02 NCAC 38 .0401. ADOPTION BY REFERENCE

The Board hereby adopts by reference including subsequent amendments and editions the National Institute of Standards and Technology, Handbook 130, "Method of Sale of Commodities Regulation" with the following additions and exceptions:

(1)           Delete Section 1.2., "Bread", since this is addressed in G.S. 81A‑41.

(2)           The preferred method for measuring fireplace and stove wood is by the cord or fractional parts of a cord, however, nothing in Section 2.3., "Fireplace and Stove Wood", shall be construed as preventing the purchaser and seller of fireplace or stove wood from agreeing on a quantity other than a cord or fractional parts of a cord.

(3)           Sections 2.20., 4., and 5. are deleted.

(4)           Section 2.19. applies only to kerosene sold in a container or kerosene sold through a retail device.  In addition, a container or a device shall clearly and conspicuously indicate for 1‑K kerosene "SUITABLE FOR USE IN UNVENTED HEATERS" and for 2‑K kerosene "MAY NOT BE SUITABLE FOR USE IN UNVENTED HEATERS".

(5)           In Section 2.21., the temperature compensation requirements are not mandatory.  However, if a company elects to sell liquefied petroleum gas on a temperature compensated basis, then all meters in the truck fleet must be equipped with an activated automatic temperature compensator which will remain in continuous operation for a period of not less than one year.

(6)           The price for propane dispensed into containers of less than 240 pounds water capacity may be on a minimum price basis provided the seller clearly and conspicuously displays the minimum price at the point of container fill and point of sale.  This Rule does not apply to propane container exchange sales where an empty or partially empty container is exchanged for a full one.

Copies of National Institute of Standards and Technology, Handbook 130, "Method of Sale of Commodities Regulation" are available for inspection in the Office of the Director of the Standards Division and may be obtained at a cost of thirteen dollars ($13.00) from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

 

History Note:        Authority G.S. 81A‑4; 150B‑21.6;

Eff. May 1, 1983;

Amended Eff. June 1, 1994; January 1, 1990; December 1, 1988; June 1, 1988.