§ 2633. Specific powers and duties of Secretary; rules
(a) The Secretary shall issue from time to time reasonable rules for the enforcement of
this chapter, which rules shall have the force and effect of law. The rules may include
(1) standards of net weight, measure, or count, and reasonable standards of fill,
for any commodity in package form, (2) rules governing the technical and reporting
procedures to be followed and the report and record forms and marks of approval and
rejection to be used by inspectors of weights and measures in the discharge of their
official duties, (3) exemptions from the sealing or marking requirements of section 2639 of this title with respect to weights and measures of such character or size that such sealing
or marking would be inappropriate, impracticable, or damaging to the apparatus in
question. These rules shall include specifications, tolerances, and other technical
requirements for weights and measures of the character of those specified in section 2635 of this title, designed to eliminate from use, without prejudice to apparatus that conforms as
closely as practicable to the official standards, those (1) that are not accurate,
(2) that are of such construction that they are faulty, that is, that are not reasonably
permanent in their adjustment or will not repeat their indications correctly, or (3)
that facilitate the perpetration of fraud.
(b) The specifications, tolerances, and other technical requirements for commercial, law
enforcement, data gathering, and other weighing and measuring devices, as adopted
by the National Conference on Weights and Measures and published in National Institute
of Standards and Technology Handbook 44, “Specifications, Tolerances, and other Technical
Requirements for Weighing and Measuring Devices,” and supplements thereto, or revisions
thereof, shall apply to weighing and measuring devices in the State, except insofar
as modified or rejected by regulation.
(c) The uniform regulation for packaging and labeling, the uniform regulation for unit
pricing, the uniform regulation for national type evaluation, and the uniform regulation
for the method of sale of commodities, except for bread, as adopted by the National
Conference on Weights and Measures, and published by the National Institute of Standards
and Technology Handbook 130, “Uniform Laws and Regulations,” together with amendments,
supplements, and revisions thereto, are adopted as part of this chapter except as
modified or rejected by rule. (Added 1967, No. 102, § 8, eff. April 14, 1967; amended 1973, No. 22, § 1; 1977, No. 37; 1991, No. 80, § 1; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, § 6; 2015, No. 39, § 19; 2023, No. 160 (Adj. Sess.), § 2, eff. July 1, 2024.)