§ 47-26-901. Short Title

This part may be cited as “Testing and Sealing — Use of Weights and Measures.”

§ 47-26-902. Part Definitions

As used in this part, unless the context otherwise requires: “Accurate” means a piece of equipment when its performance or value—that is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc., as determined by tests, made with suitable standards—conforms to the standard within the applicable tolerances and other performance requirements. […]

§ 47-26-903. Systems of Weights and Measures

The system of weights and measures in customary use in the United States and the International System of Units (SI), the modernized metric system of weights and measures, are jointly recognized and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of […]

§ 47-26-904. Primary Standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology (NIST), shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the NIST. The primary […]

§ 47-26-905. Secondary and Field Standards

The commissioner may acquire by purchase at least one set of copies of the primary standards to be kept in a place designated by the commissioner and to be known as secondary standards, and also such field standards and other equipment as may be found necessary to carry out this part. The secondary standards and […]

§ 47-26-906. State Sealer of Weights and Measures — Supervision of Local Sealers

The commissioner shall be the state sealer of weights and measures and shall have the custody of the primary standards of weights and measures and of the other standards and equipment provided for in this part. The commissioner has the general supervision over city sealers of weights and measures, county sealers of weights and measures, […]

§ 47-26-907. Technical Requirements for Weighing and Measuring Devices, Packaging and Labeling, Method of Sale of Commodities, and Type Evaluation

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” and supplements thereto or […]

§ 47-26-908. State Weights and Measures Agency

There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state: Assuring that weights and measures in commercial service within the state are suitable for their intended use, […]

§ 47-26-909. Powers and Duties of the Commissioner

The commissioner shall: Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology; Enforce this part; Issue reasonable regulations for the enforcement of this part, which regulations shall have the force and effect of law; Establish labeling requirements, establish standards of weight, measure, or […]

§ 47-26-910. Special Powers

When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is: Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner’s credentials and obtain […]

§ 47-26-911. Powers and Duties of Local Officials

The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure […]

§ 47-26-912. Misrepresentation of Quantity

No person shall: Sell, or expose for sale less than the quantity represented; Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or Represent the quantity in any manner calculated or tending to mislead or in any way deceive another […]

§ 47-26-913. Misrepresentation of Pricing

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

§ 47-26-914. Method of Sale

Except as otherwise provided by the commissioner, or by firmly established trade custom and practice: Commodities in liquid form shall be sold by liquid measure or by weight; and Commodities not in liquid form shall be sold by weight, by measure, or by count. The method of sale shall provide accurate and adequate quantity information […]

§ 47-26-915. Sale From Bulk

All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following information: The name and address of the buyer and […]

§ 47-26-916. Information Required on Packages

Except as otherwise provided in this part or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: The identity of the commodity […]

§ 47-26-917. Declaration of Unit Price on Random Weight Packages

In addition to the declarations required by § 47-26-916, any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound […]

§ 47-26-918. Misleading Packaging Prohibited — Standard of Fill

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package and the contents of a container shall not fall below such reasonable standard of fill as may have been […]

§ 47-26-919. Advertising

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be included as part of the declaration required under this section […]

§ 47-26-920. Meat, Poultry, Seafood

All meat, meat products, poultry, fish and seafood offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight unless otherwise designated by regulation.