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41-2066. Enforcement powers of the director and inspectors
A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter, the director or the director's agents and inspectors shall:
1. Enter any commercial, nonprofit business or governmental premises during normal operating hours, except that if the premises are not open to the public, the director or the director's agents and inspectors shall first present their credentials.
2. Issue stop-use, hold and removal orders with respect to any weights and measures commercially used, stop-sale, hold and removal orders with respect to any packaged commodities, bulk commodities or motor fuel; kept, offered or exposed for sale, stop-use and hold orders with respect to a vapor recovery system or parts of vapor recovery system and stop-use, stop-sale, hold and removal orders with respect to any motor fuel found to be in violation of this chapter or rules adopted pursuant to this chapter.
3. Seize for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of this chapter or rules adopted pursuant to this chapter.
4. Stop any commercial vehicle upon reasonable cause to believe that the vehicle contains evidence of a violation of this chapter and, after presentment of the director's or the director's agent's or inspector's credentials, inspect the contents, require that the person in charge of the vehicle produce any documents in the person's possession concerning the contents and require the person to proceed with the vehicle to some specified place for inspection.
B. With respect to the enforcement of this chapter, the director or the director's agents or inspectors may issue a citation to any violators of this chapter in accordance when the provisions of section 13-1903
C. The director or the director's agents or inspectors may apply for a special inspection warrant for inspection of real or personal property for the purpose of enforcement of this chapter. The special inspection warrant shall be issued as provided in section 49433.
41-2091. Licensing devices used for commercial purposes authorization to test devices used for all other purposes; fees; certification; transaction privilege tax license records; notification
A. A person shall not use a commercial device unless the device is licensed or certified as provided in this chapter.
B. A license shall be obtained annually from the department on forms prescribed and furnished by the department. The fee prescribed in this chapter shall be submitted with the prescribed form. A license shall be obtained not later than thirty days following the first day of commercial use for original installations. If the ownership of a device teal is licensed is transferred, the ownership of the license may be transferred. On transfer of a license, new licensees shall notify the department of the licensee's name and address and the location of the device. A license for a device shall be posted at the licensed business location in a manner that provides the department access to the license during normal business hours ('Any license issued under this chapter applies only to the instrument or device specified in the license, except that the director may permit the license to be applicable to a replacement for the original instrument or device.
D. Noncommercial devices may be tested by the department pursuant to this chapter. A weighing device owned by a person who uses is only for the purpose of weighing the person's own livestock or agricultural products and for noncommercial purposes is declared to be a noncommercial device, and the owner of the device is exempt from paying any licensing fees collected pursuant to this chapter.
E. If a commercial livestock scale is used for thirty or more days in a calendar year, the scale is required to be licensed. If a commercial livestock scale is used for fewer than thirty days in a calendar year, the scale is required to be certified. If an owner or operator of a commercial livestock scale requests that the department certify the scale, the certification fee shall be comparable to the license fee prescribed in section 41-2092. If an owner or operator of a noncommercial scale requests that the department certify the scale, the certification fee shall be comparable to the license fee prescribed in section 41-2092.
F. At the request of the owner or user of a portable batch plant, the department may certify the portable batch plant. If the department certifies a portable batch plant, the certification fee shall be comparable to the license fee prescribed in section 41-2092.
G. Any portable measuring device that is five gallons or less and that is properly marked by the manufacturer according to standards established by the national institute of standards and technology shall be exempt from the licensing and certification provisions of this chapter. 11
H. For the purpose of ascertaining compliance with the licensing provisions of this article, the department of revenue shall provide the department of weights and measures with a monthly report of all transaction privilege tax licenses issued in the prior month. The report shall include the business name, type of business and business address of the licensee.
I. The department of revenue shall annually notify each transaction privilege tax licensee that the licensee is required to register new or existing weighing or measurement devices with the department of weights and measures.
41-2113. Violation: classification: jurisdiction
A. A person is guilty of a class I misdemeanor who:
1. Knowingly hinders, interferes with or obstructs in any way the director or any of the director's agents or inspectors in entering the premises where a commercial device may be kept for inspecting or testing or in the performance of the director's or the director's agent's or inspector's official duties.
2. Impersonates in any way the director or any one of the director's agents or inspectors by the use of the director's seal, or a counterfeit of the director's seal, or in any other manner.
3. Uses, or has in possession for the purpose of using for any commercial purpose, sells, offers or exposes for sale or hire, or has in possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure.
4. Sells, or offers or exposes for sale, less than the quantity the person represents of any commodity, thing or service.
5 . Takes more than the quantity the person represents of any commodity, thing or service, when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.
B. A person is guilty of a class 2 misdemeanor who:
1. Uses, or has in possession for the purpose of current use for any commercial purpose, a weight or measure that does not bear a seal or mark of approval based on inspection and test as provided in section 41-2065, subsection A, paragraph 11, unless the weight or measure has been exempted from testing by order of the department, or unless the device has been placed in service as provided in this chapter. Any person or persons making use of a commercial device subject to this chapter shall report to the director or the director's representatives, in writing, the number and location of the commercial device and shall promptly report the installation of any new commercial device.
2. Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule.
3. Removes from any weight or measure, contrary to law or rule, any tag, seal or mark placed on the weight or measure by the appropriate authority pursuant to this chapter.
4. Keeps for the purpose of selling, advertising or offering or exposing for sale or sells any commodity, thing or service in a condition or manner contrary to law or rule.
5. Uses in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is so positioned that its indications may not be accurately read and the weighing, metering, measuring or counting operation observed from some position that may reasonably be assumed by a customer.
6. Violates this chapter or rules adopted under this chapter. A continuing violation may be deemed to be a separate violation each day during which the violation is committed for the purpose of imposing a fine.
C. The provisions of this section are in addition to and not in limitation of any other provision of law.
D. The attorney general and the county attorney shall have concurrent jurisdiction to prosecute violations of this chapter.