Title 47, Commercial Instruments And Transactions

This part shall be known and may be cited as the “Certified Public Weigher Law of 1981.”

(1) As used in this part, unless the context otherwise requires:(1) “Certified public weigher” means a natural person licensed under this part;(2) “Commissioner” means the commissioner of agriculture or the commissioner's duly appointed representative;(3) “Department” means the T…

(a) Every producer and supplier of natural resources products shall have in its employ at least one (1) or more certified public weighers licensed by the department. (b) (1) All natural resources products sold by such producer and supplier shall be accurately weighed or measured …

(a) A person may be licensed as a certified public weigher who:(1) Is a United States citizen or a qualified alien, as defined in § 4-58-102.(2) Is not less than eighteen (18) years of age;(3) Has the ability to weigh accurately and make correct weight or measurement records; and…

(a) (1) The commissioner shall adopt and establish rules and regulations for determining the qualifications of applicants for license as certified public weigher and to otherwise enforce this part.(2) All rules and regulations under this part shall be promulgated by the commissio…

The annual cost for a certified public weigher license shall be set by rule pursuant to § 43-1-703.

(a) Each certified public weigher shall, before entering upon such duties, make oath to execute faithfully such duties and file the oath with the commissioner. (b) The issuance of a license as a certified public weigher shall not oblige the state to pay the licensee any compensat…

(a) The certified public weigher's license shall be posted near the scale beam or indicator in full view at all times. (b) A certified public weigher shall be the only person allowed to operate the scale or weight recording equipment. (c) In case of batch weights, the certified w…

The certified public weigher shall sign the weigher's official registered signature and place the weigher's seal on a copy of record. This copy of record shall be the ticket delivered to the purchaser of materials. The seal and signature shall be placed on the copy of record eith…

The producer or supplier shall cause to be inspected, at intervals of not more than six (6) months, each weighing device used by producers and suppliers for the weighing of natural resource products as defined in this part. The inspection of the scales shall be performed by a cer…

Gross weights for truck or tractor trailer vehicles shall be determined by axle limitations as prescribed in § 55-7-203(b)(6), and adding an additional five hundred pounds (500 lbs.) thereto when the natural resources product is transported over a street or highway other than the…

(a) It is a violation for a certified weigher to measure trucks in excess of weights as prescribed in § 47-26-812. (b) It is a violation for a certified weigher to make flagrant or fraudulent recordings of measurements of weight or capacity. (c) A violation of this part shall be …

All penalties collected under this part shall be remitted to the department of revenue, as are tax receipts, and treated as such by that department.

This part may be cited as “Testing and Sealing — Use of Weights and Measures.”

(1) As used in this part, unless the context otherwise requires:(1) “Accurate” means a piece of equipment when its performance or value—that is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc., as determined by tests, made with…

The system of weights and measures in customary use in the United States and the International System of Units (SI), the modernized 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 t…

(a) 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 (NIST), shall be the state primary standards of weights and measures, a…

(a) The commissioner may acquire by purchase at least one set of copies of the primary standards to be kept in a place designated by the commissioner and to be known as secondary standards, and also such field standards and other equipment as may be found necessary to carry out t…

(a) The commissioner shall be the state sealer of weights and measures and shall have the custody of the primary standards of weights and measures and of the other standards and equipment provided for in this part. (b) The commissioner has the general supervision over city sealer…

(a) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Techno…

(1) There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state:(1) Assuring that weights and meas…

(1) The commissioner shall:(1) Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology;(2) Enforce this part;(3) Issue reasonable regulations for the enforcement of this part, which regulations…

(1) When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is:(1) Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not op…

(a) The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and m…

(1) No person shall:(1) Sell, or expose for sale less than the quantity represented;(2) Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or(3) Represent the quantity in any manner cal…

No person shall misrepresent the price of any commodity or service sold, 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.

(a) Except as otherwise provided by the commissioner, or by firmly established trade custom and practice:(1) Commodities in liquid form shall be sold by liquid measure or by weight; and(2) Commodities not in liquid form shall be sold by weight, by measure, or by count. (1) Commod…

(a) All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following …

(1) Except as otherwise provided in this part or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and …

In addition to the declarations required by § 47-26-916, any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the pr…

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 ha…

(a) Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be include…

All meat, meat products, poultry, fish and seafood offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight unless otherwise designated by regulation.

(a) Any person who, personally or by a servant or agent, or as the servant or agent of another person, performs any of the acts enumerated in this section commits a Class C misdemeanor. (b) No person shall:(1) Use or have in possession for use in commerce any incorrect weight or …

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provisions of this part.

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suita…

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly u…

In the event of seizure or confiscation under this part, the aggrieved party shall have the right to appeal such action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

The adoption of this part or any of its provisions shall not affect any regulations promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this part or modified or revoked by the commissioner.