                                 CODE OF VIRGINIA

TESTING AND INSPECTION OF WEIGHTS AND MEASURES OFFERED FOR SALE OR COMMERCIALLY
USED (§ 3.2-5609)

A. 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.

B. 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.

HISTORY: Code 1950, § 3-708.10; 1962, c. 298; 1966, c. 702, § 3.1-928; 1993,
c. 604; 2005, c. 850; 2008, c. 860.