901:6-7-03 Nonfood products.

(A) Fence wire products. Rolls of fence wire products shall be sold by:

(1) Gauge of wire.

(2) Height in terms of inches or centimeters, if applicable.

(3) Length in terms of rods, meters, or feet.

(4) Packages subject to the Federal Fair Packaging and Labeling Act must be labeled in inch-pound units of measure. Metric units may also be declared on the principal display panel and may even appear first.

(B) Coatings. Asphalt paints, coatings, and plastics shall be sold in terms of liquid measure.

(C) Fireplace and stove wood. For the purpose of this rule, this paragraph applies to the sale of all wood, natural and processed, for use as fuel or flavoring.

(1) Definitions:

(a) "Fireplace and stove wood." Any kindling logs, boards, timbers, or other wood, split or not split, advertised, offered for sale, or sold as fuel.

(b) "Cord." The amount of wood that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and well stowed. For the purpose of this rule, "ranked and well stowed" shall be construed to mean that pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.

(c) Representation. A "representation" shall be construed to mean any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.

(d) "Seasoned firewood." The wood for fuel that has been air-dried and has a moisture content value that is less than or equal to fifty per cent.

(e) Flavoring chips. Any kindling, logs, boards, timbers, or other natural or processed, split or unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.

(2) Identity: A representation may include a declaration of identity that indicates the species group. (Example: fifty per cent hickory, forty per cent oak, ten per cent ash.) Such a representation shall indicate, within ten per cent accuracy, the percentages of each group.

(3) Quantity: Wood, of any type, for use as fuel may be advertised, offered for sale and sold by measure, weight and count, insofar as wood, advertised, offered for sale and sold by measure shall use the term "cord" and fractional parts of a cord or the cubic meter; except that wood, natural or processed (including flavoring chips), offered for sale in package form shall display the quantity in terms of cubic feet, to include fractions of cubic feet or cubic meters, to include decimal fractions of cubic meters. Wood advertised, offered for sale and sold by weight shall be sold in terms of price per ton, the sale based on a net weight determined using an appropriate scale sealed by a weights and measures inspector, and in no case shall a scale be used for net loads that weigh less than fifty minimum divisions. A single log shall be sold by weight, and packages of such individual logs containing less than four cubic feet (one thirty-second of a cord), if sold by inch-pound volume, or less than one-tenth cubic meter if sold by metric volume, may be sold by net weight plus count.

(4) Prohibition of terms: The terms "face cord," "rack," "pile," "rick," "truckload," or terms of similar import shall not be used when advertising, offering for sale, or selling wood for use as fuel.

(5) Delivery ticket or sales invoice: A delivery ticket or sales invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stove wood is sold. The delivery ticket or sales invoice shall contain at least the following information:

(a) The name and address of the vendor;

(b) The name address of the purchaser;

(c) The date delivered;

(d) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;

(e) The price of the amount delivered;

(f) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.

(D) Peat and peat moss applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland, or marsh, and containing an ash content not exceeding twenty-five per cent on a dry-weight basis (dried in an oven at one hundred five degrees centigrade or two hundred twenty-one degrees Fahrenheit until no further weight loss can be determined).

(1) Declaration of quantity: The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic measure units.

(2) Units.

(a) Weight: Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in pounds and/or kilograms.

(b) Cubic measure: Peat and peat moss sold in terms of cubic measures shall be offered and exposed for sale only in cubic feet and/or liters. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state and the quantity from which the final product was compressed (the latter declaration not exceeding the actual amount of material that can be recovered).

(E) Prefabricated utility buildings. These buildings shall be offered for retail sale on the basis of usable inside space as follows:

(1) Length, measured from inside surface of wall panels at the base;

(2) Width, measured from the inside surface of wall panels at the base;

(3) Height, measured from the base to the top of the shortest wall panel. Inside dimensions in inch-pound units shall be declared to the nearest inch; inside dimensions in metric units shall be declared to the nearest one-hundredth of a meter.

If total usable inside space is declared in a supplemental declaration, it shall be to the nearest cubic decimeter or cubic foot.

(F) Roofing and roofing material shall be sold either by the square, or by the square foot only if sold in inch-pound units, or by the square meter only if sold in metric units.

(1) Definitions.

(a) Square meter: The term "square meter" shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover one square meter exclusive of side laps or side joints.

(b) Square: The term "square" shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of one hundred square feet exclusive of side laps or side joints; provided, that, in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.

(c) Square foot: The term "square foot" shall mean the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover one square foot (one hundred forty-four inches) exclusive of side laps or side joints.

(2) Declaration of quantity: When the declaration of quantity on a package of roofing or roofing material contains the term "square," it shall include, plainly and conspicuously, a numerical definition of the term "square"; for example, "one square covers one hundred square feet of roof area."

(a) Common fractions. The use of the common fraction "one-third" is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the "square."

(b) Quantity statement. The primary declaration, if in inch-pound units, shall only be in terms of squares or square feet, and if in metric units shall only be in terms of square meters. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but in no case shall the weight of the material be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.

(G) Sealants. Calking compounds, glazing compounds, and putty shall be sold in terms of liquid measure, except that rope calk shall be sold by weight.

(H) Sod and turf.

(1) Application: For the purpose of this rule, this paragraph shall apply to all sod, including turf sod, turf plugs, and turf sprigs.

(2) Definitions.

(a) Sod: "Sod" shall mean "turf sod," "turf plugs," or "turf sprigs" of a single kind or variety or a mixture of kinds and varieties.

(b) Turf: "Turf" shall mean a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other such purposes.

(c) Turf plug: "Turf plug" shall mean a small section cut from live turf of those kinds of turf normally vegetatively propagated (such as zoysia grass) that when severed contain sufficient plant material to remain intact.

(d) Turf sod: "Turf sod" shall mean a strip or section of live turf that when severed contains sufficient plant material to remain intact.

(e) Turf sprig: "Turf sprig" shall mean a live plant, stolon, crown, or section cut from stolonifera plants used as turf.

(3) Quantity: Sod shall be advertised, offered for sale, and sold by measure or by a combination of count and measure as follows.

(a) Turf sod: Turf sod shall be advertised for sale and sold in terms of the square meter, square foot, or square yard, as appropriate.

(b) Turf plugs: Turf plugs shall be advertised for sale and sold in terms of count, combined with a statement of the plug diameter.

(c) Turf sprigs: Turf sprigs shall be advertised for sale and sold in terms of the liter or bushel.

(I) Softwood lumber applies to softwood boards, timbers, and dimension lumber that have been dressed on four sides, but shall not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual assembled or packaged millwork items.

(1) Definitions.

(a) "Dressed (surfaced) lumber": Lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.

(b) "Boards": Lumber one and one-quarter inches or less in actual thickness and one and one-half inches or more in actual width. Lumber less than one and one-half inches in actual width may be classified as strips.

(c) "Timbers": Lumber one and one-half inches or more in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.

(d) "Dimension lumber": Lumber from one and one-half inches to, but not exceeding, four and one-half inches in actual thickness, and one and one-half inches or more in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.

(e) "Rough lumber": Lumber that has not been dressed but that has been sawed, edged, and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.

(f) "Matched lumber": Lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together; when end-matched, the tongue-and-groove are worked in the ends also.

(g) "Patterned lumber": Lumber that is shaped to a pattern or a molded form, in addition to being dressed, matched, or shiplapped, or any combination of these workings.

(h) "Shiplapped lumber": Lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.

(i) "Grade": The commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.

(j) "Species": The commercial name assigned to a species of trees.

(k) "Species group": The commercial name assigned to two or more individual species having similar characteristics.

(l) Representation: A "representation" shall be construed to mean any advertisement, or invoice that pertains to the sale of lumber.

(m) "Minimum dressed sizes (width and thickness)": The standardized width and thickness at which lumber is dressed when manufactured in accordance with the "U.S. Department of Commerce Voluntary Product Standard 20-90 (1999), American Softwood Lumber Standard," and regional grading rules conforming to VPS 20-90 (1999) (see table 1), both of which are incorporated herein by reference.

(2) Identity: Advertisements shall include a declaration of identity that specifies the grade or grades, and species or species group and whether the lumber is unseasoned (green) or dry.

(3) Quantity: Representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces, or the lineal footage, except that:

(a) The use of recognized nominal dimensions, such as but not limited to those specified in table 1, shall be allowed in lieu of the minimum dressed sizes.

Table 1. Soft Lumber Sizes

Minimum standard dressed sizes at the time of manufacture for both unseasoned (green) and dry lumber as published by the U.S. Department of Commerce in Product Standard 20-90.

To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

Note 1: The dry thickness of nominal three-inch and four-inch lumber are two and one-half inches and three and one-half inches; unseasoned thicknesses are two and nine-sixteenths inches and three and nine-sixteenths inches. Widths for these thicknesses are the same as shown in table 1.

Note 2: "Product standard 20-19 (1999) defines dry lumber as being nineteen per cent or less in moisture content and unseasoned lumber as being over nineteen per cent in moisture content. The size of lumber changes approximately one per cent for each four per cent change in moisture content. Lumber stabilizes at approximately fifteen per cent in moisture content under normal use conditions.

(J) Carpeting. Anyone who sells carpeting shall provide the purchaser with written statements at the time of sale giving the following information:

(1) The name and address of the manufacturer.

(2) The style name and roll number of the carpet.

(3) The generic name of the fiber and the type of backing material.

(4) The amount delivered (exact size shipped).

(5) The price per square foot if sold in inch-pound units, or the price per square meter if sold in metric units, and the total price.

(K) Hardwood lumber. Sales of hardwood lumber measured after kiln drying shall be quoted, invoiced, and delivered on the basis of net board footage, with no addition of footage for kiln-drying shrinkage. Sales of hardwood lumber measured prior to kiln drying shall be quoted, invoiced, and delivered on the basis of net board footage before kiln drying. If the lumber is to be kiln-dried at the request of the purchaser, the kiln-drying charge shall be clearly shown and identified on the quotation and invoice. Retail sales of surfaced, kiln dried hardwood lumber is permissible by board footage, lineal footage or in terms of the number of pieces.

(L) Polyethylene products. Consumer and nonconsumer products offered and exposed for sale shall be sold in terms of:

(1) Sheeting and film.

(a) Length and width;

(b) Area in square feet or square meters;

(c) Thickness in mils;

(d) Weight in pounds or kilograms.

Consumer products offered or exposed for sale at retail shall be sold in terms of:

(2) Food wrap.

(a) Length and width;

(b) Area in square feet or square meters.

(3) Lawn and trash bags.

(a) Count;

(b) Dimensions;

(c) Thickness in mils;

(d) Capacity.

(4) Food and sandwich bags.

(a) Count;

(b) Dimensions;

(c) Capacity.

Products not intended to be offered or exposed for sale at retail shall be offered and exposed for sale in terms of:

(5) Bags.

(a) Count;

(b) Dimensions;

(c) Thickness in mils;

(d) Weight;

(e) Capacity.

(6) Declaration of weight: A labeled statement of weight for polyethylene sheeting and film and polyethylene bags not intended for the retail consumer shall not be less than the weight calculated by using the following formula

W = T x A x 0.03613 x D, where:

W = net weight in pounds;

T = nominal thickness in inches;

A = nominal length in inches times nominal width in inches;

D = density in grams per cubic centimeter as determined by the "American society for testing materials, D1505-03, vol. 15.05(2004) standard method of test for density of plastics by the density gradient technique". In the foregoing equation, 0.03613 is a factor for coverting g/cm (3) to lb/in (3).

(M) Insulation.

(1) Packaged loose-fill insulation except cellulose: Packaged loose-fill insulation, except cellulose, shall declare the net weight with no qualifying statement; each package must contain at least the stated weight. In addition, the following information shall be supplied on the package: minimum thickness, maximum net coverage area, number of bags per thousand square feet, and minimum weight per square foot at R-values of eleven, nineteen, and twenty-two. This information shall also be supplied for any additional R-values listed.

(2) Packaged loose-fill cellulose insulation: The principal display panel of packaged loose-fill cellulose insulation shall declare the net weight with no qualifying statement; each package must contain at least the stated weight. In addition, the following information shall be supplied on the package: minimum thickness, maximum net coverage area, number of bags per one hundred square feet, and minimum weight per square foot at R-values of thirteen, nineteen, twenty-four, thirty-two and forty. This information shall also be supplied for any additional R-values listed.

(3) Batt and blanket insulation: The principal display panel of packaged batt or blanket insulation shall declare the square feet of insulation in the package, and the length and width of the batt or blanket. In addition, R-value and thickness shall be declared on the package.

(4) Installed insulation: Installed insulation must be accompanied by a contract or receipt. For all insulation except loose fill and aluminum foil, the receipt must show the coverage area, thickness, and R-value of the insulation installed. For loose fill, the receipt must show those three items plus the number of bags used. For aluminum foil, the receipt must show the number and thickness of air spaces, the direction of heat flow and R-value. The receipt must be dated and signed by the installer. Example: "This is to certify that the insulation has been installed in conformance with the requirements indicated by the manufacturer to provide a value of R-19 using thirty-one and a half bags of insulation to cover fifteen hundred square feet area."

(N) Solid fuel products. Anthracite, semi-anthracite, bituminous, semi-bituminous, or lignite coal, and any other natural, manufactured, or patented fuel, not in liquid or gaseous form, except fireplace and stove wood, shall be offered, exposed for sale, or sold by net weight when in package form.

(O) Liquefied petroleum gas cylinder tare weights. For stamped tare weights on cylinders employed in the sale of liquefied petroleum gas, the following shall apply:

(1) Allowable difference: The allowable difference between the actual tare weight and the stamped tare weight for a new or used cylinder shall be one per cent of the actual tare weight. The tare weight shall include the weight of the cylinder (including paint), valve, and other permanent attachments. The weight of a protective cap shall not be included in tare or gross weights.

(2) Average requirement: The tare weights of cylinders at a single place of business found to be in error predominantly in a direction favorable to the seller and near the allowable difference limit shall be considered to be not in conformance with these requirements.

(P) Precious metals.

Definition.

(1) "Precious metals": Gold, silver, platinum, or any item composed partly or completely of these metals or their alloys and in which the market value of the metal in the item is principally the gold, silver, or platinum component.

(2) Quantity: The unit of measure and the method of sale of precious metals, if the price is based in part or wholly on a weight determination, shall be either troy weight or metric weight. When the measurement or method of sale is expressed in metric weight units, a conversion chart to troy units shall be prominently displayed so as to facilitate price comparison. The conversion chart shall also display a table of troy weights indicating grains, pennyweights, and troy ounces.

(Q) Mulch.

(1) Definition: "Mulch" means any product or material except peat or peat moss that is advertised, offered for sale, or sold for primary use as a horticultural above-ground dressing; for decoration, moisture control, weed control, erosion control, temperature control, or other similar purposes.

(2) Quantity: All mulch shall be sold, offered, or exposed for sale in terms of volume measure; in inch-pound units in terms of the cubic yard or cubic foot; in metric units in terms of the cubic meter or liter.

(R) Kerosene. All kerosene kept, offered, exposed for sale, or sold shall be identified as such and will include, with the word "kerosene," an indication of its compliance with the standard specification adopted by the "American Society for Testing and Materials, Specification Number D-3699", volume 15.02(2003) in effect on the effective date of this rule and incorporated herein by reference.

(S) Gasoline-alcohol blends.

Documentation for dispenser labeling purposes: The retailer must be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, the presence and maximum amount of ethanol, methanol, or any combination of ethanol/methanol (in terms of per cent by volume) contained in the fuel. This documentation is only for dispenser labeling purposes; it is the responsibility of any potential blender to determine the total oxygen content of the motor fuel before blending.

(T) Liquified petroleum gas.

(1) Quantity: All liquefied petroleum gases, including but not limited to propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the pound, metered cubic foot of vapor (defined as one cubic foot at sixty degrees Fahrenheit), or cubic meter, or the gallon (defined as two hundred thirty-one cubic inches at sixty degrees Fahrenheit). All metered sales by the gallon, except those using meters with a maximum rated capacity of twenty gallons per minute or less, shall be accomplished by use of a meter and device that automatically compensates for temperature.

(2) Sale by weight; marking required: When liquefied petroleum gas is sold or offered for sale at retail by weight, in portable containers, the tare weight of the container shall be plainly and conspicuously marked on the outside of the container or on a label firmly attached thereto. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing. It is unlawful to sell or offer or expose for sale liquefied petroleum gas in packages or containers which do not bear a statement as to tare weight as required by this paragraph, or which packages or containers bear a false statement as to tare weight, provided packages intended to be used only once and clearly marked with the statement "not refillable" are exempt from this tare weight requirement.

(3) Refilling; credit: Liquefied petroleum gas, when sold by refilling of a container or an exchange of containers (the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled). Exempt from this requirement are all lift truck motor fuel cylinders, one-hundred-pound cylinders used for construction purposes, and any cylinders less than forty pounds that are exchanged rather than refilled when the purchaser is notified that no refilling credit will be given. This notification shall be accomplished by way of an appropriate sign or written agreement.

(4) Service charge and unit price: If the vendor charges the purchaser for the labor involved in refilling a container of one hundred pounds or less, the vendor must display the amount of the service charge and the unit price at which the product is offered for sale. The service charge and unit price shall be conspicuously displayed so it may be observed from some reasonable customer position.

(5) Delivery ticket or sales invoice: An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, gallons, cubic feet, or other unit approved by the department of agriculture and the unit price of the product. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to gallons. When a nonautomatic temperature-compensated meter is used, all retail or wholesale sale tickets shall show metered gallons, the temperature of the product at the time of delivery and the corrected gallonage to sixty degrees Fahrenheit. When an automatic temperature-compensated meter is used, all retail or wholesale sale tickets shall show the metered gallonage corrected to sixty degrees Fahrenheit.

(U) Packaged animal bedding of all kinds, except for baled straw, shall be sold by volume, that is, by cubic meter, liter, or milliliter and by the cubic yard, cubic foot, or cubic inch. If the commodity is packaged in a compressed state, the quantity declaration shall include both the quantity in compressed state and the usable quantity that can be recovered.

(V) Communication paper

(1) Definitions

(a) Communication paper: "Communication paper" shall mean packaged bond, mimeo, spirit duplicator, xerographic, and other papers, including cut-sized office paper and computer paper.

(b) Basis weight: "Basis weight" as used in this regulation for labeling shall mean the grade, category, or identity of the paper determined according to the latest version of American society for testing and materials standard method D646 (2001) for "grammage of paper and paperboard." Basis weight is used as a standard of identity and is not considered a et weight declaration.

(2) Method of sale. All packaged communication paper kept, offered, or exposed for sale and sold at retail shall be sold in terms of sheet length, weight and count.

(3) Labeling. Communication paper in package form shall bear a label that includes a declaration of quantity, in terms of sheet length and width and count, in the lower 30 percent of the principal display panel and declaration of identity including the basis weight, and may include such other information as grain direction, color, brightness, printed lines, and hole punch information. Due to the variation in basis weight in manufacturing and analysis declared on the label shall correspond to the basis weight declared by the original manufacturer.

(W) Sand, rock, gravel, stone, paving stone, and similar materials kept, offered, or exposed for sale in bulk must be sold as:

(1) Top-soil, fill dirt, aggregate or chipped rock, sand (including concrete and mortar sand), decomposed granite, landscape type rock, and cinders must be sold by the cubic meter or cubic yard or by weight.

(2) Flagstone must be sold by weight.

(3) Dimensional cut stone must be sold by square meter, square good, or weight.

(4) This requirement does not apply to single stones with engraving such as grave-stones, natural or manmade artwork, landscape boulders, and pre-cast uniform size blocks.

R.C. 119.032 review dates: 08/10/2010 and 08/10/2015
Promulgated Under: 119.03
Statutory Authority: 1327.50 ; 901.10
Rule Amplifies: 1327.50 , 1327.55
Prior Effective Dates: 1-1-90; 1-18-05