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4-18-339. Disposition of correct and incorrect apparatus.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-18-339. Disposition of correct and incorrect apparatus.
(a)(1) The Director of the Arkansas Bureau of Standards shall:
(A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338; and
(B) Reject and mark or tag as “rejected” weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338, but which in his or her best judgment are susceptible to satisfactory repair.
(2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under § 4-18-338.
(b) The director shall condemn, seize, and destroy weights and measures found to be incorrect and that in his or her best judgment are not susceptible to satisfactory repair.
(c) Weights and measures that have been rejected may be confiscated and destroyed by the director if not corrected as required by subsections (d) and (e) of this section or if used or disposed of contrary to the requirements of subsection (f) of this section.
(d) Weights and measures that have been rejected under the authority of the director or a sealer shall remain subject to the control of the rejecting authority until suitable repair or disposition has been made as required by this section.
(e) The owners of rejected or noncompliant weights and measures shall cause the weights and measures to be made accurate and correct or may dispose of them in the manner specifically authorized by the director.
(f) Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be accurate and correct or until specific written permission for u
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-18-339
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-18-339
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ea3cb19297c24c241de4dc9ef6c64803c49502353349572eab260310c44e185e
Source location: content.xml paragraph 12594
Stored source content
4-18-339. Disposition of correct and incorrect apparatus.
(a)(1) The Director of the Arkansas Bureau of Standards shall:
(A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338; and
(B) Reject and mark or tag as “rejected” weights and measures as he or she finds upon inspection or test to be incorrect as defined in § 4-18-338, but which in his or her best judgment are susceptible to satisfactory repair.
(2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under § 4-18-338.
(b) The director shall condemn, seize, and destroy weights and measures found to be incorrect and that in his or her best judgment are not susceptible to satisfactory repair.
(c) Weights and measures that have been rejected may be confiscated and destroyed by the director if not corrected as required by subsections (d) and (e) of this section or if used or disposed of contrary to the requirements of subsection (f) of this section.
(d) Weights and measures that have been rejected under the authority of the director or a sealer shall remain subject to the control of the rejecting authority until suitable repair or disposition has been made as required by this section.
(e) The owners of rejected or noncompliant weights and measures shall cause the weights and measures to be made accurate and correct or may dispose of them in the manner specifically authorized by the director.
(f) Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be accurate and correct or until specific written permission for use is issued by the director.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-18-338. Rules — Correct and incorrect apparatus.
(a) The Arkansas Bureau of Standards shall issue from time to time reasonable rules for the enforcement of this subchapter.
(b) These rules may include:
(1) A system of determining the qualifications for registration of and issuing permits to sales and service personnel who for compensation place weighing and measuring devices into commercial use in this state;
(2) Standards of net weight, measure, or count and reasonable standards of fill for any commodity in package form;
(3) Rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by investigators of weights and measures in the discharge of their official duties;
(4) Rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval to be used by registered agents of weights and measures in the discharge of their official duties; and
(5) Exemptions from the sealing or marking requirements of § 4-18-341 with respect to weights and measures of character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question.
(c) The rules shall include specifications, tolerances, and regulations for weights and measures specified in § 4-18-341 designed to eliminate from use without prejudice to apparatus that conform as closely as practicable to the official standards apparatus that:
(1) Are not accurate and correct;
(2) Are constructed so that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(3) Facilitate the perpetration of fraud.
(d) As used in this subchapter, an apparatus shall be deemed to be corre
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-18-338
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-18-338. This identifies an authority to review, not proof of applicability.