2013 Maryland Code
AGRICULTURE
§ 11-204 - Inspections and testing generally

§11-204.

(a) Upon the request of any competent State authority, the Secretary may inspect and test any weight and measure.

(b) Unless otherwise provided, the Secretary may inspect and test to ascertain if they are correct, every weight and measure possessed, offered, or exposed for sale. The Secretary shall inspect and test every weight and measure commercially used in determining:

(1) The weight, measurement, or count of any commodity sold, or offered or exposed for sale, on the basis of weight, measure, or count;

(2) Any charge or payment for services rendered on the basis of weight, measure, or count; and

(3) Weight, measurement, or count when a charge is made for the determination.

(c) The Secretary may test with representative samples any single-service device or mass-produced device. The lot of which any sample is representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. For the purposes of this section, a single-service device is a device designed to be used commercially only once and then discarded; and a mass-produced device is a device produced by means of a mold or die and not susceptible of individual adjustment.

(d) The Secretary shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when performing weights and measures inspections at gasoline retailing operations.

§ 11-204 - 1. Testing for conformity with National Conference on Weights and Measures requirements

(a) Program authorized. -- The Secretary may establish a program to test any weight and measure to determine if it conforms to the requirements of the National Conference on Weights and Measures.

(b) Authority of Secretary. -- The Secretary may:

(1) Issue a certificate of approval to any person for a weight and measure that meets the requirements of this section;

(2) Deny or revoke a certificate of approval if the Secretary determines that:

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

(ii) The weight and measure does not conform to the requirements of this section; and

(3) Charge the appropriate fee established under subsection (e) of this section in order to cover the cost of inspecting or testing any weight and measure as provided by this section.

(c) Weight and Measure Testing Fund. -- There is a Weight and Measure Testing Fund within the Maryland Department of Agriculture. The Fund is a special fund established for the purpose of paying the expenses incurred in testing and approving any weight and measure as provided under this section. Unspent portions of the Fund shall revert to the General Fund of the State.

(d) Prohibited acts. -- Unless issued a certificate of approval from the Secretary, a person may not represent any weight and measure as approved under this section.

(e) Fees. --

(1) The Secretary shall establish by regulation fees for services performed under this section to provide type evaluation and other testing, and for the use of laboratory equipment, special prototype test equipment, and vehicles.

(2) In establishing fees under this section, the Secretary shall only charge a fee to cover the cost of providing the technical service or evaluation by those industries requesting the service.

§ 11-204 - 2. Registration required

(a) In general. -- Except as provided in subsection (b) of this section, unless registered with the Secretary under § 11-204.3 or § 11-204.4 of this subtitle, a weight and measure may not be used or possessed for current use for:

(1) Buying or selling any commodity or object;

(2) Hire or award;

(3) Computing any charge or payment for services rendered on the basis of weight and measurement; or

(4) Determining any weight and measure for a charge.

(b) Exceptions. -- This section does not apply to counting scales.

§ 11-204 - 3. Application for registration

An applicant for a registration shall:

(1) Submit to the Secretary an application on the form that the Secretary provides; and

(2) Pay to the Secretary the appropriate registration fee established in § 11-204.7 of this subtitle.

§ 11-204 - 4. Term and renewal of registration; display; transfer

(a) Expiration. -- Unless a registration for a weight and measure is renewed for a 1-year term, the license expires 1 year from the effective date of the registration.

(b) Renewal. -- Before a registration for a weight and measure expires, the registration may be renewed for an additional 1-year term, if the applicant:

(1) Is the owner or possessor of a weight and measure;

(2) Pays the applicable fee as provided in § 11-204.7 of this subtitle; and

(3) Submits to the Secretary a renewal application on a form that the Secretary provides.

(c) Display. -- The owner or possessor of a weight and measure shall display the registration conspicuously at each place of business where the weight and measure is located.

(d) Transfer. -- If the weight and measure is sold, transferred, or moved to a new location, the owner or possessor of a weight and measure shall notify the Secretary.

§ 11-204 - 5. Denial, suspension or revocation of registration

Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if:

(1) The weight and measure does not meet the requirements of this title; or

(2) An owner or possessor uses the weight and measure in violation of this title or in violation of any regulation adopted by the Secretary under this title.

§ 11-204 - 6. Weights and Measures Fund

(a) In general. --

(1) There is a "Weights and Measures Fund".

(2) All fees collected under §§ 11-204.3, 11-204.4, and 11-204.7 of this subtitle shall be credited to the Fund.

(3) The Fund shall be used to defray the expenses of administering this title.

(b) Purposes; reversion. --

(1) The Fund shall be used for the purposes stated in this title.

(2) At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State, but shall remain in the Weights and Measures Fund.

§ 11-204 - 7. Fees for registration

The fees for registering each weight and measure used for commercial purposes under this subtitle are as follows:

(1) Scales with a capacity of up to 100 pounds (maximum fee per business
location: $ 375)...........................................................$ 20

for each scale, plus $ 50 for each business location;

(2) Scales with a capacity of more than 100 pounds, up to 2,000 pounds....
..........................................................................$ 60;

(3) Scales with a capacity of more than 2,000 pounds.................$ 100;

(4) Belt conveyor scales.............................................$ 300;

(5) Railroad track scales............................................$ 300;

(6) Vehicle scales...................................................$ 250;

(7) Grain moisture meter.............................................$ 100;

(8) Retail motor fuel dispenser meter of under 20 gallons per minute......
.......................................................................$ 12.50;

for each meter, plus $ 50 for each business location;

(9) Retail motor fuel dispenser meter of 20 gallons per minute or more....
..........................................................................$ 45;

(10) Bulk petroleum fuel meter of 20 gallons per minute, up to 150 gallons
per minute................................................................$ 50;

(11) Bulk petroleum fuel meter of 150 gallons per minute or more......$ 85;

(12) Liquefied petroleum gas meters...............................$ 75; and

(13) Point of sale system, as defined by the National Institute of
Standards and Technology (NIST) Handbook 44, connected to a weighing or
measuring device (per business location).................................$ 100.