75-27-315 - Form of weight or measurement certificate; completion of form; false weight or measurement certificate.

§ 75-27-315. Form of weight or measurement certificate; completion of form; false weight or measurement certificate.
 

(1)  The commissioner shall prescribe the form of weight or measurement certificate to be used by all bonded weighmasters in this state. 

(2)  Such weight or measurement certificate shall include but shall not be limited to the following: 

(a) The name of the property, commodity, produce or article. 

(b) The declared owner or agent of the owner or the consignee or the agent of the consignee of the property, commodity, produce or article weighed or measured. 

(c) The accurate weight or measurement of the property, commodity, produce or article. 

(d) The means (vessel, railroad car, truck, etc.) by which the property, commodity, produce or article was being transported at the time it was weighed or measured. 

(e) Any trade or other mark of identification thereon and such other information as may be necessary to distinguish or identify the property, commodity, produce or article from a like kind.        (f)
 
A space designated for the bonded weighmaster seal and the statement "My license expires ________________ (Date)."

(g) Signature of the bonded weighmaster who weighed or measured the property, commodity, produce or article recorded on such official weight or measurement certificate. 

(h) Such additional information as the commissioner deems necessary for the lawful and accurate recording of weights or measurements. 

(3)  A licensed bonded weighmaster shall not enter on a weight or measurement certificate issued by him or her any weight or measurement values but such as he or she has personally determined, and shall make no entries on a weight or measurement certificate issued by some other person. A weight or measurement certificate shall be so prepared as to show clearly that weight, weights, measure or measurements were actually determined. If the weight certificate form provides for the entry of gross, tare and net weights, in any case in which only the gross, tare and net weights is determined by the weighmaster, he or she shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both weights were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination. 

(4)  Such weight certificate when so made, properly signed and sealed shall be prima facie evidence of the accuracy of such recorded weights or measurements. 

(5)  Bonded weighmasters shall keep and preserve in an orderly manner, for a period of at least one (1) year, a legible copy of each weight or measurement certificate issued by said licensee, which copies shall be available at all reasonable times for inspection by the commissioner or his representative. 

(6)  A bonded weighmaster who intentionally or knowingly issues a weight or measurement certificate showing a false weight or measurement for a property, commodity, produce or article shall be guilty of a misdemeanor and shall be punished as provided herein. 
 

Sources: Laws,  1982, ch. 430, § 8, eff from and after July 1, 1982.