(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).
Structure Maryland Statutes
Title 11 - Weights and Measures
Subtitle 2 - General Powers and Duties of Secretary and Local Inspectors
Section 11-201 - Administration
Section 11-202 - General Powers and Duties of Secretary
Section 11-204 - Inspections and Testing Generally
Section 11-204.2 - Registration Required
Section 11-204.3 - Application for Registration
Section 11-204.4 - Term and Renewal of Registration; Display; Transfer
Section 11-204.5 - Denial, Suspension or Revocation of Registration
Section 11-204.6 - Weights and Measures Fund
Section 11-204.7 - Fees for Registration
Section 11-205 - Testing Standards Used by Servicemen or Service Agencies
Section 11-206 - Investigations; Recognized Sampling Procedures; Prima Facie Evidence
Section 11-207.1 - Sale of Commercial Weights and Measures
Section 11-208 - Prohibited Acts
Section 11-208.1 - Civil Penalties
Section 11-209 - Off-Sale, Stop-Use, Stop-Removal, and Removal Orders
Section 11-210 - Police Powers, Right of Entry, Seizure and Arrest