For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

WEIGHTS, MEASURES, AND MILLERS' TOLLS

KRS tit. XXIX, ch. 363
in effect

KRS 363.010 Repealed, 1950

363.010. Repealed, 1950 Catchline at repeal: Federal Standards of weight and measure adopted. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4815.

KRS 363.020 Repealed, 1950

363.020. Repealed, 1950 Catchline at repeal: Duplicates of standards may be furnished counties. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4816.

KRS 363.030 Repealed, 1970

363.030. Repealed, 1970 Catchline at repeal: Hundredweight; ton. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4820.

KRS 363.040 Repealed, 1970

363.040. Repealed, 1970 Catchline at repeal: Bushel, what weight constitutes. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4821.

KRS 363.050 Repealed, 1970

363.050. Repealed, 1970 Catchline at repeal: Irish potatoes, pounds to barrel. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4822.

KRS 363.060 Repealed, 1970

363.060. Repealed, 1970 Catchline at repeal: Wheat, procedure and apparatus to be used for determining test weight per bushel. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1948 Ky. Acts ch. 74, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4819a-1.

KRS 363.070 Repealed, 1970

363.070. Repealed, 1970 Catchline at repeal: Wheat flour, standard measures of; labeling of packages; exceptions. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1950 Ky. Acts ch. 176, sec. 9. -- Amended 1944 Ky. Acts ch. 158, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4819a-2 to 4819a-5.

KRS 363.080 Repealed, 1970

363.080. Repealed, 1970 Catchline at repeal: Corn meal, grits, hominy and corn flour, standard weight and measures of; labeling of packages. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4823b-1, 4823b-2.

KRS 363.090 Repealed, 1970

363.090. Repealed, 1970 Catchline at repeal: Coal, unscreened not to be sold for screened. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4823.

KRS 363.100 Repealed, 1970

363.100. Repealed, 1970 Catchline at repeal: Millers, regulations and tolls. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2721.

KRS 363.110 Repealed, 1950

363.110. Repealed, 1950 Catchline at repeal: Definition of terms used in KRS 363.120 to 363.140. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1942 Ky. Acts ch. 103, sec. 1.

KRS 363.120 Repealed, 1950

363.120. Repealed, 1950 Catchline at repeal: Tolerances allowed on pumps dispensing gasoline or kerosene. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1942 Ky. Acts ch. 103, sec. 2.

KRS 363.130 Repealed, 1950

363.130. Repealed, 1950 Catchline at repeal: Testing and sealing of pumps and measuring devices used in dispensing gasoline, kerosene and lubricating oils; adjustments. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1942 Ky. Acts ch. 103, sec. 3.

KRS 363.140 Repealed, 1950

363.140. Repealed, 1950 Catchline at repeal: Powers of cities not affected. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1942 Ky. Acts ch. 103, sec. 4.

KRS 363.150 Repealed, 1950

363.150. Repealed, 1950 Catchline at repeal: Periodic inspection of weighing and measuring devices at stockyards, tobacco warehouses and grain warehouses; notice of inaccuracy; correction of defects. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1944 Ky. Acts ch. 130, sec. 1.

KRS 363.160 Repealed, 1950

363.160. Repealed, 1950 Catchline at repeal: Department of Agriculture to assign inspectors for duties under KRS 363.150. History: Repealed 1950 Ky. Acts ch. 9, sec. 16. -- Created 1944 Ky. Acts ch. 130, sec. 2.

KRS 363.170 Repealed, 1970

363.170. Repealed, 1970 Catchline at repeal: Definitions for KRS 363.180 to 363.290. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 1.

KRS 363.175 Repealed, 1970

363.175. Repealed, 1970 Catchline at repeal: "Commodities" defined. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1956 Ky. Acts ch. 124, sec. 1, effective May 18, 1956.

KRS 363.180 Repealed, 1970

363.180. Repealed, 1970 Catchline at repeal: Enforcement; Division of Weights and Measures. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 2.

KRS 363.190 Repealed, 1970

363.190. Repealed, 1970 Catchline at repeal: State standards of weights and measures. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 3.

KRS 363.200 Repealed, 1970

363.200. Repealed, 1970 Catchline at repeal: Office standards and working standards. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 4.

KRS 363.210 Repealed, 1970

363.210. Repealed, 1970 Catchline at repeal: Custody of state standards; periodic certification; records. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 5.

KRS 363.220 Repealed, 1970

363.220. Repealed, 1970 Catchline at repeal: Regulations; specifications, tolerances and variances. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 6.

KRS 363.230 Repealed, 1970

363.230. Repealed, 1970 Catchline at repeal: City sealers; city working standards; supervision by Department of Agriculture. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 7.

KRS 363.240 Repealed, 1970

363.240. Repealed, 1970 Catchline at repeal: Powers of department. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1966 Ky. Acts ch. 144, sec. 1. -- Amended 1956 Ky. Acts ch. 124, sec. 2. -- Created 1950 Ky. Acts ch. 9, sec. 8.

KRS 363.250 Repealed, 1970

363.250. Repealed, 1970 Catchline at repeal: Sealing of correct devices; condemnation for repair or destruction of others. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 9.

KRS 363.260 Repealed, 1970

363.260. Repealed, 1970 Catchline at repeal: Arrests and seizures. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 10.

KRS 363.270 Repealed, 1970

363.270. Repealed, 1970 Catchline at repeal: Weight tickets for coal, coke or charcoal. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 11.

KRS 363.280 Repealed, 1970

363.280. Repealed, 1970 Catchline at repeal: Prohibited practices. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1960 Ky. Acts ch. 161, sec. 1, effective June 16, 1960. -- Created 1950 Ky. Acts ch. 9, sec. 12.

KRS 363.285 Repealed, 1970

363.285. Repealed, 1970 Catchline at repeal: Manner of selling commodity. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1960 Ky. Acts ch. 161, sec. 2, effective June 16, 1960. -- Created 1956 Ky. Acts ch. 124, secs. 3, 4, and 5.

KRS 363.290 Repealed, 1970

363.290. Repealed, 1970 Catchline at repeal: City ordinances. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 9, sec. 14.

KRS 363.300 Repealed, 1970

363.300. Repealed, 1970 Catchline at repeal: Commodity price requirements. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1950 Ky. Acts ch. 161, sec. 3, effective June 16, 1960.

KRS 363.310 Repealed, 1970

363.310. Repealed, 1970 Catchline at repeal: Commodity weight requirements; variations. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1960 Ky. Acts ch. 161, sec. 4, effective June 16, 1960.

KRS 363.320 Repealed, 1970

363.320. Repealed, 1970 Catchline at repeal: Exemption of prescribed drugs from provision of chapter. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Created 1960 Ky. Acts ch. 161, sec. 5, effective June 16, 1960.

KRS 363.330 Registration requirement for commercial weighing and measuring device repairmen and service agencies -- Administrative hearing -- Administrative regulations

363.330. Registration requirement for commercial weighing and measuring device repairmen and service agencies -- Administrative hearing -- Administrative regulations (1) As used in this section, unless the context requires otherwise: (a) "Commercial weighing and measuring device" means any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basis of weight or measure, and also includes any accessory attached to or used in connection with a commercial weighing or measuring device when the accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device; (b) "Director" means the director of the Division of Regulation and Inspection; (c) "Registered serviceman" means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who registers with the director; and (d) "Registered service agency" means any agency, firm, company, or corporation which for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and which registers with the director. Under agency registration, identification of individual servicemen shall be required. (2) The director shall require the registration of an individual or agency and shall require the individual or agency to provide acceptable evidence that he or it is fully qualified to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, and administrative regulations; and has possession of, or available for use, weights and measures standards and testing equipment appropriate in design and adequate in amount. An employee of government shall not be eligible for registration. (3) The director may enter into an informal reciprocal agreement with any other state that has similar registration policies. Under a reciprocal agreement, registered servicemen and registered service agencies of the states party to the reciprocal agreement shall be granted full reciprocal authority, including reciprocal recognition of certification of standards and testing equipment, in all states party to the agreement. (4) There shall be an annual fee of twenty dollars ($20) per registered serviceman and fifty dollars ($50) per registered service agency to be applied toward the costs of administering the plan. The fee shall be paid to the director at the time application for registration is made, and annually, during the month of January, thereafter. (5) An individual or agency shall apply for registration to service weighing devices or measuring devices on an application form supplied by the director. The form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered; has in possession, or available for use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, and administrative regulations. An applicant also shall submit appropriate evidence or references as to qualifications. The director may require competency testing of service individuals as the director deems necessary. (6) Upon receipt and acceptance of a properly executed application form, and with proof of competency, the director shall issue to the applicant a "certificate of registration," including an assigned registration number, which shall remain effective until either returned by the applicant or withdrawn by the director. (7) Only a bearer of a certificate of registration shall have the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the director; place in service, until an official examination can be made, a weighing or measuring device that has been officially rejected; or place in service, until an official examination can be made, a new or used weighing or measuring device. (8) The director shall furnish each registered serviceman and registered service agency with a supply of report forms to be known as "Placed in Service Reports." This form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a registered serviceman or by a serviceman representing a registered agency for each rejected device restored to service and for each newly installed device placed in service. Within twenty-four (24) hours after a device is restored to service, or placed in service, the original of the properly executed "Placed in Service Report," together with any official rejection tag removed from the device, shall be mailed to the director at Frankfort, Kentucky. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered serviceman or agency. (9) A registered serviceman and a registered service agency shall submit, at least biennially to the director, for his examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. A registered serviceman or agency shall not use in servicing commercial weighing or measuring devices any standards of testing equipment that have not been certified by the director. (10) The director may, for good cause, after careful investigation and consideration, and after the registrant has been afforded the opportunity for an administrative hearing conducted in accordance with KRS Chapter 13B, suspend or revoke a "certificate of registration." (11) The director shall publish from time to time as he deems appropriate, and may supply upon request, lists of registered servicemen and registered service agencies. (12) The director may promulgate administrative regulations to carry out the provisions of this section. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 34, sec. 1, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 49, sec. 21, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 318, sec. 345, effective July 15, 1996 -- Amended 1990 Ky. Acts ch. 93, sec. 1, effective July 13, 1990. -- Created 1970 Ky. Acts ch. 25, sec. 1.

KRS 363.410 Department's powers and duties with respect to grain moisture testing

363.410. Department's powers and duties with respect to grain moisture testing The Kentucky Department of Agriculture shall make or cause to be made all inspections and shall have authority to establish tolerances and specifications for grain moisture measuring devices, similar to the tolerances and specifications recommended or used by the grain branch of the United States Department of Agriculture, which shall have for their object the establishment of more accurate grain, small grain, corn and soybeans moisture measuring in the Commonwealth of Kentucky. History: Created 1970 Ky. Acts ch. 30, sec. 1.

KRS 363.420 Inspectors

363.420. Inspectors The inspectors of the Kentucky Department of Agriculture shall have the power and it shall be their duty to inspect, make comparative tests of, and ascertain if correct, every grain moisture measuring device used or employed in this state by any proprietor, agent or lessee or employee in proving or ascertaining the moisture of agricultural commodities offered for sale, sold, purchased or in the process of being purchased. Such inspector shall use as a standard for making such comparative test a grain moisture measuring device meeting the tolerances and specifications established pursuant to the provisions of KRS 363.410. History: Created 1970 Ky. Acts ch. 30, sec. 2.

KRS 363.430 Sealing or marking testing devices

363.430. Sealing or marking testing devices Whenever the inspector for the Kentucky Department of Agriculture compares grain moisture tests of the device being tested with the standard grain moisture measuring device and finds that they correspond or causes them to correspond with the standard he shall seal or mark such grain moisture measuring testing device with appropriate seals or marks. Any such grain moisture measuring testing device which upon such inspection shall be found to be defective and which defect cannot be immediately corrected shall be sealed or marked with an appropriate seal indicating such device to be defective and the owner or user of such device shall be notified of such defective condition on an appropriate inspection form on the date of such inspection. History: Created 1970 Ky. Acts ch. 30, sec. 3.

KRS 363.440 Dealer's duties and liabilities

363.440. Dealer's duties and liabilities Any person, firm, or corporation engaged in the business of grain buying, custom grain storage and/or grain banking, resale of grain, and grain used for feed manufacturing and who purchases or makes sales based on moisture content must show moisture contents of these commodities as determined on an approved moisture measuring testing device. In the case of grain storage and/or grain banking, moisture content must be determined both when the grain is put in storage and when it is taken out and the same discount schedule used when grain is put into storage must be used when grain is taken out. When small grain, corn and soybeans is bought and the seller is discounted according to the moisture content, this moisture content must be determined by a moisture measuring device approved by the Department of Agriculture. Any person who, by himself or by his agent or as agent of another person, uses in determining moisture content any grain moisture measuring device which has not been tested and approved for use by the Kentucky Department of Agriculture shall be guilty of a misdemeanor; except that the use of a newly purchased grain moisture measuring device prior to regular inspection and approval shall not be considered a misdemeanor if the user of such device has given notice to the Kentucky Department of Agriculture of the purchase and intended use of such new device. Such notice shall be given by either certified or registered mail not later than ten (10) days prior to the date of such intended use. In an emergency situation, a person may substitute an untested moisture measuring device in place of an approved device for a period of not more than twenty-four (24) hours before notifying the department of its emergency use and making arrangements for its inspection. History: Created 1970 Ky. Acts ch. 30, sec. 4.

KRS 363.510 Definitions for KRS 363.510 to 363.850

363.510. Definitions for KRS 363.510 to 363.850 As used in KRS 363.510 to 363.850: (1) "Department" means the Kentucky Department of Agriculture; (2) "Commissioner" means the Commissioner of Agriculture; (3) "Division" means the Division of Regulation and Inspection; (4) (a) "Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any of the instruments and devices. (b) The term shall include instruments and devices used to measure internal moisture or density levels in unprocessed bulk tobacco if that moisture or density determination is used as a condition of sale or as part of a contractual sales agreement. (c) The term shall not include meters for the measurement of electricity, gas (natural or manufactured), or water when they are operated in a public utility system. Electricity, gas, and water meters are specifically excluded from the purview of KRS 363.510 to 363.850, and none of the provisions of KRS 363.510 to 363.850 shall apply to those meters or to any appliances or accessories associated with those meters. However, this paragraph shall not be construed to prohibit the department from regulating or inspecting electric vehicle charging stations or any associated electric meters under KRS 363.785 or the administrative regulations promulgated under KRS 363.785; (5) "Sell" and "sale" mean barter and exchange; (6) "Director" means the state director of the Division of Regulation and Inspection; (7) "Inspector" means a state inspector of weights and measures; (8) "Intrastate commerce" means all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Kentucky, and the phrase "introduced into intrastate commerce" defines the time and place at which the first sale and delivery of a commodity is made within the state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser; (9) "Commodity in package form" mean s a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container enclosing packages that individually conform to the requirements of KRS 363.510 to 363.85 0. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be considered a commodity in package form; (10) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions; (11) "Nonconsumer package" or "package of nonconsumer commodity" means any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only; (12) (a) "Barrel," when used in connection with fermented liquor, means a unit of thirty-one (31) gallons. (b) "Ton" means a unit of two thousand (2,000) pounds avoirdupois weight. (c) "Cord," when used in connection with wood intended for fuel purposes, means the amount of wood that is contained in a space of one hundred twenty- eight (128) cubic feet when the wood is ranked and well stowed; (13) "Weight," as used in connection with any commodity, means net weight. If any commodity is sold on the basis of weight, the net weight of the commodity shall be used, and all contracts concerning commodities shall use net weight as their basis of weight; (14) "Electric vehicle" has the same meaning as in KRS 186.010; (15) "Electric vehicle charging port" means the system at an electric vehicle charging station that can provide power to charge only one (1) electric vehicle at a time, even though it may have multiple connectors; (16) "Electric vehicle charging station" means any place with electric vehicle supply equipment that has an electrical power charging capacity of twenty (20) kilowatts or more and that: (a) Is accessible to general public vehicular traffic; and (b) Sells electricity at retail to charge a battery or other storage device of an electric vehicle; (17) "Electric vehicle power dealer" means a person who owns or leases an electric vehicle charging station; and (18) "Electric vehicle supply equipment" means any device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred via physical or wireless connection, by loading a fully charged battery, or by other means. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 161, sec. 94, effective July 15, 2026. -- Amended 2014 Ky. Acts ch. 92, sec. 303, effective January 1, 2015. -- Amended 2011 Ky. Acts ch. 18, sec. 2, effective June 8, 2011. -- Amended 2002 Ky. Acts ch. 49, sec. 22, effective July 15, 2002. -- Created 1970 Ky. Acts ch. 264, secs. 1, 3, and 27. Legislative Research Commission Note (6/8/2011). During codification, the Reviser of Statutes has altered the internal numbering of subsection (4) of this section from the way it appeared in 2011 Ky. Acts ch. 18, sec. 2.

KRS 363.520 Recognition of customary and metric systems of weights and measures

363.520. Recognition of customary and metric 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 one (1) or both of these systems shall be used for all commercial purposes in the State of Kentucky. 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 Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 34, sec. 2, effective July 15, 2008. -- Created 1970 Ky. Acts ch. 264, sec. 2.

KRS 363.530 Fractional units of weight and measure

363.530. Fractional units of weight and measure Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of the unit as prescribed or defined in KRS 363.520 and subsection (13) of KRS 363.510, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 49, sec. 23, effective July 15, 2002. -- Created 1970 Ky. Acts ch. 264, sec. 33.

KRS 363.540 State standards of weights and measures

363.540. State standards of weights and measures The state shall have weights and measures that conform with the standards of the United States and that have been approved as being satisfactory for use by the National Institute of Standards and Technology. These weights and measures shall be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the laboratory of the State Division of Regulation and Inspection, and shall not be removed from the laboratory except for repairs or for calibration and approval. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 49, sec. 24, effective July 15, 2002. -- Created 1970, Ky. Acts ch. 364, sec. 4.

KRS 363.550 Field standards

363.550. Field standards In addition to the state standards provided for in KRS 363.540, there shall be supplied by the state such "field standards" and such equipment as may be found necessary to carry out the provisions of KRS 363.510 to 363.850. The field standards shall be verified upon their initial receipt and, thereafter, as often as deemed necessary by the director by comparison with the state standards. History: Created 1970 Ky. Acts ch. 264, sec. 5.

KRS 363.555 Administrative regulations -- Unprocessed bulk tobacco

363.555. Administrative regulations -- Unprocessed bulk tobacco The Commissioner may promulgate administrative regulations relating to servicing or inspecting instruments and devices used to measure internal moisture or density levels in unprocessed bulk tobacco as described in KRS 363.510. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 18, sec. 1, effective June 8, 2011.

KRS 363.560 Administration of law

363.560. Administration of law The power and duty to administer and enforce KRS 363.510 to 363.850 is vested in the Department of Agriculture, and shall be exercised under the supervision of the Office for Consumer and Environmental Protection through the Division of Regulation and Inspection. The division shall be headed by a director appointed by the Commissioner of Agriculture and shall have personnel as determined and appointed by the Commissioner. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 88, sec. 8, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 49, sec. 25, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 393, sec. 5, effective July 13, 1990. -- Created 1970 Ky. Acts ch. 264, sec. 6.

KRS 363.570 Director's bond

363.570. Director's bond A bond, with sureties, to be approved by the Secretary of State, and conditioned upon the faithful performance of his duties and the safekeeping of any standards or equipment entrusted to his care, shall forthwith, upon his appointment, be given by the director in the penal sum of $5,000. History: Created 1970 Ky. Acts ch. 264, sec. 7.

KRS 363.580 Director's duties

363.580. Director's duties The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by KRS 363.510 to 363.850, and shall keep accurate records of the same. The director shall enforce the provisions of KRS 363.510 to 363.850. He shall have and keep a general supervision over the weights and measures offered for sale, sold, or in use in the state. He shall annually, in the month of July, make to the commissioner a report on all of the activities of his office. History: Created 1970 Ky. Acts ch. 264, sec. 8.

KRS 363.590 Regulations of director -- Specifications for commercial devices

363.590. Regulations of director -- Specifications for commercial devices (1) The director shall issue from time to time reasonable regulations for the enforcement of KRS 363.510 to 363.850, which regulations shall have the force and effect of law. These regulations may include: (a) Standards of net weight, measure, or count, and reasonable standards of fill for any commodity in package form; (b) Rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties; (c) Exemptions from the sealing or marking requirements of KRS 363.650 with respect to weights and measures of the character or size that the sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question; (d) Rules governing the registration of servicemen and service agencies; and (e) Rules governing the examination procedure for price verification. (2) These regulations shall include specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in KRS 363.610, designed to eliminate from use without prejudice to apparatus that conforms as closely as practicable to the official standards, those: (a) That are not accurate; (b) That are of such construction that they are faulty (that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly); or (c) That facilitate the perpetration of fraud. (3) The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments to those requirements, as recommended by the National Institute of Standards and Technology and published in the most recent editions of the National Institute of Standards and Technology handbooks and supplements to the handbooks, or in any publication revising or superseding the handbooks or supplements to the handbooks, shall be the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices of the State of Kentucky, unless modified, amended, or rejected by a regulation issued by the director. For the purposes of KRS 363.510 to 363.850, apparatus shall be deemed to be "correct" when it conforms to all applicable requirements promulgated as specified in this section. Other apparatus shall be deemed to be "incorrect." Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 25, sec. 1, effective July 14, 2018. -- Amended 2008 Ky. Acts ch. 34, sec. 3, effective July 15, 2008. -- Created 1970 Ky. Acts ch. 264, sec. 9.

KRS 363.600 Periodic testing of standards

363.600. Periodic testing of standards The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting his findings, in writing, to the supervisory board and the executive officer of the institution concerned. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 304, effective January 1, 2015. -- Created 1970 Ky. Acts ch. 264, sec. 10.

KRS 363.610 Testing devices for sale and in use

363.610. Testing devices for sale and in use When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the director, within a twelve-month period, or less frequently if in accordance with a schedule issued by him, and as much oftener as he may deem necessary, to inspect and test to ascertain if they are correct, all weights and measures commercially used: (1) In determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count, or (2) In computing the basic charge or payment for services rendered on the basis of weight, measure, or of count. Provided, that with respect to single-service devices (that is, devices designed to be used commercially only once and to be then discarded) and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples. History: Created 1970 Ky. Acts ch. 264, sec. 11.

KRS 363.620 Director's investigations

363.620. Director's investigations The director shall investigate complaints made to him concerning violations of the provisions of KRS 363.510 to 363.850, and 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 KRS 363.510 to 363.850 and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions. History: Created 1970 Ky. Acts ch. 264, sec. 12.

KRS 363.630 Spot checks of commodities offered for sale

363.630. Spot checks of commodities offered for sale The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall: (1) Sell, or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the director. History: Created 1970 Ky. Acts ch. 264, sec. 13.

KRS 363.640 Stop-use, stop-removal and removal orders

363.640. Stop-use, stop-removal and removal orders The director shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of KRS 363.510 to 363.850 he deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section. History: Created 1970 Ky. Acts ch. 264, sec. 14.

KRS 363.650 Approval or rejection of tested weights and measures

363.650. Approval or rejection of tested weights and measures The director shall approve for use, and seal or mark with appropriate devices, such weights and measures as he finds upon inspection and test to be correct as defined in KRS 363.590, and shall reject and mark or tag as "rejected" such weights and measures as he finds, upon inspection or test, to be incorrect as defined in KRS 363.590, but which in his best judgment are susceptible of satisfactory repair: provided, that such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the director issued under the authority of KRS 363.590. The director shall condemn, and may seize and destroy, weights and measures found to be incorrect that, in his best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the director if not correct as required by KRS 363.700, or if used or disposed of contrary to the requirements of KRS 363.700. History: Created 1970 Ky. Acts ch. 264, sec. 15.

KRS 363.660 Police powers of director

363.660. Police powers of director With respect to the enforcement of KRS 363.510 to 363.850 and any other law dealing with weights and measures that he is or may be empowered to enforce, the director is hereby vested with special police powers, and is authorized to arrest, without formal warrant, any violator of the said law, and to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, or exposed for sale or sold in violation of law. In the performance of his official duties, the director is authorized to enter and go into or upon, without formal warrant, any structure or premises, and to stop any person whatsoever and to require him to proceed, with or without any vehicle of which he may be in charge, to some place which the director may specify. History: Created 1970 Ky. Acts ch. 264, sec. 16.

KRS 363.670 Director's powers extend to deputy, inspectors

363.670. Director's powers extend to deputy, inspectors The powers and duties given to and imposed upon the director by KRS 363.600 to 363.660 and KRS 363.810 are hereby given to and imposed upon the deputy director and inspectors also when acting under the instructions and at the direction of the director. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 312, effective January 1, 2015. -- Created 1970 Ky. Acts ch. 264, sec. 17.

KRS 363.680 Repealed, 2015

363.680. Repealed, 2015 Catchline at repeal: City sealer of weights and measures in cities of first three classes. History: Repealed 2014 Ky. Acts ch. 92, sec. 314, effective January 1, 2015. -- Amended 1980 Ky. Acts ch. 188, sec. 280, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 264, sec. 18.

KRS 363.690 Repealed, 2015

363.690. Repealed, 2015 Catchline at repeal: Powers of city sealer and deputies -- Concurrent powers of director. History: Repealed 2014 Ky. Acts ch. 92, sec. 314, effective January 1, 2015. -- Created 1970 Ky. Acts ch. 264, secs. 19 and 20.

KRS 363.700 Provisions as to rejected weights and measures

363.700. Provisions as to rejected weights and measures Weights and measures that have been rejected under the authority of the director or of a sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such rejected weights and measures shall cause the same to be made correct within thirty (30) days or such shorter period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be correct, or until specific written permission for such use is issued by the rejecting authority, or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to perform such acts under a regulation issued by the director for the registration of weights and measures servicemen and service agencies. History: Created 1970 Ky. Acts ch. 264, sec. 21.

KRS 363.710 Provisions for weights and measures for liquid, solid form

363.710. Provisions for weights and measures for liquid, solid form (1) Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in KRS 363.510 to 363.850, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count: provided, that liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold; and provided further, that the provisions of this section shall not apply: (a) To commodities when sold for immediate consumption on the premises where sold, (b) To vegetables when sold by head or bunch, (c) To commodities in containers standardized by a law of this state or by federal law, (d) To commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (e) To concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (f) To unprocessed vegetable and animal fertilizer when sold by cubic measure. (2) The director may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. History: Created 1970 Ky. Acts ch. 264, sec. 22.

KRS 363.720 Provisions as to packaged commodities

363.720. Provisions as to packaged commodities Except as otherwise provided in KRS 363.510 to 363.850, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce, shall bear on the outside of the package such definite, plain, and conspicuous declarations of: (1) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container, (2) The net quantity of the contents in terms of weight, measure, or count, and (3) In the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by regulation issued by the director. Provided, that in connection with the declaration required under subsection (2) of this section, neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure, or count (for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity in a package shall be used; and provided further, that under subsection (2) of this section the director shall, by regulation, establish reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure, exemptions as to small packages, and exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. History: Created 1970 Ky. Acts ch. 264, sec. 23.

KRS 363.730 Package in random lot to show price per unit

363.730. Package in random lot to show price per unit In addition to the declarations required by KRS 363.720, any commodity in package form, the package being one (1) of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count. History: Created 1970 Ky. Acts ch. 264, sec. 24.

KRS 363.740 Commodity package to be full

363.740. Commodity package to be full 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, and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the director. History: Created 1970 Ky. Acts ch. 264, sec. 25.

KRS 363.750 Advertisement containing price also to contain quantity

363.750. Advertisement containing price also to contain quantity Whenever a commodity in package form is advertised 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: 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 and without parentheses on the package) need appear in the advertisement; and provided further, that 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 (for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity in the package. History: Created 1970 Ky. Acts ch. 264, sec. 26.

KRS 363.760 Misrepresentation of price prohibited -- Handling of fractions of cent

363.760. Misrepresentation of price prohibited -- Handling of fractions of cent Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half (1/2) the height and width of the numerals representing the whole cents. History: Created 1970 Ky. Acts ch. 264, sec. 28.

KRS 363.770 Meat, poultry, seafood to be sold by weight only

363.770. Meat, poultry, seafood to be sold by weight only Except for immediate consumption on the premises where sold, or as one (1) of several elements comprising a ready-to-eat meat sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all seafood except shellfish, offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight. When meat, poultry, or seafood is combined with or associated with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight, and the quantity representation may be the total weight of the product or combination, and a quantity representation need not be made for each of the several elements of the product or combination: provided, that, for ready-to- cook, whole carcass, stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars, and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight of the poultry product and, in proximity thereto, a statement specifying the minimum weight of poultry in the product. History: Created 1970 Ky. Acts ch. 264, sec. 29.

KRS 363.780 Rules for delivery of bulk commodity sold by weight

363.780. Rules for delivery of bulk commodity sold by weight When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible marking equipment and, in clarity, equal to type or printing: (1) The name and address of the vendor, (2) The name and address of the purchaser, and (3) The net weight of the delivery expressed in pounds, and, if the net weight is derived from determinations of gross and tare weights, such gross and tare weights also shall be stated in terms of pounds. One of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand, to the director, or the deputy director or the inspector, or the sealer or deputy sealer, who, if he desires to retain it as evidence shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, that if the purchaser, himself, carries away his purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to him. History: Created 1970 Ky. Acts ch. 264, sec. 30.

KRS 363.785 Retail electric vehicle charging license -- Annual fee -- Fund -- Required inspections -- Administrative regulations

363.785. Retail electric vehicle charging license -- Annual fee -- Fund -- Required inspections -- Administrative regulations (1) Beginning January 1, 2027, an electric vehicle power dealer shall not operate an electric vehicle charging station without first obtaining a retail electric vehicle charging license from the department. A retail electric vehicle charging license shall be valid from the date of issuance until January 31 of the following calendar year. (2) The department shall collect an annu al license fee in the amount of one hundred dollars ($100) per electric vehicle charging port located at an electric vehicle charging station from the license holder to be deposited in the fund established in subsection (3) of this section for the purpose of implementing and administering of the retail electric vehicle charging program established by this section. (3) (a) There is hereby established in the State Treasury a trust and agency account to be known as the retail electric vehicle charging station license fund. The fund shall consist of moneys received from the license fee imposed in subsection (2) of this section, state appropriations, gifts, grants, and federal funds. (b) The fund shall be administered by the department. (c) Amounts deposited in the fund shall be used for the implementation and administration of the electric vehicle charging station inspection program established by this section and for no other purpose. (d) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year. (4) Except as provided in subsection (5) of this section, beginning January 1, 2027, the department shall inspect each licensed electric vehicle charging station owned or leased by an electric vehicle power dealer at least once every two (2) years. The inspection shall include determinations of compliance with the standards in the current edition of the National Institute of Standards and Technology's Handbook 44 or other applicable standards relating to: (a) The accuracy of the meters and displays of the electric vehicle charging ports from which electricity is sold, including with regard to the electrical rate, the charging speed, and the real-time charging status of the cust omer's electric vehicle; (b) Electrical and safety standards; (c) Output voltages from electric vehicle charging port connectors; (d) Security of payment methods and customer data; and (e) Any physical security or cybersecurity measures that the department may require. (5) Electric vehicle charging stations constructed using funds from the National Electric Vehicle Infrastructure Funding Program established under the federal Infrastructure Investment and Jobs Act, Pub. L. No. 117 -58, shall not be subject to the licensure or inspection requirements of this section or administrative regulations promulgated under this section until five (5) years have elapsed from the initial date of operation of the electric vehicle charging station and the long -term stewardship requirement under 23 C.F.R. sec. 680.106 has expired. (6) Within ninety (90) days of July 15, 2026, the department shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish electric vehicle charging station inspection standards and to carry out and enforce this section. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 161, sec. 93, effective July 15, 2026.

KRS 363.790 Rules for sale of fuel oil

363.790. Rules for sale of fuel oil All furnace and stove oil shall be sold by liquid measure or by net weight in accordance with the provisions of KRS 363.710. In the case of each delivery of such liquid fuel not in package form and in an amount greater than ten (10) gallons in the case of sale by liquid measure or 100 pounds in the case of sale by weight, there shall be rendered to the purchaser, either at the time of delivery or within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser, a delivery ticket or a written statement on which, in ink or by means of other indelible marking equipment and, in clarity, equal to type or printing, there shall be clearly stated: (1) The name and address of the vendor, (2) The name and address of the purchaser, (3) The identity of the type of fuel comprising the delivery, (4) The unit price (that is, the price per gallon or per pound, as the case may be) of the fuel delivered, (5) In the case of sale by liquid measure, the liquid volume of the delivery, together with any meter readings from which such liquid volume has been computed, expressed in terms of the gallon and its binary or decimal subdivisions, and (6) In the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which such net weight has been computed, expressed in terms of tons or pounds avoirdupois. History: Created 1970 Ky. Acts ch. 264, sec. 31.

KRS 363.800 Sale of berries, small fruits

363.800. Sale of berries, small fruits Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of one-half (1/2) dry pint, one (1) dry pint, or one (1) dry quart; provided, that the marking provisions of KRS 363.720 shall not apply to such containers. History: Created 1970 Ky. Acts ch. 264, sec. 32.

KRS 363.810 Injunctions

363.810. Injunctions The director is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of KRS 363.510 to 363.850. History: Created 1970 Ky. Acts ch. 264, sec. 37.

KRS 363.820 Presumption as to weight or measure found in or about sale area

363.820. Presumption as to weight or measure found in or about sale area For the purposes of KRS 363.510 to 363.850, proof of the existence of a weight or measure or a weighing or measuring device in or about any 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 weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle. History: Created 1970 Ky. Acts ch. 264, sec. 38.

KRS 363.830 Existence of other law does not prevent prosecution under KRS 363.510 to 363.850

363.830. Existence of other law does not prevent prosecution under KRS 363.510 to 363.850 Prosecutions for violation of any provision of KRS 363.510 to 363.850 are declared to be valid and proper, notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by KRS 363.510 to 363.850. History: Created 1970 Ky. Acts ch. 264, sec. 39.

KRS 363.840 State food and drug law not affected

363.840. State food and drug law not affected Nothing contained in KRS 363.510 to 363.850 shall be construed as amending, repealing, or superseding any provision of KRS 217.005 to 217.215 (the Kentucky Food, Drug and Cosmetic Act) or the regulations adopted thereunder by the secretary for health and family services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 616, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 571, effective July 15, 1998. -- Created 1970 Ky. Acts ch. 264, sec. 41.

KRS 363.850 Citation

363.850. Citation KRS 363.510 to 363.850 may be cited as the "Weights and Measures Act of Kentucky." History: Created 1970 Ky. Acts ch. 264, sec. 42.

KRS 363.900 Definitions for KRS 363.900 to 363.908

363.900. Definitions for KRS 363.900 to 363.908 As used in KRS 363.900 to 363.908, unless the context clearly requires otherwise: (1) "ASTM International" means the international standards developing organization that provides a forum for the development and publication of international voluntary consensus standards for materials, products, systems, and services; (2) "Commissioner" means the Commissioner of Agriculture or a departmental employee designated by the Commissioner to act on his or her behalf for the purposes of KRS 363.900 to 363.908; (3) "Department" means the Kentucky Department of Agriculture; (4) "Diesel" means a refined hydrocarbon suitable for use as a fuel in a compression- ignition internal combustion engine that may contain fuel additives and up to five percent (5%) by volume of biodiesel or biomass-based diesel; (5) "Division" means the Division of Regulation and Inspection in the Kentucky Department of Agriculture; (6) "Gasoline" means gasoline as defined in KRS 138.210; (7) "Gasoline-oxygenate blend" means a fuel consisting primarily of gasoline blended with more than one percent (1%) by volume oxygenate or more than three-tenths of one percent (0.3%) by volume methanol. The term "gasoline-oxygenate blend" shall include gasoline-ethanol blends containing between one percent (1%) and fifteen percent (15%) ethanol by volume; (8) "Motor fuel" means any product used for the generation of power in an internal combustion or turbine engine including but not limited to gasoline, gasoline- oxygenate blends, diesel fuel, and diesel fuel blended with biodiesel or biomass- based diesel; and (9) "Retail facility" means a service station, garage, truck stop, or other outlet selling motor fuel from a retail dispensing device. The term "retail facility" shall not include an outlet using such motor fuel dispensers exclusively for company and fleet use and price contract sales. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 112, sec. 1, effective July 14, 2022. -- Amended 2002 Ky. Acts ch. 49, sec. 26, effective July 15, 2002. -- Created 1994 Ky. Acts ch. 88, sec. 1, effective July 15, 1994.

KRS 363.902 Motor fuels inspection and testing program -- Applicability of American Society for Testing and Materials International standards -- Administrative regulations

363.902. Motor fuels inspection and testing program -- Applicability of American Society for Testing and Materials International standards -- Administrative regulations (1) The Commissioner or his or her authorized agent shall implement and administer an inspection and testing program for motor fuels intended for sale from a retail facility to ensure compliance with KRS 363.900 to 363.908. (2) For the purposes of administering and giving effect to the provisions of KRS 363.900 to 363.908, the standards set forth in the annual book of ASTM International standards, supplements, and revisions shall be applied. (3) In administering KRS 363.900 to 363.908, the department shall conform to any provisions of federal law or regulations which impose requirements in conflict with the ASTM International standard. (4) The department may promulgate administrative regulations to implement and enforce KRS 363.900 to 363.908. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 112, sec. 2, effective July 14, 2022. -- Created 1994 Ky. Acts ch. 88, sec. 2, effective July 15, 1994.

KRS 363.904 Requirements for sale at retail facility of motor fuel in Kentucky -- Gasoline-oxygenate blend standards -- Labeling and testing of shipments of motor fuels

363.904. Requirements for sale at retail facility of motor fuel in Kentucky -- Gasoline-oxygenate blend standards -- Labeling and testing of shipments of motor fuels (1) No motor fuel shall be sold or offered for sale at a retail facility in Kentucky unless it conforms to the following: (a) The motor fuel shall be labeled and posted in accordance with applicable federal and state laws; and (b) The motor fuel shall conform to the latest ASTM International specifications for that particular type, class, and grade of motor fuel, except when one (1) or more of the following circumstances exists: 1. When a federal law or a federal administrative regulation imposes requirements in conflict with the ASTM International standard, as provided by KRS 363.902(3); or 2. When the Governor determines that circumstances present, or are likely to present, a disruption in motor fuel supply, the Governor or the Commissioner or the secretary of the Energy and Environment Cabinet, as designated by the Governor, may issue a temporary waiver of ASTM International specifications for motor fuel. The temporary waiver shall be effective for a defined period of time and shall be the shortest practicable time period necessary to permit the correction of the disruption in motor fuel supplies. (2) For gasoline-oxygenate blends containing between one percent (1%) and fifteen percent (15%) by volume ethanol, the vapor pressure limit for each class shall be increased by one (1) pound per square inch. Additionally, the department shall adopt a minimum temperature for fifty percent (50%) distillation of gasoline- oxygenate blends containing up to fifteen percent (15%) ethanol through the promulgation of an administrative regulation in accordance with KRS Chapter 13A. (3) The motor fuel compliance with ASTM International shall be determined in accordance with the test methods prescribed in the latest ASTM International publications. When no such standard exists, the department shall designate a test or specification based upon widely accepted scientific principles. (4) All shipments of motor fuel shall state on either the product transfer documentation or invoice the destination of the shipment and that the shipment meets the standards and specifications required in the administrative regulations promulgated pursuant to this section. The division may obtain a sample of any shipment of motor fuel for testing. Motor fuel blending components shall be exempt from this section until they are offered for sale as motor fuel by a retail facility. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 112, sec. 3, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 4, sec. 1, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 25, sec. 2, effective July 14, 2018. -- Created 1994 Ky. Acts ch. 88, sec. 3, effective July 15, 1994.

KRS 363.906 Retail motor fuel license -- Annual fee -- Account in State Treasury for fees -- Nonlapsing of unexpended money

363.906. Retail motor fuel license -- Annual fee -- Account in State Treasury for fees -- Nonlapsing of unexpended money (1) A person shall not operate a retail facility without first obtaining a retail motor fuel license from the department. (2) For the calendar year beginning on January 1, 2023, the department shall collect an annual licensure fee in the amount of seventy-five dollars ($75) per retail facility from the license holder for the purpose of funding the administration of the retail motor fuel quality program. (3) For calendar years beginning on or after January 1, 2024, the department shall collect an annual licensure fee in the amount of one hundred dollars ($100) per retail facility from the license holder for the purpose of funding the administration of the retail motor fuel quality program. (4) Funds collected from licensure fees shall be deposited into an interest-bearing account in the State Treasury. Money unexpended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year for future use. (5) A retail motor fuel license shall be valid from the date of issuance until January 31 of the following calendar year. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 112, sec. 5, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 25, sec. 3, effective July 14, 2018. -- Created 1994 Ky. Acts ch. 88, sec. 4, effective March 22, 1994.

KRS 363.908 Civil penalty for violation of KRS 363.900 to 363.906 and administrative regulations -- Actions to recover civil penalties and for injunctive relief

363.908. Civil penalty for violation of KRS 363.900 to 363.906 and administrative regulations -- Actions to recover civil penalties and for injunctive relief (1) Any person who violates any provisions of KRS 363.900 to 363.906 or any administrative regulation promulgated pursuant to KRS 363.900 to 363.906 may be required to pay a civil penalty of not more than five thousand dollars ($5,000). (2) It shall be the duty of the department or, upon the request of the Commissioner, the Attorney General to bring an action for the recovery of the penalties provided for in this section and to bring an action for an injunction against any person violating or threatening to violate any provision of KRS 363.900 to 363.908 or violating or threatening to violate any administrative regulation or order of the department promulgated pursuant to KRS 363.900 to 363.908. In that action, any previous fine or finding of the department shall be prima facie evidence of the facts found therein. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 94, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 88, sec. 5, effective July 15, 1994.

KRS 363.990 Repealed, 1970

363.990. Repealed, 1970 Catchline at repeal: Penalties. History: Repealed 1970 Ky. Acts ch. 264, sec. 43. -- Amended 1960 Ky. Acts ch. 161, sec. 6, effective June 16, 1960. -- Amended 1950 Ky. Acts ch. 9, secs. 13 and 16. -- Amended 1944 Ky. Acts ch. 130, secs. 3 and 4. -- Amended 1942 Ky. Acts ch. 103, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2721, 4819a-1, 4819a-6, 4823, 4823a-1, 4823b-3.

KRS 363.991 Penalties

363.991. Penalties (1) Any person who violates the provisions of KRS 363.420, 363.430 and 363.440 shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200) for the first offense; he or she shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and/or be confined in the county jail for not less than sixty (60) days nor more than one hundred twenty (120) days, for each subsequent offense. (2) Any person who shall hinder or obstruct in any way the director, the deputy director, or any one (1) of the inspectors, or a sealer or deputy sealer, in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not more than three (3) months, or by both such fine and imprisonment. (3) Any person who shall impersonate in any way the director, the deputy director, or any one (1) of the inspectors, or a sealer or deputy sealer, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. (4) Any person who, by himself or by his servant or agent, or as the servant or agent of another person, performs any one (1) of the acts enumerated in paragraphs (a) through (i) of this subsection shall, for each offense, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for not less than three (3) months nor more than twelve (12) months, or both. (a) Use or have in possession for the purpose of using for any commercial purpose specified in KRS 363.610, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure. (b) Use, or have in possession for the purpose of current use for any commercial purpose specified in KRS 363.610, a weight or measure that does not bear a seal or mark such as is specified in KRS 363.650, unless such weight or measure has been exempted from testing by the provisions of KRS 363.610 or by a regulation of the director issued under the authority of KRS 363.590, or unless the device has been placed in service as provided by a regulation of the director issued under the authority of KRS 363.590. (c) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation. (d) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority. (e) Sell, or offer or expose for sale, less than the quantity he or she represents of any commodity, thing, or service. (f) Take more than the quantity he or she represents of any commodity, thing, or service, when, as buyer, agent, or receiver, he or she furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined. (g) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or regulation. (h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer. (i) Violate any provision of KRS 363.510 to 363.850 or of the regulations promulgated under the provisions of KRS 363.510 to 363.850 for which a specific penalty has not been prescribed. (5) Any person who fails to pay a fine or penalty assessed by the department, or fails to remediate a violation identified by the department, in compliance with a deadline for payment or remediation set forth by the department, shall be subject to a stop operation order or a stop sale order from the department with respect to the equipment, device, or motor fuel grade that is the subject of the fine, penalty, or remediation. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 25, sec. 4, effective July 14, 2018. -- Created 1970 Ky. Acts ch. 30, sec. 5; and ch. 264, secs. 34 to 36.

KRS 363.9051 Legislative findings

363.9051. Legislative findings The General Assembly finds that the fuel additive methyl tertiary butyl ether, known as MTBE, as a result of leaks in underground storage tanks, has contaminated groundwater in California and other states to such an extent that it has been banned in those states. The legislature further finds that, because Kentuckians rely on groundwater to a great extent both for drinking water and for industrial and agricultural purposes, the continued use of MTBE poses an unacceptable threat to public health. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 344, sec. 10, effective July 15, 2002.

KRS 363.9053 Use of methyl tertiary butyl ether as fuel additive

363.9053. Use of methyl tertiary butyl ether as fuel additive (1) Beginning on January 1, 2006, the use of methyl tertiary butyl ether, known as MTBE, as a fuel additive shall be illegal in the Commonwealth of Kentucky. Importation, sale, or storage of fuel containing MTBE shall be unlawful after that date. (2) Beginning on January 1, 2004, the General Assembly strongly encourages that all reformulated gasoline sold or offered for sale in the Commonwealth utilize domestically produced ethanol in place of MTBE or other gasoline additives. (3) In order to allow for an orderly transition, trace amounts of MTBE, not to exceed one-half of one percent (0.5%) by volume, will be allowed in gasoline. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 344, sec. 11, effective July 15, 2002.

KRS 363.9055 Use of biodiesel fuel blends encouraged

363.9055. Use of biodiesel fuel blends encouraged (1) As used in this section, "biodiesel fuel" means a biodegradable, combustible liquid fuel derived from renewable fats and vegetable oils that meets ASTM International specification D6751 and is suitable for blending with petroleum-based diesel fuel for use in diesel engines. (2) The General Assembly strongly encourages that, beginning on January 1, 2006, all diesel fuel sold or offered for sale in the Commonwealth and reformulated to achieve federally mandated sulfur reduction requirements use biodiesel in a blend not less than two percent (2%) by volume to meet those requirements. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 112, sec. 4, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 135, sec. 11, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 344, sec. 12, effective July 15, 2002.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39068Fetched: 10/20/2026

Starting a business in Kentucky? Kentucky LLC guide: costs and requirements