I own a weigh and pay frozen yogurt store. Is there any law that supports not deducting the cost of the cup (tare) because a sign is posted that says "cup is included in cost/oz". (the cup is overhead and the signs are posted) Also, to my knowledge a liquid must be served in a cup and sold as a commodity.
Answer
Your private sign is irrelevant to the law that requires weights and measures to be accurate and if there is any container that the scale accounts for it. Get a scale with a reset to account for the container. You can't charge the same for ice cream as you do for the container.
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