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8-16-9
Section 8-16-9 Condemnation, repair, etc., of nonstandard weights and measures. (a) The Commissioner
of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize,
and may destroy weights, measures, or weighing or measuring devices which are false, fraudulent,
or cannot be made to conform to the legal standards. They shall condemn and mark or tag as
"condemned for repairs" such weights, measures, or weighing, or measuring devices
which are found incorrect and yet, in their best judgment, may be repaired. (b) The owners
or users of any weights, measures, or weighing or measuring devices which have been condemned
for repairs shall have the same repaired and corrected within 10 days, and they may neither
use nor dispose of the same in any way, but shall hold the same at the disposal of the Commissioner
of Agriculture and Industries or local sealer of weights and measures. Any weights, measures,
or weighing or measuring devices which have been condemned for...
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8-16-7
Section 8-16-7 Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within
the state, the county sealer within the county and the city sealer within the city shall have
the power and it shall be their duty to inspect, test, try, and ascertain if they are correct
all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale,
sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption purchased or offered or submitted
for sale, hire, or reward, in computing any charge for services rendered on the basis of weight
or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect
packages or amounts of commodities of whatsoever kind...
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8-16-8
Section 8-16-8 Weights or measures corresponding with standards to be sealed or marked. Whenever
the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares
weights, measures or weighing or measuring devices and finds that they correspond, or causes
them to correspond, with the standards in his possession, he shall seal or mark such weight,
measure or weighing or measuring device with appropriate devices to be approved by the commissioner.
(Ag. Code 1927, §237; Code 1940, T. 2, §596.)...
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8-16-90
Section 8-16-90 Prohibited acts generally. Any person who, by himself or his servant or agent,
or as the servant or agent of another person, shall offer or expose for sale, sell, use in
the buying or selling of any commodity or thing or for hire or reward or in the computation
of any charge for services rendered on the basis of weight or measure when a charge is made
for such determination, retain in his possession a false weight or measure or weighing or
measuring device or any tool or appliance used in connection therewith which has not been
sealed by the Commissioner of Agriculture and Industries or by a local sealer of weights and
measures within one year, shall dispose of any condemned weight, measure or weighing or measuring
device contrary to law, remove any tag placed thereon by the commissioner or a local sealer,
who shall sell or offer or expose for sale less than the quantity he represents of any commodity,
thing or service, shall take or attempt to take more than the...
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8-16-31
Section 8-16-31 Term of office; salary; removal; bond. (a) Local sealers of weights and measures
shall hold office for such terms and receive such salaries as the appointing power may prescribe.
(b) The salary shall be paid out of the county or city treasury, as the case may be, and no
fee shall be charged by the local sealer or by the county or city for inspecting, testing
or sealing of weights, measures or weighing or measuring devices. (c) Local sealers may be
removed at any time by the authority which appointed them for nonfeasance, misfeasance or
malfeasance in office. (d) The local sealer shall forthwith on his appointment give a bond
in such penal sum with such surety as is approved by the appointing power for the faithful
performance of the duties of his office. (Ag. Code 1927, §234; Code 1940, T. 2, §593.)...
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8-16-10
Section 8-16-10 Seizure for evidence of incorrect, false, or unsealed weight, measure, device,
package, or commodity. The Commissioner of Agriculture and Industries or any local sealer
of weights and measures is authorized and empowered to seize for use as evidence, without
formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring
device, package, or amount of commodity found to be used, retained, or offered or exposed
for sale, or sold in violation of the law. (Ag. Code 1927, §239; Code 1940, T. 2, §598.)...
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8-16-1
Section 8-16-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) REGISTERED SERVICE AGENT.
Any individual, agency, firm, company, or corporation that for hire, commission, or other
payment of any kind, services, repairs, or reconditions any weighing or measuring devices,
and that registers with the Commissioner of Agriculture and Industries. (2) SELL or SALE.
Such terms shall include barter and exchange. (3) WEIGHTS, MEASURES or WEIGHING OR MEASURING
DEVICES. Such terms include all weights, scales, beams, measures of every kind, instruments
and mechanical devices for weighing, or measuring, and any appliances and accessories connected
with any or all such instruments. (Ag. Code 1927, §241; Code 1940, T. 2, §600; Act 2013-212,
p. 485, §1.)...
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8-16-6
Section 8-16-6 Duties generally of commissioner respecting weights and measures. With respect
to weights and measures, the Commissioner of Agriculture and Industries shall have the following
duties: (1) To try and prove by the state standards, at least once in five years, all weights,
measures, and other apparatus which may belong to any county or city and shall seal such when
found to be accurate, stamping on them the letter "A" and the last two figures of
the year with seals which he or she shall have and keep for that purpose. (2) To have and
keep a general supervision of the weights, measures, and weighing and measuring devices offered
for sale, sold, or in use in the state. (3) Upon the written request of any citizen, firm,
corporation, or educational institution in the state, to test or calibrate weights, measures,
weighing, or measuring devices, and instruments or apparatus used as standards in this state.
(4) To assure that at least once annually all scales, weights, and...
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8-16-13
Section 8-16-13 Existence of weights, measures or devices in place of sale, etc., presumptive
proof of use and ownership. For the purposes of this article, proof of the existence of weights,
measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle
in or from which it is shown buying or selling is commonly carried on shall be presumptive
proof of their regular use for such purposes and of their ownership by the person so using
or possessing them, and such fact shall be deemed to remain established until disproved beyond
reasonable doubt. (Ag. Code 1927, §263; Code 1940, T. 2, §619.)...
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8-16-15
Section 8-16-15 Rules and regulations; fees. (a) The Board of Agriculture and Industries shall
have the right and power to adopt and promulgate all reasonable and necessary rules and regulations
for the better enforcement of the provisions of law relative to weights and measures and the
sale of commodities, things, or service by weight or measure, and to establish a fee payable
annually by all individuals or entities subject to this section not to exceed one hundred
fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section
which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection
fee for those individuals and entities utilizing measuring devices measuring 30 pounds or
less shall be based upon a sliding scale broken into 5 categories based upon the total dollar
volume of each individual or entity with the minimum rate not to exceed twenty-five dollars
($25) and the maximum not to exceed one hundred fifty dollars...
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