Section 8-16-7

Powers of commissioner and local sealers in supervising weights and measures.

(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within the state, the county sealer within the county and the city sealer within the city shall have the power and it shall be their duty to inspect, test, try, and ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or reward, in computing any charge for services rendered on the basis of weight or measure or in determining weight or measure when a charge is made for such determination.

(b) They shall have the power to, and shall from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered, or exposed for sale, sold, or in the process of delivery in order to determine whether the same contain the amount represented and whether they are offered for sale or sold in a manner in accordance with the law.

(c) They shall, at least once each year and as much oftener as they may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct.

(d) They may, for the purpose above mentioned and in the general performance of their official duties, at any reasonable time, enter and go into or upon, without formal warrant, any stand, place, building, or premises or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever and require him, if necessary, to proceed to some place which the local sealer may specify for the purpose of making the proper test.

(e) Whenever the Commissioner of Agriculture or Industries or a local sealer of weights and measures finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted.

(Ag. Code 1927, §236; Code 1940, T. 2, §595.)