{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5609.html"}],"law_id":63027,"edition_id":1,"section_id":63027,"structure_id":13213,"section_number":"3.2-5609","catch_line":"Testing and inspection of weights and measures offered for sale or commercially used","history":"Code 1950, \u00a7 3-708.10; 1962, c. 298; 1966, c. 702, \u00a7 3.1-928; 1993, c. 604; 2005, c. 850; 2008, c. 860.","full_text":"A\n\nWhen not otherwise provided by law, the Commissioner shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Commissioner to inspect and test on a periodic basis as he deems necessary, to ascertain if they are correct, all weights and measures commercially used: (i) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count; or (ii) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. With respect to any single-service devices and any uniformly mass-produced devices, a test may be made on representative samples of such devices; and any lot of which such 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. As used in this chapter, &#8220;single-service devices&#8221; means any devices designed to be used commercially once and then discarded. &#8220;Uniformly mass-produced devices&#8221; includes any devices made by means of a mold or die, and not susceptible to individual adjustment.B\n\nThe Commissioner shall submit a report by October 1 of each year to the Chairmen of the Senate Committee on Finance and Appropriations and the Senate Committee on Agriculture, Conservation and Natural Resources, and the Chairmen of the House Committee on Appropriations and House Committee on Agriculture, Chesapeake and Natural Resources on the testing and inspection activities of the Department weights and measures program including the number and frequency of inspections for the weights and measures devices.","order_by":null,"text":{"0":{"id":229868,"text":"When not otherwise provided by law, the Commissioner shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Commissioner to inspect and test on a periodic basis as he deems necessary, to ascertain if they are correct, all weights and measures commercially used: (i) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count; or (ii) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. With respect to any single-service devices and any uniformly mass-produced devices, a test may be made on representative samples of such devices; and any lot of which such 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. As used in this chapter, &#8220;single-service devices&#8221; means any devices designed to be used commercially once and then discarded. &#8220;Uniformly mass-produced devices&#8221; includes any devices made by means of a mold or die, and not susceptible to individual adjustment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229869,"text":"The Commissioner shall submit a report by October 1 of each year to the Chairmen of the Senate Committee on Finance and Appropriations and the Senate Committee on Agriculture, Conservation and Natural Resources, and the Chairmen of the House Committee on Appropriations and House Committee on Agriculture, Chesapeake and Natural Resources on the testing and inspection activities of the Department weights and measures program including the number and frequency of inspections for the weights and measures devices.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13213,"edition_id":1,"name":"Weights and Measures","identifier":"56","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":197783,"object_type":"structure","relational_id":13213,"identifier":"56","token":"3.2\/IV\/56","url":"\/3.2\/IV\/56\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65679,"structure_id":13213,"section_number":"3.2-5600","catch_line":"Definitions generally","url":"\/3.2-5600\/","token":"3.2\/IV\/56\/3.2-5600","metadata":false},{"id":86251,"structure_id":13213,"section_number":"3.2-5601","catch_line":"Powers and duties of Commissioner","url":"\/3.2-5601\/","token":"3.2\/IV\/56\/3.2-5601","metadata":false},{"id":63694,"structure_id":13213,"section_number":"3.2-5602","catch_line":"Commissioner to test accuracy of point-of-sale systems","url":"\/3.2-5602\/","token":"3.2\/IV\/56\/3.2-5602","metadata":false},{"id":61865,"structure_id":13213,"section_number":"3.2-5603","catch_line":"Two systems of weights and measures recognized; definitions and tables of National Institute of Standards and Technology to govern","url":"\/3.2-5603\/","token":"3.2\/IV\/56\/3.2-5603","metadata":false},{"id":71218,"structure_id":13213,"section_number":"3.2-5604","catch_line":"State standards of weight and measure","url":"\/3.2-5604\/","token":"3.2\/IV\/56\/3.2-5604","metadata":false},{"id":70314,"structure_id":13213,"section_number":"3.2-5605","catch_line":"Office standards and field standards","url":"\/3.2-5605\/","token":"3.2\/IV\/56\/3.2-5605","metadata":false},{"id":63372,"structure_id":13213,"section_number":"3.2-5606","catch_line":"Advice and recommendations of National Institute of Standards and Technology; publications of Institute","url":"\/3.2-5606\/","token":"3.2\/IV\/56\/3.2-5606","metadata":false},{"id":56527,"structure_id":13213,"section_number":"3.2-5607","catch_line":"The Board may adopt regulations","url":"\/3.2-5607\/","token":"3.2\/IV\/56\/3.2-5607","metadata":false},{"id":74125,"structure_id":13213,"section_number":"3.2-5608","catch_line":"Testing and inspection of standards procured by cities and counties","url":"\/3.2-5608\/","token":"3.2\/IV\/56\/3.2-5608","metadata":false},{"id":63027,"structure_id":13213,"section_number":"3.2-5609","catch_line":"Testing and inspection of weights and measures offered for sale or commercially used","url":"\/3.2-5609\/","token":"3.2\/IV\/56\/3.2-5609","metadata":false},{"id":70756,"structure_id":13213,"section_number":"3.2-5610","catch_line":"Investigations by Commissioner","url":"\/3.2-5610\/","token":"3.2\/IV\/56\/3.2-5610","metadata":false},{"id":58320,"structure_id":13213,"section_number":"3.2-5611","catch_line":"Commissioner to weigh or measure packages and commodities; packages and commodities ordered off sale","url":"\/3.2-5611\/","token":"3.2\/IV\/56\/3.2-5611","metadata":false},{"id":84010,"structure_id":13213,"section_number":"3.2-5612","catch_line":"Stop-sale, stop-use and stop-removal orders; seizure and impounding of commodities, weights or measures; violation a misdemeanor; judicial review","url":"\/3.2-5612\/","token":"3.2\/IV\/56\/3.2-5612","metadata":false},{"id":57871,"structure_id":13213,"section_number":"3.2-5613","catch_line":"Sealing or marking of weights and measures; condemnation of incorrect weights and measures","url":"\/3.2-5613\/","token":"3.2\/IV\/56\/3.2-5613","metadata":false},{"id":76211,"structure_id":13213,"section_number":"3.2-5614","catch_line":"Police powers of Commissioner","url":"\/3.2-5614\/","token":"3.2\/IV\/56\/3.2-5614","metadata":false},{"id":73392,"structure_id":13213,"section_number":"3.2-5615","catch_line":"Appointment, terms and compensation of local sealers of weights and measures; discontinuance of local program","url":"\/3.2-5615\/","token":"3.2\/IV\/56\/3.2-5615","metadata":false},{"id":83661,"structure_id":13213,"section_number":"3.2-5616","catch_line":"Fees of sealers","url":"\/3.2-5616\/","token":"3.2\/IV\/56\/3.2-5616","metadata":false},{"id":64535,"structure_id":13213,"section_number":"3.2-5617","catch_line":"Powers and duties of sealers and deputies","url":"\/3.2-5617\/","token":"3.2\/IV\/56\/3.2-5617","metadata":false},{"id":76853,"structure_id":13213,"section_number":"3.2-5618","catch_line":"Standards, equipment, and office space for sealers","url":"\/3.2-5618\/","token":"3.2\/IV\/56\/3.2-5618","metadata":false},{"id":84610,"structure_id":13213,"section_number":"3.2-5619","catch_line":"Commissioner to have concurrent authority with sealers; ordinances in conflict with chapter","url":"\/3.2-5619\/","token":"3.2\/IV\/56\/3.2-5619","metadata":false},{"id":77146,"structure_id":13213,"section_number":"3.2-5620","catch_line":"Specifications and tolerances for weighing and measuring devices","url":"\/3.2-5620\/","token":"3.2\/IV\/56\/3.2-5620","metadata":false},{"id":63828,"structure_id":13213,"section_number":"3.2-5621","catch_line":"Rejected weights and measures","url":"\/3.2-5621\/","token":"3.2\/IV\/56\/3.2-5621","metadata":false},{"id":67959,"structure_id":13213,"section_number":"3.2-5622","catch_line":"How certain commodities to be sold","url":"\/3.2-5622\/","token":"3.2\/IV\/56\/3.2-5622","metadata":false},{"id":54221,"structure_id":13213,"section_number":"3.2-5623","catch_line":"Information to be shown on packages","url":"\/3.2-5623\/","token":"3.2\/IV\/56\/3.2-5623","metadata":false},{"id":80464,"structure_id":13213,"section_number":"3.2-5624","catch_line":"Certain packages to show price per single unit of weight, measure, or count","url":"\/3.2-5624\/","token":"3.2\/IV\/56\/3.2-5624","metadata":false},{"id":81512,"structure_id":13213,"section_number":"3.2-5625","catch_line":"Misleading containers prohibited; contents of container not to fall below standard","url":"\/3.2-5625\/","token":"3.2\/IV\/56\/3.2-5625","metadata":false},{"id":62156,"structure_id":13213,"section_number":"3.2-5626","catch_line":"Advertisement of commodities in package form","url":"\/3.2-5626\/","token":"3.2\/IV\/56\/3.2-5626","metadata":false},{"id":55579,"structure_id":13213,"section_number":"3.2-5627","catch_line":"Pricing of retail merchandise","url":"\/3.2-5627\/","token":"3.2\/IV\/56\/3.2-5627","metadata":false},{"id":76090,"structure_id":13213,"section_number":"3.2-5628","catch_line":"Weights and Measures Fund established; purpose","url":"\/3.2-5628\/","token":"3.2\/IV\/56\/3.2-5628","metadata":false},{"id":63243,"structure_id":13213,"section_number":"3.2-5629","catch_line":"Fees and other moneys received","url":"\/3.2-5629\/","token":"3.2\/IV\/56\/3.2-5629","metadata":false},{"id":55445,"structure_id":13213,"section_number":"3.2-5630","catch_line":"Violations of pricing requirements","url":"\/3.2-5630\/","token":"3.2\/IV\/56\/3.2-5630","metadata":false},{"id":77601,"structure_id":13213,"section_number":"3.2-5631","catch_line":"Representations as to price; signs advertising price of petroleum products","url":"\/3.2-5631\/","token":"3.2\/IV\/56\/3.2-5631","metadata":false},{"id":73511,"structure_id":13213,"section_number":"3.2-5632","catch_line":"Failure to pay advertised cash discount","url":"\/3.2-5632\/","token":"3.2\/IV\/56\/3.2-5632","metadata":false},{"id":74271,"structure_id":13213,"section_number":"3.2-5633","catch_line":"Commissioner to receive enforcement authority for the Stage II Vapor Recovery Programs","url":"\/3.2-5633\/","token":"3.2\/IV\/56\/3.2-5633","metadata":false},{"id":87204,"structure_id":13213,"section_number":"3.2-5634","catch_line":"Meat, poultry, and seafood","url":"\/3.2-5634\/","token":"3.2\/IV\/56\/3.2-5634","metadata":false},{"id":56840,"structure_id":13213,"section_number":"3.2-5635","catch_line":"Bulk sale and delivery of commodities","url":"\/3.2-5635\/","token":"3.2\/IV\/56\/3.2-5635","metadata":false},{"id":85503,"structure_id":13213,"section_number":"3.2-5636","catch_line":"Scale house in establishment where livestock is bought from producers","url":"\/3.2-5636\/","token":"3.2\/IV\/56\/3.2-5636","metadata":false},{"id":85241,"structure_id":13213,"section_number":"3.2-5637","catch_line":"Type registering weighbeams or automatic weight recorders required","url":"\/3.2-5637\/","token":"3.2\/IV\/56\/3.2-5637","metadata":false},{"id":60507,"structure_id":13213,"section_number":"3.2-5638","catch_line":"Weight of livestock to be determined on date of sale","url":"\/3.2-5638\/","token":"3.2\/IV\/56\/3.2-5638","metadata":false},{"id":61448,"structure_id":13213,"section_number":"3.2-5639","catch_line":"Announcement of day and hour of livestock sale","url":"\/3.2-5639\/","token":"3.2\/IV\/56\/3.2-5639","metadata":false},{"id":64401,"structure_id":13213,"section_number":"3.2-5640","catch_line":"Certain merchants to provide scales for use of customers","url":"\/3.2-5640\/","token":"3.2\/IV\/56\/3.2-5640","metadata":false},{"id":65146,"structure_id":13213,"section_number":"3.2-5641","catch_line":"Use of word \"cord\" in connection with purchase or sale of wood, bark, or other forest product","url":"\/3.2-5641\/","token":"3.2\/IV\/56\/3.2-5641","metadata":false},{"id":76030,"structure_id":13213,"section_number":"3.2-5642","catch_line":"Determining number of board feet in tree or log","url":"\/3.2-5642\/","token":"3.2\/IV\/56\/3.2-5642","metadata":false},{"id":60159,"structure_id":13213,"section_number":"3.2-5643","catch_line":"Obstructing Commissioner or sealers; penalty","url":"\/3.2-5643\/","token":"3.2\/IV\/56\/3.2-5643","metadata":false},{"id":72411,"structure_id":13213,"section_number":"3.2-5644","catch_line":"Impersonating Commissioner or sealer","url":"\/3.2-5644\/","token":"3.2\/IV\/56\/3.2-5644","metadata":false},{"id":81853,"structure_id":13213,"section_number":"3.2-5645","catch_line":"Certain acts declared misdemeanors","url":"\/3.2-5645\/","token":"3.2\/IV\/56\/3.2-5645","metadata":false},{"id":58263,"structure_id":13213,"section_number":"3.2-5646","catch_line":"Civil penalties; suit to enjoin violation; compromise","url":"\/3.2-5646\/","token":"3.2\/IV\/56\/3.2-5646","metadata":false},{"id":78509,"structure_id":13213,"section_number":"3.2-5647","catch_line":"Warning instead of report of violation","url":"\/3.2-5647\/","token":"3.2\/IV\/56\/3.2-5647","metadata":false},{"id":68331,"structure_id":13213,"section_number":"3.2-5648","catch_line":"Presumptive proof of use of weight, measure or weighing or measuring device","url":"\/3.2-5648\/","token":"3.2\/IV\/56\/3.2-5648","metadata":false}],"previous_section":{"id":74125,"structure_id":13213,"section_number":"3.2-5608","catch_line":"Testing and inspection of standards procured by cities and counties","url":"\/3.2-5608\/","token":"3.2\/IV\/56\/3.2-5608","metadata":false},"next_section":{"id":70756,"structure_id":13213,"section_number":"3.2-5610","catch_line":"Investigations by Commissioner","url":"\/3.2-5610\/","token":"3.2\/IV\/56\/3.2-5610","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5609\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 298; in 1966, chapter 702; in 1993, chapter 604; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0850\">850<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":[{"id":56527,"section_number":"3.2-5607","catch_line":"The Board may adopt regulations","order_by":null,"url":"\/3.2-5607\/"},{"id":64535,"section_number":"3.2-5617","catch_line":"Powers and duties of sealers and deputies","order_by":null,"url":"\/3.2-5617\/"},{"id":81853,"section_number":"3.2-5645","catch_line":"Certain acts declared misdemeanors","order_by":null,"url":"\/3.2-5645\/"},{"id":55093,"section_number":"3.2-5700","catch_line":"Definitions","order_by":null,"url":"\/3.2-5700\/"},{"id":65018,"section_number":"3.2-5711","catch_line":"Service report","order_by":null,"url":"\/3.2-5711\/"}],"refers_to":false,"permalink":{"id":197821,"object_type":"law","relational_id":63027,"identifier":"3.2-5609","token":"3.2\/IV\/56\/3.2-5609","url":"\/3.2-5609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5609\/","token":"3.2\/IV\/56\/3.2-5609","dublin_core":{"Title":"Testing and inspection of weights and measures offered for sale or commercially used","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> When not otherwise provided by <span class=\"dictionary\">law<\/span>, the <span class=\"dictionary\">Commissioner<\/span> shall have the power to inspect and test, to ascertain if they are correct, all <span class=\"dictionary\">weights and measures<\/span> kept, offered, or exposed for <span class=\"dictionary\">sale<\/span>. It shall be the duty of the <span class=\"dictionary\">Commissioner<\/span> to inspect and test on a periodic basis as he deems necessary, to ascertain if they are correct, all <span class=\"dictionary\">weights and measures<\/span> commercially used: (i) in determining the <span class=\"dictionary\">weight<\/span>, measurement, or count of commodities or things sold, or offered or exposed for <span class=\"dictionary\">sale<\/span>, on the basis of <span class=\"dictionary\">weight<\/span>, measure, or of count; or (ii) in computing the basic charge or payment for services rendered on the basis of <span class=\"dictionary\">weight<\/span>, measure, or count. With respect to any <span class=\"dictionary\">single-service devices<\/span> and any <span class=\"dictionary\">uniformly mass-produced devices<\/span>, a test may be made on representative samples of such devices; and any lot of which such 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. As used in this chapter, &#8220;<span class=\"dictionary\">single-service devices<\/span>&#8221; means any devices designed to be used commercially once and then discarded. &#8220;<span class=\"dictionary\">Uniformly mass-produced devices<\/span>&#8221; includes any devices made by means of a mold or die, and not susceptible to individual adjustment. <a id=\"paragraph-229868\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5609\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commissioner<\/span> shall submit a report by October 1 of each year to the Chairmen of the Senate Committee on Finance and Appropriations and the Senate Committee on Agriculture, Conservation and Natural Resources, and the Chairmen of the House Committee on Appropriations and House Committee on Agriculture, Chesapeake and Natural Resources on the testing and inspection activities of the <span class=\"dictionary\">Department<\/span> <span class=\"dictionary\">weights and measures<\/span> program including the number and frequency of inspections for the <span class=\"dictionary\">weights and measures<\/span> devices. <a id=\"paragraph-229869\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-5609\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTESTING AND INSPECTION OF WEIGHTS AND MEASURES OFFERED FOR SALE OR COMMERCIALLY\nUSED (\u00a7 3.2-5609)\n\nA. When not otherwise provided by law, the Commissioner shall have the power to\ninspect and test, to ascertain if they are correct, all weights and measures\nkept, offered, or exposed for sale. It shall be the duty of the Commissioner to\ninspect and test on a periodic basis as he deems necessary, to ascertain if they\nare correct, all weights and measures commercially used: (i) in determining the\nweight, measurement, or count of commodities or things sold, or offered or\nexposed for sale, on the basis of weight, measure, or of count; or (ii) in\ncomputing the basic charge or payment for services rendered on the basis of\nweight, measure, or count. With respect to any single-service devices and any\nuniformly mass-produced devices, a test may be made on representative samples of\nsuch devices; and any lot of which such samples are representative shall be held\nto be correct or incorrect upon the basis of the results of the inspections and\ntests on such samples. As used in this chapter, &#8220;single-service\ndevices&#8221; means any devices designed to be used commercially once and then\ndiscarded. &#8220;Uniformly mass-produced devices&#8221; includes any devices\nmade by means of a mold or die, and not susceptible to individual adjustment.\n\nB. The Commissioner shall submit a report by October 1 of each year to the\nChairmen of the Senate Committee on Finance and Appropriations and the Senate\nCommittee on Agriculture, Conservation and Natural Resources, and the Chairmen\nof the House Committee on Appropriations and House Committee on Agriculture,\nChesapeake and Natural Resources on the testing and inspection activities of the\nDepartment weights and measures program including the number and frequency of\ninspections for the weights and measures devices.\n\nHISTORY: Code 1950, \u00a7 3-708.10; 1962, c. 298; 1966, c. 702, \u00a7 3.1-928; 1993,\nc. 604; 2005, c. 850; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}