TITLE 41 WEIGHTS AND MEASURES CHAPTER 1 WEIGHTS AND MEASURES

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1 Ch. 1, Pg. 1 Title 41 - Weights and Measures (1/1/1997) TITLE 41 WEIGHTS AND MEASURES CHAPTER 1. WEIGHTS AND MEASURES CHAPTER 1 WEIGHTS AND MEASURES Section 100. Section 101. Section 102. Section 103. Section 104. Section 105. Section 106. Section 107. Section 108. Section 109. Section 110. Section 111. Section 112. Section 113. Section 114. Section 115. Section 116. Section 117. Section 118. Section 119. Section 120. Section 121. Section 122. Section 123. Section 124. Section 125. Section 126. Section 127. Section 128. Section 129. Section 130. Section 131. Section 132. Section 133. Section 134. Inspector. Meaning of Terms. Systems of Weights and Measures. Technical Requirements for Commercial Devices. Maintenance of City Standards of Weights and Measures. Powers and Duties of the Inspector. Citation Power. Injunction Application. Special Police Powers. Right of Hearing. Inspection of Packages. Sale by Net Weight. Misleading Packages. Misrepresentation of Pricing. Misrepresentation of Quantity. Information Required on Packages. Method of Sale of Commodities. Method of Sale of Meat, Poultry, Seafood and Cheese. Machine Vended Commodities. Measures for Garden and Orchard Products. Sale of Meat by Carcass, Side or Primal Cut. Bulk Commodities Sold in Terms of Weight or Cubic Measure and Delivered by Vehicle. Sale of Wood. Peddlers. Sale of Ice. Interstate or Intrastate Shipments. Misleading Advertisements Prohibited. Advertising Packages for Sale. Consumer Right to Check-Weigh. Vehicle Scales. Duties of Owners of Incorrect Devices. Coin-Operated Devices. Offenses and Penalties. Special Inspection Service. Presumptive Evidence.

2 Ch. 1, Pg. 2 Title 41 - Weights and Measures (1/1/1997) Section 135. Section 136. Section 137. Section 138. SECTION 100. Provisions Cumulative. Applicability to Department of Health Functions. Construction. Cooperation in Uniformity of Regulations. INSPECTOR Subject to the provisions of the Charter of the City of Tulsa, the Mayor shall designate an Inspector of Weights and Measures and such Deputy Inspectors as necessary. It shall be the duty of the Inspector to enforce all applicable state laws and City ordinances relating to weights and measures and to perform all other duties assigned by the Mayor. SECTION 101. MEANING OF TERMS For the purposes of this chapter, the following words and phrases shall have the meanings given herein. A. Bulk Sales shall mean the sale of commodities when the quantity is determined at time of sale. B. Commercial Weighing and Measuring Device shall mean any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, length or other measurements of things, produce, meats, articles or other commodities for distribution or consumption which are purchased, offered, exposed for sale, submitted for sale, hire, award or in computing any basic charge or payment for services rendered or payment for goods received on the basis of weight or measure, and shall include any accessory attached to or used in connection with a commercial weighing or measuring device where such accessory is so designed or installed that its operation affects or may affect the accuracy of the device. C. Commodity shall mean goods, things, articles, wares, merchandise, foodstuffs, chemicals, raw materials, products of the soil, produce, meat poultry and dairy products, petroleum products, scrap material or any other substance, either solid or liquid. D. Correct, as used in connection with weights and measures, shall mean conformance to all applicable technical requirements for accuracy. E. Check-Weigh shall mean verification of the quantity represented on a prepackaged commodity, upon the request of a customer and in his presence. F. Inspector shall mean the city official responsible for the supervision of weights and measures standards in this jurisdiction and assistant inspectors acting under his control and direction. G. Intrastate shall mean any and all commerce or trade that is begun, carried on and completed wholly within the limits of the state of Oklahoma, and the phrase introduced into intrastate commerce shall define the time and place at which the first sale and delivery of a commodity is made within the state, such delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

3 Ch. 1, Pg. 3 Title 41 - Weights and Measures (1/1/1997) H. Net Weight, as used in connection with any commodity, shall be that weight excluding all tare weight as herein defined. I. Package shall mean any commodity put up or packaged in any manner, in advance of sale, in units suitable for either wholesale or retail sale. J. Removal Order shall mean any order or written notice declaring that the device being used in violation of the provisions of this chapter shall be permanently removed from commerce. K. Stop-Use Order shall mean any order or written notice declaring that the use of a device is in violation of the provisions of this chapter, and the use of such device shall be stopped or discontinued. L. Stop-Removal Order shall mean any order or written notice declaring that the device being used in violation of the provisions of this chapter shall be removed from commerce for a reasonable temporary period of time. M. Stop-Sale Order shall mean any order or written notice declaring that the packaged commodities inspected do not contain the quantity or amount as represented on the package label. The Inspector can order a "Stop-Sale" on a lot or shipment if, after taking a reasonable sample, the sample falls below the standards established in the National Bureau of Standards Handbook 67, Checking Prepackaged Commodities. N. Sell shall include in any of its variant forms the word sell, barter, exchange, trade, keep for sale, offer for sale and expose for sale. O. Tare Weight shall mean any material or thing that is weighed with, but not an actual part of a commodity sold by weight; tare weight may include, in the case of a packaged commodity, a wrapper, container, packaging material, binding material, preservative, or the like, or, in the case of bulk commodity, a vehicle, box, crate, can, jar or the like. P. Weights and Measures shall mean all instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such devices; except that the term shall not include meters for the measurement of electricity, natural gas or water which are operated in a public utility system. The term shall not include metered pumps and units which measure and dispense gasoline or any other liquid petroleum product in a fluid state. Q. Person shall include both the singular and the plural, and shall include individuals, partnerships, agents, corporations, companies, societies, associations and their employees, proprietors and officers. SECTION 102. SYSTEMS OF WEIGHTS AND MEASURES 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 or both of these systems shall be used for commercial purposes in this jurisdiction. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the National Bureau of Standards and

4 Ch. 1, Pg. 4 Title 41 - Weights and Measures (1/1/1997) recognized by the state of Oklahoma, are recognized and shall govern weighing and measuring equipment and transactions in the City of Tulsa. SECTION 103. TECHNICAL REQUIREMENTS FOR COMMERCIAL DEVICES The specifications, tolerances and other technical requirements for commercial weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards, Handbook 44, and supplements thereto or revisions thereof, shall apply to commercial weighing and measuring devices in the City of Tulsa, except insofar as they are reasonably modified or rejected by the Inspector. SECTION 104. MAINTENANCE OF CITY STANDARDS OF WEIGHTS AND MEASURES Weights and measures, in conformity with the standards of the National Bureau of Standards, as have been obtained by the City for use as City standards, shall, when the same have been examined and approved by the inspector, be the official standards of weights and measures. The inspector may seek the inspection and approval of the Director of the Department of Agriculture of the state of Oklahoma, in the event he questions the accuracy of the standards obtained by the City. The City standards of weights and measures shall be kept in a safe and suitable place designated by the Inspector. The City standards shall be submitted at least once every three (3) years to the Director of the Department of Agriculture of the state of Oklahoma or to some testing laboratory recommended by the Director for certification of accuracy. SECTION 105. POWERS AND DUTIES OF THE INSPECTOR A. The inspector shall be empowered to inspect and test weights and measures kept, offered or exposed for sale. B. The inspector shall inspect, as many times he deems necessary to ascertain if they are accurate, all weights and measures commercially used, without prejudice to the type of equipment used, including but not limited to: 1. Their use in determining the weight, measure or count of commodities, things sold, offered or exposed for sale, on the basis of weight, measure or count; 2. Their use in computing the basic charge or payment for services rendered on the basis of weight, measure or count; 3. Their use in computing the payment for commodities purchased on the basis of weight, measure or count; and 4. Their use in spot-checking commodities prepackaged in mass production to insure that the commodities meet their declared weight, measure or count. C. The inspector shall keep a record of all weights and measures devices inspected by him, specifying the name of the person for whom the inspection was performed, his address and the date of the

5 Ch. 1, Pg. 5 Title 41 - Weights and Measures (1/1/1997) inspection. He shall keep a record of all complaints, specifying the name of the business charged, its address, the nature of the charge, the findings and any corrective action taken. He shall keep a record of all condemnations of weights and measures devices, specifying the business, its address, the device type, model and serial number, the date condemned, the date repaired and placed back into service and the date reinspected and sealed. D. The inspector shall place the City "Seal of Approval" upon correct devices in a conspicuous place, so as to be easily seen by the customer. The seal shall show the date of inspection and the signature or identification number of the inspector. E. Upon his discretion and with the express consent of the owner, the inspector may make any minor adjustments to devices, except electronic meat pricing scales and measure graphs, to bring such devices into conformance with the required standards; provided, however, that such adjustments shall not in any way damage the operating mechanisms of the devices. F. The inspector shall reinspect and seal previously condemned or rejected devices after they have been repaired and placed back into service. G. The inspector shall promulgate, adopt and issue reasonable regulations for the enforcement of this chapter, subject to the approval of the City Council. Such regulations shall be filed with the City Clerk. H. The inspector shall grant exemptions from the provisions of this chapter with respect to classes of weights and measures found to be of such character that an inspection is superfluous to maintaining continued good commercial practices. I. The inspector shall condemn or reject those commercially used weighing and measuring devices that do not conform to the technical requirements as established in the National Bureau of Standards, Handbook 44; provided, however, that he may allow weighing and measuring devices to be used when, in the course of commercial transactions, only the lower capacity range is used, even though the device may not meet the required standards at the higher capacity range, if he marks or places a sticker tag conspicuously on the device informing the customer of its restriction. J. The inspector shall conduct investigations as soon as possible on complaints made to him concerning violations of this chapter. He shall, upon his own initiative, conduct such investigations as he deems 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. K. The inspector shall conduct, as often as he deems necessary, the inspection of prepackaged commodities that are kept, offered or exposed for sale, to determine if the contents contain the amounts represented and that the tare weight has been taken. L. The inspector shall avoid conflict of interests. The inspector shall not sell nor enter into the business of repair, directly or indirectly, of any weighing or measuring device. He shall not solicit nor interfere in any transactions involving the sale of weighing and measuring devices between persons.

6 Ch. 1, Pg. 6 Title 41 - Weights and Measures (1/1/1997) M. The inspector shall advocate the establishment and the maintenance of good quality control programs with respect to prepacking procedures and quantity representation. N. The inspector shall promote the advantages of progressive weights and measures practices to deal with the current market trends and to achieve benefits to both the buyer and the seller. O. The inspector shall promptly assist any county, state or federal agency that requests weights and measures services. P. The inspector shall promptly provide information and services to any person requesting the same relative to the activities of the inspector and the enforcement of this chapter. Ord. No SECTION 106. CITATION POWER The inspector shall have such citation power authorized by Title 29, Tulsa Revised Ordinances, and granted to designated employees of the City of Tulsa. SECTION 107. INJUNCTION APPLICATION The inspector is authorized to apply to any court of competent jurisdiction for a temporary injunction restraining any person from violating any provision of this chapter. SECTION 108. SPECIAL POLICE POWERS A. With respect to the enforcement of this chapter and any other law dealing with weights and measures that he is or may be empowered to enforce, the inspector is hereby vested with the powers of a special enforcement officer as set forth in Title 29, Tulsa Revised Ordinances. Upon presentation of proper credentials, the inspector is authorized, at reasonable times during normal business hours of the person using the weights and measures, to enter into or upon any structure or premises where weights and measures are used or kept for commercial purposes for the purpose of performing any duty imposed upon him by this chapter. In the event he is denied access to any such premises or structure and has probable cause to believe that there have been violations of this chapter upon such premises or in such structure, he may apply for a search warrant from any magistrate or other person authorized by law to issue the same. If the magistrate or person authorized to issue a search warrant determines that there is probable cause that violations of this chapter have occurred, the search warrant shall recite that there is probable cause to believe such violations have occurred; and such recital shall authorize any authorized police or peace officer to seize any device, equipment, commodity, product, article, material or any other thing used or kept for commercial purposes, or in aid of commercial purposes, in violation of this chapter, all of which shall be admissible in evidence in any court having cognizance of offenses committed under this chapter. B. The inspector shall be empowered to issue "Stop-Use," "Stop-Removal" and "Removal" orders with respect to any weights and measures commercially used, and "Stop-Sale" orders with respect to any packaged commodities kept, offered or exposed for sale, if he deems it necessary or expedient to issue such orders to protect the public interest. It shall be a violation of this chapter for any person to refuse or fail to obey a "Stop-Use," "Stop-Removal," "Removal" or "Stop-Sale" order.

7 Ch. 1, Pg. 7 Title 41 - Weights and Measures (1/1/1997) SECTION 109. RIGHT OF HEARING If the inspector issues a "Stop-Use," "Stop-Removal," "Removal" or "Stop-Sale" order under the provisions of this chapter, the aggrieved party may file a petition with the City Clerk within ten (10) days from the date of such order, requesting a hearing before the Council to abrogate the order. The petition shall be in writing and shall clearly state the reasons why the petitioner believes the order should be abrogated. The Council shall fix a time for the hearing of the petition and shall notify the petitioner of the time, place and date of the hearing. At the time set for such hearing, the Council shall proceed to hear and determine the matter. SECTION 110. INSPECTION OF PACKAGES The inspector, from time to time, shall weigh or measure and inspect packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery, to determine whether such packages or amounts of commodities contain the amounts represented and whether they are kept, offered, exposed for sale or sold in accordance with the law; and when such packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, exposed for sale or sold in violation of the law, the inspector may order them off sale and may mark or stamp them in a manner as to show them to be illegal. In carrying out the provisions of this section, the inspector may employ recognized sampling procedures under which compliance of a given lot of packages shall be determined on the basis of the result obtained on a representative sample selected from such lot. The criteria used in sampling and determining whether packages conform to the law is set forth by the National Bureau Handbook 67, Checking Prepackaged Commodities, and supplements thereto. No person shall sell, keep, offer, or expose for sale any package or amount of commodity that has been ordered off sale as provided in this section, unless and until such package or amount of commodity has been brought into full compliance with the legal requirements; and no person shall in any manner dispose of any package or amount of commodity that has been ordered off sale and that has not been brought into compliance with the legal requirements, except with the specific approval of the Inspector. The inspector may allow reasonable variations from the declared net weight, measure or count when such variations are caused by unavoidable deviations in weighing, measuring or counting the contents of individual packages that occur in good packaging practices. Variations shall not be permitted to such extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity, that is kept, offered, exposed for sale or sold, is below the quantity stated; and no unreasonable shortage in any single package shall be permitted, even though overages in other packages in the same shipment, delivery or lot compensate for such shortage. Variations above the declared quantity shall not be unreasonably large. Variations from the declared weight or measure may be permitted when caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce; provided, however, that the phrase "introduced into intrastate commerce" as used in this section shall be construed to define the time and the place at which the first sale and delivery of a package is made within the City of Tulsa, the delivery being either directly to the purchaser or to his agent, or to a common carrier for shipment to the purchaser; and further provided that this provision shall be construed as requiring that, so long as a shipment, delivery or lot of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations shall not be permitted. The magnitude of

8 Ch. 1, Pg. 8 Title 41 - Weights and Measures (1/1/1997) variations permitted under this section shall, in the case of any shipment, delivery or lot, be determined by the facts in the individual case. SECTION 111. SALE BY NET WEIGHT The words "weight" or "amount" 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. SECTION 112. MISLEADING PACKAGES 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. This section shall not be construed to mean that packages which are filled by weight and whose contents settle between the time of filling and the time of purchase are in violation of this section. SECTION 113. MISREPRESENTATION OF PRICING No person shall misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight, measure or count, nor represent the price in any manner calculated or tending to mislead or in any way to deceive a person. SECTION 114. MISREPRESENTATION OF QUANTITY No person shall sell, offer or expose for sale less than the quantity he represents, nor take any more than the quantity he represents when, as buyer, he furnished the weight or measure by means of which the quantity is determined.

9 Ch. 1, Pg. 9 Title 41 - Weights and Measures (1/1/1997) SECTION 115. INFORMATION REQUIRED ON PACKAGES A. Except as otherwise provided in this chapter, any package kept for the purpose of sale, offered or exposed for sale, shall bear on the outside of the package a definite, plain and conspicuous declaration of: 1. The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container; 2. The quantity of contents in terms of net weight, measure or count; 3. The name and place of business of the manufacturer, packer or distributor in the case of any prepackaged commodity kept, offered, exposed for sale or sold in any place other than on the premises where packed; and 4. The price per pound, if customarily sold this way. B. There shall not be included as part of the declaration required under this section such qualifying terms as "when packed," "minimum," "not less than" or any other terms of similar import, nor any term qualifying a unit of weight, measure or count such as "jumbo," "giant," "full" and the like, that tends to exaggerate the amount of commodity in the package, unless expressly permitted by state or federal statutes. SECTION 116. METHOD OF SALE OF COMMODITIES Commodities in liquid form shall be sold only by liquid measure or by weight, and commodities in solid form shall be sold only by weight, measure or count; provided, however, that liquid commodities may be sold by weight and solid commodities may be sold by measure or count only when such methods give accurate information as to the quantity of the commodity being sold. The provisions of this section shall not apply to: A. Commodities when sold for immediate consumption on the premises where sold; B. Vegetables when sold by the head or bunch; C. Bakery products sold by the dozen; D. Commodities in package form or in containers standardized by state or federal law; E. Commodities in package form when there exists a general consumer usage to express the quantity in some other manner; F. Concrete aggregate and mixtures, loose solid materials (gravel, sand, soil and similar types) when sold by cubic measurement; G. Unprocessed vegetable and animal fertilizer when sold by cubic measurements; and H. Nuts in large multiple bag lots being sold by cleaners or shellers to processors for further processing or repacking; these may be sold on a gross weight basis, if expressly agreed upon by the buyer and seller.

10 Ch. 1, Pg. 10 Title 41 - Weights and Measures (1/1/1997) SECTION 117. METHOD OF SALE OF MEAT, POULTRY, SEAFOOD AND CHEESE All meat, meat products, poultry (whole or parts), seafood (except shellfish) and cheese offered for sale or sold as food, shall be offered for sale on the basis of weight. Meat, poultry, cheese or seafood combined with or associated with some other food element or elements to form either a distinctive food product or a food combination, shall be sold by weight and the quantity representation may be the total weight of the product or combination. This section shall not apply to prepared meat, poultry, cheese or seafood sold for immediate consumption on or off the premises where sold. SECTION 118. MACHINE VENDED COMMODITIES All vending machines dispensing packaged commodities shall indicate on the machine, unless easily read on the packaged commodity by the prospective buyer: the product identity; the net quantity of the commodity; and the name and address of the person who makes or prepares the commodity for consumption. SECTION 119. MEASURES FOR GARDEN AND ORCHARD PRODUCTS When fruits, berries, other products of like character or any garden products are sold, offered, or exposed for sale, either at wholesale or retail, on the public markets or anywhere in the City, in baskets, boxes, crates or other receptacles, they shall be sold, exposed or offered for sale in uniform size baskets, crates, boxes or other receptacles containing one (1) quart, one (1) pint or one-half (1/2) pint standard dry measure, or in multiples thereof, and in no other way; and such receptacles shall have the quantity or capacity of same stamped on the outside thereof and shall be evenly and uniformly filled throughout; provided, however, that these provisions shall not apply to fruit sold by the dozen or fractions thereof, or vegetables sold by the head or bunch; and provided further that such commodities may be sold in receptacles containing other quantities than the multiples above set out, if the receptacles have clearly and legally stamped in plain figures on the outside thereof the actual contents of same.

11 Ch. 1, Pg. 11 Title 41 - Weights and Measures (1/1/1997) SECTION 120. SALE OF MEAT BY CARCASS, SIDE OR PRIMAL CUT A. Any person who sells meat by carcass, side or primal cut, and cuts up the meat prior to delivery to the consumer, shall provide the consumer with an invoice at time of delivery, furnishing the following information: 1. The name and address of seller; 2. The date of sale; 3. The total net weight of carcass, side or primal cut; 4. The price per pound; 5. The total price of sale; 6. The total net weight of cut up and processed meat delivered; 7. The declaration of quality grade and yield grade, if the carcass has been graded by an authorized agency; if the carcass has not been graded, then the declaration "Not Quality and/or Yield Graded" must be made; and 8. An itemized list of any charges over and above the originally agreed upon sale price. B. The common or usual name of the cut of meat or processed meat shall appear on each package or container, unless complete visual determination can be made through transparent packaging material. C. The invoice required in Subsection A of this section shall not include the weight of any meat or other commodities received by the consumer as a bonus or gift in connection with the purchase of the carcass, side or primal cut. SECTION 121. BULK COMMODITIES SOLD IN TERMS OF WEIGHT OR CUBIC MEASURE AND DELIVERED BY VEHICLE When a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight or cubic units, the delivery shall be accompanied by a duplicate delivery ticket which shall be given to the purchaser upon delivery and which shall contain the following information clearly stated thereon: A. The name and address of the vendor; B. The name and address of the purchaser; C. A clear description of the material delivered; and D. The net weight or cubic measure of the delivery; and if the net weight of the delivery is derived from determinations of gross and tare weights, such gross and tare weight of the vehicle shall be stated.

12 Ch. 1, Pg. 12 Title 41 - Weights and Measures (1/1/1997) SECTION 122. SALE OF WOOD Firewood in any lengths, when sold or delivered in the City, shall be closely laid together for the purpose of measurement when the sale is by cord or rick. A cord of wood shall be construed to mean one hundred twenty-eight (128) cubic feet and a rick of wood shall be construed to mean sixty-four (64) cubic feet. Firewood may be sold by the piece, bundle or container, as expressly agreed upon by both the buyer and seller. When wood cuttings, wood blocks, kindling wood or similar types of wood are sold or delivered in the City, they shall be sold by either cubic measurement or weight, unless the buyer and seller expressly agree that some other method may be employed. No person shall sell or deliver wood as mentioned herein unless such person delivers to the buyer a delivery or sales ticket showing the amount of wood purported to be delivered, the name and address of the dealer, the name and address of the purchaser or consignee, the date of sale and delivery and the price agreed upon by the seller and the buyer. The ticket shall include a statement as to whether such wood is "dry" or "green" and the word "dry" shall be construed to mean seasoned wood. SECTION 123. PEDDLERS Any peddler who uses weighing or measuring devices in his business transactions must have such devices inspected, approved and sealed by the Inspector. If any peddler should be found selling his wares without the proper stamp of approval on his weighing or measuring devices, showing approval by the Inspector, he shall be guilty of a violation of this chapter. SECTION 124. SALE OF ICE When block ice is sold from a self-service, automatic vending device, the owner of such device shall cause to be posted or displayed on the outside housing of the vending device a plain and conspicuous declaration of the weight and price of the block of ice to be dispensed. Crushed ice or ice cubes packed or sold in bags or other containers shall have printed or stamped on the bag or container a declaration of the net weight contained. When the same is sold from a self-service, automatic vending device, there shall be posted, or displayed on the outside of the vending device, a plain and conspicuous declaration of the net weight and price of each bag or container of crushed ice or ice cubes to be dispensed. SECTION 125. INTERSTATE OR INTRASTATE SHIPMENTS The inspector is hereby authorized to inspect scales used for the calculation and determination of fees or charges for the transportation of bulk materials, packages, goods or commodities in interstate or intrastate shipments by rail, motor vehicles, motor transport, parcel services or airlines. SECTION 126. MISLEADING ADVERTISEMENTS PROHIBITED This section pertains to only those areas that come under the jurisdiction of weights and measures supervision. A. No person shall advertise or cause to be advertised in any newspaper or other publication, radio or television, any advertising device, or by any other manner or means whatever, any assertion, representation or statement of fact concerning commodities, or services for hire or concerning any circumstances or matter of fact

13 Ch. 1, Pg. 13 Title 41 - Weights and Measures (1/1/1997) connected with the performance thereof which is untrue or misleading. Such advertising shall be construed to be prima facie evidence of a violation of this chapter. B. No person shall, by means of exaggerated variations in the comparative size, location or position of letters, figures or other markings or characters on any price tag, sign, poster, notice, display or advertisement or other public representation of any nature whatsoever, mislead or deceive, or attempt to mislead or deceive the public, as to the true nature, price, quantity, quality, brand or character of any commodity or services. C. No person shall advertise commodities for sale with the word "wholesale" when the same commodities are available for sale by that same person to the general public at the same price. D. No person shall advertise commodities for sale with the intent not to supply a reasonable, expected demand by the public, unless the advertisement conspicuously states that there is a limited quantity and numerically states the limited quantity. E. No person shall fail to correct advertising errors brought to his attention either by the inspector, the Health Department Director or his authorized representative, or a customer. The advertising error shall be corrected by a retraction of equal magnitude and by placing a conspicuous sign, next to or as near as possible to the commodity advertised in error, alerting the prospective buyer to the error. Failure to comply with this subsection shall constitute a violation of this chapter and shall result in notification of the Federal Trade Commission of the incident. F. This section does not apply to any publisher of a newspaper, magazine or other publication, nor to the owner or operator of a radio or television station, nor any other owner or operator of a medium primarily devoted to advertising, who publishes, broadcasts or otherwise disseminates an advertisement in good faith, without knowledge of its false, deceptive or misleading character. SECTION 127. ADVERTISING PACKAGES FOR SALE Whenever any person advertises a commodity in package form in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package itself; provided that where the law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure (the declaration that is required to appear first without parentheses on the package) need appear in the advertisement. SECTION 128. CONSUMER RIGHT TO CHECK-WEIGH When a retail vendor offers for sale the major portion of his meats and meat products, poultry (whole and parts), seafood, cheese and fresh produce as prepackaged items as the basis from which the customer's selection for purchases is made: A. Upon request by the customer, the vendor shall weigh the selected item in the presence of the customer if the customer doubts the quantity or amount as represented; and

14 Ch. 1, Pg. 14 Title 41 - Weights and Measures (1/1/1997) B. The vendor shall provide, upon request by a customer, a conversion chart of the decimal system to avoirdupois system to enable the customer to compare weight values with which he or she is familiar. SECTION 129. VEHICLE SCALES A. Any person owning or operating public or non-public vehicle scales which are involved in commercial transactions, either directly or indirectly, shall once each year furnish to the City Office of Weights and Measures proof that his vehicle scale has been certified to be correct, either by the State of Oklahoma Weights and Measures Department or by a state licensed scale agency. B. A "public" vehicle scale shall mean any scale upon which any vehicle is weighed if: 1. The weighing is in any way intended, either directly or indirectly, to determine the weight or measure of commodities which will be offered for sale or have been sold, bought, awarded or hired; 2. The weighing is in any way intended to compute any charge or payment for services rendered on the basis of weight or measure; 3. Such scale is represented to render accurate weighings; 4. Certificates are provided setting forth the weights as a result of such weighing; or 5. Charges are made either directly or indirectly, to those who use the scale. C. A "non-public" vehicle scale shall mean any vehicle scale used exclusively by the owner or operator to make weight determinations for commercial transactions of commodities to be sold or purchased, and such determinations are the basis for charges or payments. SECTION 130. DUTIES OF OWNERS OF INCORRECT DEVICES Commercial weighing and measuring devices that have been rejected or condemned under the authority of the City inspector shall remain subject to the control of the inspector until such time as suitable repair or disposition has been made as required by this section. The owners of such rejected or condemned devices shall cause the same to be made correct within ten (10) days or such longer time as may be authorized by the inspector; or, in lieu thereof, the owner may dispose of the devices, but only in such manner as is specified by the inspector. Weighing and Measuring devices that have been rejected or condemned shall not again be used commercially until they have been certified repaired by a state licensed repair agency and have been officially reexamined and found to be correct, or until specific written permission for such use is issued by the inspector. SECTION 131. COIN-OPERATED DEVICES herein. A. For the purpose of this section, the following words and phrases shall have the meanings given

15 Ch. 1, Pg. 15 Title 41 - Weights and Measures (1/1/1997) 1. Coin-operated device shall mean any device that will accept a coin or paper money in exchange for any commodity, thing or service. 2. Coin-operated timing device shall mean any device that measures the time during which a particular service duly purchased is provided. 3. Operator shall mean any person, firm, company, association or corporation that exhibits, displays or permits to be exhibited or displayed at his or its place of business or upon premises under his or its control within the City, any "coin-operated device" for customer use. 4. Owner shall mean any person, firm, company, association or corporation owning or having the care, control or management of any "coin-operated device" in the City. 5. Unattached coin-operated device shall mean any such device in a location where there is no person readily available who is authorized to make rebates to users when such device malfunctions. B. No owner shall display or permit to be displayed in the City any coin-operated device unless such device is of such materials, design and construction as to make it reasonably certain under normal operating conditions that accuracy will be maintained as to quantity dispensed or interval of service provided, operating parts will continue to function as intended, and any adjustments required will remain reasonably permanent. C. The owner of a coin-operated device displayed in the City for customer use shall continuously maintain such device in proper operating condition. D. The owner of a coin-operated device displayed in the City for customer use which may fail to operate properly, except when special precautions are observed, shall prominently and conspicuously mark such device with suitable operating instructions that include such precautions. E. The owner or operator shall prominently display, at all locations within the City where unattended coin-operated devices are displayed for customer use, complete instructions for reporting the failure of any such device to function properly. Such instructions shall include the name and either the address or telephone number of the owner or operator responsible for operation. It shall be the duty of the owner or operator of such devices to rebate all money paid for commodities or services not received; provided, however, that the owner or operator may elect to check the device before making any rebate so long as the device is checked promptly so that a rebate to which a customer is entitled will be made within ten (10) days from the date he applies for it. F. At the location of any coin-operated timing device displayed in the City for customer use where time is a critical factor in the use of the service provided, the owner or operator shall clearly, prominently and conspicuously display the price in terms of money per unit or units of time for the service provided. G. It shall be unlawful for any person to deface, destroy, or remove any signs placed pursuant to the requirements of this section by the owner or operator at the location where unattended coin-operated devices are displayed for customer use in the City. H. The following coin-operated devices shall be exempted from the terms of this section:

16 Ch. 1, Pg. 16 Title 41 - Weights and Measures (1/1/1997) 1. All music and skill or pleasure coin-operated machines; 2. All game type coin-operated devices, including, but not limited to pinball machines, marble boards, miniature race track, football, golf and bowling machines and all juke boxes; 3. All coin-operated devices owned by a federal, state or local governmental agency; and 4. All coin-operated devices owned by a public utility operating under a franchise granted by the City or other public body. SECTION 132. OFFENSES AND PENALTIES A. No person, by himself, by his employee or agent, or when serving as an agent for another person, shall: 1. Use or have in his possession, for the purpose of selling or leasing for use in commercial transactions, any weighing or measuring device which calculates false weight, measure or count; 2. Use or have in his possession for current use any commercially used weighing and measuring devices that have not been inspected and approved by the inspector; 3. Dispose of any rejected or condemned weights and measures in a manner contrary to the provisions of this chapter; 4. Deface or remove from any weight or measure, contrary to law, any tag, seal or mark placed thereon by the inspector; 5. Sell, offer or expose for sale less than the quantity or amount any person represents of any commodity, thing or service; 6. Take more than the quantity or amount a person represents of any commodity, thing or service when, as a buyer, a person furnishes the weighing or measuring device by means of which the quantity or amount of the commodity, thing or service is determined and payment is calculated based on that determination; 7. Advertise, offer or expose for sale, keep for the purpose of sale, or sell any commodity, thing or service in a condition or manner contrary to law; 8. Make false statement to the inspector with regard to the number of such commercially used weighing and measuring devices kept in his establishment or place of business or their intended use, or endeavor to hide away the same to avoid inspection; 9. Use any weighing and measuring devices commercially used after such devices have been condemned or rejected by the inspector;

17 Ch. 1, Pg. 17 Title 41 - Weights and Measures (1/1/1997) 10. Falsify a weight certificate when issued by a public vehicle scales owner or any of his employees, either by the scale operator, owner or by the recipient of the certificate; 11. Use in retail trade, except in the preparation of packages put up in advance of sale and in preparation of medical prescriptions, a weighing or measuring device that is not so positioned that its indications may be easily read by the customer; 12. Hinder or obstruct in any way the performance of the inspector's duties prescribed in this chapter; 13. Impersonate the inspector in any manner whatsoever; 14. Attempt, directly or indirectly, to bribe or cause the inspector not to reject or condemn weighing or measuring devices that do not correctly weigh, measure or count; or not to issue Stop-Use, Stop- Removal, Removal or Stop-Sale orders; or 15. Violate any provision of this chapter. B. Unless otherwise provided herein, every person violating any of the provisions of this chapter shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than THREE HUNDRED DOLLARS ($300.00), excluding costs, and/or by imprisonment in the City Jail for a period of not more than ninety (90) days. Each day such violation is committed or permitted to continue shall constitute a separate offense. The violation of each provision and each separate violation shall be deemed a separate offense.

18 Ch. 1, Pg. 18 Title 41 - Weights and Measures (1/1/1997) SECTION 133. SPECIAL INSPECTION SERVICE The term "special inspection service" shall denote any inspection service made by request of the owner or operator that does not come under the supervision of the inspector performing his duties as outlined by this chapter. The owner or operator shall pay for such special inspection service a fee of Ten Dollars ($10.00) per hour, plus travel cost of twenty cents ($.20) per mile, or a fraction thereof, for each weighing device and measuring device. Ord. No SECTION 134. PRESUMPTIVE EVIDENCE For the purpose of this chapter, proof of the existence of a weighing or measuring device in or about any premises, building, enclosure, stand or vehicle in which or from which it is shown that 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 weighing or measuring device for commercial purposes and of such use by the person in charge of such premises or vehicle. SECTION 135. PROVISIONS CUMULATIVE The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law. SECTION 136. APPLICABILITY TO DEPARTMENT OF HEALTH FUNCTIONS Nothing herein shall be construed to limit or otherwise alter the functions, duties and powers of the City-County Health Department relative to the administration and the regulation of health matters essential to the public health, welfare and safety. In all cases where the inspector determines that a commodity has been mislabeled hereunder, the inspector shall send a copy of his report to the Health Department as to health matters, and shall provide any other assistance that the Health Department may request regarding weights and measures. SECTION 137. CONSTRUCTION The operation and effect of any provision of this chapter conferring a general power shall not be impaired or qualified by the granting of a specific power or powers, and to that end each provision shall be construed liberally.

19 Ch. 1, Pg. 19 Title 41 - Weights and Measures (1/1/1997) SECTION 138. COOPERATION IN UNIFORMITY OF REGULATIONS The inspector shall cooperate with any county, state, federal or other agency with similar statutory functions for the purpose of carrying out the provisions of this chapter and, to the extent that it is reasonably possible, to establish uniformity with federal, state or county enactments or regulations consistent with this chapter. Ord. No