§ 4-18-312 - Powers and duties of the State Plant Board.
               	 		
4-18-312.    Powers and duties of the State Plant Board.
    The State Plant Board shall:
      (a)  Maintain  traceability of the state standards to the national standards in the  possession of the National Institute of Standards and Technology.
      (b)  Enforce the provisions of this subchapter.
      (c)  Issue reasonable regulations for the enforcement of this subchapter, which regulations shall have the force and effect of law.
      (d)  Establish  labeling requirements, establish requirements for the presentation of  cost-per-unit information, establish standards of weight, measure, or  count, and reasonable standards of fill for any packaged commodity; and  may establish requirements for open dating information.
      (e)  Grant  any exemptions from the provisions of this subchapter or any  regulations promulgated pursuant thereto when appropriate to the  maintenance of good commercial practices within the state.
      (f)  Conduct investigations to ensure compliance with this subchapter.
      (g)  Delegate to appropriate personnel any of these responsibilities for the proper administration of this office.
      (h)  Test  annually the standards for weights and measures used by any city or  county within the state, and approve the same when found to be correct.
      (i)  Have the authority to inspect and test commercial weights and measures kept, offered, or exposed for sale.
      (j)  Inspect and test, to ascertain if they are correct, weights and measures commercially used:
            (1)  in  determining the weight, measure, or count of commodities or things  sold, or offered or exposed for sale, on the basis of weight, measure,  or count, or,
            (2)  in computing the basic charge or payment for services rendered on the basis of weight, measure, or count.
      (k)  Test  all weights and measures used in checking the receipt or disbursement  of supplies in every institution, for the maintenance of which funds are  appropriated by the General Assembly.
      (l)  Approve  for use, and may mark, such commercial weights and measures as are  found to be correct, and shall reject and order to be corrected,  replaced, or removed such commercial weights and measures as are found  to be incorrect. Weights and measures that have been rejected may be  seized if not corrected within the time specified or if used or disposed  of in a manner not specifically authorized. The board shall remove from  service and may seize the weights and measures found to be incorrect  that are not capable of being made correct.
      (m)  Weigh,  measure, or inspect packaged commodities kept, offered, or exposed for  sale, sold, or in the process of delivery, to determine whether they  contain the amounts represented and whether they are kept, offered, or  exposed for sale in accordance with this subchapter or regulations  promulgated pursuant thereto. In carrying out the provisions of this  subsection, the board shall employ recognized sampling procedures, such  as are adopted by the National Conference on Weights and Measures and  are published in the National Institute of Standards and Technology  Handbook 133, "Checking the Net Contents of Packaged Goods".
      (n)  Prescribe,  by regulation, the appropriate term or unit of weight or measure to be  used, whenever the board determines that an existing practice of  declaring the quantity of a commodity or setting charges for a service  by weight, measure, numerical count, time, or combination thereof, does  not facilitate value comparisons by consumers, or offers an opportunity  for consumer confusion.
      (o)  Allow  reasonable variations from the stated quantity of contents, which shall  include those caused by loss or gain of moisture during the course of  good distribution practice or by unavoidable deviations in good  manufacturing practice only after the commodity has entered intrastate  commerce.
      (p)  Provide for the  training of weights and measures personnel, and may also establish  minimum training and performance requirements which shall then be met by  all weights and measures personnel, whether county, municipal, or  state. The Director of the State Plant Board may adopt the training  standards of the National Conference on Weights and Measures' National  Training Program.
      (q)  Verify  advertised prices, price representations, and point-of-sale systems, as  deemed necessary, to determine: (1) the accuracy of prices and  computations and the correct use of the equipment, and (2) if such  system utilizes scanning or coding means in lieu of manual entry, the  accuracy of prices printed or recalled from a database. In carrying out  the provisions of this section, the board shall (i) employ recognized  procedures, such as are designated in National Institute of Standards  and Technology Handbook 130, Uniform Laws and Regulations, "Examination  Procedures for Price Verification," (ii) issue necessary rules and  regulations regarding the accuracy of advertised prices and automated  systems for retail price charging (referred to as "point-of-sale  systems") for the enforcement of this section, which rules shall have  the force and effect of law; and (iii) conduct investigations to ensure  compliance.