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(A) When an instrument is security sealed by the County Inspector, such security seal shall not be cut, severed, or removed without permission of the County Inspector. Any instrument designed to be security sealed shall be sealed by the County Inspector.
(B) Repairmen whose equipment is certified under § 112.04(A) may remove a security seal without prior approval of the County Inspector for the sole purpose of making repairs to such equipment. Repairmen who cut, sever, or remove a security seal shall notify the County Inspector within 24 hours of such cutting, severance, or removal.
(C) If an instrument bears an annual approval seal on its exterior, such approval seal shall not be altered, defaced, or removed.
(D) No security seal or annual approval seal shall be valid in Warrick County except for that which is authorized by the County Inspector.
(E) No instrument shall be used in the business of selling, buying, bartering, or exchanging of goods or commodities if the security seal has been cut, severed, or removed until such instrument is resealed by the County Inspector, or permission is given by the County Inspector if immediate resealing of the instrument is impractical.
(F) A person who violates this section shall be fined $100.
(BC Ord. 2020-17, passed 8-24-2020)
(A) Any person engaged in the selling, buying, bartering, or exchanging of goods or commodities must sell, buy, barter, or exchange such goods or commodities using the legal method of selling, buying, bartering, or exchanging such goods or commodities as required by the National Conference on Weights and Measures Sale of Commodities Regulation.
(B) All commodities and goods offered for sale in packages or containers shall meet all labeling requirements of the National Conference on Weights and Measures Packaging and Labeling Regulations. A manufacturer, wholesale distributor, or retail seller who violates this section may be fined as follows for the number of such units at each location where they are available for purchase:
1 to 25 units | $50 |
26 to 50 units | $100 |
51 to 75 units | $150 |
76 to 100 units | $200 |
101 to 200 units | $400 |
201 units or more | $500 |
(C) All commodities and goods when required to be sold by weight must be sold by net weight, and all commodities and goods required to be sold by measure or count shall be accurate as required.
(D) The manufacturer, wholesale distributor, or retail seller of a prepackaged commodity which is less than the weight, measure, or count designated on its package may be fined as follows for the number of such units at each location where they are available for purchase:
1 to 25 units | $50 |
26 to 50 units | $10 0 |
51 to 75 units | $15 0 |
76 to 100 units | $20 0 |
101 to 200 units | $40 0 |
201 units or more | $50 0 |
(BC Ord. 2020-17, passed 8-24-20)
The County Inspector may collect a fee not to exceed $20 for inspecting or calibrating any scale or measuring device which is not used in the business of selling, buying, or exchanging goods or commodities, and is not subject to regulation by the Division of Weights and Measures of the State Board of Health. The fee shall be deposited into the dedicated, non-reverting fund which is used for capital purchases for the Weights and Measures Department.
(BC Ord. 2020-17, passed 8-24-20)
(A) The County Inspector may issue to a person who violates this chapter a citation which shall be written on a citation ticket and kept on file in the Warrick County Weights and Measures Office.
(B) If a person who is issued a citation for violating this chapter does not pay the fine and/or correct the deficiency giving rise to the violation within ten calendar days, the matter shall be referred to the Warrick County Attorney for prosecution.
(C) Any violation of this chapter committed by a person that occurs within one year of a prior violation committed by the same person shall constitute a subsequent violation. A person who commits a subsequent violation of this chapter shall be fined in an amount that is double the specific amount set forth for such initial violation.
(D) Each day a person is in violation of this chapter constitutes a separate violation.
(E) All fine amounts collected shall be deposited into a dedicated, non-reverting fund to be used for capital purchases for the Weights and Measures Department, subject to appropriation of funds by the Warrick County Council.
(BC Ord. 2020-17, passed 8-24-20)