E .A ORNEY GENEKAL
OF-TEXAS
Honorable John C. White OPINION NO. W-50
Commissioner
Department of Agriculture RE: The legality of using in
Capitol Station Texas the pre-packaged
Austin, Texas. scale that records and
prints the net weight of
the commodity weighed in
pounds and hundredths of
pounds, rather than in
Dear Mr. White: pounds and ounces.
In your recent request for an opinion of this office,
you Inquire as to the legality of using in Texas the pre-packaged
scale that records and prints the net weight of the commodity
weighed In pounds and hundredths of pounds rather than in pounds
and ounces. You further state that such a scale is now in pro-
duction and you are wondering if the provisions of Article 5371,
Vernon's Civil Statutes, and Regulation (e) (1) of your depart-
ment promulgated by the Commissioner under the authority of House
Bill 29, Acts of the 47th Legislature, R.S., ch. 624, p. 1374,
prevent the legal use of the scale in Texas.
Article 5731, Vernon's Civil Statutes, reads as follows:
"The units or standards of weight from which
all the other weights shall be derived and ascer-
tained shall be the standard of avoirdupois and
troy weights designated in this chapter, and avoir-
dupois pounds shall bear to the troy pounds the
ratio of seven thousand to five thousand seven
hundred and sixty grains, and the avoirdupois
pound shall be divided into sixteen equal parts
called ounces. The hundred weight shall consist
of one hundred avoirdupois pounds, and twenty
hundred weight shall constitute a ton. Tht troy
ounce shall be one twelfth of a troy pound.
Section C.(l) of House Bill 29, Acts of the 47th Degis-
lature, R. S., ch. 624, p. 1374, reads as follows:
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Honorable John C. White, Page 2 , (W-50)
“It shall be unlawful to keep for the pur-
pose of sale, offer or expose for sale, or sell,
any commodity in package form unless (a) the net
quantity of contents, in terms of weight, measure,
or numerical count, and (b) the name.and place of
business of the manufacturer, packer, or distrl-
butor shall be plainly and conspicuously marked
on the outside of the package. Provided; however,
that under Clause (a) of this Section reasonable
variations or tolerances shall be permitted, and
exemptions as to small packages shall be made;
and that under Clause (b) of this Section exemp-
tions as to packages sold on the premises where
packed shall be made. And provided further,
that this Section shall not be construed to apply
to those commodities in package form, the manner
of sale of which is specifically regulated by
the provisions of other Articles of the Statutes,
or to bales of cotton; and that reasonable rules
and regulations for the efficient enforcement of
this Act, not inconsistent herewith, and includ-
ing the reasonable variations. or tolerances and
the exemptions prescribed herein, shall be made by
the Commiss loner. ”
The Commissioner has promul ated rules and re ulatlons
under the provisions of Section C.(l 7 , and Regulation 7 e) (1)
reads in part as follows:
“A statement of weight shall be in terms of
the avoirdupois pound and ounce. ’
Article 5731 provides standards of weight from which
all other weights shall be derived and ascertained but does not
require all weights to be stated in pounds and ounces, and there-
fore in our opinion does not prevent the legal use of the scale
in Texas.
Regulation (e) (l), as quoted above, in our opinion,
would not prevent the legal use in Texas of such pre-packaged
scale that records and