Chapter 1 - Weights And Measures
- Article 1 General Provisions.
- Section 8-16-1 Definitions
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:- (1) Weights, Measures or Weighing ...
- Section 8-16-2 Standard measure of length, surface, weight, and capacity
There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of ...
- Section 8-16-3 Standards approved by Congress to be state standards
The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights ...
- Section 8-16-4 Contracts construed according to standards ascertained by Congress
All contracts made within this state for any work to be done or for anything to be sold or delivered must be construed to ...
- Section 8-16-5 Custody of state standards; duties of Commissioner of Agriculture and Industries as to standards
(a) The state standards of weights and measures shall be kept by the Commissioner of Agriculture and Industries in a safe and suitable place ...
- Section 8-16-6 Duties generally of commissioner respecting weights and measures
With respect to weights and measures, the Commissioner of Agriculture and Industries shall have the following duties: (1) He shall try and prove by ...
- Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within the state, the county sealer within the county and the ...
- Section 8-16-8 Weights or measures corresponding with standards to be sealed or marked
Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares weights, measures or weighing or measuring devices and ...
- Section 8-16-9 Condemnation, repair, etc., of nonstandard weights and measures
(a) The Commissioner of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize, and may destroy weights, measures, or ...
- Section 8-16-10 Seizure for evidence of incorrect, false, or unsealed weight, measure, device, package, or commodity
The Commissioner of Agriculture and Industries or any local sealer of weights and measures is authorized and empowered to seize for use as evidence, ...
- Section 8-16-11 Powers of sheriff conferred upon commissioner and sealers; exhibition of badges; power of arrest
There is conferred upon the Commissioner of Agriculture and Industries and local sealers of weights and measures the same powers in their respective jurisdictions ...
- Section 8-16-12 Possession of altered, etc., weight, measure or device prima facie evidence of guilt
In all prosecutions for the violation of any laws relating to weights and measures, the possession of a weight, measure or weighing or measuring ...
- Section 8-16-13 Existence of weights, measures or devices in place of sale, etc., presumptive proof of use and ownership
For the purposes of this article, proof of the existence of weights, measures or weighing or measuring devices in or about any building, enclosure, ...
- Section 8-16-15 Rules and regulations; fees
(a) The Board of Agriculture and Industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations ...
- Section 8-16-16 Standards for containers of farm products — Duty to establish
It shall be the duty of the State Board of Agriculture and Industries to fix and promulgate official standards for containers of farm products ...
- Section 8-16-17 Standards for containers of farm products — Adoption of federal standards
The State Board of Agriculture and Industries is authorized to fix and promulgate as the official standards for this state, for any container for ...
- Section 8-16-18 Penalty for violation of chapter
Any person violating any provision of this chapter or the rules and regulations issued hereunder shall be guilty of a misdemeanor and, upon conviction, ...
- Article 2 Local Sealers.
- Section 8-16-30 Appointment; qualifications; keeping of standards and apparatus by cities and counties
(a) The county commission of each county and the mayor or other governing body of any city may appoint for their respective county or ...
- Section 8-16-31 Term of office; salary; removal; bond
(a) Local sealers of weights and measures shall hold office for such terms and receive such salaries as the appointing power may prescribe. (b) ...
- Section 8-16-32 Records and reports
(a) A local sealer of weights and measures shall keep a complete record of all of his official acts and shall make an annual ...
- Article 3 Weighmasters.
- Division 1 General Provisions.
- Section 8-16-50 Appointment; oath; certificate of appointment
(a) Any person engaged in the business of weighing for hire who shall weigh or measure any commodity, produce or article and issue therefor ...
- Section 8-16-51 Rules and regulations; fees
(a) The term of appointment for weighmasters shall be for one year. (b) A fee established by the Board of Agriculture and Industries not ...
- Section 8-16-52 Bond
Before entering upon his duties and before securing a certificate of appointment from the Commissioner of Agriculture and Industries, each weighmaster shall file with ...
- Section 8-16-53 Rights and duties; compensation not to be paid by state
The rights and duties of all weighmasters shall be prescribed by the Commissioner of Agriculture and Industries with the approval of the State Board ...
- Section 8-16-54 Seal
(a) It shall be the duty of every weighmaster in this state to provide himself with a seal at his own expense which shall ...
- Section 8-16-55 Records
All public weighmasters shall keep and preserve correct and accurate records of all public weighings as provided by this article, which records shall be ...
- Section 8-16-56 Weight certificate form; certificate deemed prima facie evidence of weight
(a) The Commissioner of Agriculture and Industries shall prescribe the form of weight certificate to be used by all public weighmasters in this state. ...
- Section 8-16-57 Certificates to contain accurate weight
All certificates of weights and measures, as provided by this article, shall contain the accurate and correct weight of any and all commodities weighed ...
- Section 8-16-58 Reweighing of certified commodity, produce or article
When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity, produce ...
- Section 8-16-59 False certificates
Any weighmaster who shall issue a certificate of weights and measures giving a false weight or measure of any article or commodity weighed or ...
- Division 2 State and Federal Employees.
- Section 8-16-70 Appointment
(a) The Commissioner of Agriculture and Industries is authorized to designate and appoint any competent employee or agent of the State Department of Agriculture ...
- Section 8-16-71 Fees and charges for weighing agricultural commodities; disposition of collected amounts
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may fix, assess and collect, or cause ...
- Section 8-16-72 Rules and regulations for weighing agricultural commodities
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may adopt and promulgate reasonable rules and ...
- Article 4 Miscellaneous Regulations.
- Section 8-16-90 Prohibited acts generally
Any person who, by himself or his servant or agent, or as the servant or agent of another person, shall offer or expose for ...
- Section 8-16-91 Net weight of commodity basis for sales by weight
Whenever any commodity, other than bale cotton, is sold on a basis of weight, it shall be unlawful to employ any other weight in ...
- Section 8-16-93 Net quantities of contents of packages to be marked on outside
(a) It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any commodity in package form ...
- Section 8-16-94 Weight per bushel or barrel of certain commodities established by custom of marketplace; Commissioner of Agriculture and Industries authorized to promulgate rules concerning weights per bushel or barrel
(a) Whenever any commodities shall be sold or delivered and no special written contract or agreement shall be made to the contrary, if sold ...
- Section 8-16-95 Milk and cream bottles and containers - Capacities; markings; bond required of manufacturers
(a) Bottles or other containers used for the sale of milk or cream shall be of the capacity of one gallon, three quarts, one-half ...
- Section 8-16-96 Milk and cream bottles and containers - Penalty for selling or using noncomplying containers
(a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles or containers to be used in the state that ...
- Section 8-16-97 Milk and cream bottles and containers — Duties of sealers
Local sealers of weights and measures are not required to seal bottles or containers for milk or cream marked as provided in this article; ...
- Section 8-16-98 Coal, coke, or charcoal — Sale by weight; "ton" defined; restriction on liquid substances in coal, coke, or charcoal
(a) It shall be unlawful to sell, or offer to sell, any coal, coke, or charcoal in any other manner than by weight. When ...
- Section 8-16-99 Coal, coke, or charcoal — Delivery tickets
(a) It shall be unlawful for any person to deliver any coal, coke, or charcoal without such delivery being accompanied by a delivery ticket ...
- Section 8-16-100 Coal, coke, or charcoal — Weighing of coal at time of purchase at request of purchaser
When a dealer or dealers in coal in cities or towns where public sales are kept may be requested by a person or persons ...
- Section 8-16-101 Fruit, nuts, vegetables and grain to be sold by avoirdupois weight or numerical count
(a) Except as otherwise provided in this article or when sold in the original standard container, all fruit, nuts, vegetables and grain shall be ...
- Section 8-16-102 Cornmeal and grits to be sold in five to 200 pound packages; exceptions
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state ...
- Section 8-16-103 Flour to be sold in packages of five to 200 pounds; exceptions
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state ...
- Section 8-16-104 Sale of ice regulated
(a) It shall be unlawful for any person, firm or corporation to sell ice in any other manner than by weight. (b) All ice ...
- Section 8-16-105 Sale of oil at retail regulated
Any person engaged in the business of the sale of oil at retail shall use a standard liquid measure, which measure shall not be ...
- Section 8-16-106 Requesting false or incorrect weighing or certificate; unauthorized issuance of certificate
Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or article falsely or incorrectly or who shall request ...
- Section 8-16-107 Operating weighing or measuring device other than as intended
It shall be unlawful for any person to operate any weighing or measuring device in any other manner than that which would be a ...
- Article 5 Registered Commercial Weighing and Measuring Technicians.
- Section 8-16-120 Registration authorized; purpose
For the benefit of users, manufacturers and distributors of commercial weighing and measuring devices used in selling commodities, things or service by weight or ...
- Section 8-16-121 Registration requirements; fees
Only those natural persons who demonstrate to the satisfaction of the Commissioner of Agriculture and Industries their skill in repairing, servicing or installing, weighing ...
- Section 8-16-122 Registration period; renewal; fee; testing; identification; penalty
Registration of service persons and scale mechanics shall be for a period of 12 months, and shall be renewed each year. An annual fee ...
- Section 8-16-123 Revocation, suspension, etc., of registration; grounds; notice; appeal
The commissioner may revoke, suspend or refuse to renew the registration of service persons or scale mechanics if he determines that the person has ...
