We use two related non-stationarity functions as measures of the degree of scale-by-scale non-equilibrium in homogeneous isotropic turbulence. The values of these functions indicate significant non-equilibrium at the upper end of the inertial range. Wind tunnel data confirm Lundgrens (2002, 2003) prediction that the two-point separation $r$ where the second and third order structure functions are closest to their Kolmogorov scalings is proportional to the Taylor length scale $lambda$, and that both structure functions increasingly distance themselves from their Kolmogorov equilibrium form as $r$ increases away from $lambda$ throughout the inertial range. With the upper end of the inertial range in non-equilibrium irrespective of Reynolds number, it is not possible to justify the Taylor-Kolmogorov turbulence dissipation scaling on the basis of Kolmogorov equilibrium.