As used in this chapter, unless the context requires otherwise:

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(1) ‘Advertising’ or ‘advertisement’ means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

(2) ‘Commercial’ or ‘commercially used’ means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

(3) ‘Commodity’ means any merchandise, product or substance produced or distributed for sale to, or use by, others.

(4) ‘Commodity in bulk form’ means any quantity of a commodity that is not a commodity in package form.

(5) ‘Commodity in package form’ means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS § 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

(6) ‘Department’ means the State Department of Agriculture.

(7) ‘Director’ means the Director of Agriculture.

(8) ‘Inspector’ means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

(9) ‘Intrastate commerce’ means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

(10) ‘Introduced into intrastate commerce‘ means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(11) ‘Liquid-fuel measuring device’ means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

(12) ‘National Institute of Standards and Technology’ means the National Institute of Standards and Technology of the Department of Commerce of the United States.

(13) ‘Sale’ and ‘sell’ include barter and exchange.

(14) ‘Security seal’ means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

(15) ‘Vehicle’ means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

(16) ‘Weighing device’ means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

(17) ‘Weights and measures’ means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, ‘weights and measures’ does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS § 757.005. [Amended by 1973 c.293 § 1; 1975 c.615 § 1; 1977 c.132 § 3; 1999 c.237 § 1; 2003 c.14 § 366; 2005 c.22 § 413; 2007 c.71 § 186]