Current through Register Vol. 42, No. 11, August 30, 2024
(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
Statutory Authority:
Code of Ala.
1975, §
8-16-15.
