(1) The weighing or measuring instruments or devices listed below are exempted from the sealing or marking inspection and testing requirements of RCW 19.94.163, because they are of such character or size that such sealing or marking would be inappropriate, impractical, or damaging to the apparatus in question:

(a) Measure containers

(b) Milk bottles

(c) Lubricating oil bottles

(d) Berry baskets and boxes.

(2) Unless the context clearly requires otherwise, the definitions provided for in chapter 19.94 RCW and in this section shall apply to this chapter.

(a) "Commercial weighing or measuring device" shall be construed to include any weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device.

(b) "Owner" shall be construed to mean the individual or business actually using a weighing or measuring device for commercial purposes, regardless of who is the legal owner or lien holder of such device.