Title 47, Commercial Instruments And Transactions

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of licensed public weighmasters.

This part may be cited as “Serviceperson Registration.”

(1) As used in this part, unless the context otherwise requires:(1) “Commercial and law enforcement weighing and measuring device” is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, exten…

Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the “Notes” section of each applicable code in the most recent edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and …

(a) An individual or agency qualified by training or experience must apply for registration to service weighing or measuring devices only on an application form supplied by the commissioner. It shall be the individual's or agency's responsibility to request the application form p…

(a) The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registra…

A bearer of a Certificate of Registration has the authority to remove an official rejection tag or seal placed on a weighing or measuring device by the authority of the commissioner; place in service, until such time as an official examination can be made, a weighing or measuring…

(a) The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as “Placed In Service Report.” Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by th…

A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testin…

The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advanta…

The annual cost to register a serviceperson shall be set by rule pursuant to § 43-1-703. For each service agency employing more than two (2) registered servicepersons, the annual fee shall be set by rule pursuant to § 43-1-703. The service agency registration fee shall not exempt…

The commissioner may enter into an informal reciprocal agreement with any other state or states with similar registration policies whereby the registered servicepersons and the registered service agencies of the party states are granted reciprocal authority of certification of st…

(a) The commissioner is authorized to suspend or revoke a certificate of registration for good cause, which includes, but is not limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing …

If the commissioner suspends or revokes a serviceperson/service agency license, the revokee may appeal the decision through the appropriate court of law in Davidson County.

Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.

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 provision 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…

The commissioner is authorized to enforce this part and the commissioner may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by …

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.

(1) As used in this part, unless the context requires otherwise:(1) “Agricultural products” means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage;(2) “Commissioner” means the commissioner of agriculture;(3) “Department…

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect o…

The commissioner is hereby charged with the enforcement of this part and is empowered to promulgate rules, regulations, specifications, standards, and tests as may be necessary in order to secure the efficient administration of this part. The department may from time to time publ…

(a) If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause it to be marked with an appropriate seal. (b) Any moisture-measurin…

(a) Any defective moisture-measuring device, while so marked, sealed, or tagged, as provided in § 47-26-704, may be used to ascertain the moisture content of agricultural products offered for sale, processing, or storage, only under the following conditions:(1) The owner or user …

Every moisture-measuring device offered for sale, processing, or storage shall be used in a location visible to the general public, and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring d…

No person shall use or cause to be used any grain moisture-measuring device which has not been inspected and approved for use by the department; except that a newly purchased grain moisture-measuring device may be used prior to regular inspection and approval if the user of such …

Any person who uses or causes to be used a moisture-measuring device in commerce with the knowledge that such device has not been inspected and approved by the department in accordance with this part, commits a Class C misdemeanor.

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…