§ 35-14-124. Inaccurate Devices – Stickers – Tags – Wire Seals – Rules
A blue tag indicating “Work Order” shall be placed on any commercial weighing or measuring device that in the judgment of the commissioner is out of tolerance or in need of minor repairs. Repairs shall be made within thirty days, and, if not so made, the device shall be removed from commercial use. If the […]
§ 35-14-124.5. Disciplinary Powers
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: Violated any provision of this article or of any rule adopted by the commissioner under this article; Been convicted of a felony under any state […]
§ 35-14-126. Commercial Weighing Device Exemption – Licensing – Testing
No license shall be required for the use of the following commercial weighing or measuring devices and such devices shall be exempt from testing: Person weighers also referred to as pennyweight scales; Any scale used as an in-plant scale to determine ingredients or other such services where the end product or service is determined by […]
§ 35-14-127. Licenses – Fees – Rules – Stickers – Certificates
Before operating any scale, textile meter, or cordage meter for commercial purposes, except those exempted in section 35-14-126, the owner shall first procure from the department a license for the operation of the device. All such licenses shall expire on the date established by the commissioner by rule. Any person desiring to obtain a license […]
§ 35-14-128. Laboratory Approval – Service – Condemnation
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 construction requirements prescribed by the national institute of standards and technology or other entity […]
§ 35-14-129. Moisture-Testing Devices and Grain Protein Analyzers – Specifications
Before operating any moisture-testing device or grain protein analyzer for commercial use, the owner of the device or analyzer shall first procure a license for operation of the device or analyzer from the commissioner. An application for the license must be made upon a form furnished by the commissioner. A moisture-testing device or a grain […]
§ 35-14-130. Stop Sale Order
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. The commissioner may issue a stop sale order directing that any products not meeting the requirements of this article or the rules promulgated by the commissioner be taken off […]
§ 35-14-131. Civil Penalties
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 violation; except that such penalty may be doubled if it […]
§ 35-14-132. Criminal Penalties
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who willfully makes, installs, sells or offers to sell, or uses or allows to be used on his or her weights or measures any counterfeit seal, or seal of the commissioner without proper authority, commits a class 2 misdemeanor […]
§ 35-14-133. Enforcement
The commissioner or the commissioner’s designee shall enforce this article. 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 deemed necessary, the commissioner may issue a cease-and-desist order, which may require any person to […]