Chapter 57 — Chapter 57

A person who shall impersonate, in any manner, the director or an inspector, by the use of his seal or a counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars…

A person who, by himself or by his servant or agent, or as the servant or agent of another person, performs any one of the acts specified in this section shall be guilty of a misdemeanor and, upon a first conviction thereof, shall be punished by a fine of not less than twenty dol…

The board may establish fees to recover the cost of performing services of inspection, testing or calibrating weights, measures and weighing and measuring devices when such services are requested by the person owning or using the weight, measure or device. All fees shall be place…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weights…

The provisions of Chapter 57, Article 17 NMSA 1978 shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act [25-12-1 to 25-12-5 NMSA 1978]. History: Laws 2021, ch. 98, § 8.

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 bureau of standards shall be the state primary standards of weights and measures. The state primary standards sha…

A. Sections 57-17-1 through 57-17-19 NMSA 1978 shall be administered and enforced by the director under the direction of the board. Such sums as may be appropriated by the legislature and fees which are collected shall be allowed to the department for salaries for inspectors and …

A bond with sureties, to be approved by the secretary of state and conditioned upon faithful performance of duties, shall be given by the director in the penal sum of five thousand dollars ($5,000) and, upon appointment, by each inspector in the penal sum of one thousand dollars …

The New Mexico standards of weight and measure shall be kept in a safe and suitable place in the office of the director and shall not be removed except for repairs or certification. History: 1953 Comp., § 76-1-33, enacted by Laws 1959, ch. 202, § 6; 1973, ch. 386, § 6.

It shall be the duty of the director to: A. enforce the provisions of this act; B. maintain custody of the New Mexico standards of weight and measure and of the other standards and equipment entrusted to his care; C. keep accurate records of all standards of weight and measure; D…

stoppage. To facilitate the performance of his duties and the enforcement of the provisions of this act and the regulations promulgated hereunder, the director, in the performance of his duties, is empowered to: A. approve for use, and seal or mark with appropriate devices, the w…

When acting under instructions and under the direction of the director, the powers and duties of the inspectors of weights and measures shall be the same as the powers and duties given to and imposed upon the director. History: 1953 Comp., § 76-1-36, enacted by Laws 1959, ch. 202…

This act [57-18-1 to 57-18-26 NMSA 1978] may be cited as the "Weighmaster Act". History: 1953 Comp., § 76-4-1, enacted by Laws 1973, ch. 236, § 1.

A. A weighmaster license is required of any person who does public weighing or third-party weighing, except as provided in Section 57-18-18 NMSA 1978, or charges a fee for any weight determination. B. The issuance of a weighmaster license shall not obligate the state to pay to th…

Except for the surety bond requirement provided in Section 8 [57-18-8 NMSA 1978] of the Weighmaster Act, the duties, qualifications and responsibilities of the deputy weighmaster shall be the same as those of the weighmaster provided in the Weighmaster Act. The deputy weighmaster…

The director shall prescribe the form of weight certificates to be used by each weighmaster. The weight certificates shall be consecutively numbered and shall bear, but not be limited to, the following information: the date of issuance, the kind of property, produce, commodity or…

Each weighmaster shall personally determine each weight entered on a weight certificate issued by him. He shall make no entries on a weight certificate issued by some other person except as allowed by regulation. Each weight certificate shall show clearly that weight or weights w…

When making a weight determination as provided for by the Weighmaster Act, a weighmaster shall use a proper weighing device. A proper weighing device is one suitable for weighing the amount and kind of material to be weighed. A proper weighing device is one that has been inspecte…

A weighmaster shall not use any scale to weigh a load which exceeds the nominal or rated capacity of the scale. All persons shall be off the vehicle and clear of the scale platform when a weighmaster is weighing the vehicle, except that the driver may remain on the vehicle if so …

A weighmaster shall keep and preserve for at least one year a legible copy of each weight certificate issued by him. Copies of weight certificates shall be kept open to the inspection by any weights and measures officer of this state. History: 1953 Comp., § 76-4-16, enacted by La…

Whenever there is statutory authority in any other state which licenses weighmasters, for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this state, the director of this state is authorized to recognize and accept the weight certifica…

The following may, but are not required to, obtain licenses as weighmasters: A. a weights and measures officer when acting within the scope of his official duties; B. a person weighing property, produce, commodities or articles that he or his employer is buying or selling; C. a p…

Duly authorized representatives of the director may at any time require a loaded or unloaded vehicle to proceed to the nearest vehicle scale for the purpose of verifying the gross or tare weight of the vehicle. History: 1953 Comp., § 76-4-19, enacted by Laws 1973, ch. 236, § 19.

As used in the Weighmaster Act: A. "weighmaster" means a natural person licensed under the provisions of the Weighmaster Act; B. "vehicle" means any device by which any property, produce, commodity or article is transported; C. "director" means the director of the state departmen…

Notwithstanding any other provisions of the Weighmaster Act, livestock shall be weighed by a weighmaster where livestock is sold on the basis of weight at a public salesyard, or by or at any livestock market, market agency or dealer subject to the federal Packers and Stockyards A…

Scrap metal and salvage material shall be weighed by a weighmaster where scrap metal and salvage materials are purchased or sold by dealers, brokers or commission merchants on the basis of weight obtained from a vehicle scale. History: 1953 Comp., § 76-4-21, enacted by Laws 1973,…

No person shall perform the duties or acts to be performed by a weighmaster under the Weighmaster Act or shall hold himself out as a weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, unless he holds a valid license as a weighma…

The director is authorized to suspend or revoke the license of any weighmaster or a deputy weighmaster when: A. he is satisfied, after a hearing upon ten days' notice to the licensee, that the licensee has violated any provision of the Weighmaster Act or any valid regulations of …

Any person who requests a weighmaster to weigh any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or who issues a weight certificate simulating the weight certificate prescribed in the Weighmaster Act, and …

Any licensed weighmaster or deputy weighmaster who falsifies a weight certificate, or who delegates his authority to any person not licensed as a weighmaster or deputy weighmaster, or who signs a weight certificate with his official signature before performing the act of weighing…

Any person who violates any provision of the Weighmaster Act or any rule or regulation promulgated pursuant thereto for which no specific penalty has been provided shall be guilty of a misdemeanor. Upon conviction he shall be punished by a fine of not less than twenty-five dollar…

The director is authorized to enforce the provisions of the Weighmaster Act. The board shall issue regulations for the enforcement of the Weighmaster Act. History: 1953 Comp., § 76-4-3, enacted by Laws 1973, ch. 236, § 3.

A citizen of the United States, who is mature, of good moral character, who has the ability to weigh accurately and to make correct weight certificates, and who has received from the director a weighmaster license, shall be authorized to act as a weighmaster. History: 1953 Comp.,…

An application for a weighmaster license shall be made upon a form provided by the director. The application shall furnish evidence that the applicant has the qualifications required by Section 4 [57-18-4 NMSA 1978] of the Weighmaster Act. History: 1953 Comp., § 76-4-5, enacted b…

The director may promulgate rules for determining the qualifications of the applicant for a weighmaster license. He may pass upon the qualifications of the applicant on the basis of the information supplied in the application, or he may examine the applicant orally or in writing,…

The board may establish reasonable fees for weighmaster licenses and deputy weighmaster licenses to assist in carrying out the provisions of the Weighmaster Act. The fees shall not exceed the amount necessary to cover the cost of examination of applicants, issuance of the license…

Before any license is issued, except a deputy weighmaster license, the applicant shall execute and deliver to the director a surety bond in the sum of one thousand dollars ($1,000) or other proof of financial responsibility that the board may set by regulation. The bond shall be …

Each weighmaster license shall be issued for a period of one year. Effective date of license shall be determined by the director. The license holder shall file a renewal application with the director prior to the expiration date. Renewal applications shall be in the form prescrib…

History: Laws 1937, ch. 102, § 1; 1941 Comp., § 69-501; 1953 Comp., § 65-6-1; Laws 1973, ch. 117, § 1; 1977, ch. 71, § 1; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 10; 1941 Comp., § 69-510; 1953 Comp., § 65-6-10; Laws 1959, ch. 302, § 4; 1971, ch. 78, § 1; 1977, ch. 71, § 2; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 11; 1941 Comp., § 69-511; Laws 1951, ch. 178, § 1; 1953 Comp., § 65-6-11; Laws 1959, ch. 302, § 5; repealed by Laws 1993, ch. 98, § 14.

History: 1953 Comp., § 65-6-11.1, enacted by Laws 1977, ch. 71, § 3; repealed by Laws 1993, ch. 98, § 14.

History: 1953 Comp., § 65-6-11.2, enacted by Laws 1977, ch. 71, § 4; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 12; 1941 Comp., § 69-512; 1953 Comp., § 65-6-19; Laws 1959, ch. 302, § 11; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 13; 1941 Comp., § 69-513; 1953 Comp., § 65-6-20; Laws 1959, ch. 302, § 12; 1973, ch. 117, § 4; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 14; 1941 Comp., § 69-514; 1953 Comp., § 65-6-21; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 15; 1941 Comp., § 69-515; 1953 Comp., § 65-6-22; Laws 1973, ch. 117, § 5; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 17; 1941, ch. 160, § 1; 1941 Comp., § 69-516; 1953 Comp., § 65-6-23; Laws 1959, ch. 302, § 13; 1977, ch. 71, § 5; repealed by Laws 1993, ch. 98, § 14.

History: 1953 Comp., § 65-6-24, enacted by Laws 1971, ch. 78, § 2; 1973, ch. 117, § 6; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 2; 1941 Comp., § 69-502; 1953 Comp., § 65-6-2; Laws 1959, ch. 302, § 1; repealed by Laws 1993, ch. 98, § 14.