VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2005 SESSION

• history | hilite | pdf | print version

CHAPTER 850 An Act to amend and reenact §§ 3.1-928, 3.1-969.10, and 3.1-969.12 of the Code of Virginia, relating to weights and measures; inspections. [H 2837] Approved March 26, 2005  

Be it enacted by the General Assembly of Virginia:

1.  That §§ 3.1-928, 3.1-969.10, and 3.1-969.12 of the Code of Virginia are amended and reenacted as follows:

§ 3.1-928. Testing and inspection of weights and measures offered for sale or commercially used.

A. When not otherwise provided by law, the Commissioner shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Commissioner, within a twelve-month period, or less frequently if in accordance with a schedule issued by the Board, and as much oftener as he may deem necessary, to inspect and test on a periodic basis as he deems necessary, to ascertain if they are correct, all weights and measures commercially used (i) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count or (ii) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. However, with respect to any single-service devices and any uniformly mass-produced devices, a test may be made on representative samples of such devices; and any lot of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples. As used in this chapter, "single-service devices" means any devices designed to be used commercially once and then discarded. "Uniformly mass-produced devices" includes, but is not limited to, any devices made by means of a mold or die, and not susceptible to individual adjustment.

B. The Commissioner of Agriculture and Consumer Services shall submit a report by October 1 of each year to the Chairmen of the Senate Committee on Finance and the Senate Committee on Agriculture, Conservation and Natural Resources, and the Chairmen of the House Appropriations Committee and House Committee on Agriculture, Chesapeake and Natural Resources on the testing and inspection activities of the Department of Agriculture and Consumer Services weights and measures program including the number and frequency of inspections for the weights and measures devices.

§ 3.1-969.10. Service of weights and measures; repair.

A. Any registered service agency or any certified service technician in the employ of the service agency may: (i) place into service, subject to an random official inspection, a new or used weight or measure and (ii) following corrective repair, remove any rejection tag or condemnation tag and return the weight or measure to service, subject to an official inspection.

B. A service agency or service technician in the employ of the service agency exercising authority under subsection A of this section shall adjust any weight or measure governed by subsection A as closely as practicable to zero error.

§ 3.1-969.12. Service report.

Every service agency shall furnish each service technician in its employ with a supply of report forms entitled "Placed into Service Report" prescribed by the Commissioner. Within forty-eight 48 hours after its service technician has placed in or restored to service a weight or measure, the service agency shall provide to the Commissioner a fully executed Placed into Service Report, together with any rejection tag or condemnation tag removed from the weight or measure. The service agency shall provide a copy of the fully executed Placed into Service Report to the owner or operator of the weight or measure and shall retain for a period of one year, reckoned from the date of execution, a copy of the fully executed Placed into Service Report, which is subject to inspection by the Commissioner. The Commissioner may accept the Placed into Service Report as sufficient to meet the statutory testing and inspection requirements in § 3.1-928.