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2005 SESSION
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.