901:6-7-04 General.

(A) Presentation of price. Whenever an advertised, posted, or price per unit of weight, measure, or count for any commodity includes a fraction of a cent, all elements of the fraction shall be prominently displayed, and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of the numerals representing the whole cent.

(B) Allowable differences: combination quantity declarations. Whenever the method of sale for a bulk or packaged commodity requires the use of a statement that includes count in addition to weight, measure, or size, the following shall apply to the particular commodity: beveragewear; pressed and blown tumblers and stemware. The allowable difference between actual and declared capacity shall be:

(1) For inch-pound:

(a) Plus or minus one-quarter fluid ounce for items of five-fluid-ounce capacity or less;

(b) Plus or minus five per cent of the stated capacity for items over five-fluid-ounce capacity.

(2) For metric:

(a) Plus or minus ten milliliters for items of two-hundred-milliliter capacity or less;

(b) Plus or minus five per cent of the stated capacity for items over two-hundred-milliliter capacity.

(C) Machine vended commodities. All vending machines dispensing packaged commodities shall indicate to the customer:

(1) Product identity;

(2) Net quantity;

(3) Name, address, and telephone number of responsible party.

The requirement for product identity and net quantity can be met either by display of the package or by information posted on the outside of the machine. Packaged products dispensed from a machine must meet the requirements of rules 901:6-3-01 to 901:6-3-12 of the Administrative Code.

(D) Railroad car tare weights. Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply:

(1) All newly stenciled or restenciled tare weights shall be accurately represented to the nearest one hundred pounds for inch-pound units and to the nearest fifty kilograms for metric units, and the representation shall include the date of weighing.

(2) The allowable difference between actual tare weight and stenciled tare weight on freight cars in use shall be as follows.

(a) Inch-pound allowable difference:

(i) Plus or minus three hundred pounds for cars fifty thousand pounds or less;

(ii) Plus or minus four hundred pounds for cars over fifty thousand pounds up to and including sixty thousand pounds;

(iii) Plus or minus five hundred pounds for cars over sixty thousand pounds.

(b) Metric allowable difference:

(i) Plus or minus one hundred fifty kilograms for cars twenty-five thousand kilograms or less;

(ii) Plus or minus two hundred kilograms for cars over twenty-five thousand kilograms up to and including thirty thousand kilograms;

(iii) Plus or minus two hundred fifty kilograms for cars over thirty thousand kilograms.

(3) Tare weight determinations for verification or change of stenciled weights shall only be made on properly prepared and adequately cleaned freight cars.

(4) Tank cars, covered hopper cars, flat cars equipped with multideck racks or special superstructure, mechanical refrigerator cars, and house-type cars equipped with special lading protective devices must be reweighed and restenciled only by owners or their authorized representatives:

(a) When car bears no lightweight (empty weight) stenciling;

(b) When repairs or alterations result in a change of weight in excess of the permissible lightweight tolerance.

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