[Amended 7-18-1996 by L.L. No. 5-1996]
It shall be unlawful to use any weighing or measuring device
unless the same shall have been tested, sealed and marked by a representative
of the Office of Licensing.
The specifications, tolerances and regulations as specified
in Handbook No. 44 and amendments thereto, as recommended by the National
Bureau of Standards, Article 16 of the Agriculture and Markets Law
and the New York State Rules and Regulations and amendments thereto,
shall apply to all weights, measures and weighing and measuring devices
now or hereafter used, sold, offered for sale or hired for use in
the City of Yonkers.
It shall be unlawful to manufacture, construct, sell, offer
for sale or give away a dry or liquid measure or any barrel, pail,
basket, vessel or container intended to be used in the purchase or
sale of any commodity or article of merchandise unless it shall be
so constructed as to conform to the standards required by this chapter.
It shall be unlawful for any person to use any barrel, cask, pail,
basket, vessel or container unless it shall conform to such standards.
It shall be unlawful to sell or offer for sale any commodity
or article or merchandise other than by true weight or measure.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Director or a representative of the Office may issue orders
to remove from sale any commodity found to be in violation of any
provision of this chapter.
[Amended 7-18-1996 by L.L. No. 5-1996]
No person, firm or corporation shall, in buying or selling any
commodity by weight or measure, use or have any weight, measure, measuring
device, meter systems, scales, patent balances, steel yards or other
instruments which do not conform to the standards prescribed by law,
nor shall any person, firm or corporation use, in the weighing or
measuring of any commodity, any scale, measures, balance, measuring
device, meter, platform scale or other instrument which is out of
order or incorrect or is not in balance. The Director or a representative
of the Office may condemn or confiscate any equipment found to be
in violation of this section.
A.
A hanging scale shall be suspended from a stationary support so that
the face or dial of the scale is in full view of the public.
B.
A hanging spring scale shall be so suspended that the top or inside
of the plate, scoop or pan shall be in clear view of the public, no
higher than five feet six inches and no lower than four feet six inches
from the ground or floor.
C.
When the buyer and seller are on opposite sides of the counter, all
scales or other weighing or measuring devices used in the premises
shall be so placed that they are between the buyer and seller, and
the dials or faces of such devices shall be in full view of the buyer.
D.
Counter spring scales, counter patent or counter computing scales
shall be so placed or positioned that the dials or weight indicators
shall be no more than five feet six inches and no less than four feet
six inches from the ground or floor.
E.
No person selling or offering for sale a commodity by net weight
shall quote or state the net weight or the total selling price of
such commodity being sold or offered for sale unless the weight indicator
of the weighing device on which it is being weighed is at rest.
When food or food products are packaged or wrapped for sale
by the retailer in advance of being sold, offered for sale or exposed
for sale, or whenever meat, poultry or fish in containers are sold,
offered for sale or exposed for sale, an accurate computing scale
of adequate capacity shall be maintained, so placed as to be easily
available to customers. This computing scale shall not be placed or
set more than 30 feet from the prepackage display counter. A prominent
and conspicuous sign shall be displayed on the computing scale, such
sign to read "For Customer Use."
[Amended 7-18-1996 by L.L. No. 5-1996]
Within five days after the condemnation of a weighing or measuring
device, the owner thereof, at the owner's expense, shall cause
the same to be conformed to the standards established by Article 16
of the Agriculture and Markets Law and, within 24 hours thereof, shall
cause notice, in writing, of such conformance to be mailed to or served
personally upon the Office of Licensing. The seal upon any such device
shall remain affixed and unbroken unless removed pursuant to the Agriculture
and Markets Law.
[Amended 7-18-1996 by L.L. No. 5-1996]
It shall be unlawful to render inaccurate any device to be used
in weighing or measuring any commodity, article or merchandise after
such device has been tested, sealed and marked by the Director or
representative of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every person engaged in the business of dealing in, trading
in, selling, receiving or repairing condemned rebuilt or used weighing
or measuring devices, within five days after the making of a repair
or the sale and delivery of a repaired, rebuilt or used weighing or
measuring device, shall serve notice in writing to the Office of Licensing,
giving the name and address of the person for whom such repair has
been made or to whom a repaired, rebuilt or used weighing or measuring
device has been sold or delivered, and shall include a statement that
such device has been so altered, rebuilt or repaired as to conform
to the standard specifications and regulations required by this chapter
and all applicable state laws and requirements.
[Amended 7-18-1996 by L.L. No. 5-1996]
Any person who accepts weighing or measuring devices in trade
shall remove the condemned tags from those devices which have been
condemned by the Office and which are intended for dismantling or
destruction. Such tags shall be returned to the Office within five
days thereafter, with a statement describing the weighing or measuring
device, giving the name and address of the person from whom it was
received and a statement to the effect that it has been dismantled
or destroyed.
A.
Every person engaged in the business of dealing in, trading in, selling,
receiving or repairing condemned, rebuilt or used weighing or measuring
devices shall maintain a book or register in which the following shall
be kept:
B.
All persons dealing in, trading, selling, receiving or repairing
condemned, rebuilt or used weighing or measuring devices shall submit
their testing equipment at least once a year to the testing station
of the Office for comparison and calibration with the prime standards
maintained by the Office, after which the Office shall issue to such
person a statement or certification of its findings.
[Amended 7-18-1996 by L.L. No. 5-1996]
A.
Prescribed units. A declaration of quantity shall be expressed in
terms of the largest whole unit of weight or measure (for example,
one quart liquid shall be expressed as "one quart liquid" and not
as "two pints liquid" or "32 fluid ounces"). However, when this results
in a whole number and a fraction, the fraction may be expressed in
its equivalent in the next smaller whole unit (for example, 1 3/4
quarts liquid may be expressed as "one quart 1 1/2 pints liquid"
or "one quart one pint eight fluid ounces," but not as "one quart
24 fluid ounces"; 1 1/4 pounds may be expressed as "one pound
four ounces").
B.
When the commodity is liquid, the markings shall be in terms of liquid
measure; when the commodity is solid, semisolid, viscous or a mixture
of solid and liquid, the markings shall be in terms of weight, except
where otherwise provided by the Office of Licensing, provided that
if the commodity is packaged in an aerosol container, the declaration
shall be in terms of net weight, including the propellant.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Where packaged food or food products are sold or offered for sale
with quantity representations in decimals, an adequate equivalent
weight chart shall be posted at or near the items so sold or offered
for sale.
When any unit or weight or measure having two or more distinct
meanings is employed in a declaration of quantity, the declaration
shall be made between liquid and dry quarts and pints. However, such
distinction may be omitted when, by association of terms as in "one
pound four ounces" or "one pint eight fluid ounces," the proper meaning
is obvious.
When commodities are sold or offered for sale by weight, measure
or numerical count and the containers are so marked, no qualifying
word or phrase or clause shall be used. Statements such as "minimum
weights," "not less than," "average," "when packed" or similar qualifying
phrases are prohibited, nor shall any unit of weight, measure or count
be qualified by any term, such as "jumbo," "giant," "full" or the
like, that tends to exaggerate the amount of commodity.
When consumer commodities and/or services are offered or exposed
for sale, the price to be charged must be clearly indicated and must
be free of such qualifying words as "and up" or "extra," etc. If an
additional charge is to be made, the consumer must be notified in
advance.
A declaration of quantity in terms of count shall be supplemented
by a declaration of the weight, measure or size of the individual
units of the commodity or of the total weight or measure of the commodity,
unless a declaration of count alone is fully informative to the customer.
A declaration of quantity in terms of weight or measure shall
be supplemented by a declaration of the count or size of the individual
units of the commodity, unless a declaration of weight or measure
alone is fully informative to the customer.
A declaration of weight or measure in United States customary
units may be supplemented by a declaration in units of the metric
system.
All information required by these rules and regulations to appear
on a container shall appear thereon in the English language. A translation
in any language other than English of such informative nature may
supplement the representations on the container to provide fuller
consumer information.
The price of any goods or services exposed for sale or offered
for sale at retail shall be clearly displayed. The manner of display
may be by a stamp, tag or label on each unit or by a sign at the point
of display or, where applicable, by a sign visible to the general
public listing the prices of the goods and services offered.
In the event that an article is stamped, tagged or labeled with
more than one price, a statement identifying the original price using
terms such as "former price," "regular price," "original price," "list
price" or "prior selling price" must be clear and conspicuous and
in a close proximity to the current selling price.
No person shall sell an article at a greater price than the
price displayed or advertised for the article, and the price must
be clearly stamped, tagged or labeled on each article to be sold.
Any commodity sold or offered for sale in a container shall
bear on the outside or top thereof a definite, plain and conspicuous
declaration of the name and place of business of the manufacturer,
packer or distributor.
[Amended 7-18-1996 by L.L. No. 5-1996]
It shall be unlawful for any person to obstruct, hinder or molest
a representative of the Office of Licensing in the performance of
official duties.
A.
The following schedule of fees for the inspection or testing of weights,
measures or weighing or measuring devices shall be charged by the
Director of the Office of Licensing. All fees charged pursuant to
this section shall be paid into the City Treasury within 10 days from
the date of inspection.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Weights and measures and weighing and measuring devices.
|
Device
|
Fee
| |||
|---|---|---|---|---|
|
Scales:
| ||||
|
Up to and including 15 kilograms (33 pounds) capacity
| ||||
|
For each of the first 5 scales per establishment
|
$20
| |||
|
For each scale per establishment after the first 5
|
$10
| |||
|
Over 15 kilograms and including 300 kilograms (661 pounds) capacity
|
$40
| |||
|
Over 300 kilograms and including 1,500 kilograms (3,307 pounds)
capacity
|
$100
| |||
|
Over 1,500 kilograms and including 7,000 kilograms (15,432 pounds)
capacity
|
$140
| |||
|
Over 7,000 kilograms and including 23,000 kilograms (50,706
pounds) capacity
|
$160
| |||
|
Over 23,000 kilograms capacity
|
$200
| |||
|
Tank, batch and crane scales
|
$200
| |||
|
Weights - Field Standard (Class F):
| ||||
|
Up to and including 3 kilograms (7 pounds)
|
$8
| |||
|
Over 3 kilograms and including 30 kilograms (66 pounds)
|
$16
| |||
|
Over 30 kilograms and including 300 kilograms (661 pounds)
|
$32
| |||
|
Over 300 kilograms and including 1,200 kilograms (2,646 pounds)
|
$60
| |||
|
Linear field measures:
| ||||
|
Up to 1 meter (39 inches)
|
$4
| |||
|
Over 1 meter and including 16 meters (52 feet)
|
$8
| |||
|
Over 16 meters and including 31 meters (102 feet)
|
$12
| |||
|
Over 31 meters
|
$20
| |||
|
Fabric measuring devices
|
$20
| |||
|
Wire and cordage measuring devices
|
$40
| |||
|
Liquid measures and devices:
| ||||
|
Liquid measure 20 liters (5 gallons) or less
|
$8
| |||
|
Liquid pump (hand operated) 20 liters (5 gallons) or less
|
$20
| |||
|
Petroleum dispensing and measuring devices:
| ||||
|
Single dispensing pump
|
$20
| |||
|
Dual dispensing pump
|
$40
| |||
|
Blend dispensing pump
|
$40
| |||
|
Grease and oil pump
|
$8
| |||
|
Vehicles:
| ||||
|
Metering systems 300 liters per minute (79 gallons per minute)
or less
|
$100
| |||
|
Metering systems over 300 liters per minute
|
$120
| |||
|
Compartment calibration
| ||||
|
Up to and including 3,000 liters (793 gallons) capacity
|
$40
| |||
|
Over 3,000 liters and including 6,000 liters (1,585 gallons)
capacity
|
$80
| |||
|
Over 6,000 liters and including 12,000 liters (3,170 gallons)
capacity
|
$120
| |||
|
Over 12,000 liters capacity
|
$240
| |||
|
Stationary petroleum metering systems:
| ||||
|
Up to 400 liters per minute (106 gallons per minute)
|
$100
| |||
|
Over 400 liters per minute, including 2,000 liters per minute
(528 gallons per minute)
|
$120
| |||
|
Over 2,000 liters per minute and including 4,000 liters per
minute (1,057 gallons per minute)
|
$140
| |||
|
Over 4,000 liters per minute
|
$160
| |||
|
Linear measuring devices:
| ||||
|
Wire and cordage measuring devices
|
$40
| |||
