A. The Board may adopt regulations for the enforcement of this chapter. These regulations may include: (i) methods of sale of commodities; (ii) standards of net weight, measure, or count, and standards of fill, for any commodity in package form; (iii) standards concerning the sale and exchange of grains and other agriculture products; (iv) rules governing the technical and reporting procedures to be followed; and (v) the report and record forms and marks of approval and rejection to be used by inspectors and by sealers of weights and measures in the discharge of their official duties. The governing body of any city or county employing a sealer may provide for the technical and reporting procedures to be followed, and the report and record forms and marks of approval and rejection to be used by such sealer within such city or county, unless the Board, after a hearing and with notice to the governing body of the city or county involved, finds that such procedures and forms are inadequate to carry out the purposes of this chapter.
B. Regulations may also include: (i) exemptions from the sealing or marking requirements of § 3.2-5613 for weights and measures of such character or size that such sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question; and (ii) exemptions from the requirements of § 3.2-5609 for classes of weights and measures found to be of such character that annual retesting is unnecessary to continued accuracy, provided that such exemptions specify, in a schedule, the frequency of required retests for classes of devices so exempted.
C. Specifications, tolerances, and regulations for weights and measures of the character of those specified in § 3.2-5609, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those that: (i) are inaccurate; (ii) are, or are likely to be, faulty because their construction is such that their adjustments are insufficiently permanent or their indications will not repeat correctly; or (iii) facilitate the perpetration of fraud.
Code 1950, §§ 3-708.8, 59-82; 1962, c. 298; 1966, c. 702, § 3.1-926; 1993, c. 604; 2008, c. 860.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 56 - Weights and Measures
§ 3.2-5600. Definitions generally
§ 3.2-5601. Powers and duties of Commissioner
§ 3.2-5602. Commissioner to test accuracy of point-of-sale systems
§ 3.2-5604. State standards of weight and measure
§ 3.2-5605. Office standards and field standards
§ 3.2-5607. The Board may adopt regulations
§ 3.2-5608. Testing and inspection of standards procured by cities and counties
§ 3.2-5609. Testing and inspection of weights and measures offered for sale or commercially used
§ 3.2-5610. Investigations by Commissioner
§ 3.2-5614. Police powers of Commissioner
§ 3.2-5617. Powers and duties of sealers and deputies
§ 3.2-5618. Standards, equipment, and office space for sealers
§ 3.2-5620. Specifications and tolerances for weighing and measuring devices
§ 3.2-5621. Rejected weights and measures
§ 3.2-5622. How certain commodities to be sold
§ 3.2-5623. Information to be shown on packages
§ 3.2-5624. Certain packages to show price per single unit of weight, measure, or count
§ 3.2-5625. Misleading containers prohibited; contents of container not to fall below standard
§ 3.2-5626. Advertisement of commodities in package form
§ 3.2-5627. Pricing of retail merchandise
§ 3.2-5628. Weights and Measures Fund established; purpose
§ 3.2-5629. Fees and other moneys received
§ 3.2-5630. Violations of pricing requirements
§ 3.2-5631. Representations as to price; signs advertising price of petroleum products
§ 3.2-5632. Failure to pay advertised cash discount
§ 3.2-5633. Commissioner to receive enforcement authority for the Stage II Vapor Recovery Programs
§ 3.2-5634. Meat, poultry, and seafood
§ 3.2-5635. Bulk sale and delivery of commodities
§ 3.2-5636. Scale house in establishment where livestock is bought from producers
§ 3.2-5637. Type registering weighbeams or automatic weight recorders required
§ 3.2-5638. Weight of livestock to be determined on date of sale
§ 3.2-5639. Announcement of day and hour of livestock sale
§ 3.2-5640. Certain merchants to provide scales for use of customers
§ 3.2-5642. Determining number of board feet in tree or log
§ 3.2-5643. Obstructing Commissioner or sealers; penalty
§ 3.2-5644. Impersonating Commissioner or sealer
§ 3.2-5645. Certain acts declared misdemeanors
§ 3.2-5646. Civil penalties; suit to enjoin violation; compromise
§ 3.2-5647. Warning instead of report of violation
§ 3.2-5648. Presumptive proof of use of weight, measure or weighing or measuring device