The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale. The department may, as often as it considers necessary, cause to be inspected and tested, to ascertain if they are correct, all weights and measures commercially used for one or more of the following purposes:
(1) Determining the weight, measurement or count of commodities or things sold, offered or exposed for sale, on the basis of weight, measure or count.
(2) Computing the basic charge or payment for services rendered on the basis of weight, measure or count. However, the department by rule may provide for tests to be made on representative samples of such devices. The lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspection and tests on such samples.
(3) Determining quantities or amounts when a charge is made for such determination. However, in the case of single-service devices designed to be used commercially only once and to be then discarded, or devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing of each individual device is not required and the inspecting and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of such devices. The lots of which 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. [1973 c.293 §8; 1977 c.132 §5; 2005 c.22 §419]
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