Ala. Admin. Code r. 80-13-4-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-13-4-.04 - Allowable Methods Of Sale For Specific Non-Food Products

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

(2) Softwood lumber shall be sold as follows:

(a) The identity of the lumber shall include the grade, or grades, species or species group and whether the lumber is unseasoned (green) or dry.

(b) Softwood lumber may be represented or advertised by nominal size or dimension, but the minimum dressed sizes or dimensions must conform to the standardized width and thickness at which lumber is dressed when manufactured in accordance with U.S. Department of Commerce Voluntary Product Standard 20-70, "American Softwood Lumber Standard," and regional grading rules conforming to VPS 20-70.

Minimum dressed sizes conforming to nominal sizes are as follows:

Product Classification Minimum Dressed Sizes

(Nominal Size) (See Note 2)

Unseasoned Dry

______________________________________________________________

Inches Inches Inches

DIMENSION LUMBER

2 x 4 1 9/16 x 3 9/16 1 1/2 x 3 1/2

2 x 6 1 9/16 x 5 5/8 1 1/2 x 5 1/2

2 x 8 1 9/16 x 7 1/2 1 1/2 x 7 1/4

2 x 10 1 9/16 x 9 1/2 1 1/2 x 9 1/4

2 x 12 1 9/16 x 11 1/2 1 1/2 x 11 1/4

(See Note 1)

BOARD LUMBER

1 x 4 25/32 x 3 9/16 3/4 x 3 1/2

1 x 6 25/32 x 5 5/8 3/4 x 5 1/2

1 x 8 25/32 x 7 1/2 3/4 x 7 1/4

1 x 10 25/32 x 9 1/12 3/4 x 9 1/4

1 x 12 25/32 x 11 1/2 3/4 x 11 1/4

Note 1. The dry thicknesses of nominal 3" and 4" lumber are 2 1/2" and 3 1/2"; unseasoned thicknesses are 2 9/16" and 3 9/16". Widths for these thicknesses are the same as shown above.

Note 2. Product Standard 20-70 defines dry lumber as being 19 percent or less in moisture content and unseasoned lumber as being over 19 percent moisture content. The size of lumber changes approximately 1 percent for each 4 percent change in moisture content. Lumber stabilizes at approximately 15 percent moisture content under normal use conditions.

(c) Representations of quantity shall be in terms of pieces, the length of individual pieces or the length of and the minimum dressed width or thickness or nominal dimensions so long as nominal dimensions conform to the table above.

(3) Peat and peat moss defined as organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative matter, shall be expressed in weight units or in cubic measure units.

(a) Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in units of 50 pounds, 40 pounds, 20 pounds, 10 pounds, or 3 pounds.

(b) Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in units of 6, 5.5, 4, 2, 1, 0.7, 0.5, 0.3, or 0.2 cubic feet. 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).

(4) Roofing and roofing material shall be sold either by the square or by the square foot only.

(a) The term "square" shall mean the quantity of roofing or roofing material that, when applied according to directions or instructions of the manufacturer, will cover an area of 100 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.

(b) 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 1 square foot (144 square inches) exclusive of side laps or side joints.

(c) 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 100 square feet of roof area."

(d) The use of the common fraction one-third (1/3) 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."

(e) The primary declaration shall only be in terms of a square or square feet. 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.

(5) Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure.

(6) Sheeting shall be sold by length and width, area in square feet, or square meters and also thickness.

(7) Food wrap and film shall be sold by length and width and also area in square feet or square meters.

(8) Lawn and trash bags shall be sold by count, dimensions and also thickness.

(9) Food and sandwich bags shall be sold by count and dimensions.

(10) Sheeting shall be sold by length, width, thickness, and weight.

(11) Bags shall be sold by count, dimensions, thickness and weight.

(12) A declaration of thickness for all polyethylene products shall not be less than the average thickness based on sampling procedures and test methods recognized by the National Bureau of Standards. A declaration of area shall be in terms of the largest whole unit. A declaration of dimensions for all polyethylene bags shall be width x length or width x depth x length.

(13) Loose-fill and batt or roll-type insulation shall be sold as follows:

(a) Packaged loose fill insulation shall be sold on the basis of coverage in square feet or square meters, the recommended installed thickness, the insulation resistance "R" value obtained, and net weight.

EXAMPLE: Contents will cover 26 square feet when installed at a thickness equal to 6 1/2 inches with a resistance value of R-19. Net Weight 30 lb.

(b) Batt or roll-type insulation shall be sold on the basis of coverage in square feet or square meters, the designated "R" value and the width and length of the batt or roll.

EXAMPLE: Covers 26 square feet and provides a value of R-19. Roll is 12 inches wide by 26 feet long.

(c) Installed insulation of both types shall be sold on the basis of coverage in square feet or square meters, and the insulation resistance obtained; the seller of applicator shall provide the purchaser with an application statement.

EXAMPLE OF APPLICATION STATEMENT: Insulation covering 120 square meters of area has been installed in conformance with manufacturer's recommendations to provide a value of R-19.

(14) Coal, coke or charcoal shall be sold as provided in Code of Ala. 1975, §§ 8-16-98, 8-16-99, 8-16-100, and Rule 80-13-4-.04(4) of this chapter. All other solid fuel products except firewood shall be sold by net weight when in package.

(15) All vending machines dispensing packaged commodities shall indicate product identity, net quantity and the name, address and telephone number of a responsible party.

The requirements for product identity and net quantity can be met either by display of the package or by information posted on the machine.

(16) Firewood which is defined as any kindling, logs, boards, timbers, or any wood, split or unsplit, which is advertised, offered for sale, or sold as fuel, shall be sold as provided below:

(a) When firewood is sold by the cord, then a cord shall be construed to mean the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purpose of this regulation, "ranked and well stowed" shall be construed to mean when 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.

(b) A representation of the declaration of identity, if used, shall indicate within 19% accuracy the percentage of each species group (example - 50% hickory, 50% miscellaneous softwood). It is not required that representations of identity be used, but if used, the above criteria shall be followed.

(c) Firewood shall be advertised, offered for sale and sold only by measure, using the term "cord" and fractional parts of a cord; except that wood, natural or processed, offered for sale in packaged form shall display the quantity in terms of cubic feet, to include fractions of cubic feet.

(d) The terms "face cord," "rack," "pile," "truckload," or terms of similar import shall not be used when advertising, offering for sale, or selling firewood.

(e) A delivery ticket or invoice shall be presented by the seller to the purchaser whenever any nonpackaged firewood is sold. The delivery ticket or sales invoice shall contain at least the following information.

1. The name and address of the vendor.

2. The name and address of the purchaser.

3. The date delivered.

4. The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity.

5. The price of the amount delivered.

6. The identity of the most descriptive terms commercially practicable, including any quality representation if made in connection with the sale.

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

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

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

(c) Height, measured from the base to the top of the shortest wall panel;

(d) Inside dimension shall be declared to the nearest inch;

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

Author: Charles H. Barnes

Ala. Admin. Code r. 80-13-4-.04

Filed April 19, 1982.

Statutory Authority:Code of Ala. 1975, § 8-16-15.