The Commissioner shall, on a periodic basis as he deems necessary, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the Commissioner may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the Commissioner may employ sampling and testing procedures as adopted by the National Conference on Weights and Measures, and published in National Institute of Standards and Technology Handbook 133, "Checking the Net Contents of Packaged Goods," and supplements thereto, or in any publication revising, supplementing, or superseding Handbook 133, for the inspection of packaged commodities in the Commonwealth, except insofar as modified or rejected by regulation. The procedures will determine compliance of a given lot of packages on the basis of the result obtained on a composite sample selected from, and representative of, such lot. No person shall: (i) sell, keep, offer, or expose for sale, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all requirements of this chapter; or (ii) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section, and that has not been brought into compliance with the requirements of this chapter, in any manner except with the specific approval of the Commissioner.
Code 1950, § 3-708.14; 1962, c. 298; 1966, c. 702, § 3.1-932; 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