# Agriculture (GAG)

## Title 11. Weights and Measures

### Subtitle 3. Regulation of Weights and Measures Generally

#### Section 11-301

(a) The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized. Either one or both of these systems shall be used for all commercial purposes in the State. The definitions of the basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the State except as otherwise provided.

(b) The term "unit" may not be used or allowed to be used as a standard or norm of measure of wood intended for any purpose.

(c) Fractional parts of any unit defined in Sec. 11-101 of this title and this section shall mean like fractional parts of the value of the unit as defined.

(d) All contracts concerning the sale of commodities shall be construed in accordance with the provisions of this section.

#### Section 11-302

(a) Any weight and measure conforming with the standards of the United States for primary standards or otherwise obtained by the State for use as primary standards shall be the State primary standards of weights and measures if approved by the National Institute of Standards and Technology.

(b) The State primary standards shall be maintained in a safe and suitable place in the laboratory of the office of the Secretary and may not be removed from the laboratory, except for repairs or for calibration.

(c) The traceability of the State primary standards to the United States prototype standards kept by the National Institute of Standards and Technology shall be verified at least once every ten years.

(d) All secondary standards procured for the enforcement of this title shall be calibrated and verified as accurate according to the State primary standards. Traceability to the State primary standards and services of the laboratory facilities may be made available to any interested person. The Secretary may adopt rules and regulations establishing procedures and reasonable fees for this service.

#### Section 11-303

In addition to the State primary standards, the State shall supply secondary standards and equipment necessary to carry out the provisions of this title. The Secretary shall verify the secondary standards upon their initial receipt and afterwards, as often as necessary by comparison with the State primary standards.

#### Section 11-304

(a) A commodity in liquid form shall be sold only by liquid measure or by weight, except as otherwise provided in this title. A commodity not in liquid form may be sold only by weight, dry measure, length, area, or count. However, a liquid commodity may be sold by weight and a commodity not in liquid form may be sold by count only if these methods give accurate information as to the quantity of commodity sold.

(b) The provisions of this section do not apply to:

  (1) Any commodity sold for immediate consumption on the premises where sold;

  (2) Vegetables when sold by the head or bunch;

  (3) Any commodity in a container standardized by a law of the State or by federal law;

  (4) Any commodity in package form when there exists a general consumer usage to express the quantity in some other manner;

  (5) Any concrete aggregate, concrete mixture, and loose solid material, such as earth, soil, gravel, crushed stone, and similar materials, when sold by cubic measure; or

  (6) Unprocessed vegetable and animal fertilizer when sold by cubic measure.

(c) The Secretary may adopt any reasonable rules and regulations necessary to assure that any amount of commodity sold is determined according to good commercial practice and is determined and represented to be accurate and informative to all interested parties.

#### Section 11-305

(a) Unless otherwise provided, any commodity in a package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

  (1) The identity of the commodity in the package unless the commodity can be identified easily through the wrapper or container;

  (2) The net quantity of the contents in terms of weight, measure, or count; and

  (3) In the case of any package possessed, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as the Secretary adopts by rule or regulation.

(b)

  (1) With regard to the declaration required under subsection (a) (2), the qualifying term "when packed", any words of similar meaning, or any term qualifying a unit of weight, measure, or count, such as, "jumbo", "giant", and "full", that tends to exaggerate the amount of commodity in a package may not be used.

  (2) In addition the Secretary, by rule or regulation, may adopt:

    (i) Reasonable variations including variations below the declared weight or measure caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure and that occur after the commodity is introduced into intrastate commerce;

    (ii) Exemptions as to small packages; and

    (iii) Exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.

(c) In addition to the declarations required by this section, if any commodity is in package form and the package is one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, the commodity shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.

(d) Any rule or regulation adopted under this section may not conflict with the provisions of the Code and rules and regulations relating to unit pricing of consumer commodities.

#### Section 11-306

(a) A commodity in package form may not be wrapped deceptively or be in a container made, formed, or filled in a manner that misleads the purchaser in determining the quantity of the contents of the package. The contents of a container may not fall below any reasonable standard of fill the Secretary prescribes for the commodity in question.

(b) If a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, a declaration of the basic quantity of contents of the package shall be closely and conspicuously associated with the price statement, as is required by law or rule or regulation to appear on the package. However, where the law or rule or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

(c) No qualifying terms, such as, "when packed", "minimum", "not less than", any other terms of similar meaning, nor any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity in the package may be included as part of the declaration required by this section.

#### Section 11-307

(a)

  (1) When a commodity in bulk is transported by vehicle to a buyer and the weight, measurement, or count of the commodity serves as the basis for determination of the charge or cost of the commodity, the person who weighs, measures, or counts the commodity shall make, in ink or other indelible marking material, a delivery ticket or written statement that includes:

    (i) The date of issue;

    (ii) The name and address of the seller;

    (iii) The name and address of the buyer;

    (iv) An accurate statement of quantity, expressed as follows:

      (1) For weight, the net weight in pounds or tons or in kilograms or metric tons of the international system of measurement and, if net weight is derived from gross and tare weight determinations, the gross and tare weight in the same system of measurement, as the net weight; and

      (2) For other measurement terms, the appropriate term in accordance with Sec.Sec. 11-301 and 11-304 of this subtitle;

    (v) A complete identification of the commodity in bulk, expressed as follows:

      (1) For solid fuel, the kind and size; and

      (2) For any other commodity in bulk, the kind and size, if necessary for accurate identification and value determination;

    (vi) The complete signature of the person who determines the quantity of the commodity in bulk and, if required, the weighmaster license number; and

    (vii) The license number or other numbers and letters that identify the vehicle by which the commodity in bulk is transported.

  (2) A delivery ticket or written statement shall be completed when the quantity of the commodity in bulk is determined.

  (3) Unless a buyer and seller agree otherwise, an original or copy of the ticket or statement shall be provided to the buyer and seller on transfer of the commodity in bulk.

  (4) Delivery tickets or written statements shall be numbered serially and used consecutively.

(b)

  (1) When a commodity in bulk or goods is transported by vehicle as a service and the weight or measurement of the commodity serves as the basis for determination of the charge or cost of the service, the person who weighs or measures the commodity in bulk or goods shall make, in ink or other indelible marking material, a written statement that includes:

    (i) The date of issue;

    (ii) The name and address of the seller;

    (iii) The name and address of the buyer;

    (iv) The name and address of the transporter of the commodity in bulk or goods, if the transporter is paid on the basis of the weight or measurement statement and is neither the seller nor the buyer;

    (v) An accurate statement of quantity, expressed as provided in subsection (a)(1)(iv) of this section;

    (vi) A description of the commodity in bulk or goods, sufficient for its positive identification;

    (vii) The complete signature of the person who determines the quantity of the commodity in bulk or goods, and, if required, the weighmaster license number; and

    (viii) The license number or other numbers and letters that identify the vehicle by which the commodity in bulk or goods is transported.

  (2) The written statement shall be provided to each party of a contract for transportation of a commodity in bulk or goods.

  (3) Written statements shall be numbered serially and used consecutively.

(c)

  (1) A person who operates or supervises a vehicle by which a commodity in bulk or goods is transported subject to this section shall possess the required delivery ticket or written statement while the commodity or goods is kept on the vehicle.

  (2) Unless the buyer and seller agree otherwise, the person who operates or supervises the vehicle shall present to the person who receives the commodity in bulk or goods, the required delivery ticket or written statement, before the vehicle is unloaded.

  (3) An original or copy of the delivery ticket or written statement required under this section shall be kept for 1 year as follows:

    (i) If the buyer or seller of a commodity in bulk or of a transportation service that involves the commodity in bulk or goods determines the quantity of the commodity or goods and makes the required ticket or statement, by the buyer or seller; or

    (ii) If a person other than the buyer or seller determines the quantity and makes the required ticket or statement, by the person, buyer, and seller.

  (4) On request of the Secretary or any law enforcement officer, a person subject to the requirements of this subsection shall present for inspection or surrender the required ticket or statement. A receipt that the Secretary or law enforcement officer issues for a surrendered ticket or statement fulfills the requirements of this subsection.

(d) The provisions of this section may not apply to: (1) aggregates, concrete mixtures, asphaltic concrete, loose solid materials such as earth, soil, sand, gravel, crushed stone, shale, and stone products other than agricultural lime; and (2) a petroleum product composed predominately of propane, propylene, butane, isobutane, butylenes, or mixtures of those products.

#### Section 11-308

If any commodity is sold on the basis of weight, the net weight of the commodity shall be used. Every contract concerning any commodity shall be construed in accordance with this section.

#### Section 11-309

(a) If any commodity or service is sold, offered, exposed, or advertised for sale by weight, measure, or count, the price may not be misrepresented or represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.

(b) If an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, every element of the fraction shall be displayed prominently 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 any numeral representing the whole cents.

#### Section 11-310

(a)

  (1) Except as provided in this subsection or as specified by the Secretary, any meat, meat product, poultry, and all seafood offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.

  (2) Notwithstanding the provisions of paragraph (1) of this subsection, the following products may be offered or exposed for sale or sold by weight, measure, or count:

    (i) Shellfish;

    (ii) Items for consumption on the premises where sold;

    (iii) Items sold as 1 of 2 or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold; and

    (iv) Cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises.

(b) When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight, the quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.

#### Section 11-311

Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight.

#### Section 11-312

(a) All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.

(b) Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.

(c)

  (1) Ice cream, ice milk, French ice cream, French custard ice cream, frozen custard, frozen dietary dairy dessert, frozen yogurt, mellorine, parevine, sherbert, water ice, fruit ice, dietary frozen dessert, quiescently frozen confection, or quiescently frozen dairy confection, and any products which are similar in appearance, odor, or taste to such products or are prepared or frozen as such products are customarily prepared or frozen, whether made with dairy products or nondairy products, together with the mixes used in such products and for which a standard has been promulgated by the Secretary of Health, shall be kept, offered, and exposed for sale and sold by fluid volume.

  (2) Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:

    (i) Determined by the purchaser; and

    (ii) Dispensed by the purchaser.

(d) If hand dipped, any of the items listed in subsection (c) of this section may be sold by weight, fluid volume, or the serving.

#### Section 11-313

When in package form, and when packed, possessed, offered, or exposed for sale or sold at retail, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, cornmeal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, or multiples of 100 pounds, avoirdupois weight. However, this section does not apply to prepared ready-mixed flours and meals, and special cake flours in packages the net contents of which are less than 5 pounds.

#### Section 11-314

Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure. The labeling requirements of Sec. 11-306 of this subtitle do not apply to these open containers.

#### Section 11-315

(a) All liquid fuel shall be sold by liquid measure or by net weight in accordance with the provisions of Sec. 11-304 of this subtitle. Price lists of liquid fuel shall be posted or otherwise made available upon request.

(b) Upon delivery of liquid fuel not in package form and in an amount greater than ten gallons in the case of sale by liquid measure, or 100 pounds in the case of sale by weight, a delivery ticket or written statement shall be delivered to the purchaser, either at the time of delivery or within a period mutually agreed upon in writing or otherwise between the vendor and the purchaser. The delivery ticket or a written statement shall have the following information clearly readable in ink or by means of other indelible marking equipment:

  (1) The name and address of the vendor;

  (2) The name and address of the purchaser;

  (3) The identity of the type of fuel comprising the delivery;

  (4) The unit price, that is, the price per gallon or per pound of the fuel delivered;

  (5) In the case of sale by liquid measure, the liquid volume of the delivery, together with any meter readings from which the liquid volume is computed, expressed in terms of the gallon and its binary or decimal subdivisions; and

  (6) In the case of sale by weight, the net weight of the delivery, together with any weighing scale readings from which the net weight is computed, expressed in terms of tons or pounds avoirdupois.

(c) The provisions of subsection (b) of this section do not apply to deliveries of liquid fuel made on the premises of the vendor if the vendor is supplying the fuel tank of a motor vehicle, motorized equipment, aircraft, or watercraft. The requirement of  subsection (b)(4) of this section does not apply when the product is liquified petroleum gas, which is defined for the purpose of this subsection as a petroleum product composed predominately of propane, propylene, butane, isobutane, butylenes, or mixtures of those products, if the delivery ticket, written statement, or invoice states that the price list is available on request. A ticket or other written statement accompanying the delivery of any other liquid fuels and used only as a bill of lading or manifest is exempt from the requirement of subsection (b)(4) of this section if the ticket or written statement utilized as an invoice for payment indicates all of the information set forth in subsection (b) of this section.

#### Section 11-316

(a)

  (1) The owner or possessor of a weight and measure used for the retail sale of electricity as a vehicle fuel shall clearly and conspicuously display information detailing the name, address, and phone number of a local person responsible for the weight and measure.

  (2) The information required to be displayed under this subsection may be displayed on or immediately adjacent to the weight and measure.

(b)

  (1) All electricity possessed, offered, or exposed for sale and sold at retail as a vehicle fuel shall be measured and sold in units of kilowatt-hours.

  (2) During a charging session, a customer may be charged only for the kilowatt-hours of electricity dispensed during the charging session.

(c)

  (1) In addition to the price charged for the retail sale of electricity as a vehicle fuel, the owner or possessor of a weight and measure used for the retail sale of electricity as a vehicle fuel may charge a fee for services related to the retail sale of electricity as a vehicle fuel.

  (2) The fee authorized under this subsection:

    (i) May be a fixed fee or assessed based on length of time;

    (ii) May be applied only at the conclusion of a charging session; and

    (iii) Shall be itemized on the customer's receipt.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)