SECTION .0400 ‑ METHOD OF SALE OF COMMODITIES

02 NCAC 38 .0401             ADOPTION BY REFERENCE

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

(1)           The preferred method for measuring fireplace and stove wood is by the cord or fractional parts of a cord. However, nothing in Section 2.4, "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.

(2)           Section 2.20, "Gasoline-Oxygenate Blends" is deleted.

(3)           Section 2.19. shall apply only to kerosene sold in a container or kerosene sold through a retail device. In addition, a container or a device shall 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".

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

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

(6)           Any variety of potatoes, defined as edible tubers in Section 2.3.2 of the NCWM Policy Interpretations and Guidelines section may also be sold by count providing they meet corresponding standard of "US Grade No. 1" as found in the most current version of the United States Department of Agriculture (USDA) "United States Standards for Sweet Potatoes" or the USDA "United States Standards for Potatoes," as appropriate. Any commercial shipping boxes or other containers, shipping documents and invoices shall be marked as "US Grade No. 1" potatoes.

Copies of NIST 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 for free at http://www.nist.gov/pml/wmd/pubs/index.cfm. Copies of the "United States Standards for Sweet Potatoes" and "United States Standards for Potatoes" are available for free at http://www.ams.usda.gov/grades-standards/vegetables.

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

Eff. May 1, 1983;

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

Readopted Eff. March 1, 2017;

Amended Eff. July 1, 2019.