§ 81A-15. General duties. - North Carolina Statutes

Article2.

Powers and Duties ofCommissioner.

§ 81A‑15.  Generalduties.

The Commissioner shall:

(1)        Have and keepgeneral supervision of commercial weighing and measuring devices offered forsale, sold or used in the State.

(2)        Upon written requestfrom any person or educational institution in the State test or cause to betested, or calibrate, weights, measures and weighing and measuring devices usedas standards in the State.

(3)        Enforce all theprovisions of this Chapter.

(4)        Conductinvestigations to insure compliance with this Chapter.

(5)        Inspect and testweights and measures kept, offered, or exposed for sale.

(6)        Inspect, and test toascertain if they are correct, weights and measures commercially used (i) indetermining the weight, measure, or count of commodities or things sold, oroffered or exposed for sale, on the basis of weight, measure or count or (ii)in computing the basic charge or payment for services rendered on the basis ofweight, measure or count.

(7)        Approve for use, andmay mark, such weights and measures and weighing and measuring devices as hefinds to be correct, and shall reject and mark as rejected such weights andmeasures as he finds incorrect. Weights and measures and weighing and measuringdevices that have been rejected may be seized if not corrected within 10 days,or if used or disposed of in a manner not specifically authorized. Weights andmeasures found to be incorrect that are not capable of being made correct shallbe condemned and may be seized by the Commissioner without any court order orother legal process.

(8)        Weigh, measure, orinspect packaged commodities kept, offered, or exposed for sale, sold or in theprocess of delivery, to determine whether they contain the amounts representedand whether they are kept, offered, or exposed for sale in accordance with thisChapter or regulations promulgated pursuant thereto. In carrying out theprovisions of this section, recognized sampling procedures shall be used.

(9)        Allow reasonablevariations from the stated quantity of contents, which shall include thosecaused by loss or gain of moisture during the course of good distributionpractice or by unavoidable deviations in good manufacturing practice only afterthe commodity has entered intrastate commerce.

(10)      Delegate toauthorized agents any of these responsibilities for the proper administrationof this Chapter. (1927, c. 261, s. 10; 1949, c. 984; 1975, c. 544;1991, c. 636, s. 24.)