83-201. Definitions.
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/ks/chapter-83/83-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
83-201. Definitions. As used in this chapter:
(a)"Chapter" means chapter 83 of the Kansas statutes annotated, and amendments thereto, and rules and regulations adopted thereunder.
(b)"Correct," as used in connection with weights and measures, means conformance to all applicable tolerances, specifications and requirements as established by the secretary and those established within this chapter.
(c)"Device used for weighing, measuring or both" means any weight, scale, beam, liquefied petroleum gas meter, vehicle tank meter, measures of every kind, instruments and mechanical or electronic devices for commercial weighing or measuring, and any appliances and accessories connected with any or all such instruments. "Device used for weighing, measuring or both" does not include dispensing devices.
(d)"Dispensing device" means a motor-vehicle fuel or liquid fuel dispensing pump, meter or other similar measuring device and includes any device that dispenses refined or blended gasoline or diesel fuel product. "Dispensing device" does not include liquefied petroleum gas meters or vehicle tank meters.
(e)"Drained weight" means the weight of the solid or semisolid product representing the contents of a package or container obtained after a prescribed method for excluding the liquid has been employed.
(f)"Electric vehicle supply equipment" means a device with one or more charging ports and connectors for charging electric vehicles. "Electric vehicle supply equipment" includes all charging ports and supporting equipment necessary for the operation thereof and the area in the immediate vicinity of the same, including adjacent parking areas and lanes for vehicle ingress and egress.
(g)"Liquefied petroleum gas" means commercial propane and such commercial butane as is used for heating fuel.
(h)"Package" means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale.
(i)"Person" means an individual or a company, partnership, corporation, society association or governmental agency and any authorized agent thereof. "Person" does not include the secretary.
(j)"Place of business" means any location from which a testing service or company, or one or more representatives or employees thereof, sells and performs services for the purpose of testing, repairing, adjusting or calibrating devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.
(k)"Point-of-sale system" means any combination of a cash register or other devices, electronic applications, software, online purchasing systems or other systems, such as a scanner, capable of recovering stored information related to the price or computing the price of any individual item that is sold or offered for sale at retail. A "point-of-sale system" may include or be attached or connected to a weighing or measuring device.
(l)"Primary standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived.
(m)"Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.
(n)"Scanner" means any electronic system that employs a laser-bar code reader to retrieve product identity, price or other information stored in a computer memory.
(o)"Secondary standards" means the physical standards that are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules and regulations.
(p)"Secretary" means the secretary of the Kansas department of agriculture or the secretary's designee.
(q)"Service company" means a company that is in the business of examining, calibrating, testing, repairing and adjusting devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment. "Service company" does not include a technical representative unless the technical representative is the owner of such service company.
(r)"Technical representative" means an individual who performs the proper installation, repair, adjustment or calibration and certification of the accuracy of a device used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.
(s)"Vehicle tank meter" means those meters mounted on vehicle tanks used for the measurement and delivery of petroleum products.
(t)"Weight," as used in connection with any commodity means net weight, except that if the label declares that the product is sold by drained weight, then the term means net drained weight.
(u)"Weights and measures" means all commercial weights or measures of every kind.