2013 Maryland Code
AGRICULTURE
§ 11-207 - Approval and sealing of correct weights and measures; disposition of incorrect weights and measures

§11-207.

(a) The Secretary shall approve for use and seal or mark with the appropriate device any weight and measure that he finds to be “correct” as defined in § 11-203(d) but sealing or marking of weights and measures exempted under § 11-203 is not required.

(b) The Secretary shall reject and mark or tag as “condemned for repair”, in a manner to preclude further use, any weight and measure he finds to be “incorrect” as defined in § 11-203(d), but which he determines can be repaired satisfactorily. He shall condemn and may seize and destroy weights and measures found to be incorrect which he determines cannot be repaired satisfactorily. The owners or users of weights and measures condemned for repair shall have them made correct within a reasonable period specified by the Secretary, or may dispose of them in a manner specifically authorized by the Secretary.

(c) Weights and measures which have been condemned for repair may not be used commercially until reexamined by the Secretary and found to be correct, until the Secretary issues written permission for use, or until the weight or measure is adjusted, repaired, and determined to be “correct” by some person authorized by rule or regulation of the Secretary. Any weights and measures condemned for repair may be confiscated by the Secretary if not corrected as required by this section or if used or disposed of contrary to the requirements of this section.

(d) Owners and users of weights and measures used commercially, as indicated in § 11-204(b), shall take adequate precautions, consistent with degree of use and environment, to insure that they are “correct” as defined in § 11-203(d).

§ 11-207 - 1. Sale of commercial weights and measures

(a) Approval required. -- Unless it is approved by the Secretary, a person may not offer to sell or sell any commercial weight and measure in this State.

(b) Specifications, tolerances and other technical requirements. --

(1) When approving any commercial weight and measure, the Secretary shall adopt by regulation those specifications, tolerances, and other technical requirements for commercial weights and measures adopted by the National Conference on Weights and Measures and specified in the National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3, as amended.

(2) These specifications, tolerances, and other technical requirements shall remain in effect unless modified or rescinded by the Secretary.

(c) Denial or revocation of approval. -- The Secretary may deny or revoke any approval if the Secretary determines that:

(1) A person has provided false or misleading information to the Secretary about any weight and measure; or

(2) The weight and measure does not conform to the requirements of this section.

(d) Applicability. -- This section does not apply to:

(1) Any commercial weight and measure manufactured before October 1, 1992;

(2) Any counting scale;

(3) The sale of any weight or measure that has previously been approved by the Secretary; or

(4) Any noncommercial weight and measure sold in the State.