§ 119-33. Investigation and inspection of measuring equipment; devices calculated to falsify measures. - North Carolina Statutes

§ 119‑33. Investigation and inspection of measuring equipment; devices calculated tofalsify measures.

The gasoline and oil inspectors shall be required to investigate andinspect the equipment for measuring gasoline, kerosene, lubricating oil, andother liquid petroleum products.  Said inspectors shall be under thesupervision of the Commissioner of Agriculture, and are hereby vested with thesame power and authority now given by law to inspectors of weights andmeasures, insofar as the same may be necessary to effectuate the provisions ofthis Article.  The rules, regulations, specifications and tolerance limits aspromulgated by the National Conference of Weights and Measures, and recommendedby the United States Bureau of Standards, shall be observed by said inspectorsinsofar as they apply to the inspection of equipment used in measuringgasoline, kerosene, lubricating oil and other petroleum products.  Inspectorsof weights and measures appointed and maintained by the various counties andcities of the State shall have the same power and authority given by thissection to inspectors under the supervision of the Commissioner ofAgriculture.  In all cases where it is found, after inspection, that themeasuring equipment used in connection with the distribution of such productsis inaccurate, the inspector shall condemn and seize all incorrect deviceswhich in his best judgment are not susceptible of satisfactory repair, but suchas are incorrect, and in his best judgment may be repaired, he shall mark or tagas "condemned for repairs" in a manner prescribed by the Commissionerof Agriculture.  After notice in writing the owners or users of such measuringdevices which have been condemned for repairs shall have the same repaired andcorrected within 10 days, and the owners and/or users thereof shall neither usenor dispose of said measuring devices in any manner, but shall hold the same atthe disposal of the gasoline and oil inspector.  The inspector shall confiscateand destroy all measuring devices which have been condemned for repairs andhave not been repaired as required by this Article.  The gasoline and oilinspectors shall officially seal all dispensing pumps or other dispensingdevices found to be accurate on inspection, and if, upon inspection at a laterdate, any pump is found to be inaccurate and the seal broken, the same shallconstitute prima facie evidence of intent to defraud by giving inaccuratemeasure, and the owner and/or user thereof shall be guilty of a Class 2misdemeanor.  Any person who shall remove or break any seal placed upon saidmeasuring and/or dispensing devices by said inspectors until the provisions ofthis section have been complied with shall be guilty of a Class 2 misdemeanor. Any person, firm, or corporation who shall sell or have in his possession forthe purpose of selling or using any measuring device to be used or calculatedto be used to falsify any measure shall be guilty of a Class 1 misdemeanor. (1937, c. 425, s. 17; 1949, c. 1167; 1993, c. 539, s.907; 1994, Ex. Sess., c. 24, s. 14(c).)