3.2-5609 - Testing and inspection of weights and measures offered for sale or commercially used.
§ 3.2-5609. Testing and inspection of weights and measures offered for saleor commercially used.
A. When not otherwise provided by law, the Commissioner shall have the powerto inspect and test, to ascertain if they are correct, all weights andmeasures kept, offered, or exposed for sale. It shall be the duty of theCommissioner to inspect and test on a periodic basis as he deems necessary,to ascertain if they are correct, all weights and measures commercially used:(i) in determining the weight, measurement, or count of commodities or thingssold, or offered or exposed for sale, on the basis of weight, measure, or ofcount; or (ii) in computing the basic charge or payment for services renderedon the basis of weight, measure, or count. With respect to any single-servicedevices and any uniformly mass-produced devices, a test may be made onrepresentative samples of such devices; and any lot of which such samples arerepresentative shall be held to be correct or incorrect upon the basis of theresults of the inspections and tests on such samples. As used in thischapter, "single-service devices" means any devices designed to be usedcommercially once and then discarded. "Uniformly mass-produced devices"includes any devices made by means of a mold or die, and not susceptible toindividual adjustment.
B. The Commissioner shall submit a report by October 1 of each year to theChairmen of the Senate Committee on Finance and the Senate Committee onAgriculture, Conservation and Natural Resources, and the Chairmen of theHouse Appropriations Committee and House Committee on Agriculture, Chesapeakeand Natural Resources on the testing and inspection activities of theDepartment weights and measures program including the number and frequency ofinspections for the weights and measures devices.
(Code 1950, § 3-708.10; 1962, c. 298; 1966, c. 702, § 3.1-928; 1993, c. 604;2005, c. 850; 2008, c. 860.)