity shall mean net weight. When the commodity is sold by drained weight, the term means net drained weight.

B. “Net weight” means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.

C. Special Units of Measure.

1. “Barrel”, when used in connection with fermented liquor, means a unit of thirty-one gallons.

2. “Ton” means a unit of two thousand pounds, avoirdupois weight.

3. “Cord”, when used in connection with wood intended for fuel purposes, means the amount of wood that is contained in a space of one hundred twenty-eight cubic feet when the wood in racked and well-stowed.

4. “Unit” or “load”, when used in connection with wood intended for fuel purposes, means firewood sixteen inches or less in length, such as but not limited to mill ends, slabs, edgings and millblocks, that is contained in a space of one hundred ninety-two cubic feet, when the wood is loosely or at random thrown into a container.

D. “Public weighing” means the weighing, measuring, or counting, upon request, of vehicles, property, produce, commodities, or articles other than those that the weigher or his/her employer, if any, is either buying or selling.

E. “Public weighmaster” means any person who performs public weighing as defined in subsection D of this section. (Ord. 2114-95 § 2(B), 1995)

9.70.050 Definitions—Liquid fuels.

A. “Petroleum products” means gasoline, diesel fuel, kerosene, or any product (whether or not such a product is actually derived from naturally occurring hydrocarbon mixtures known as “petroleum”) commonly used in powering, lubricating, or idling engines or other devices, or is labeled as fuel to power camping stoves or lights.

B. “Motor fuel” means any liquid product used for the generation of power in an internal combustion engine, except aviation fuel and liquefied petroleum gases.

1. “Spark-ignition fuel” means gasoline and its blends with oxygenates such as, but not limited to, alcohols and ethers.

2. For labeling purposes, “gasoline-alcohol blend” means any spark-ignition fuel containing one percent or more, by volume, of ethanol, methanol, or any combination of ethanol and/or methanol.

3. “Diesel fuel” means any petroleum liquid suitable for the generation of power by combustion in compression ignition (diesel) engines. (Ord. 2114-95 § 2(C), 1995)

9.70.060 Definitions—Packaging and labeling.

A. “Commodity in package form” means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or measure, shall be construed to be a commodity in package form. Where the term “package” is used in this chapter, it shall mean “commodity in package form” as herein defined.

B. “Intrastate commerce” means any and all commerce or trade that is begun, carried on and completed wholly within the limits of the state; and the phrase “introduced into intrastate commerce” shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

C. “Consumer package (package of consumer commodity)” means a commodity in package form that is customarily produced or distributed for sale through sales agencies or instrumentalities for consumption or use by individuals.

D. “Nonconsumer package (package of nonconsumer commodity)” means any commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution.

E. “Label” means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity or a package containing any consumer commodity, for purposes of branding, identifying, or giving any information with respect to the commodity or to the contents of the package, except that an inspector’s tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be considered a label requiring the repetition of label information.

F. “Random package” means a package that is one of a lot, shipment, or delivery of packages of the same commodity with various weights; that is, packages of the same commodity with no fixed pattern of weight.

G. “Multi-unit package” means a package containing two or more individual packages of the same commodity, in the same quantity, intended to be sold as a multi-unit package, but where the component packages are labeled individually in full compliance with all requirements.

H. “Combination package” means a package intended for retail sale, containing two or more individual packages or units of dissimilar commodities.

I. “Variety package” means a package intended for retail sale, containing two or more individual packages or units of similar, but not identical, commodities. Commodities that are generically the same, but that differ in weight, measure, volume, appearance, or quality, are considered similar but not identical. (Ord. 2114-95 § 2(D), 1995)

9.70.070 Recognition of systems.

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 the city. The definitions of basic units of weight and measure, the tables of weight and measure, and the weights and measures equivalents, as published by the National Institute of Standards and Technology (NIST), are recognized and shall govern weighing and measuring equipment and transactions in the city. (Ord. 2114-95 § 3, 1995)

9.70.080 Requirements for weighing and measuring devices.

A. The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,” and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the city, except insofar as modified or rejected herein.

B. The owner, lessee or user of any weighing or measuring equipment and devices in service and all mechanisms and devices attached thereto or used in connection therewith shall continuously maintain such equipment in proper operating condition throughout the period of such service. Maintenance of such equipment shall be in accordance with the National Institute of Standards and Technology Handbook 44. (Ord. 2114-95 § 4, 1995)

9.70.090 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 or revisions thereof, shall apply to type evaluation in the city, except insofar as modified or rejected herein. (Ord. 2114-95 § 5, 1995)

9.70.100 Title—Gender

Any reference to or use of the terms “he”, “she”, “him”, “her” or other gender-based classification, if applicable as shown by the context thereof, shall apply to the opposite gender also. (Ord. 2114-95 § 6, 1995)

9.70.110 Field standards and equipment.

There shall be supplied by the city such city standards and field standards and such equipment as may be found necessary to carry out the provisions of this chapter. The city standards shall be verified by a state weights and measures office upon their initial receipt and at least once each five years thereafter. Field standards shall be verified at least once every two years to city standards. City standards shall be standards under the control of any city weights and measures program or a NIST accredited standards laboratory. (Ord. 2114-95 § 7, 1995)

9.70.120 Sealer—General powers and duties.

A. The sealer shall have the custody of the city standards of weight and measure and of the other standards and equipment provided for by this chapter. The sealer shall maintain traceability of the city standards to the national standards. The sealer shall enforce the provisions of this chapter and of the state of Washington Weights and Measures Act (Chapter 19.94 RCW), and have the authority to promulgate rules and regulations for the implementation, administration and enforcement of this chapter which rules and regulations shall have the force and effect of law. The sealer shall have and keep a general supervision over the weights and measures offered for sale, sold or in use in the city, including inspecting and testing weights and measures kept, offered, or exposed for sale; establishing labeling requirements, establishing standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and granting exemptions from the provisions of this chapter or any regulations promulgated pursuant hereto when appropriate for the maintenance of good commercial practices within the city. Any exemption granted shall be the minimum required to maintain good commercial practices within the city and shall not exceed a period of more than thirty days.

B. The sealer is charged with performing the following functions:

1. Requiring that weights and measures in commercial service within the city are suitable for their intended use, properly installed, accurate, and are so maintained by their owner or user.

2. Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold, or purchased within this city.

3. Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this city and those of the state and federal agencies.

4. Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to seek equity among buyers and sellers. (Ord. 2114-95 § 8, 1995)

9.70.130 Testing at city-supported institutions.

The sealer shall from time to time test weights and measures used in checking the receipt or disbursement of supplies in city facilities for the maintenance of which moneys are appropriated by the city council. (Ord. 2114-95 § 9, 1995)

9.70.140 Testing commercial devices.

A. When not otherwise provided by law, the sealer shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered or exposed for sale. It shall be the duty of the sealer, within a twelve-month period or as often as deemed necessary, to inspect and test, to ascertain if they are correct, a sufficient number of weights and measures used as follows:

1. In determining the weight, measurement or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or of count; or

2. In computing the basic charge or payment for services rendered on the basis of weight, measure or of count; provided, that with respect to single-service devices, that is, devices designed to be used commercially only once and to be then discarded, and with respect to devices uniformly mass produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspection and tests on such samples.

B. Charges will be established by regulation for weights and measures inspections requested by the owner and the fee shall be paid to the city treasurer who shall issue a receipt therefor, which receipt shall be exhibited to the sealer or deputy sealer upon request.

C. Assistance in Testing Operations. If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, such equipment, accessories, and/or labor shall be supplied by the owner or operator of the device as required by the weights and measures official.

D. In addition to any requirement specified in NIST Handbook #44, any weighing or measuring device receiving an initial inspection by a weights and measures official or a device placed back into use following service or repair shall have acceptance tolerance applied.

E. Heavy Capacity Scale Inspection. Owners or users of scales having a capacity greater than one ton shall have these devices tested at the users expense, once a year or as otherwise directed by the sealer. The test shall be conducted by a scale or service agency with the sealer in attendance to certify the test. (Ord. 2114-95 § 10, 1995)

9.70.150 Point-of-sale systems.

A. The sealer shall verify advertised prices, price representations, and point-of-sale systems, as deemed necessary, to:

1. Determine the accuracy of prices and computations and the correct operation of the equipment; and

2. If such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.

B. In carrying out the provisions of this section, the sealer shall:

1. Employ sampling procedures modeled on the National Institute of Standards and Technology Handbook 130, “Price Verification”;

2. Issue necessary rules and regulations regarding the accuracy of advertised prices and automated systems for retail price charging (referred to as “point-of-sale systems”) for the enforcement of this section; and

3. Conduct investigations to ensure compliance. (Ord. 2114-95 § 11, 1995)

9.70.160 Investigations.

The sealer shall investigate complaints concerning violations of the provisions of this chapter, and shall, upon his/her own initiative, conduct investigations as deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. (Ord. 2114-95 § 12, 1995)

9.70.170 Sample inspection of packages—Removal of items in violation.

The sealer shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered or exposed for sale, or sold, in accordance with law or regulations promulgated pursuant hereto; and when such packages or amount of commodities are found not to contain the amounts represented, or are found to be kept, offered or exposed for sale in violation of law, the sealer may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the sealer may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall sell or keep, offer or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the sealer. (Ord. 2114-95 § 13, 1995)

9.70.180 Orders to restrain from use or sale.

The sealer shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered or exposed for sale, sold, or in process of delivery, whenever in the course of the enforcement of the provisions of this chapter it is deemed necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section. (Ord. 2114-95 § 14, 1995)

9.70.190 Approval or disapproval of devices—Marking.

The sealer shall approve for use and seal or mark with appropriate devices such weights and measures as are found upon inspection to be correct and shall reject and may mark or tag as “rejected” such weights and measures as found to be incorrect, but which in his/her best judgment are susceptible of satisfactory repair. The sealer shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in his/her best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the sealer if not corrected as required herein, or if used or disposed of contrary to the requirements herein. (Ord. 2114-95 § 15, 1995)

9.70.200 Special police powers.

A. It shall be the responsibility of the sealer to enforce all provisions of this chapter including rules and regulations.

B. The sealer shall be empowered to exercise the authority of a peace officer which power shall include issuance of citations for the purpose of administering and enforcing the provisions of this chapter.

C. The sealer shall bear identification reflecting the authority under which he acts which identification shall be shown to any person requesting the same. (Ord. 2114-95 § 16, 1995)

9.70.210 Deputy sealers—Powers and duties.

The powers and duties given to and imposed upon the sealer are given to and imposed upon the deputy sealers also, when acting under the instructions and at the direction of the sealer. (Ord. 2114-95 § 17, 1995)

9.70.220 Disposition of rejected apparatus.

Weights and measures that have been rejected under the authority of the 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 section. The owners of such rejected weights and measures shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority, or in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct or until specific written permission for such use is issued by the rejecting authority. (Ord. 2114-95 § 18, 1995)

9.70.230 Requirements for motor fuel.

A. For the purpose of administering and giving effect to the provisions of this chapter, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted except as amended or modified. The sealer is empowered to write rules and regulations on the advertising, posting of prices, labeling, standards for, and identity of motor fuels.

B. It is unlawful for any dealer or service station, as both are defined in RCW 82.36.010, to sell oxygenated fuel at one percent, by volume, or greater in gasoline for use as motor vehicle fuel unless the dispensing device has a label stating the type and maximum percentage of oxygenate contained in the fuel. Except that during such portion of the year as oxygenated petroleum products are required in carbon monoxide nonattainment areas pursuant to provisions of subchapter I of the Clean Air Act, service stations or dealers shall post such label or notice as required pursuant to 42 U.S.C. 7545(m).

C. Persons delivering gasoline to retail service stations shall supply the station with an invoice which shall include:

1. Gross volume of gasoline and net volume at sixty degrees Fahrenheit;

2. Time and temperature of the gasoline as loaded onto the delivery truck; and

3. The time of delivery to the retail service station. (Ord. 2114-95 § 19, 1995)

9.70.240 Method of sale of commodities.

A. Except as otherwise provided by the sealer or by firmly established trade custom and practice recognized by the sealer:

1. Commodities in liquid form shall be sold by liquid measure or by weight; and

2. Commodities not in liquid form shall be sold by weight, by measure, or by count. The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.

B. The provisions of this section shall not apply to the following:

1. Commodities when sold for immediate consumption on the premises where sold;

2. Vegetables when sold by the head or bunch;

3. Commodities in containers standardized by a law of the state or by federal law;

4. Commodities in package form where there exists a general consumer usage to express the quantity in some other manner. (Ord. 2114-95 § 20, 1995)

9.70.250 Declaration of unit price on random packages.

In addition to other declarations required by this chapter, any commodity in package form, the package being 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, at the time it is offered or exposed for sale at retail, a plain and conspicuous declaration of the price per single unit of weights, measure or count and the total selling price of the package. (Ord. 2114-95 § 21, 1995)

9.70.260 Requirements for packaging and labeling.

The Uniform Packaging and Labeling Regulations 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 as guidelines to packaging and labeling in the city, except insofar as modified or rejected herein. (Ord. 2114-95 § 22, 1995)

9.70.270 Misleading packages prohibited.

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 standard of fill as may have been prescribed for the commodity in question by the sealer. (Ord. 2114-95 § 23, 1995)

9.70.280 Declaration of amounts in advertising.

A. Whenever a commodity in package form is advertised in any manner and the retail price of such commodity is mentioned, there shall be closely and conspicuously associated with the retail price a declaration of actual weight, measure or count of the contents of the package as is declared on the package. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

B. Whenever an advertised, posted or labeled price includes special conditions to receive such price, all conditions shall be prominently displayed immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the price. (Ord. 2114-95 § 24, 1995)

9.70.290 Retail pricing required.

Any person who offers items for sale in a retail store shall mark clearly on each item the price of said item, or shall place on the shelf adjacent to the item a uniform shelf tag or larger sign indicating item price. (Ord. 2114-95 § 25, 1995)

9.70.300 Information required on packages.

Except as otherwise provided in this chapter or by regulations promulgated pursuant hereto, any 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 commodity in the package, unless the same can easily be identified through the wrapper or container;

B. The quantity of contents in terms of weight, measure, or count; and

C. The name and place of business of the manufacturer, packer, or distributor in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed. (Ord. 2114-95 § 26, 1995)

9.70.310 Sale by net weight.

The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. (Ord. 2114-95 § 27, 1995)

9.70.320 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 or regulation of the sealer shall be accompanied by a delivery ticket containing the following information:

A. The name and address of the buyer and seller;

B. The date delivered;

C. The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

D. The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and

E. The count of individually wrapped packages, if more than one. (Ord. 2114-95 § 28, 1995)

9.70.330 Solid wood fuel.

A. All solid wood sold as fuel shall be offered, exposed and advertised for sale by the cord or fractional part thereof, except that firewood sixteen inches or less in length such as, but not limited to, mill ends, slabs, edgings and millblocks may be sold, offered, exposed or advertised for sale by the unit or load or one-half or quarter fractional part thereof. A “unit or load”, for the purpose of this section, shall mean the measurement of wood intended for fuel that is contained in a space of one hundred and ninety-two cubic feet, when the wood is loosely or at random thrown into a container. Such a unit or load is recognized as the equivalent of a cord of wood when ranked and well stowed. It shall be the responsibility of the seller to determine the capacity of any container, including any delivery vehicle, used in dispensing a unit or load or fractional part thereof and so mark it in terms of the unit or load or fractional part thereof.

B. All firewood fuel sales shall be accompanied by legible duplicate delivery tickets. One of these tickets shall be retained by the seller and the other shall be handed to the purchaser at the time of sale of the fuel. The delivery ticket shall clearly state the information required herein. (Ord. 2114-95 § 29, 1995)

9.70.340 Misrepresentation of price.

A. 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 prospective purchaser.

B. Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of, the numerals representing the whole cents. (Ord. 2114-95 § 30, 1995)

9.70.350 Misrepresentation of quantity.

No person shall:

A. Sell, offer, or expose for sale less than the quantity represented; nor

B. Take any more than the represented quantity when as buyer s/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 any way deceive another person. (Ord. 2114-95 § 31, 1995)

9.70.360 Sale of meat, poultry and seafood.

Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight, except that whole shellfish in the shell may be sold by weight, measure, and/or count. When meat, poultry or seafood is combined with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the several elements of the product or combination. (Ord. 2114-95 § 32, 1995)

9.70.370 Visibility to customer.

A. A device used in direct sales, except a prescription scale, shall be so positioned that its indications may be accurately read and the weighing or measuring operation may be observed from some reasonable customer position.

B. A point-of-sale system, or other device for totaling the monetary value of consumer purchases installed after January 1, 1996, shall be positioned so that its indications may be accurately read from a reasonable customer position. (Ord. 2114-95 § 33, 1995)

9.70.380 Fractional provision for contracts.

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined herein, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement. (Ord. 2114-95 § 34, 1995)

9.70.390 Service agencies and service agents.

A. Registration. All service agents and service agencies who intend to place new, used, repaired or reconditioned commercial weighing and measuring devices into service must be registered with the state of Washington as per Chapter 19.94 RCW prior to performing such tasks. All tests and services performed shall be conducted in keeping with NIST Examination Procedures Outlines for that particular type of device and in keeping with the requirements of the National Institute of Standards and Technology Handbooks No. 44.

B. Notification. The service agent or service agency will report to the sealer the installation of any new or used weighing or measuring device that is being put into commercial use for the first time at a location. If the installation involves a vehicle scale, notice shall be furnished a reasonable time (not less than two days) in advance of the final test before placing in service so the sealer can be in attendance for the final test when deemed necessary.

In instances where service agents or service agencies are called upon to service, repair, recondition or remanufacture a commercial weighing or measuring device that has been “rejected”, ordered “out-of-service” or “condemned”, they may be privileged to remove such regulatory tags but such tags must be returned to the rejecting authority along with the copy of the original order of inspection report that has been legible signed by the service agent.

In all instances of service that involve the use of standards or testing equipment for the calibration of a commercial device, the service agent or agency must make out a report indicating test methods, conditions found and the final values of tolerance in which the device(s) were left.

In addition to service agents, any owner or user of a commercial weighing or measuring device must notify the city sealer of the installation of a new or used weighing or measuring device.

C. Standards. Any person who engages in the business as a service agent or service agency shall submit for inspection all standards used as per RCW 19.94.325. A service agent shall not use any weight or measure standard that does not have a valid, official certificate from a NIST approved certification laboratory. A copy of such certification must be provided upon request.

D. Revocation. For any installation by a service agency or service agent, the sealer shall have the power to revoke, suspend, or refuse the privilege of placing a device into commercial use for any of the following reasons:

1. A finding by the sealer of a pattern of intentional, fraudulent or negligent activities in the selling, installation, checking, or calibration of any weighing or measuring instrument, device, or system; or

2. Placing into commercial service any weighing or measuring instrument, device or system that does not comply to all applicable requirements of this chapter or the requirements of any rule adopted under the authority granted in this chapter. (Ord. 2114-95 § 35, 1995)

9.70.400 Fees—Registration of device.

A. Except as specified for the initial registration of the instrument or device, no weighing or measuring instrument or device specified in subsection D of this section may be used for commercial purposes in the city unless its commercial use is registered annually with the city of Everett office of weights and measures.

B. Registration with the city is accomplished as part of the master license system under Chapter 19.02 RCW. The fees established in this section shall be paid to the Washington State Department of Licensing concurrently with an application for a master license or with the annual renewal of a master license under Chapter 19.02 RCW. Payment of the registration fee for the specific weighing or measuring instrument or device under the state of Washington master license system constitutes the registration required by this subsection.

C. Registration fees upon weighing and measuring instruments or devices within the city that are collected under this section by the state of Washington Department of Licensing shall be remitted to the city through the state of Washington Department of Agriculture. All such fees collected by the state under this provision shall be remitted to the city less reasonable Department of Licensing collection expenses. All monies collected under this subsection shall be used solely for the purposes of implementing or enforcing this chapter.

D. A person who owns a weighing or measuring instrument or device as listed in subsection E, and uses or permits the use of the instrument for commercial purposes in violation of subsection A of this section is subject to a civil infraction for each day and for each such instrument or device used or permitted to be used in violation of subsection A of this subsection.

E. The following annual registration fees shall be charged for each specified weighing or measuring instrument or device used for commercial purposes in the city:

1. Weighing Devices.

a. Small scales: “zero to four hundred pounds capacity”: five dollars.

b. Intermediate scales: “four hundred pounds to five thousand pounds capacity”: twenty dollars.

c. Large scales: “over five thousand pounds capacity”: fifty-two dollars.

d. Large scales with supplemental device : fifty-two dollars.

e. Railroad track scales: eight hundred dollars.

2. Liquid Metering Devices.

a. Liquid meters with flows of less than twenty gallons per minute: five dollars.

b. Liquid meters with flows of twenty gallons per minute but not more than one hundred fifty gallons per minute: sixteen dollars.

c. Liquid meters with flows of over one hundred fifty gallons per minute: twenty-five dollars.

3. Liquid Petroleum Gas Meters.

a. With one inch diameter or smaller dispenser: ten dollars.

b. With greater than one inch diameter dispensers: thirty dollars.

4. Fabric meters: five dollars.

5. Cordage meters: five dollars.

6. Mass flow meters: fourteen dollars.

7. Taxi meters: five dollars. (Ord. 2114-95 § 36, 1995)

9.70.410 Hindering or obstructing officer—Penalty.

Any person who hinders or obstructs in any way the sealer or deputy sealer in the performance of official duties is guilty of a misdemeanor. (Ord. 2114-95 § 37, 1995)

9.70.420 Impersonation of officer—Penalty.

Any person who impersonates in any way the sealer or a deputy sealer by the use of the weights and measures seal or a counterfeit of the weights and measures seal, or in any other manner, is guilty of a misdemeanor. (Ord. 2114-95 § 38, 1995)

9.70.430 Offenses and penalties.

A. It shall be unlawful for any person to:

1. Use or have in possession for the purpose of using for any commercial purpose specified herein, selling, offering or exposing for sale or hire, or having in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;

2. Use or have in possession for the purpose of current use for any commercial purpose specified herein a weight or measure that does not bear a seal or mark such as is specified herein, unless such weight or measure has been exempted from testing by the sealer;

3. Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation;

4. Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority;

5. Sell, offer or expose for sale less than the quantity represented of any commodity, thing or service;

6. Take more than the quantity represented of any commodity, thing or service when, as buyer, s/he furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined;

7. Keep for the purpose of sale, advertise, offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law or regulation;

8. Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer;

9. Sell or offer for sale for use in commerce any incorrect weight or measure;

10. Violate any provision of this chapter or the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.

B. Criminal Violation. Any person who, by himself or herself, by his or her servant or agent, or as the servant or agent of another violates any provision of this chapter shall be guilty of a misdemeanor.

C. Injunctive Action. Any violation of the provisions of this chapter constitutes a public nuisance which the city can abate by an action in Snohomish County superior court. The costs of such action shall be taxed against the violator.

D. Civil Infraction. In addition to, or as an alternative to, any other penalty provided in this chapter or by law any person who violates any provision of this chapter or regulation issued under it shall be subject to a civil infraction of a maximum of two hundred fifty dollars for each violation. Each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this chapter occurs.

E. Provisions Nonexclusive. Penalty and enforcement provisions provided in this section are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 2114-95 § 39, 1995)

9.70.440 Appeal.

Any written determination of the sealer is appealable by the person to whom the determination is directed. Such appeal shall be in writing and filed with the city clerk within ten days of the date of issuance. The appeal shall be heard by the city council. The council shall sustain the sealer’s determination unless there is a substantial error in law, fact or procedure in which case council can grant the appeal, remand the determination to the sealer or modify the sealer’s decision accordingly. The decision of the council shall be final unless within thirty calendar days from the date of council’s decision a writ of certiorari is obtained from Snohomish County superior court for the purpose of review of the action taken. (Ord. 2114-95 § 40, 1995)

9.70.450 Injunction.

The city 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. (Ord. 2114-95 § 41, 1995)

9.70.460 Presumptive evidence.

For the purpose of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building in which or from which buying or selling is commonly carried on shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge in such building, enclosure, stand or vehicle. (Ord. 2114-95 § 42, 1995)

9.70.470 Validity of prosecution.

Prosecutions for violation of any provision of this chapter are declared to be valid and proper notwithstanding the existence of any other valid general or specific statute of the state or ordinance of this city dealing with matters that may be the same as or similar to those covered by this chapter. (Ord. 2114-95 § 43, 1995)

9.70.480 Third party liability.

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees.

Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. (Ord. 2114-95 § 47, 1995)