Section 11-201 – Administration
The Chief of Weights and Measures may administer the provisions of this title under the supervision of the Secretary.
Section 11-202 – General Powers and Duties of Secretary
The Secretary shall: (1) Have custody of the State primary standards of weights and measures and of the other standards and equipment provided for by this subtitle; (2) Keep accurate records of the standards and equipment; (3) Supervise the weights and measures offered for sale, sold, or used in the State; and (4) Submit a report of all the […]
Section 11-203 – Regulations; Specifications, Tolerances, and Technical Requirements for Commercial Weighing and Measuring Devices; Correct Weight and Measure
(a) To enforce this title the Secretary may adopt regulations relating to: (1) Standards of net weight, measure, or count, reasonable standards of fill, and labeling requirements, for any commodity in package form; (2) Exemptions from the sealing or marking requirements of § 11–207 of this subtitle with respect to weights and measures whose character or size makes […]
Section 11-204 – Inspections and Testing Generally
(a) Upon the request of any competent State authority, the Secretary may inspect and test any weight and measure. (b) Unless otherwise provided, the Secretary may inspect and test to ascertain if they are correct, every weight and measure possessed, offered, or exposed for sale. The Secretary shall inspect and test every weight and measure commercially used […]
Section 11-204.1 – Testing for Conformity With National Conference on Weights and Measures Requirements
(a) The Secretary may establish a program to test any weight and measure to determine if it conforms to the requirements of the National Conference on Weights and Measures. (b) The Secretary may: (1) Issue a certificate of approval to any person for a weight and measure that meets the requirements of this section; (2) Deny or revoke a […]
Section 11-204.2 – Registration Required
(a) Except as provided in subsection (b) of this section, unless registered with the Secretary under § 11-204.3 or § 11-204.4 of this subtitle, a weight and measure may not be used or possessed for current use for: (1) Buying or selling any commodity or object; (2) Hire or award; (3) Computing any charge or payment for services rendered […]
Section 11-204.3 – Application for Registration
An applicant for a registration shall: (1) Submit to the Secretary an application on the form that the Secretary provides; and (2) Pay to the Secretary the appropriate registration fee established in § 11-204.7 of this subtitle.
Section 11-204.4 – Term and Renewal of Registration; Display; Transfer
(a) Unless a registration for a weight and measure is renewed for a 1-year term, the license expires 1 year from the effective date of the registration. (b) Before a registration for a weight and measure expires, the registration may be renewed for an additional 1-year term, if the applicant: (1) Is the owner or possessor of a […]
Section 11-204.5 – Denial, Suspension or Revocation of Registration
Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if: (1) The weight and measure does not meet the requirements of this title; or (2) An owner or possessor uses the weight and measure in violation of this title or in violation of […]
Section 11-204.6 – Weights and Measures Fund
(a) (1) There is a “Weights and Measures Fund”. (2) All fees collected under §§ 11–204.3, 11–204.4, and 11–204.7 of this subtitle shall be credited to the Fund. (3) The Fund shall be used to defray the expenses of administering this title. (b) (1) The Fund shall be used for the purposes stated in this title. (2) At the end of a […]
Section 11-204.7 – Fees for Registration
The fees for registering each weight and measure used for commercial purposes under this subtitle are as follows: (1) Scales with a capacity of up to 100 pounds (maximum fee per business location: $375) $20 for each scale, plus $50 for each business location; (2) Scales with a capacity of more than 100 pounds, up to 2,000 […]
Section 11-205 – Testing Standards Used by Servicemen or Service Agencies
The Secretary shall test the standards of weights and measures and other appropriate equipment possessed and used by any serviceman and any service agency engaged in the maintenance and repair of weighing and measuring devices. He shall charge reasonable testing fees.
Section 11-206 – Investigations; Recognized Sampling Procedures; Prima Facie Evidence
(a) The Secretary may investigate any complaint of any violation of this title. Upon his own initiative, the Secretary also may conduct any investigation he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determinations and on possible violations of the provisions of this title, and to promote accuracy in the determination […]
Section 11-207 – Approval and Sealing of Correct Weights and Measures; Disposition of Incorrect Weights and Measures
(a) The Secretary shall approve for use and seal or mark with the appropriate device any weight and measure that he finds to be “correct” as defined in § 11-203(d) but sealing or marking of weights and measures exempted under § 11-203 is not required. (b) The Secretary shall reject and mark or tag as “condemned for […]
Section 11-207.1 – Sale of Commercial Weights and Measures
(a) Unless it is approved by the Secretary, a person may not offer to sell or sell any commercial weight and measure in this State. (b) (1) When approving any commercial weight and measure, the Secretary shall adopt by regulation those specifications, tolerances, and other technical requirements for commercial weights and measures adopted by the National Conference on […]
Section 11-208 – Prohibited Acts
(a) A weight and measure, unless inspected and approved by the Secretary, may not be used or possessed for current use for: (1) Buying or selling any commodity or object; (2) Hire or award; (3) Computing any charge or payment for services rendered on the basis of weight and measurement; or (4) Determining any weight and measure for a charge. […]
Section 11-208.1 – Civil Penalties
(a) Instead of pursuing criminal charges provided in this article, the Secretary may impose on any person who violates this title a civil penalty of: (1) For a first violation, not more than $500; (2) For a second violation, not more than $1,000; or (3) For a third or subsequent violation, not more than $2,000. (b) Penalties collected by the […]
Section 11-209 – Off-Sale, Stop-Use, Stop-Removal, and Removal Orders
(a) If the Secretary finds that any package or amount of any commodity is possessed, offered, or exposed for sale in violation of law, the Secretary may order them off-sale and may mark or tag them to show they are illegal. (b) Whenever the Secretary finds that any violation of this subtitle or any rule or regulation […]
Section 11-210 – Police Powers, Right of Entry, Seizure and Arrest
To enforce this title, the Secretary has special police powers, may arrest any violator of this title, and seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of any commodity found to be used, retailed, offered or exposed for sale, or sold in violation of law. […]
Section 11-211 – Injunctions
The Secretary may seek an injunction to restrain a person from using any weight and measure, weighing or measuring, packaging, labeling, or otherwise operating in violation of this title or the rules and regulations adopted under it and to prevent any further and continuing violation of this title or any rule or regulation.