 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 501. WEIGHTS AND MEASURES LAW
|
|
Title 10 - §2301. Short title
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 1: GENERAL PROVISIONS §2301. Short title
This chapter shall be known and may be cited as the "Maine Weights and Measures Law."
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2302. Definitions
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 1: GENERAL PROVISIONS §2302. Definitions
As used in this chapter, unless the context otherwise indicates, the following words and phrases shall have the following
meanings:
[1973, c. 91, §1 (rpr).]
1. Cord;
A. A standard cord is a unit of measure of wood products 4 feet wide, 4 feet high and 8 feet long, or its equivalent, containing
128 cubic feet when the wood is ranked and well stowed. Any voids that will accommodate a stick, log or bolt of average dimensions
to those in that pile shall be deducted from the measured volume.
[1979, c. 659, §1 (rpr).]
A-1. A cord when used in connection with sawdust, chips or shavings means the volume of material contained in 128 cubic feet
at the time of sale.
[1979, c. 659, §2 (new).]
A-2. Fuel wood, when sold loose and not ranked and well stowed, shall be sold by the cubic foot or loose cord, unless other arrangements
are made between the buyer and seller. When sold by the loose cord, the wood in any cord shall average either 12 inches, 16
inches or 24 inches in length. When so sold, the volume of the cords shall be: A cord of 12 or 16 inches in length shall mean
the amount of wood, bark and air contained in a space of 180 cubic feet; and a cord of wood 24 inches in length shall mean
the amount of wood, bark and air contained in a space of 195 cubic feet.
[1981, c. 219 (amd).]
B. A face cord is a unit of measure 4 feet high and 8 feet long, or its equivalent, containing 32 square feet. The length of
sticks shall be agreed upon by both parties;
[1973, c. 91, §1 (rpr).]
[1981, c. 219 (amd).]
2. Correct. "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter;
[1973, c. 91, §1 (rpr).]
3. Dealer. "Dealer" shall mean any person engaged in the business of dealing in, selling, buying, exchanging or trading in weighing
or measuring devices in this State;
[1973, c. 91, §1 (rpr).]
4. Licensed public weighmaster. "Licensed public weighmaster" shall mean and refer to all persons who shall, for hire, weigh or measure any commodity, produce
or article and issue therefor, a weight certificate, which shall be accepted as the accurate weight, upon which the purchase
or sale of such commodity is based;
[1973, c. 91, §1 (rpr).]
4-A. Motor fuel dispenser. "Motor fuel dispenser" means a commercial motor fuel dispenser that dispenses fuel for retail sale.
[2003, c. 638, §1 (new).]
5. Package. "Package" means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale
or retail sale;
[1973, c. 91, §1 (rpr).]
6. Person. "Person" means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies,
societies and associations;
[1973, c. 91, §1 (rpr).]
7. Primary standards. "Primary standards" means the physical standards of the State which serve as the legal reference from which all other standards
and weights and measures are derived;
[1973, c. 91, §1 (rpr).]
8. Repairman. "Repairman" shall mean any person engaged in the business of adjusting or repairing weighing or measuring devices in this
State or an employee thereof engaged in such business;
[1973, c. 91, §1 (rpr).]
9. Sale from bulk. "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale;
[1973, c. 91, §1 (rpr).]
10. Sealer and deputy sealer. "Sealer" and "deputy sealer" shall mean, respectively, a sealer of weights and measures, and a deputy sealer of weights and
measures, of a municipality or of several municipalities;
[1973, c. 91, §1 (rpr).]
11. Secondary standards. "Secondary standards" means the physical standards which are traceable to the primary standards through comparison, using
acceptable laboratory procedures and used in the enforcement of weights and measures laws and regulations;
[1973, c. 91, §1 (rpr).]
12. State sealer and deputy state sealer. "State sealer" and "deputy state sealer" shall mean, respectively, the State Sealer of Weights and Measures and the Deputy
State Sealer of Weights and Measures;
[1973, c. 91, §1 (rpr).]
13. Weight. "Weight" as used in connection with any commodity means net weight;
[1973, c. 91, §1 (rpr).]
14. Weights or measures. "Weights or measures," or both, means all weights and measures of every kind, instruments and devices for weighing and measuring
and any appliance and accessories associated with any or all such instruments and devices.
[1973, c. 91, §1 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2303. Construction of contracts (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 1: GENERAL PROVISIONS §2303. Construction of contracts (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2304. Duty of owners of incorrect apparatus (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 1: GENERAL PROVISIONS §2304. Duty of owners of incorrect apparatus (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2305. Exclusions (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 1: GENERAL PROVISIONS §2305. Exclusions (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2351. Systems of weights and measures
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2: STANDARDS AND EQUIPMENT §2351. Systems of weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are
jointly recognized and either one or both of these systems shall be used for all commercial purposes in the State. The definitions
of basic units of weight and measure, the tables of weight and measure and weights and measures equivalents as published by
the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, are recognized
and shall govern weighing and measuring equipment and transactions in the State.
[1989, c. 24, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2352. Physical standards
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2: STANDARDS AND EQUIPMENT §2352. Physical standards
Weights and measures that are traceable to the United States prototype standards supplied by the Federal Government, or approved
as being satisfactory by the National Bureau of Standards, or its successor organization, the National Institute of Standards
and Technology, shall be the state primary standards of weights and measures and shall be maintained in such calibration as
prescribed by the National Bureau of Standards or the National Institute of Standards and Technology, as applicable. All secondary
standards may be prescribed by the state sealer and shall be verified upon their initial receipt and as often thereafter as
determined necessary by the state sealer.
[1989, c. 24, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2353. Technical requirements for commercial devices
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2: STANDARDS AND EQUIPMENT §2353. Technical requirements for commercial devices
The specifications, tolerances and other technical requirements for commercial weighing and measuring devices as adopted by
the National Conference on Weights and Measures and published in National Bureau of Standards Handbook 44, "Specifications,
Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices," or published in the National Institute
of Standards and Technology Handbook 44, 1990, and supplements or revisions to those publications, shall apply to commercial
weighing and measuring devices in the State, except insofar as modified or rejected by regulation.
[1989, c. 24, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2354. Municipal standards and equipment
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2: STANDARDS AND EQUIPMENT §2354. Municipal standards and equipment
The municipal officers of each municipality for which a sealer has been appointed as provided for by section 2451 shall procure
at the expense of the municipality, such standards of weight and measure and such additional equipment to be used in the enforcement
of this chapter in such municipality, as may be prescribed by the state sealer.
[1973, c. 91, § 3 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2355. Standard weight fixed (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2: STANDARDS AND EQUIPMENT §2355. Standard weight fixed (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2361-A. Definitions
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2361-A. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
[1983, c. 804, §2 (new).]
1. Agreement of the parties. "Agreement of the parties" means the mutual agreement of the parties or their authorized representatives, and is distinguished
from a unilateral condition imposed by any party to the agreement. A party is a company or individual buying wood, a contractor,
an individual providing services described in subsection 7 or an authorized employee representative negotiating on behalf
of the individual providing services.
[1983, c. 804, §2 (new).]
2. Butt diameter. Except as otherwise provided by the state sealer, "butt diameter" means the diameter of the severed stem butt, measured outside
the bark, the short way through the center, disregarding crevices and cracks.
[1983, c. 804, §2 (new).]
3. Butt measure. "Butt measure" means the lineal measure of the butt end of tree length wood, without subsequent conversion to volume by any
means. This measurement may be represented in either the number of stems in each butt diameter class by species, or alternatively
in the cumulative sum of the butt diameters by species, expressed in inches, without regard to the butt diameter class.
[1983, c. 804, §2 (new).]
4. Butt scale. "Butt scale" means the volume measure of wood based solely on measurement of the butt end of individual trees and converted
to volume by any means.
[1983, c. 804, §2 (new).]
5. Green wood. "Green wood" means trees or parts of trees that have been freshly felled.
[1983, c. 804, §2 (new).]
5-A. Hauler. "Hauler" means the person, company or other entity that owns the truck or trailer on which a load of wood is transported.
[1997, c. 648, §1 (new).]
6. Oven-dried wood. "Oven-dried wood" means wood that has been oven-dried to remove its moisture content according to standards as adopted by
the American Society of Testing and Materials.
[1983, c. 804, §2 (new).]
7. Payment for services. "Payment for services" means payment made for services in or incidental to harvesting, hauling or chipping wood, and does
not involve transfer of title to the wood.
[1983, c. 804, §2 (new).]
8. Properly prepared wood. "Properly prepared wood" means wood that was required to be harvested and yarded, and was prepared as directed, according
to written cutting specifications.
[1983, c. 804, §2 (new).]
9. Sale of wood. "Sale of wood" means a transaction involving transfer of title to wood.
[1983, c. 804, §2 (new).]
10. Standard cord. A "standard cord" means the cubic foot measurement of 4 foot long wood, ranked and well stowed, and stacked 4 feet wide,
4 feet high and 8 feet long, or its equivalent, which stack measure contains 128 cubic feet of wood, bark and air space.
A "standard cord" when used in connection with sawdust chips, bark or shavings means the volume contained in 128 cubic feet
at the time of sale.
[1983, c. 804, §2 (new).]
10-A. Trip ticket. "Trip ticket" means the form used to identify the origin and destination of a truckload of wood.
[1997, c. 648, §1 (new).]
11. Wood. "Wood" means the severed but unprocessed fibrous derivative of trees, without regard for quality or grade and also means
the chipped fibrous derivative of trees.
[1983, c. 804, §2 (new).]
12. Wood transactions. "Wood transactions" means the "sale of wood" or "payment for services" as those terms are defined in this section.
[1983, c. 804, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2361. Definitions (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2361. Definitions (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2362-A. Fuel wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2362-A. Fuel wood
Nothing in this subchapter supersedes or in any way modifies the measurement standards relating to fuel wood provided for
in section 2302, subsection 1.
[1983, c. 804, § 4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2362. Measurement of wood (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2362. Measurement of wood (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2363-A. Measurement of wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2363-A. Measurement of wood
1. Cubic measure and standard cord. In all wood transactions the volume of wood may be measured in cubic feet or by the standard cord as provided for by the
state sealer.
[1983, c. 804, § 6 (new).]
2. Weight scale. Where agreed upon by the parties, weight measurement may be used in all wood transactions, provided that:
A. The weight measurement shall not be converted to volume;
[1983, c. 804, § 6 (new).]
B. Where payment is made for services harvesting wood, all weight measurements shall be expressed on a green wood basis. Except
as otherwise provided by the state sealer, when the wood is not, or will not be, weighed within 15 days of felling, the person
performing the services may, prior to hauling, require that the wood instead be measured by butt measure, or other authorized
method of measurement; and
[1983, c. 804, § 6 (new).]
C. All sales of wood chips may be based on oven-dried weight, except where payment is made for harvesting wood.
[1983, c. 804, § 6 (new).]
[1983, c. 804, § 6 (new).]
3. Tree length wood. Butt measure shall be the standard state method for the measurement of tree length wood. Where agreed upon, the parties
may use any other method of measurement authorized by this subchapter.
A. Butt scale measurements may be used as follows.
(1) Where payment is made for services, the use of butt scale measurements is prohibited as of April 1, 1986. Until that
date, the use of butt scale measurements is permitted for tree length wood under the following conditions.
(a) Prior to its usage, the parties or their authorized representatives, shall sign and date the volume table which shall
designate the applicable harvesting area or areas.
(b) The parties, or their authorized representatives, shall receive a copy of the signed butt scale table prior to performance
of the services, if a request is made in writing by the employee, an authorized employee representative or by the state sealer.
(c) The volume table to which the measurements are applied shall reasonably represent the volume of trees being cut on the
operation.
(2) In the sale of wood, butt scale measurements shall continue to be permitted for tree length wood, under the following
conditions.
(a) The applicable butt scale table shall be provided in a written contract agreement.
(b) The volume table to which the measurements are applied shall reasonably represent the volume of trees being cut on the
operation.
[1983, c. 804, § 6 (new).]
[1983, c. 804, § 6 (new).]p align="center">$HN4. Log length stems.$HN Log length stems shall be measured as follows.
p align="center">A. The international 14 inch log rule shall be the standard state rule for the measurement of log length stems.
[1983, c. 804, § 6 (new).]p align="center">B. Where agreed upon by the parties, cubic foot measurement, weight measurement, butt measure or another log rule may also
be used to measure log length stems.
[1983, c. 804, § 6 (new).]
[1983, c. 804, § 6 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2363. Standards for weight scale (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2363. Standards for weight scale (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2364-A. Accurate and verifiable measurements
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2364-A. Accurate and verifiable measurements
1. Standards. It is the intent of this subchapter that any method of wood scaling or measurement used in wood transactions shall provide
an accurate and verifiable count of the volume, quantity, dimension or weight measured, according to the standards established
by the state sealer, provided that those standards may be efficiently and conveniently applied in wood transactions, as defined
in this subchapter.
[1983, c. 804, § 7 (new).]
2. Measurements. In all wood transactions, no person who scales or measures wood and no person who makes payment to another shall represent
a weight, volume, quantity or dimension of wood which is less than the weight, volume, quantity or dimension of wood to be
measured.
A. When payment is made for services harvesting wood, all wood that is properly prepared shall be measured in full, without
regard to its future merchantability or use. Nothing in this subsection prevents making reasonable deductions based on quantity
factors, such as for loose piling, short or undersized wood or for wood that was not designated to be harvested, hauled or
chipped.
[1983, c. 804, § 7 (new).]
B. The written cutting specifications for properly prepared tree stems shall be provided to the person providing the service
and shall be signed by the person requiring the service.
[1983, c. 804, § 7 (new).]
C. When payment is made for services in hauling or trucking wood, all wood that was designated to be hauled and which was hauled,
shall be measured in full.
[1983, c. 804, § 7 (new).]
D. In the sale of wood, all wood that meets the specifications of the parties shall be measured by the terms of the sales contract
according to the measurement procedures set forth in section 2363-A that are applicable to a sale of wood, as defined in this
subchapter.
[1983, c. 804, § 7 (new).]
E. When payment is made for services, payment shall be expressed in the same system of measure that was used in making the
measurement. Nothing in this subsection may be interpreted to prohibit the use of the standard cord or butt measure.
[1983, c. 804, § 7 (new).]
F. In the sale of wood, the measurement tally sheet recording the first measurement shall include the name of the landowner
from whom the stumpage was purchased. The tally sheet also shall include the name or names of other parties involved in this
original transaction.
[1989, c. 102 (new).]
G. A person buying stumpage from a landowner shall provide a stumpage sheet or a copy of the measurement tally sheet to the
landowner for every truckload sold. The sheet must include:
(1) The name of the landowner;
(2) The name of the contractor;
(3) The name of the hauler;
(4) A description of the product;
(5) The date; and
(6) The destination of the truckload.
This sheet must be provided to the landowner when the person buying the stumpage pays the landowner.
[1989, c. 760 (new).]
[1989, c. 102 (amd); c. 760 (amd).]
3. Measurement tally sheet. When payment is made for services, the person providing the service shall promptly receive a copy of the tally sheet setting
forth the total measure of the wood, identifying the person or persons providing the service, the location from which the
wood was hauled and the date the measurements were made. If, based upon a complaint involving wood that is taken outside
the State, the state sealer, after investigation, has reason to believe that there has been inaccurate measurement of the
wood, that the measurement of the wood was inaccurately or incompletely represented on the measurement tally sheet or that
a measurement tally sheet for the wood was not promptly provided to the person providing the service, then, except in a case
of inadvertent error, the state sealer shall require, for a period of not less than one year, that the person requiring the
service measure and provide the person providing the service a completed measurement tally sheet for wood that is taken outside
the State.
[1983, c. 804, § 7 (new).]
4. Specification for properly prepared wood. Companies or individuals buying wood for processing shall give contractors or landowners written specifications for properly
prepared wood. No deductions for quality or future merchantability may be made for properly prepared wood, meeting the written
specifications which have been provided by the companies and individuals buying the wood.
[1983, c. 804, § 7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2364-B. Transportation of wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2364-B. Transportation of wood
A person transporting wood must comply with the provisions of this section.
[1997, c. 648, §2 (new).]
1. Trip ticket required. Except as provided in subsections 3 and 4, each truckload of wood transported must be accompanied by a trip ticket containing
the following information for that load of wood:
A. The date the wood is hauled;
[1997, c. 648, §2 (new).]
B. The name of the landowner;
[1997, c. 648, §2 (new).]
C. The town of origin;
[1997, c. 648, §2 (new).]
D. For wood harvested in the State, the number on the harvest notification form filed with the Bureau of Forestry in accordance
with Title 12, section 8883-B;
[2003, c. 452, Pt. F, §1 (amd); Pt. X, §2 (aff).]
E. The name of the contractor;
[1997, c. 648, §2 (new).]
F. The name or names of the cutting crew;
[1997, c. 648, §2 (new).]
G. The name of the hauler;
[1997, c. 648, §2 (new).]
H. The destination of the wood, both town and customer; and
[1997, c. 648, §2 (new).]
I. The signature of the truck driver.
[1997, c. 648, §2 (new).]
[2003, c. 452, Pt. F, §1 (amd); Pt. X, §2 (aff).]
2. Trip ticket part of record. Upon delivery of a truckload of wood requiring a trip ticket, the truck driver shall provide a copy of the trip ticket to
the wood scaler or other person accepting delivery. When a tally sheet or other record of measurement is required under section
2364-A, subsection 2, the harvest notification number and other information contained on the trip ticket must be recorded
on the record of measure or a copy of the trip ticket must be attached to the record of measure.
[1997, c. 648, §2 (new).]
3. Wood transported after measurement. When wood is transported after its first measurement in accordance with section 2364-A, the information specified in subsection
1, paragraphs B, D and F is not required on the trip ticket and the harvest notification number is not required on subsequent
records of measurement.
[1997, c. 648, §2 (new).]
4. Consumer transactions of firewood excluded. The requirements of this section do not apply to the transportation of firewood in consumer transactions on the retail market
as defined in rules adopted pursuant to section 2367.
[1997, c. 648, §2 (new).]
5. Enforcement; violations. Upon request, a truck driver must present the trip ticket to any employee of the State charged with enforcing the provisions
of this subchapter. Upon request, a wood scaler shall present the record of measurement including a copy of the trip ticket
or information contained on the trip ticket to any employee of the State charged with enforcing the provisions of this subchapter.
A. A person who violates this section commits a civil violation and is subject to the penalties provided in section 2368.
[2003, c. 452, Pt. E, §5 (new); Pt. X, §2 (aff).]
B. A person who violates this section after having previously violated this subchapter or rules adopted pursuant to this subchapter
commits a civil violation and is subject to the penalties provided in section 2368.
[2003, c. 452, Pt. E, §5 (new); Pt. X, §2 (aff).]
C. A person who misrepresents information on a trip ticket commits a civil violation and is subject to the penalties provided
in section 2368.
[2003, c. 452, Pt. E, §5 (new); Pt. X, §2 (aff).]
D. A person who misrepresents information on a trip ticket after having previously violated this subchapter or rules adopted
pursuant to this subchapter commits a civil violation and is subject to the penalties provided in section 2368.
[2003, c. 452, Pt. E, §5 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. E, §5 (amd); Pt. X, §2 (aff).]
6. Presentation of trip ticket to forest ranger. Upon request, a truck driver shall present a copy of the trip ticket to a forest ranger in any log yard or mill site. Upon
request, a wood scaler shall present the record of measurement including a copy of the trip ticket or information contained
on the trip ticket to a forest ranger. A forest ranger may request and use this information for the purpose of enforcing and
investigating alleged violations of Title 12, section 8883; Title 14, section 7552; and Title 17, section 2510. For purposes
of this subsection, "forest ranger" means a person employed by the Department of Conservation, Bureau of Forestry under Title
12, section 8901. A truck driver or wood scaler who fails to comply with the provisions of this subsection is subject to
the penalties provided in section 2368.
[2003, c. 454, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2364. Standards for butt scale (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2364. Standards for butt scale (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2365-A. Licensing of measuring and scaling operators
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2365-A. Licensing of measuring and scaling operators
The state sealer has the authority to license all persons who measure or scale wood and has the authority to issue rules and
establish fees for licensing and examination. Annual license fees shall not exceed $25 and funds collected shall cover the
expenses involved in administering the licensing process and other costs related to the administration of this section. No
license to measure or scale wood may be issued to any person, unless that person successfully completes an examination as
established by the state sealer. Once a licensing program is instituted then the following provisions of this section shall
be in effect.
[1985, c. 501, Pt. B, § 17 (amd).]
div> Fees collected under this section shall be deposited in a separate account which shall not lapse.
[1983, c. 804, § 8 (new).]
1. Applications. Applications for licenses under this subchapter shall be made in writing on forms prescribed by the state sealer for each
wood scaler. The application shall include the name of the applicant scaler, his qualifications, and other pertinent information
as the state sealer shall require.
[1983, c. 804, § 8 (new).]
2. Violation. No person may scale or measure wood without first obtaining a proper license.
[1983, c. 804, § 8 (new).]
3. License; denial; revocation; suspension. The state sealer may take enforcement action against the licensee or may initiate proceedings in the District Court, pursuant
to Title 5, chapter 375, to revoke or suspend a license for any of the following reasons:
A. The licensee has violated any condition of the license;
[1983, c. 804, § 8 (new).]
B. The licensee has obtained a license by misrepresentation or failure to disclose fully all relevant facts; and
[1983, c. 804, § 8 (new).]
C. The licensee has violated any provision of the laws within this chapter.
[1983, c. 804, § 8 (new).]
[1983, c. 804, § 8 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2365-B. Persons licensed to measure and scale wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2365-B. Persons licensed to measure and scale wood
Beginning September 1, 1985, there shall be at least one person licensed to measure and scale wood residing in each of the
following 3 regions of the State: Aroostook County, Penobscot-Piscataquis Counties and Washington-Hancock Counties.
[1985, c. 501, Pt. B, § 18 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2365-C. Persons enforcing laws relating to measurement of wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2365-C. Persons enforcing laws relating to measurement of wood
Any employee of the State charged with enforcing the provisions of this chapter relating to the measurement of wood must be
examined and licensed in accordance with the provisions of section 2365-A.
[1985, c. 501, Pt. B, § 18 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2365. Standards for measurement (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2365. Standards for measurement (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2366-A. Disputed wood
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2366-A. Disputed wood
In case a dispute arises as to whether wood was accurately scaled or measured, the person aggrieved may file a complaint with
the state sealer. Any complaint shall be initiated within 15 days of discovery of the alleged grievance. The state sealer
shall investigate the complaint. As part of the investigation, the state sealer or deputy state sealer may subpoena such
witnesses and documents as may be necessary to determine the matter, and may cause the disputed wood to be impounded and check
measured if it may be separately identified. In the event that an aggrieved party fails to file a complaint within 15 days
from discovery of the alleged grievance, the aggrieved party is barred from seeking a remedy under section 2368, subsection
2.
[1983, c. 862, § 33 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2366. Appeal procedure (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2366. Appeal procedure (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2367. Rules
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2367. Rules
The state sealer shall, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, promulgate
and adopt rules relating to:
[1983, c. 804, § 11 (new).]
1. Weight scale. Procedures for determining the weight of wood according to weight scale;
[1983, c. 804, § 11 (new).]
2. Butt measure; other measurement systems. Procedures and standards for the lineal and volumetric measurement of wood;
[1983, c. 804, § 11 (new).]
3. Measurement equipment standards and tolerances. Measurement equipment standards and tolerances;
[1983, c. 804, § 11 (new).]
4. Complaints; investigations. Procedures for the filing and investigating of complaints and for the sampling, check scaling and check measurement of disputed
wood, including verification of butt scale tables;
[1983, c. 804, § 11 (new).]
5. Designation; units of measure. The designation of appropriate units of measure which can be efficiently and conveniently used in wood transactions;
[1983, c. 804, § 11 (new).]
6. Dissemination; scaling and measurement tallies. The dissemination of the scaling and measurement tallies or slips as appropriate to prevent unfair or deceptive representations
of the quantity of wood measured;
[1983, c. 804, § 11 (new).]
7. Measuring and scaling operators; licensing. Licensing of measuring and scaling operators; and
[1983, c. 804, § 11 (new).]
8. Other standards. Other standards and rules necessary to the administration of this subchapter.
[1983, c. 804, § 11 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2368. Violations; penalties
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2368. Violations; penalties
1. Civil penalties. The following penalties apply to violations of this subchapter or a rule adopted pursuant to this subchapter.
A. A person who violates this subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not
more than $1,000.
[2003, c. 452, Pt. E, §6 (new); Pt. X, §2 (aff).]
B. A person who violates this subchapter or a rule adopted pursuant to this subchapter after having previously violated this
subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not more than $2,000.
[2003, c. 452, Pt. E, §6 (new); Pt. X, §2 (aff).]
These penalties may be recovered by the state sealer on behalf of the State in a civil action.
[2003, c. 452, Pt. E, §6 (rpr); Pt. X, §2 (aff).]
2. Private action. A person who violates this subchapter or a rule adopted pursuant to this subchapter is liable in a civil action to a person
aggrieved by the violation pursuant to the remedies set forth in Title 26, section 626-A. The civil action for damages may
be brought by either the aggrieved party or, at the request of the state sealer, by the Attorney General.
[2003, c. 452, Pt. E, §6 (rpr); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2369. Transition provision
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 2-A: MEASUREMENT OF WOOD §2369. Transition provision
1. Promulgate and adopt rules. The state sealer, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, shall promulgate
and adopt rules pursuant to this subchapter within 90 days of the effective date of this section. The rules shall become
effective April 30, 1985.
[1983, c. 804, § 11 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2401. Designation; deputy; inspector of weights and measures
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2401. Designation; deputy; inspector of weights and measures
There shall be a State Sealer of Weights and Measures. The Commissioner of Agriculture, Food and Rural Resources shall be,
ex officio, the state sealer. There shall be a Deputy State Sealer of Weights and Measures and state inspectors of weights
and measures, referred to in this chapter as the deputy state sealer and inspectors, respectively.
[1979, c. 731, § 19 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2402. Powers and duties
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2402. Powers and duties
The state sealer shall:
[1973, c. 91, §5 (rpr).]
1. Federal standards. Maintain traceability of the state standards to the National Bureau of Standards;
[1973, c. 91, §5 (new).]
2. Enforcement. Enforce this chapter;
[1973, c. 91, §5 (new).]
3. Regulations. Issue, in a manner consistent with the Maine Administrative Procedure Act, reasonable regulations for the enforcement of
this chapter, which regulations shall have the force and effect of law;
[1977, c. 694, §176 (amd).]
4. Standards. Establish standards of weight, measure or count, reasonable standards of fill and standards for the presentation of cost
per unit information for any packaged commodity;
[1973, c. 91, §5 (new).]
5. Exemptions. Grant any exemptions from this chapter or any regulations promulgated pursuant thereto, when appropriate to the maintenance
of good commercial practices within the State;
[1973, c. 91, §5 (new).]
6. Investigations. Conduct investigations to ensure compliance with this chapter;
[1973, c. 91, §5 (new).]
7. Delegation of responsibility. Delegate to appropriate personnel any of these responsibilities for the proper administration of his office;
[1973, c. 91, §5 (new).]
8. Tests. Test annually the standards of weight and measure used by any city or county within the State and approve the same when found
to be correct;
[1973, c. 91, §5 (new).]
9. Inspection -- sale. Inspect and test weights and measures kept, offered or exposed for sale;
[1973, c. 91, §5 (new).]
10. -- commercial use. Inspect and test to ascertain if they are correct, weights and measures commercially used:
A. In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis
of weight, measure or count; or
[1973, c. 91, §5 (new).]
B. In computing the basic charge or payment for services rendered on the basis of weight, measure or count;
[1973, c. 91, §5 (new).]
[1973, c. 91, §5 (new).]
11. -- institutions. Test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance
of which funds are appropriated by the Legislature;
[1973, c. 91, §5 (new).]
12. Approval or rejection. Approve for use, and may mark, such weights and measures as he finds to be correct and shall reject and mark as rejected
such weights and measures as he finds to be incorrect. Weights and measures that have been rejected may be seized, if not
corrected within the time specified or if used or disposed of in a manner not specifically authorized. The state sealer shall
condemn and may seize weights and measures found to be incorrect that are not capable of being made correct; This approval,
rejection, specification or condemnation shall not be considered to be licensing or an adjudicatory proceeding, as those terms
are defined by the Maine Administrative Procedure Act;
[1977, c. 694, §177 (amd).]
13. Sampling. Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery, to
determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance
with this chapter or regulations promulgated pursuant thereto. In carrying out this section, the state sealer shall employ
recognized sampling procedures such as are designated in National Bureau of Standards Handbook 67, "Checking Prepackaged Commodities;"
[1973, c. 91, §5 (new).]
14. Appropriate measure. Prescribe, by regulation adopted in a manner consistent with the Maine Administrative Procedure Act, the appropriate term
or unit of weight or measure to be used, whenever he determines in the case of a specific commodity that an existing practice
of declaring the quantity by weight, measure, numerical count or combination thereof does not facilitate value comparisons
by consumers or offers an opportunity for consumer confusion;
[1977, c. 694, §178 (amd).]
15. Variations. Allow reasonable variation from the stated quantity of contents which shall include those caused by loss or gain of moisture
during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the
commodity has entered intrastate commerce;
[1973, c. 91, §5 (new).]
16. Personnel training. Provide for the weights and measures training of inspection personnel and shall establish minimum training requirements which
shall be met by all municipal and state weights and measures inspection personnel in the State;
[1973, c. 91, §5 (new).]
17. Standards to enforcement. Prescribe the standards of weight and measure, additional equipment and methods of test and inspection to be employed in
the enforcement of this chapter. The state sealer may prescribe or provide, or both, the official test and inspection forms
used in the enforcement of this chapter; and
[1991, c. 712, §1 (amd); §5 (aff).]
18. Registration of commercial motor fuel dispensers. Accept applications for the registration of motor fuel dispensers in accordance with section 2412.
[1991, c. 712, §2 (new); §5 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2403. Special police powers
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2403. Special police powers
When necessary for the enforcement of this chapter or regulations promulgated pursuant thereto, the state sealer is:
[1973, c. 91, § 5 (rpr).]
1. Entry. Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not
open to the public, he shall first present his credentials and obtain consent before making entry thereto, unless a search
warrant has previously been obtained;
[1973, c. 91, § 5 (new).]
2. Orders. Empowered to issue stop-use, hold and removal orders with respect to any weights and measures commercially used and stop-sale,
hold and removal orders with respect to any packaged commodities or bulk commodities kept, offered or exposed for sale. These
stop-use, hold and removal orders shall not be considered to be licensing or an adjudicatory proceeding, as those terms are
defined by the Maine Administrative Procedure Act;
[1977, c. 694, § 179 (amd).]
3. Seizure. Empowered to 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 regulations promulgated
pursuant thereto;
[1973, c. 91, § 5 (new).]
4. Stopping vehicles. Empowered to stop any commercial vehicle and, after presentment of his credentials, inspect the contents, require that the
person in charge of that vehicle produce any documents in his possession concerning the contents and require him to proceed
with the vehicle to some specified place for inspection.
[1973, c. 91, § 5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2404. General inspection and testing of weights, measures and devices (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2404. General inspection and testing of weights, measures and devices (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2405. Investigations
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2405. Investigations
The state sealer shall investigate complaints made to him concerning violations of this chapter, and shall, upon his own initiative,
conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial
quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the
determination and representation of quantity in commercial transactions.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2406. Inspection of packages
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2406. Inspection of packages
The state sealer shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered or
exposed for sale, sold or in the process of delivery, to determine whether the same contain the amounts represented and whether
they be kept, offered or exposed for sale, or sold, in accordance with law. When such packages or amounts of commodities are
found not to contain the amounts represented or are found to be kept, offered or exposed for sale in violation of law, the
state sealer may order them off sale and may mark or stamp them as "illegal." These orders shall not be considered to be licensing
or any adjudicatory proceeding, as those terms are defined by the Maine Administrative Procedure Act. No person shall sell,
or keep, offer or expose for sale any package or amount of commodity that has been ordered off sale as provided in this section,
unless and until such package or amount of commodity has been brought into full compliance with legal requirements, or dispose
of any package or amount of commodity that has been ordered off sale and that has not been brought into compliance with legal
requirements, in any manner, except with the specific approval of the state sealer.
[1977, c. 694, § 180 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2407. Stop-use, stop-removal and removal orders (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2407. Stop-use, stop-removal and removal orders (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2408. Disposition of correct and incorrect apparatus (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2408. Disposition of correct and incorrect apparatus (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2409. Powers of state sealer; right of entry and stoppage (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2409. Powers of state sealer; right of entry and stoppage (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2410. Powers and duties of deputy state sealer and inspectors (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2410. Powers and duties of deputy state sealer and inspectors (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2411. Concurrent jurisdiction
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2411. Concurrent jurisdiction
In municipalities for which sealers of weights and measures have been appointed as provided for in this chapter, the state
sealer shall have concurrent authority to enforce this chapter.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2412. Registration of motor fuel dispensers
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2412. Registration of motor fuel dispensers
It is unlawful to sell motor fuel from a commercial motor fuel dispenser without a certificate of registration.
[1991, c. 712, §3 (new); §5 (aff).]
1. Certificate of registration. The state sealer shall provide application forms and shall issue a certificate of registration upon receipt of a completed
application accompanied by an annual fee of $8 per dispensing nozzle. A certificate of registration expires on December 31st.
The state sealer may issue a registration for a one-year, 2-year or 3-year period. Registrations for a period in excess
of one year may only be issued with the agreement of or at the request of the applicant. The fee for a 2-year registration
is 2 times the annual fee. The fee for a 3-year registration is 3 times the annual fee.
[1997, c. 454, §5 (amd).]
2. Local sealers account. The state sealer shall deposit all fees from applicants with commercial dispensers in municipalities with duly appointed
local sealers into a separate, nonlapsing account, known as the local sealers account. Funds from this account may be used
for costs associated with carrying out this subchapter. The state sealer shall deposit all other fees received under this
section into the General Fund.
[1995, c. 665, Pt. T, §1 (amd).]
3. Payment from local sealers account. Upon receiving verification from a local sealer that a registered fuel dispenser has been inspected and conforms to standards
established for fuel dispensers, the state sealer shall pay to the local sealer $8 per dispensing nozzle.
[1995, c. 665, Pt. T, §1 (amd).]
4. No additional fee. A state or local sealer may not assess a fee for periodic testing and sealing of retail motor fuel dispensers.
[1991, c. 712, §3 (new); §5 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2413. Gasoline labeling (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 3: STATE SEALER §2413. Gasoline labeling (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2451. Election by municipal officers
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 4: LOCAL SEALERS §2451. Election by municipal officers
The municipal officers of each municipality shall elect or appoint a sealer of weights and measures, and a deputy sealer if
necessary, not necessarily a resident therein, and said sealer and deputy shall hold office during their efficiency and the
faithful performance of their duties. On complaint being made to said officers of the inefficiency or neglect of duty of a
sealer or deputy sealer, the said officers shall set a date for and give notice of a hearing to the complainant, sealer complained
of and the state sealer. If evidence satisfies the said officers that the said sealer or deputy sealer has been inefficient
or has neglected his duty, they may remove him from office and elect or appoint another in his stead. The state sealer shall
have jurisdiction over said sealer or deputy sealer and any vacancy caused by death or resignation shall be filled by election
or appointment by said municipal officers within 30 days. For each month that said municipal officers neglect their duty,
they severally shall forfeit $10. Within 10 days after each such election or appointment, the clerk of each municipality shall
communicate the name of the person so elected or appointed to the state sealer and for neglect of this duty shall forfeit
$10. Such sealer of weights and measures in any municipality may be sealer for several municipalities, if such is the pleasure
of the municipal officers therein, provided such action received the approval of the state sealer.
[1973, c. 91, § 7 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2452. Appointment by state sealer
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 4: LOCAL SEALERS §2452. Appointment by state sealer
The municipal officers of any municipality may request the state sealer to appoint a qualified person to serve as sealer of
weights and measures in lieu of local appointment or election as provided for in section 2451. If a municipality fails to
elect or appoint a sealer and make a return to the state sealer of such election or appointment within 30 days after the regular
municipal election, the state sealer may appoint a qualified person to act as sealer of weights and measures. Any person appointed
under this section may serve in such capacity in more than one municipality.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2453. -- powers and duties
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 4: LOCAL SEALERS §2453. -- powers and duties
Any weights and measures official elected or appointed for a municipality shall have the duties enumerated in section 2402,
subsections 2 to 9 and the powers enumerated in section 2403. These powers and duties shall extend to their respective jurisdictions.
[1973, c. 91, § 7 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2454. Testing of standards of municipalities (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 4: LOCAL SEALERS §2454. Testing of standards of municipalities (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2455. Records of weights and measures sealed; annual report
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 4: LOCAL SEALERS §2455. Records of weights and measures sealed; annual report
The several municipal sealers shall keep records of all weights and measures, balances and measuring devices inspected, sealed
or condemned by them, giving the name of the owner or agent, the place of business, the date of inspection and kind of apparatus
so inspected, sealed or condemned. Each sealer shall make an annual report on July 1st for the 12 preceding months on forms
prescribed by the state sealer, and shall furnish such information as the state sealer shall require.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2501. Qualifications
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2501. Qualifications
1. Individual license. A person wishing to be a licensed public weighmaster shall make application to the state sealer upon forms provided by the
state sealer, and each application must be accompanied by an annual fee of $25. When the state sealer receives an application
and is satisfied that the applicant is of good moral character, has the ability to weigh accurately and to make correct weight
certificates, has passed such oral or written examination as the state sealer may require and makes an oath to execute the
requisite duties satisfactorily, the state sealer shall grant the applicant a license as a public weighmaster. A license
expires on December 31st annually or in a manner consistent with the Maine Administrative Procedure Act, whichever is later,
unless sooner revoked or suspended under section 2506.
Except as provided in subsection 2, a licensed public weighmaster shall, at the public weighmaster's own expense, procure
an impression seal. The public weighmaster's name and the word "Maine" must be inscribed around the outer margin of the seal
and the words "licensed public weighmaster" must appear in the center of the seal. The seal must be impressed upon each weight
certificate issued by the licensed public weighmaster.
[1999, c. 646, §1 (new).]
2. Corporate license. A business, company or corporation wishing to be a licensed corporate public weighmaster shall make application to the state
sealer upon forms provided by the state sealer. The application must name the owner or manager of the business, company or
corporation who is making the application. Each application must be accompanied by an annual fee of $250 and a list of employees
who hold valid individual licenses under subsection 1. When the state sealer receives an application and is satisfied that
the business, company or corporation has the ability to train its employees to weigh accurately and to make correct weight
certificates and that at least one employee of that business, company or corporation holds a valid individual license under
subsection 1, the state sealer shall grant the business, company or corporation a license as a corporate public weighmaster.
A license expires on December 31st annually or in a manner consistent with the Maine Administrative Procedure Act, whichever
is later, unless sooner revoked or suspended under section 2506.
The holder of a corporate license must notify the state sealer when a licensed public weighmaster begins or leaves employment
with that business, company or corporation. The state sealer shall assign a number to each licensed public weighmaster operating
under a corporate license. A corporate licensed public weighmaster shall procure, at the corporation's expense, an impression
seal. The business, company or corporation name and the word "Maine" must be inscribed around the outer margin of the seal.
The words "licensed corporate public weighmaster" must appear in the center of the seal with a number identifying the individual
who is operating under the corporate weighmaster license. The seal and correct identifying number must be impressed upon
each weight certificate issued under the corporate license. A person who does not hold a valid license under subsection 1
may not issue a weight certificate under a corporate license.
[1999, c. 646, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2502. Scale used; type; test
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2502. Scale used; type; test
When making a weight determination as provided for by this chapter, a licensed public weighmaster shall use a weighing device
that is of a type suitable for the weighing of the amount and kind of material to be weighed and that has been tested and
approved for use by the state sealer or a sealer within a period of 12 months immediately preceding the date of weighing.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2503. Capacity; platform size; one-draft weighing
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2503. Capacity; platform size; one-draft weighing
A licensed public weighmaster shall not use any scale to weigh a load, the weight of which exceeds the nominal or rated capacity
of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall
be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully,
completely and as one entire unit. If a combination of vehicles must be broken up into separate units in order to be weighed
as prescribed, each such separate unit shall be entirely disconnected before weighing and a separate weight certificate shall
be issued for each such separate unit.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2504. Action by unlicensed persons
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2504. Action by unlicensed persons
No person shall assume the title "licensed public weighmaster," or any title of similar import, perform the duties or acts
to be performed by a licensed public weighmaster, hold himself out as a licensed public weighmaster, issue any weight certificate,
ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing,
unless he holds a valid license as a licensed public weighmaster. "Public weighing," as used in this section, shall mean the
weighing for any person, upon request, of property, produce, commodities or articles other than those which the weigher or
his employer, if any, is either buying or selling.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2505. Malfeasance
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2505. Malfeasance
1. Falsification of certificate. A licensed public weighmaster who falsifies a weight certificate or who delegates authority to a person not licensed as
a licensed public weighmaster or who preseals a weight certificate with the licensed public weighmaster's official seal before
performing the act of weighing commits a civil violation for which a fine of not more than $100 may be adjudged.
[2003, c. 452, Pt. E, §7 (new); Pt. X, §2 (aff).]
2. Misuse of seal. A holder of a corporate public weighmaster's license may not allow a person not licensed as a licensed public weighmaster
to issue a weight certificate using the corporate seal.
A. A person who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.
[2003, c. 452, Pt. E, §7 (new); Pt. X, §2 (aff).]
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which
a fine of not more than $1,000 may be adjudged.
[2003, c. 452, Pt. E, §7 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. E, §7 (new); Pt. X, §2 (aff).]
3. Holder of corporate license. For the purposes of this section, the person whose name appears on the application for a corporate license pursuant to section
2501, subsection 2 is deemed to be the holder of the corporate license.
[2003, c. 452, Pt. E, §7 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2506. Suspension or revocation of license
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 5: WEIGHMASTER §2506. Suspension or revocation of license
The state sealer is authorized, in a manner consistent with the Maine Administrative Procedure Act, to refuse to renew, and
the District Court is authorized, on complaint of the state sealer or the Attorney General, to suspend or revoke the license
of any licensed public weighmaster or licensed corporate public weighmaster when the licensee has violated any provision of
this chapter or of any valid regulation of the state sealer affecting a licensed public weighmaster.
[1999, c. 547, Pt. B, §78 (amd); §80 (aff); c. 646, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2551. Required entries
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 6: WEIGHT CERTIFICATES §2551. Required entries
The weight certificate forms shall be approved by the state sealer and shall contain the following information: The date of
issuance, the kind of property, produce, commodity or article weighed, the name of the declared owner or agent of the owner
or of the consignee of the material weighed, the accurate weight of the material weighed, the means by which the material
was being transported at the time it was weighed and such other available information as may be necessary to distinguish or
identify the property, produce, commodity or article from others of like kind. Such weight certificate, when so made and properly
signed and sealed, shall be prima facie evidence of the accuracy of the weights shown.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2552. Execution; requirements
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 6: WEIGHT CERTIFICATES §2552. Execution; requirements
A licensed public weighmaster shall not enter on a weight certificate issued by him any weight values but such as he has personally
determined, and he shall make no entries on a weight certificate issued by some other person. A weight certificate shall be
so prepared as to show clearly that weight or weights were actually determined. If the certificate form provides for the entry
of gross, tare and net weights, in any case in which only the gross, the tare or the net weight is determined by the weighmaster
he shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare
weights are shown on a weight certificate and both of these were not determined on the same scale and on the day for which
the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each such weight
and the date of each such determination.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2553. Copies preserved and available
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 6: WEIGHT CERTIFICATES §2553. Copies preserved and available
A licensed public weighmaster shall keep and preserve for at least one year, or for such longer period as may be specified
in the regulations authorized to be issued for the enforcement of this chapter, a legible carbon copy of each weight certificate
issued by him, which copies shall be open at all reasonable times for inspection by the state sealer or a sealer.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2554. Reciprocal acceptance
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 6: WEIGHT CERTIFICATES §2554. Reciprocal acceptance
Whenever in any other state which licenses public weighmasters, there is statutory authority for the recognition and acceptance
of the weight certificates issued by licensed weighmasters of this State, the state sealer of this State is authorized to
recognize and accept the weight certificates of such other state.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2601. Method of sale (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2601. Method of sale (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2602. Declarations of quantity and origin; tolerances; exceptions (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2602. Declarations of quantity and origin; tolerances; exceptions (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2603. Declarations of unit price on random packages (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2603. Declarations of unit price on random packages (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2604. Misleading packages (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2604. Misleading packages (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2605. Commodity in package form defined (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2605. Commodity in package form defined (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2606. Sale by weight (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2606. Sale by weight (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2607. Misrepresentation of price; display of basic quantity and fraction in price per unit (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2607. Misrepresentation of price; display of basic quantity and fraction in price per unit (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2608. Meat, fish and poultry (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2608. Meat, fish and poultry (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2609. Butter, oleomargarine and margarine (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2609. Butter, oleomargarine and margarine (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2610. Fluid dairy products (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2610. Fluid dairy products (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2611. Flour, corn meal and hominy grits (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2611. Flour, corn meal and hominy grits (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2612. Coal, coke and charcoal (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2612. Coal, coke and charcoal (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2613. Wood (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2613. Wood (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2614. Ice (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2614. Ice (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2615. Textile products (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2615. Textile products (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2616. Berries and small fruits (REPEALED)
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7: SALE OF COMMODITIES §2616. Berries and small fruits (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2621. Misrepresentation of quantity
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2621. Misrepresentation of quantity
No person shall sell, offer or expose for sale less than the quantity he represents, nor take any more than the quantity he
represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined.
[1973, c. 91, § 10 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2622. Misrepresentation of pricing
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2622. Misrepresentation of pricing
No person shall misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight,
measure or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
[1973, c. 91, § 10 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2623-A. Certain wood by-products
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2623-A. Certain wood by-products
A carrier transporting loose sawdust or wood shavings for final delivery to a destination where they will be used in the production
of agricultural commodities shall conspicuously label the volume capacity of the vehicle in cubic feet or cords. For the purposes
of this section a cord means 128 cubic feet.
[1981, c. 288 (new).]
div> Any sale from a vehicle covered by this section shall be accompanied by a sales slip indicating the volume sold.
[1981, c. 288 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2623. Method of sale
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2623. Method of sale
1. Sales of commodities. Except as otherwise provided by the State Sealer, sales of commodities must comply with the following:
A. Commodities in liquid form must be sold by liquid measure or by weight;
[2001, c. 491, §1 (new).]
B. Commodities not in liquid form must be sold only by weight, by measure or by count; and
[2001, c. 491, §1 (new).]
C. A seller selling commodities in liquid form and using temperature compensators must have the seller's entire fleet of vehicles
equipped with temperature compensators or have prior approval by the State Sealer for regional use of temperature compensators,
and must provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.
Such equipment must be sealed and in use throughout the year.
[2001, c. 491, §1 (new).]
[2001, c. 491, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2624. Sale from bulk
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2624. Sale from bulk
Whenever the quantity is determined by the seller, bulk sales in excess of $20 and all bulk deliveries of heating fuel shall
be accompanied by a delivery ticket containing the following information:
[1973, c. 91, § 10 (new).]
1. Name and address. The name and address of the vendor and purchaser;
[1973, c. 91, § 10 (new).]
2. Date. The date delivered;
[1973, c. 91, § 10 (new).]
3. Quantity. The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, including
when temperature-compensated sales are made, that fact must be stated;
[2001, c. 491, §2 (amd).]
4. Identity. The identity in the most descriptive terms commercially practicable, including any quality representation made in connection
with the sale;
[1973, c. 91, § 10 (new).]
5. Count. The count of individually wrapped packages if more than one.
[1973, c. 91, § 10 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2625. Information required on packages
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2625. Information required on packages
Except as otherwise provided in this chapter or by regulations promulgated pursuant thereto, any package kept for the purpose
of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration
of:
[1973, c. 91, §10 (new).]
1. Identity. The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
[1973, c. 91, §10 (new).]
2. Quantity. The quantity of contents in terms of weight, measure or count;
[1973, c. 91, §10 (new).]
3. Name and place of business. The name and place of business of the manufacturer, packer or distributor in the case of any package kept, offered or exposed
for sale.
[1975, c. 108 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2626. Declarations of unit price on random packages
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2626. Declarations of unit price on random packages
In addition to the declarations required by section 2625, any package being one of a lot containing random weights of the
same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous
declaration of the price per single unit of weight.
[1973, c. 91, § 10 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2627. Advertising packages for sale
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2627. Advertising packages for sale
Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously
associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Where
a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or
measure need appear in the advertisement.
[1973, c. 91, § 10 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2628. Conformity to national method of sale regulations
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2628. Conformity to national method of sale regulations
The methods, units, terms and other requirements for the sale of commodities, as adopted by the National Conference on Weights
and Measures and published in the National Bureau of Standards, or as published in the National Institute of Standards and
Technology, "Model State Method of Sale of Commodities Regulation," and supplements or revisions to those publications, shall
apply to the sale of commodities in the State of Maine, except insofar as specifically modified, amended or rejected by a
regulation issued by the state sealer.
[1989, c. 24, §4 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2629. Conformity to national packaging and labeling regulations
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 7-A: SALE OF COMMODITIES §2629. Conformity to national packaging and labeling regulations
The packaging and labeling requirements for consumer and nonconsumer packages, as adopted by the National Conference on Weights
and Measures and published in the National Bureau of Standards, "Model State Packaging and Labeling Regulation," or in publications
of the National Institute of Standards and Technology, successor organization to the National Bureau of Standards, or in any
supplements or revisions to those publications, shall apply to any package kept for the purpose of sale or offered or exposed
for sale in the State of Maine, except insofar as specifically modified, amended or rejected by a regulation issued by the
state sealer.
[1989, c. 24, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2651. Registration; certificates
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2651. Registration; certificates
Any person wishing to be registered as a dealer or repairman shall make application to the state sealer upon forms provided
by the state sealer, furnishing such pertinent information as may be required and each application must be accompanied by
an annual fee of $25. Upon approval, the state sealer shall issue to the applicant a registration certificate that expires
on December 31st, or in the manner provided in the Maine Administrative Procedure Act, Title 5, chapter 375, whichever is
later, unless sooner suspended or revoked under section 2655. A registration may be issued for a one-year, 2-year or 3-year
period. Registrations for a period in excess of one year may only be issued with the agreement of or at the request of the
applicant. The fee for a 2-year registration is 2 times the annual fee. The fee for a 3-year registration is 3 times the
annual fee.
[1997, c. 454, §7 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2652. Handling of condemned devices; disposition
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2652. Handling of condemned devices; disposition
A dealer or repairman who accepts weighing or measuring devices, which have been condemned by the state sealer in trade for
new or used weighing or measuring devices, and which are intended to be dismantled or destroyed, upon receipt thereof, shall
remove the condemned tags. Such condemned tags shall be returned to the state sealer within 10 days thereafter, with a statement
describing the weighing or measuring device, giving the number of the weighing or measuring device, if obtainable, and the
name and address of the former owner or user from whom it was received. There shall be furnished a statement of what disposition
has been made of the weighing or measuring device.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2653. Reports to state sealer
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2653. Reports to state sealer
Every dealer or repairman, within 10 days after the making of a repair, adjustment or the sale and delivery of a new, repaired,
rebuilt, exchanged or used weighing or measuring device, shall notify, in writing, the state sealer, giving the name and address
of the person, firm, copartnership, corporation or association for whom such repair has been made, or to whom a repaired,
rebuilt, adjusted, exchanged or used weighing or measuring device has been sold or delivered. The dealer or repairman shall
make a written statement that the same has been so altered, rebuilt or repaired as to conform to the standard specifications
and regulations of the state sealer. Every dealer and repairman, registered pursuant to section 2651, shall submit to the
state sealer the name and address of every person, firm, copartnership, corporation or association for whom weighing or measuring
devices are adjusted, repaired, rebuilt or to whom a new, adjusted, repaired, rebuilt, exchanged or used weighing or measuring
device has been sold or delivered.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2654-A. Retail vehicle tank metering devices
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2654-A. Retail vehicle tank metering devices
A repairman registered and otherwise regulated under this subchapter may test and calibrate retail vehicle tank metering devices
for the delivery of petroleum products, provided that the state sealer has determined that the repairman is qualified, on
the basis of his competency and his proper use of correct equipment, to perform those tests and calibrations. The state sealer
shall note his determination of that qualification on the repairman's registration certificate and shall make a new determination
of qualification each time the certificate is renewed.
[1985, c. 33, § 1 (new).]
div> Such a metering device which has been tested and, if necessary, calibrated by a repairman in accordance with this section
shall not be tested or calibrated by the state sealer within the 12-month period following the date of the testing and calibration
unless testing or calibration by the state sealer is requested by the owner or operator of the device, except that the state
sealer may test and, if necessary, calibrate any such device for the purpose of evaluating the competency of any repairman
or for the purpose of investigation of a complaint. When the state sealer tests or calibrates such a device for those purposes,
he shall not charge any fee if the device has been tested and, if necessary, calibrated within the previous 12 months and
he finds the device to be correct.
[1985, c. 33, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2654. Calibration of testing equipment; certificate
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2654. Calibration of testing equipment; certificate
A dealer or repairman shall submit his testing equipment at least once a year to the office of the state sealer for comparison
and calibration with the standard maintained by such state sealer. After comparison and calibration, the state sealer shall
issue to such dealer or repairman a certificate of his findings.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2655. Suspension or revocation of registration of dealers or repairmen
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2655. Suspension or revocation of registration of dealers or repairmen
The state sealer is authorized to refuse to renew the certificate of any registered dealer or repairman when he is satisfied,
after providing notice and opportunity for a hearing in a manner consistent with the Maine Administrative Procedure Act as
to adjudicatory hearings, that the registrant has violated this subchapter or is found to be an incompetent, inefficient,
unscrupulous or unsuitable person to be engaged as a dealer or repairman. The District Court, upon complaint of the state
sealer or the Attorney General, is authorized to suspend or revoke the certificate of any registered dealer or repairman on
the same grounds.
[1977, c. 694, § 185 (rpr); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2656. Penalties for violations
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 8: DEALERS AND REPAIRMEN §2656. Penalties for violations
1. Violation of subchapter; first and subsequent offenses. The following penalties apply to violations of this subchapter.
A. A person who violates a provision of this subchapter commits a civil violation for which a fine of not more than $100 may
be adjudged.
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
B. A person who violates a provision of this subchapter after having previously violated this subchapter commits a civil violation
for which a fine of not more than $200 may be adjudged.
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
2. Conducting business without license; first and subsequent offenses. A person may not conduct a business of dealer or repairman without having a certificate in full force.
A. A person who violates this subsection commits a civil violation for which a fine of not more than $100 may be adjudged.
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
B. A person who violates this subsection after having previously violated this subsection commits a civil violation for which
a fine of not more than $200 may be adjudged.
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. E, §8 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2701. Schedule
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 9: FEES §2701. Schedule
The Commissioner of Agriculture, Food and Rural Resources is authorized, after consultation with municipal authorities and
representatives of industry, to hold a public hearing for the purpose of establishing fees of the state sealer and the sealers
of weights and measures for testing weights and measures to be paid by the person for whom the service is rendered.
[1979, c. 731, § 19 (amd).]
div> Promulgation and establishment of fees shall follow the procedure and be subject to the requirements as to rulemaking of the
Maine Administrative Procedure Act.
[1977, c. 694, § 186 (amd).]
div> No sealer shall charge a fee provided by this section unless he has adequate equipment to test accurately and which equipment
has been approved to perform the service rendered by the state sealer.
div> The state sealer or sealers shall not charge a fee for testing or calibrating, weighing and measuring devices which have been
calibrated or tested and approved within a period of 3 months from time of approval, provided the same are found to be correct,
except fees for testing or calibrating retail vehicle tank metering devices tested or calibrated by a repairman in accordance
with section 2654-A shall be charged as provided in that section.
[1985, c. 33, § 2 (amd).]
div> When any person requests an inspection of any measuring device, the state sealer, deputy or inspector is authorized to charge
an amount sufficient to cover the cost of actual expense incurred in performing this special service, including mileage, lodging
and meals, in addition to the inspection fees described.
div> All fees and expenses collected under this chapter by the state sealer shall be deposited in the General Fund.
[1979, c. 672, Pt. A, § 48 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2702. Penalty for failure to pay
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 9: FEES §2702. Penalty for failure to pay
1. Payment for services rendered. A person, firm or corporation for whom scales, weights and measures or any weighing or measuring devices have been tested
by a local sealer of weights and measures may not neglect or refuse to pay for the services rendered.
[2003, c. 452, Pt. E, §9 (new); Pt. X, §2 (aff).]
2. Penalties. The following penalties apply to violations of this section.
A. A person, firm or corporation who violates subsection 1 commits a civil violation for which a fine of $3 plus costs must
be adjudged.
[2003, c. 452, Pt. E, §9 (new); Pt. X, §2 (aff).]
B. A person, firm or corporation who violates subsection 1 after having previously violated subsection 1 commits a civil violation
for which a fine of not less than $10 plus costs and not more than $20 plus costs must be adjudged.
[2003, c. 452, Pt. E, §9 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. E, §9 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2751. Offenses and penalties
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 10: ENFORCEMENT AND JURISDICTION §2751. Offenses and penalties
A person who violates the following enumerated provisions or any provision of this chapter or rules adopted pursuant thereto,
for which a specific penalty has not been prescribed, commits a civil violation for which a forfeiture must be adjudged in
an amount not less than $50 nor more than $2,000.
[1991, c. 650, §1 (amd).]
div> A person may not:
[1991, c. 650, §1 (amd).]
1. Use or have in possession. Use or have in possession for use in commerce any incorrect weight or measure;
[1973, c. 91, §11 (rpr).]
2. Remove tag, seal or mark. Remove any tag, seal or mark from any weight or measure without specific written authorization from the proper authority;
[1973, c. 91, §11 (rpr).]
3. Hinder or obstruct. Hinder or obstruct any weights and measures official in the performance of that official's duties;
[1991, c. 650, §1 (amd).]
4. Use of scale. Use any scale that requires permanent installation that has been relocated without first having the same tested and approved
by the state sealer or a sealer;
[1991, c. 650, §1 (amd).]
5. Sale of less quantity represented. Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing or service;
[1991, c. 650, §1 (amd).]
6. Take more quantity as buyer. Take more than the quantity the person represents of any commodity, thing or service when, as a buyer, the person furnishes
the weight or measure by means of which the amount of the commodity, thing or service is determined; or
[1991, c. 650, §1 (amd).]
7. Commodity in unlawful condition. Keep for the purpose of sale, advertise or offer or expose for sale, or sell any commodity, thing or service in a condition
or manner contrary to law or rule.
[1991, c. 650, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2752. Jurisdiction
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 10: ENFORCEMENT AND JURISDICTION §2752. Jurisdiction
The District Court and the Superior Court shall have concurrent jurisdiction of prosecutions for all offenses against the
laws pertaining to weights and measures.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2753. Injunction
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 10: ENFORCEMENT AND JURISDICTION §2753. Injunction
The state sealer is authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining
any person from violating any provision of this chapter or any rule promulgated pursuant to this chapter.
[1983, c. 804, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2754. Presumptive evidence
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 10: ENFORCEMENT AND JURISDICTION §2754. Presumptive evidence
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which
buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing
or measuring device is regularly used for the business purposes of that place.
[1973, c. 91, § 12 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §2755. Regulations to be unaffected by repeal or prior enabling statute
Title 10: COMMERCE AND TRADE Part 6: WEIGHTS AND MEASURES Chapter 501: WEIGHTS AND MEASURES LAW Subchapter 10: ENFORCEMENT AND JURISDICTION §2755. Regulations to be unaffected by repeal or prior enabling statute
The adoption of this Act or any of its provisions shall not affect any regulations promulgated pursuant to the authority of
any earlier enabling statute unless inconsistent with this Act or modified or revoked by the state sealer.
[1973, c. 91, § 12 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
|
|
|
|