KRS 363.510: Definitions for KRS 363.510 to 363.850.

As used in KRS 363.510 to 363.850:

(1) "Department" means the Kentucky Department of Agriculture;

(2) "Commissioner" means the Commissioner of Agriculture;

(3) "Division" means the Division of Regulation and Inspection;

(4) (a) "Weights and measures" means all weights and measures of every kind ,

instruments and devices for weighing and measuring, and any appliances and

accessories associated with any of the instruments and devices.

(b) The term shall include instruments and devices used to measure internal

moisture or density levels in unprocess ed bulk tobacco if that moisture or

density determination is used as a condition of sale or as part of a contractual

sales agreement.

(c) The term shall not include meters for the measurement of electricity, gas

(natural or manufactured), or water when the y are operated in a public utility

system. Electricity, gas, and water meters are specifically excluded from the

purview of KRS 363.510 to 363.850, and none of the provisions of KRS

363.510 to 363.850 shall apply to those meters or to any appliances or

accessories associated with those meters. However, this paragraph shall not be

construed to prohibit the department from regulating or inspecting electric

vehicle charging stations or any associated electric meters under KRS 363.785

or the administrative regulations promulgated under KRS 363.785;

(5) "Sell" and "sale" mean barter and exchange;

(6) "Director" means the state director of the Division of Regulation and Inspection;

(7) "Inspector" means a state inspector of weights and measures;

(8) "Intrastate commerce" means all commerce or trade that is begun, carried on, and

completed wholly within the limits of the State of Kentucky, and the phrase

"introduced into intrastate commer ce" defines 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;

(9) "Commodity in package form" mean s a commodity put up or packaged in any

manner in advance of sale in units suitable for either wholesale or retail sale,

exclusive of any auxiliary shipping container enclosing packages that individually

conform to the requirements of KRS 363.510 to 363.85 0. 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 of

measure, shall be considered a commodity in package form;

(10) "Consumer package" or "package of consumer commodity" means a commodity in

package form that is customarily produced or distributed for sale through retail

sales agencies or instrumentalities for consumption by individuals or use by

individuals for the pu rposes of personal care or in the performance of services

ordinarily rendered in or about the household or in connection with personal

possessions;

(11) "Nonconsumer package" or "package of nonconsumer commodity" means any

commodity in package form other t han a consumer package, and particularly a

package designed solely for industrial or institutional use or for wholesale

distribution only;

(12) (a) "Barrel," when used in connection with fermented liquor, means a unit of

thirty-one (31) gallons.

(b) "Ton" means a unit of two thousand (2,000) pounds avoirdupois weight.

(c) "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 (128) cubic feet when the wood is ranked and well stowed;

(13) "Weight," as used in connection with any commodity, means net weight. If any

commodity is sold on the basis of weight, the net weight of the commodity shall be

used, and all contracts concerning commodities shall use net weight as their basis of

weight;

(14) "Electric vehicle" has the same meaning as in KRS 186.010;

(15) "Electric vehicle charging port" means the system at an electric vehicle charging

station that can provide power to charge only one (1) electric vehicle at a time, even

though it may have multiple connectors;

(16) "Electric vehicle charging station" means any place with electric vehicle supply

equipment that has an electrical power charging capacity of twenty (20) kilowatts or

more and that:

(a) Is accessible to general public vehicular traffic; and

(b) Sells electricity at retail to charge a battery or other storage device of an

electric vehicle;

(17) "Electric vehicle power dealer" means a person who owns or leases an electric

vehicle charging station; and

(18) "Electric vehicle supply equipment" means any device or system designed and used

specifically to transfer electrical energy to an electric vehicle, either as charge

transferred via physical or wireless connection, by loading a fully charged battery,

or by other means.