The Commissioner may examine and in the process of examination may:
(a) Approve for use, and may seal, 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 Commissioner shall condemn and may seize the weights and measures found to be incorrect that are incapable of being made correct;
(b) Inspect weights, measures, or packaged commodities which are kept, offered, or exposed for sale, sold, or in the process of delivery, in order to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this chapter. In carrying out the provisions of this section, the Commissioner shall employ recognized sampling procedures, such as are designated in National Bureau of Standards Handbook 67, “Checking Prepackaged Commodities,” or in National Bureau of Standards Handbook 133, “Checking the Net Contents of Packaged Goods;”
(c) Enforce the appropriate term or unit of weight or measure to be used, whenever the Commissioner 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;
(d) Inspect and seal timing devices and scanners for accuracy in accordance with the requirements of National Bureau of Standards Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing of Measuring Devices,” and RC 1327.54 “Misrepresentation of Pricing.”
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)