Section 111 – Enforcement powers of department.

• (1) For the purpose of enforcing this chapter, the department may:
  • (a) enter any commercial premises during normal working hours after the presentation of credentials;
  • (b) issue in writing a “stop-use, hold, or removal order” with respect to any weights or measures commercially used or a “stop sale, use, or removal order” with respect to any packaged commodity or bulk commodity offered for sale;
  • (c) seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter;
  • (d)
    • (i) seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or
    • (ii) upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and
  • (e) stop any commercial vehicle and after presenting credentials:
    • (i) inspect its contents;
    • (ii) require the person in charge of the vehicle to produce any documents in his possession concerning the contents; or
    • (iii) require the person in charge of the vehicle to proceed with the vehicle to some specified place for inspection.

• (2) If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release.

• (3) A bond may not be required of the department in any injunctive proceeding brought under this section.

Renumbered and Amended by Chapter 345, 2017 General Session