North Carolina General Statutes Chapter 81A Weights and Measures Act of 1975

Article 1 - Administration of Chapter.

N.C. Gen. Stat. § 81A-1. Weights and measures program provided for
In order to protect the purchasers or sellers of any commodity, and to provide uniform standards of weight and uniform standards of measure throughout...
N.C. Gen. Stat. § 81A-2. Administration of these Articles
The provisions of this Chapter shall be administered by the Commissioner or his authorized agent. For the purpose of administering and giving effect to...
N.C. Gen. Stat. § 81A-3. Systems of weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized,...
N.C. Gen. Stat. § 81A-4. Board of Agriculture authorized to establish standards of weights and measures for commodities having none
The Board of Agriculture is authorized and directed and empowered to establish standards of weights and measures for any commodity if no standard has...
N.C. Gen. Stat. § 81A-5. Employment of Director of Weights and Measures and authorized agents
The Commissioner may employ a Director of Weights and Measures and such other employees as may be necessary in carrying out the provisions of...
N.C. Gen. Stat. § 81A-6. Salaries and expenses
The Commissioner shall request sufficient funds for the proper administration of the duties prescribed in this Chapter. (1927, c. 261, s. 5; 1931, c....
N.C. Gen. Stat. § 81A-7. Local inspection of weights and measures
When any city or county appoints a local inspector of weights and measures, the appointment and regulation of his work must be pursuant to...
N.C. Gen. Stat. § 81A-8. Standards of weights and measures
Weights and measures that are traceable to the U.S. Prototype Standards supplied by the United States, or approved as being satisfactory by the National...
N.C. Gen. Stat. § 81A-9. Definitions
The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following...
N.C. Gen. Stat. § 81A-10. Reimbursement of expenses
When any manufacturer requests prototype approval of any commercial weighing or measuring device, said manufacturer shall reimburse the Department of Agriculture and Consumer Services...
N.C. Gen. Stat. § 81A-11. Repealed by Session Laws 2005-276, s. 42.1(h), effective September 1, 2005
N.C. Gen. Stat. § 81A-12. Fee schedule
The following fees apply to all weights that are tested and certified to meet tolerances less stringent than the American Society for Testing and...
N.C. Gen. Stat. § 81A-13. Reserved for future codification purposes
N.C. Gen. Stat. § 81A-14. Reserved for future codification purposes

Article 2 - Powers and Duties of Commissioner.

N.C. Gen. Stat. § 81A-15. General duties
The Commissioner shall: (1) Have and keep general supervision of commercial weighing and measuring devices offered for sale, sold or used in the State....
N.C. Gen. Stat. § 81A-16. Police powers
When necessary for the enforcement of this Chapter or regulations promulgated pursuant thereto the Commissioner or his authorized agent is: (1) Authorized to enter...
N.C. Gen. Stat. § 81A-17 through 81A-21. Reserved for future codification purposes

Article 3 - Violations.

N.C. Gen. Stat. § 81A-22. Misrepresentation of quantity
No person shall sell, offer or expose for sale less than the quantity he represents. No buyer shall take more than the quantity he...
N.C. Gen. Stat. § 81A-23. Misrepresentation of pricing
No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor...
N.C. Gen. Stat. § 81A-24. Commodities to be sold by weight, measure or numerical count
It shall be unlawful to sell, except for immediate consumption by the purchaser, on the premises of the seller, liquid commodities in any other...
N.C. Gen. Stat. § 81A-25. Unlawful for package to mislead purchaser
It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity in package form when...
N.C. Gen. Stat. § 81A-26. Sale from bulk
(a) Whenever the quantity is determined by the seller, bulk sales in excess of twenty dollars ($20.00) and all bulk deliveries of heating fuel...
N.C. Gen. Stat. § 81A-27. Information required on packages
Except as otherwise provided in this Chapter or by regulations promulgated pursuant thereto, any package kept for the purpose of sale or offered or...
N.C. Gen. Stat. § 81A-28. Declarations of unit price on random packages
In addition to the declarations required by G.S. 81A-27, any package being one of a lot containing random weights of the same commodity and...
N.C. Gen. Stat. § 81A-29. Offenses and penalties
Any person who violates any provision of this section or any provision of this Chapter or regulations promulgated pursuant thereto for which a specific...
N.C. Gen. Stat. § 81A-30. Injunction
The Commissioner or his authorized agent is authorized to apply to any court of competent jurisdiction for a temporary restraining order or a preliminary...
N.C. Gen. Stat. § 81A-30.1. Civil penalties
A civil penalty of not more than five thousand dollars ($5,000) for each violation may be assessed by the Commissioner against any person who...
N.C. Gen. Stat. § 81A-31. Presumptive evidence
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying...
N.C. Gen. Stat. § 81A-32 through 81A-36. Reserved for future codification purposes

Article 4 - Uniform Weights and Measures.

N.C. Gen. Stat. § 81A-37 through 81A-40. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-41. Repealed by Session Laws 1999-44, s. 1
N.C. Gen. Stat. § 81A-42. Standard weights and measures
Whenever any commodity named in this section shall be quoted or sold by the bushel, the bushel shall be the number of pounds stated...
N.C. Gen. Stat. § 81A-43. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-44. Repealed by Session Laws 1999-44, s. 2
N.C. Gen. Stat. § 81A-45 through 81A-49. Reserved for future codification purposes

Article 5 - Public Weighmasters.

N.C. Gen. Stat. § 81A-50. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-50.1. Purpose
This Article licenses and regulates public weighmasters in order to ensure accurate quantities of products upon sale to purchasers. (1981, c. 607, s. 3.)
N.C. Gen. Stat. § 81A-51. Definitions
For purposes of this Article, the following words, terms and phrases are defined as follows: (1) "Board" means North Carolina Board of Agriculture. (2)...
N.C. Gen. Stat. § 81A-52. License
All public weighmasters shall be licensed. Any person not less than 18 years of age who wishes to be a public weighmaster shall apply...
N.C. Gen. Stat. § 81A-53. Certificates of weight
All public weighmasters shall issue certificates of weight, measure, count, reading or recording on forms approved by the Commissioner and shall enforce the provisions...
N.C. Gen. Stat. § 81A-54. Official seal of the public weighmaster
It shall be the duty of every public weighmaster to obtain from the Department an official seal for the sum of six dollars ($6.00),...
N.C. Gen. Stat. § 81A-55. Violations by public weighmasters; by others; penalties
(a) Any public weighmaster who refuses to issue a certificate as prescribed by this Article, or who issues a certificate giving a false weight,...
N.C. Gen. Stat. § 81A-56 through 81A-57. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-58. Duty of custodian of product
If any product is to be offered for sale, or is sold, and is weighed or measured or counted by any public weighmaster and...
N.C. Gen. Stat. § 81A-59. Weighing tobacco
All leaf tobacco offered for sale in a leaf tobacco warehouse in North Carolina shall remain in the custody of the warehouse operator from...
N.C. Gen. Stat. § 81A-60. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-61. Approval of devices used
When making a weight determination, a public weighmaster shall use a weighing device that is of a type suitable for the weighing of the...
N.C. Gen. Stat. § 81A-62 through 81A-64. Repealed by Session Laws 1981, c. 607, s. 2
N.C. Gen. Stat. § 81A-65 through 81A-69. Reserved for future codification purposes

Article 6 - Scale Technician.

N.C. Gen. Stat. § 81A-70. Purpose of Article
The purpose of this Article shall be to protect the owners and users of scales and weighing devices in their needs for scale repair...
N.C. Gen. Stat. § 81A-71. Prerequisites for scale technician
It shall be unlawful for any scale technician to render service as a scale technician until after he or she has compiled with the...
N.C. Gen. Stat. § 81A-72. Registration; certificate of registration; annual renewal
The Commissioner or his authorized agent shall register any person who has complied with the requirements of this Article by making a record of...
N.C. Gen. Stat. § 81A-73. Service certificate
Whenever any service is rendered on any scale or weighing device used or intended to be used in this State by a scale technician,...
N.C. Gen. Stat. § 81A-74. Repealed by Session Laws 1983, c. 111, s. 5
N.C. Gen. Stat. § 81A-75. Scale removal
When a scale or weighing device is removed from the premises where located by a scale technician, the scale technician or his servant or...
N.C. Gen. Stat. § 81A-76. Control of condemned or rejected scale
It shall be unlawful for any owner of a scale or weighing device which has been condemned or rejected by the Commissioner or his...
N.C. Gen. Stat. § 81A-77. Secondhand scale
It shall be unlawful for any person to sell, or offer for sale, or put into use, a secondhand or rebuilt or reconditioned scale...
N.C. Gen. Stat. § 81A-78. Scale location
It shall be unlawful for any scale or weighing device to be installed, set up, put into service, or used on a foundation or...
N.C. Gen. Stat. § 81A-79. Exemption
The provisions of this Article shall not prohibit the user of a scale or weighing device from employing some person other than a scale...
N.C. Gen. Stat. § 81A-80. Suspension or revocation of registration; penalty
(a) The Commissioner may suspend or revoke the registration of any scale technician who violates any provisions of this Article or regulations adopted thereunder...
N.C. Gen. Stat. § 81A-81 through 81A-85. Reserved for future codification purposes

Article 7 - General Provisions.

N.C. Gen. Stat. § 81A-86. Regulations to be unaffected by repeal of prior enabling statute
The adoption of this Chapter or any of its provisions shall not affect any regulations promulgated pursuant to the authority of any earlier enabling...
N.C. Gen. Stat. § 81A-87. Severability provision
If any provision of this Chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of...
N.C. Gen. Stat. § 81A-88. Repeal of conflicting laws
All laws and parts of laws contrary to or inconsistent with the provisions of this Chapter are repealed except as to offenses committed, liabilities...

Last modified: March 23, 2014