Section 36A Determination that cities or towns have an inadequate weights and measures enforcement system; assumption of responsibilities - Massachusetts Statutes

Section 36A. For a city or town where the mayor or board of selectmen have appointed a sealer pursuant to paragraph (1) of subsection (a) of section 35, or for a city or town where the mayor or board of selectmen have appointed a sealer pursuant to section 34, or for a city or town where the mayor or board of selectmen have failed to appoint a sealer, or for municipalities which have combined their territories pursuant to section 36, the director may, upon complaint and after investigation, determine that such city or town has an inadequate weights and measures enforcement system for the purposes of this section the term inadequate shall be defined as the failure to name a sealer, failure to file an annual report, or gross failure to complete mandatory inspections of weighing and measuring devices and retail scanners. Upon such determination, the director shall send notice to such city or town of the intent of the director to take responsibility for enforcing the weights and measures laws in such city or town. If within 60 days of the notification by the director, such city or town has not improved the weights and measures enforcement system to the satisfaction of the director, the director shall assume responsibility for weights and measures enforcement, including inspectional services, in such city or town and the director may charge such city or town for the cost of said services, until such time as the director determines that an adequate local program is in place.