N.Y. Agriculture & Markets Law § 192-f: Bulk sales or transportation; coal and coke

§ 192-f. Bulk sales or transportation; coal and coke. 1. This section

shall apply to the bulk sale or transportation of coal, coke, feed for

domestic animals, fertilizer, lime and household goods, and any other

commodity or article sold or transported by weight as the commissioner

may prescribe in regulations. Bulk sale means the sale of any

unpackaged commodity when the weight thereof forms a basis for the

amount of the sale. Bulk transportation means the transportation of any

article when the weight thereof forms a basis for the amount charged by

the transporter. This section shall not apply to the sale or

transportation of entire rail carload or shipload lots. The commissioner

may by regulation exempt from this section bulk sales or transportation

in small lots, defined by quantity, selling price or any other

appropriate standard prescribed by the commissioner.

2. Coal and coke sold in bulk shall be sold by weight.

3. The seller or transporter of any commodity or article covered by

this section shall provide the buyer or person for whom transportation

is made, at the time of delivery, with a weight ticket issued by a

licensed weighmaster. Such weight ticket shall bear the name and

address of the seller in the case of a sale and of the transporter in

the case of transportation, the date when weighed, and the full

signature and license number of the weighmaster. The ticket shall also

bear the gross weight of the loaded vehicle, the tare weight of the

empty vehicle and the net weight of the commodity or article delivered.

If the weight of the product is determined prior to or in the process of

loading, the ticket shall bear the net weight of the product and need

not bear the gross and tare weights.

4. The operator of any vehicle employed in the delivery of a commodity

or article covered by this section shall have in his possession the

weight ticket required herein. Any weights and measures official who

finds such commodity or article ready for or in process of delivery by

vehicle may direct the seller, transporter or vehicle operator to convey

the vehicle to an available stationary scale suitable for weighing the

loaded vehicle. Such official shall thereupon determine the gross weight

of the vehicle and commodity or article and shall direct the seller,

transporter or vehicle operator to return to such scale immediately

after delivery of the commodity or article, and upon such return such

official shall determine the tare weight of the vehicle without load. No

seller, transporter or vehicle operator shall fail to take the vehicle,

upon the direction of such official, to the scale as aforesaid or refuse

to permit the vehicle to be weighed as provided in this section.