Title 35, Agriculture

This article shall be known and may be cited as the Measurement Standards Act of 1983. Source: L. 83: Entire article R&RE, p. 1339, � 1, effective July 1.

As used in this article, unless the context otherwise requires: (1) (Deleted by amendment, L. 2009, (SB 09-113), ch. 88, p. 323, � 6, effective April 2, 2009.) (1.7) Certificate of conformance means a document issued by the national type evaluation program constituting evidence o…

The inch pound system and the metric system of weights and measures are jointly valid, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weights and measures, the tables of weights and measures, and …

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state's reference standards of weights and measures and shall…

The commissioner shall administer and enforce this article 14 and may exercise all of the administrative powers conferred upon the head of a department of the state. The commissioner may employ, pursuant to section 13 of article XII of the state constitution, such deputies and in…

(1) The commissioner shall: (a) Maintain traceability of this state's standards to the standards of the national institute of standards and technology; (b) Implement and carry out the provisions of this article; (c) Establish requirements for labeling, requirements for the presen…

(1) When necessary to perform duties or to implement this article 14 or the rules adopted pursuant to this article 14, the commissioner or the commissioner's authorized agent may: (a) Enter any commercial premises during normal business hours; except that, in the event such premi…

Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1. L. 87: (2) repealed, p. 492, � 43, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, � 11, effective April 2. Editor's note: This section was similar to former �� 35-14-114 and 35-1…

A person shall not sell, offer, advertise, or expose for sale less than the quantity of commodity or service the person represents nor take any more than the quantity of commodity or service the person represents. Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1…

No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Source: L. 83: Entire article R&…

Except as otherwise provided by the commissioner by rule, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure, or by count, so long as the method of sale provides accurate quantity an…

Source: L. 83: Entire article R&RE, p. 1345, � 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 328, � 13, effective April 2. Editor's note: This section was similar to former � 35-14-118 as it existed prior to 1983.

Source: L. 83: Entire article R&RE, p. 1346, � 1, effective July 1. L. 93: Entire section amended, p. 272, � 5, effective July 1. L. 95: (2)(a) amended, p. 896, � 6, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 330, � 14, effective April 2. Editor's…

(1) Each vending machine which dispenses commodities in package form shall indicate: (a) Proper identity; (b) Net quantity; and (c) Name, address, and telephone number of the vendor or of the responsible party. (2) The requirements for product identity and net quantity can be met…

(1) Whenever stenciled tare weights on freight cars are employed in the sale of commodities or the assessment of freight charges, the following conditions and requirements shall apply: (a) All newly stenciled or restenciled tare weights shall be accurately represented to the near…

(1) Except for random-weight packages unit priced in accordance with rules promulgated pursuant to this article, any retail establishment providing unit price information in addition to the total price for any commodity shall also provide the unit price information for all such c…

(1) Except as otherwise provided in this article, any commodity in package form shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (a) The net quantity of the contents in terms of weight, measure, or count; and (b) In the case of any packa…

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below such reasonable standard of fill as may …

In addition to the declarations required by section 35-14-118, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the pri…

(1) The commissioner may deny an application for, refuse to renew, revoke, or suspend a license or certificate or place a licensee or certificate holder on probation, if such person has: (a) Violated any provision of this article or of any rule adopted by the commissioner under t…

Source: L. 83: Entire article R&RE, p. 1352, � 1, effective July 1. L. 2009: Entire section repealed, (SB 09-113), ch. 88, p. 334, � 21, effective April 2.

(1) No license shall be required for the use of the following commercial weighing or measuring devices and such devices shall be exempt from testing: (a) Person weighers also referred to as pennyweight scales; (b) Any scale used as an in-plant scale to determine ingredients or ot…

(1) The commissioner may inspect and test any weights, measures, or standards submitted to the metrology laboratory. Weights, measures, and standards may not be approved by the department's laboratory unless the design and construction of the unit complies with the design and con…

(1) The commissioner may issue warning notices to anyone who has not complied with this article and may establish a time period to correct any minor violation. (2) The commissioner may issue a stop sale order directing that any products not meeting the requirements of this articl…

(1) A person who violates any provision of this article or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner or a court of competent jurisdiction. The maximum penalty shall not exceed seven hundred fifty dollars per violati…

(1) Any person who willfully makes, installs, sells or offers to sell, or uses or allows to be used on the person's weights or measures a counterfeit seal, or seal of the commissioner without proper authority, commits a civil infraction and shall be punished as provided in sectio…

(1) The commissioner or the commissioner's designee shall enforce this article. (2) Whenever the commissioner has reasonable cause to believe a violation of any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is de…

Sections 35-14-102 (3), 35-14-121 to 35-14-124.5, 35-14-127, 35-14-129, and 35-14-131 (5)(d), (5)(j), and (5)(m) and this section are repealed, effective September 1, 2028. Before the repeal, the licensing and certification functions of the department are scheduled for review in …