27.0605 Director-Powers and duties.

Cite as [A.S.C.A. § 27.0605]

The Director may:

(1) maintain traceability of the Territory standards to the National Bureau of Standards;

(2) enforce the provisions of this chapter;

(3) issue reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law;

(4) establish standards of weight, measure, or count, reasonable standards of fill, and standards for presentation of cost per unit information for any packaged commodity;

(5) grant any exemptions from the provision of this chapter or any regulations promulgated pursuant thereto, when appropriate to the maintenance of good commercial practices and existing local customs within the Territory;

(6) conduct investigations to ensure compliance with this chapter;

(7) delegate to appropriate personnel any of these responsibilities for proper administration of his office;

(8) inspect and test weights and measures kept, offered, or exposed for sale;

(9) inspect and test to ascertain if they are correct, weights and measures commercially used:

(A) in determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or

(B) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count;

(10) test all weights and measures used in checking the receipt or disbursement of supplies in every institution, for the maintenance of which funds are appropriated by the Legislature of the Territory;

(11) approve for use, and mark, such weights and measures as he finds to be correct, and reject and mark as rejected such weights and measures as he finds to be incorrect; weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized; the Director shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct;

(12) weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this chapter or regulations promulgated pursuant thereto; in carrying out the provisions of this section, the Director shall employ recognized sampling procedures such as designated by the National Bureau of Standards or other recognized system;

(13) prescribe, by regulation the appropriate term or unit of weight or measure to be used, whenever he determines in the case of a specific commodity that an existing practice of declaring those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce;

(14) allow reasonable variations from the stated quantity of contents, which shall include the quantity by weight, measure, numerical count, or combination thereof, does not facilitate value comparison by consumers, or offers an opportunity for consumer confusion;

(15) establish fees for inspection of weights and measures.

History: 1973, PL 13-16 § 1.