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a. Each inspector of markets, weights and measures is hereby authorized to inspect, examine, test and seal at least once in each year, and as often as the commissioner may deem proper, all weighing and measuring devices. Upon the written request of any resident of the city, the commissioner shall test or cause to be tested, within a reasonable time after the receipt of such request, the weighing or measuring devices used in buying or selling by the person making such request. All such appliances shall be marked by the inspector with the initials of his or her name and the date on which the same shall be sealed and marked.
b. Such books shall be open for inspection at all reasonable times to any police officer, inspector or person duly authorized by the commissioner, or by any judge of the criminal court of the city of New York.
Each inspector shall report promptly to the commissioner the names of all persons whose weighing and measuring devices shall be found to be incorrect. Each inspector shall file a daily report with the commissioner, and make such other and further reports and keep such further records as may be required, from time to time, by the commissioner.
Each inspector shall furnish a certificate to the owner of the weights or measures inspected, and shall keep a record of each certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall be a public record. The commissioner, when required, shall certify extracts from such records.
It shall be unlawful to manufacture, construct, sell, offer for sale, or give away, any dry or liquid measure, or any barrel, pail, basket, vessel, or container, intended to be used in the purchase or sale of any commodity or article of merchandise, unless it shall be so constructed as to conform to the standards provided by article sixteen of the agriculture and markets law. It shall be unlawful for any person to use any barrel, cask, pail, basket, vessel or container, in the purchase or sale of any commodity or article of merchandise, unless it shall conform to such standards.
It shall be unlawful to sell, offer for sale, or give away any weighing or measuring devices or the tools, appliances or accessories connected therewith, intended to be used for the purchase or sale of any commodity or article of merchandise, or for public weighing, unless the type or types of such weighing or measuring devices, or the tools, appliances or accessories connected therewith, with specifications as to construction, shall have been submitted to and approved by the commissioner. The commissioner, when such types are approved, shall designate and identify them by a serial number. A record of the serial numbers and the persons to whom such numbers are assigned shall be kept in the office of the commissioner. The commissioner shall keep a register of the name of each person whose weighing or measuring devices have been inspected, together with their serial numbers and size, and whether approved or condemned, with the date of inspection. Such record shall be a public record.
It shall be unlawful to sell or offer for sale any commodity or article of merchandise, at or for a greater weight or measure than the true weight or measure thereof; for the purposes of this section the true weight of frozen poultry, shall be the net weight thereof exclusive of any food product or substance added or combined therewith; and all such commodities and articles of merchandise shall be weighed or measured by duly tested devices, sealed and marked by the commissioner or an inspector of the bureau; provided, that vegetables may be sold by the head or bunch.
Any weight which upon being tested is found to be short a quarter of an ounce or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short in weight by a quarter of a pound or more; or any scale of a capacity of between two hundred forty and four hundred pounds, which upon being tested is found to be short two ounces or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short five ounces or more; or any scale which is in an unfit condition to be used by being worn out, badly rusted, or by any other cause; or any measure or utensil being used in the sale or purchase of any commodity or article of merchandise, which does not conform to the standards provided by article sixteen of the agriculture and markets law, may be summarily confiscated and destroyed by the commissioner or an inspector of the bureau.
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