§ 2901.04. Right to examine; marking of commodities in violation of requirements.

The sealer of weights and measures may examine and in the process of examination may:

(a)

Approve for use, and may mark, such weights and measures as are found to be correct, and shall reject and mark as rejected such weights and measures as are found 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 sealer shall condemn and may seize the weights and measures found to be incorrect that are not capable of being made correct.

(Ord. 1584-86.)

(b)

Inspect weight, measures, 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 code or regulations promulgated pursuant thereto. In carrying out the provisions of this section, the sealer shall employ recognized sampling procedures, such as are designated in National Institute of Standards and Technology Handbook 67, "Checking Prepackaged Commodities," or in National Institute of Standards and Technology Handbook 133, "Checking the Net Contents of Packaged Goods."

(Ord. 346-89.)

(c)

Enforce 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 the quantity by weight, measure, numerical count, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion.

(Ord. 1584-86.)