§ 81A-30 – Injunction.
81A-30. Injunction. The Commissioner or his authorized agent is authorized to apply to any court of competent jurisdiction for a temporary restraining order or a preliminary or permanent injunction restraining any person from violating any provision of this Chapter. (1975, c. 544.)
§ 81A-30.1 – Civil penalties.
81A-30.1. Civil penalties. A civil penalty of not more than five thousand dollars ($5,000) for each violation may be assessed by the Commissioner against any person who willfully violates this Chapter. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation. No civil penalty […]
§ 81A-31 – Presumptive evidence.
81A-31. Presumptive evidence. 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 used for the business […]
§ 81A-9 – Definitions.
81A-9. Definitions. The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings: (1) Adjustment. – "Adjustment" is an act involving the tightening or loosening, or lengthening or shortening, or movement, of any part of a weighing or measuring device, or […]
§ 81A-10 – Reimbursement of expenses.
81A-10. Reimbursement of expenses. When any manufacturer requests prototype approval of any commercial weighing or measuring device, said manufacturer shall reimburse the Department of Agriculture and Consumer Services for expenses incurred in the prototype examination of the device before final prototype approval is granted. Travel expenses shall be at the rates established by G.S. 138-6 […]
§ 81A-12 – Fee schedule.
81A-12. Fee schedule. The following fees apply to all weights that are tested and certified to meet tolerances less stringent than the American Society for Testing and Materials (ASTM) Standard E617 Class 4. This includes the National Institutes of Standards and Technology (NIST) Class F tolerance. If the weight error exceeds three-fourths of the applicable […]
§ 81A-15 – General duties.
81A-15. General duties. The Commissioner shall: (1) Have and keep general supervision of commercial weighing and measuring devices offered for sale, sold or used in the State. (2) Upon written request from any person or educational institution in the State test or cause to be tested, or calibrate, weights, measures and weighing and measuring devices […]
§ 81A-16 – Police powers.
81A-16. Police powers. When necessary for the enforcement of this Chapter or regulations promulgated pursuant thereto the Commissioner or his authorized agent is: (1) Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, he shall first present his credentials and obtain […]
§ 81A-22 – Misrepresentation of quantity.
81A-22. Misrepresentation of quantity. No person shall sell, offer or expose for sale less than the quantity he represents. No buyer shall take more than the quantity he represents when he furnishes the weight or measure by means of which the quantity of any commodity, thing or service is determined. (1927, c. 261, s. 19; […]
§ 81A-5 – Employment of Director of Weights and Measures and authorized agents.
81A-5. Employment of Director of Weights and Measures and authorized agents. The Commissioner may employ a Director of Weights and Measures and such other employees as may be necessary in carrying out the provisions of this Chapter and he may fix and regulate their duties. All authority vested in the Commissioner by virtue of the […]