Ga. Comp. R. & Regs. R. 40-15-4-.06 - Sale from Bulk

(1) Sale of goods from bulk shall be deemed to take place when:

(a) the seller determines the quantity and the sale of goods are in excess of twenty dollars ($20), and;

(b) Any consumer or non-consumer commodity such as bulk fertilizer, heating oil, cord of wood, sold to a consumer-user, must be accompanied by a delivery ticket containing the following information:

1. name and address of the vendor and the purchaser;

2. the date weighed or measured if different from the date the commodity is delivered; otherwise, only the date delivered shall be shown;

3. the quantity delivered, and the net quantity upon which the price is based, if this differs from the quantity delivered. If the quantity of the commodity is represented in avoirdupois pounds, the net weight of the delivery and the gross weight and the tare weight from which the net weight was computed must be shown with the weight to the nearest 10 pounds, if in excess of 10,000 pounds;

4. the identity of the goods or commodities in the most descriptive terms commercially practicable, including quantity representation made in connection with the sale;

5. the tag number of the truck when a truck number is not identifiable with the vehicle;

6. the tare weight, the gross weight of the vehicle transporting the commodity, and the net weight of the delivery;

7. the net weight must be determined by the same weighmaster who determined the tare weight and the gross weight on the same scale of the same day, and;

8. the count of individually-wrapped packages, if more than one.

(2) Whenever a weights and measures official of the State of Georgia finds any bulk commodity ready for, or in the process of, delivery, he may direct the person in charge of delivery of the commodity to convey the commodity to the nearest state inspected and approved stationary scale within twenty-five miles for weighing the vehicle transporting the commodity. The weights and measures official shall thereupon determine the gross weight of the commodity and the transporting vehicle, and shall direct such person in charge to return to the same scale to determine the tare weight of the vehicle.

(a) No seller, driver, or person in charge of the vehicle containing such commodity, or from which such commodity has been unloaded, shall fail to take the vehicle, upon the direction of the weights and measures official to scales aforesaid or refuse to permit the commodity or the vehicle to be weighed by the weights and measures official.

Notes

Ga. Comp. R. & Regs. R. 40-15-4-.06

O.C.G.A. Sec. 10-2-10(Ga. L. 1972, p. 654).

Original Rule entitled "Sale from Bulk" was filed on March 1, 1984; effective March 21, 1984.