USA Statutes : nevada
Title : Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING
Chapter : CHAPTER 582 - PUBLIC WEIGHMASTERS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 582.004
to 582.017 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 2321 )
“Division” means the Division of
Measurement Standards of the State Department of Agriculture.
(Added to NRS by 2003, 2321 )
“Public weighing” means
the weighing, measuring or counting, upon request, of vehicles, property,
produce, commodities or articles other than those that the weigher or his
employer, if any, is either buying or selling.
(Added to NRS by 2003, 2321 )
“Public weighmaster”
means any person who performs public weighing.
(Added to NRS by 2003, 2321 )
“Vehicle” means any device other
than a railroad freight car in, upon or by which any property, produce,
commodity or article is or may be transported or drawn.
(Added to NRS by 2003, 2321 )
ADMINISTRATION
The
State Sealer of Weights and Measures shall:
1. Enforce the provisions of this chapter;
2. Adopt regulations establishing a schedule of civil penalties
for any violation of this chapter;
3. Adopt reasonable regulations for the enforcement of this
chapter; and
4. Adopt regulations relating to public weighing that include,
without limitation:
(a) The qualifications of an applicant for a license as a public
weighmaster;
(b) Requirements for the renewal of a license as a public
weighmaster;
(c) The period of validity of a license as a public weighmaster;
(d) Measurement practices that must be followed, including the
measurement or recording of tare weight;
(e) The required information to be submitted with or as part of a
certificate of weights and measures; and
(f) The period for which records must be kept.
(Added to NRS by 2003, 2321 )
The State
Sealer of Weights and Measures may adopt such regulations as are
reasonably necessary to carry out the provisions of this chapter. Any
such regulations shall comply, insofar as practicable, with
specifications, tolerances and regulations recommended by the National
Institute of Standards and Technologies.
(Added to NRS by 1971, 345; A 1977, 614; 2003, 2326 )
The State Sealer
of Weights and Measures may apply to a court of competent jurisdiction
for a restraining order, or a temporary or permanent injunction,
restraining a person from violating any provision of this chapter or any
regulation adopted pursuant thereto.
(Added to NRS by 2003, 2326 )
PUBLIC WEIGHMASTERS
Except as otherwise
provided in NRS 582.029 , to act as a
public weighmaster, a person must receive a license from the State Sealer
of Weights and Measures. To qualify for a license, a person must:
1. Be able to weigh and measure accurately;
2. Be able to generate correct certificates of weights and
measures; and
3. Possess such other qualifications as required by the
regulations adopted pursuant to this chapter.
(Added to NRS by 2003, 2322 )
1. Except as otherwise provided in this section, the following
persons may, but are not required to, obtain licenses as public
weighmasters to engage in public weighing:
(a) A law enforcement or weights and measures officer or other
qualified employee of the State, a city or a county agency or institution
when acting within the scope of his official duties.
(b) A person weighing property, produce, commodities or articles:
(1) That he or his employer is buying or selling; or
(2) In conformity with the requirements of federal statutes
or the statutes of this state relating to warehousemen or processors.
2. A person described in subsection 1 shall not issue a
certificate of weights and measures unless he holds a license as a public
weighmaster.
(Added to NRS by 2003, 2324 )
1. Any person may apply to the State Sealer of Weights and
Measures for licensure as a public weighmaster with authority to issue
state certificates of weights and measures upon which the purchase or
sale of commodities or charge for services or equipment will be based.
2. Before issuing a license as a public weighmaster, the State
Sealer of Weights and Measures or his deputy must:
(a) Test all weighing apparatus to be used.
(b) Inspect the premises intended for such use.
(c) Satisfy himself that the applicant is in every way equipped,
qualified, competent and of such character that he should be issued a
license as a public weighmaster.
[Part 1:92:1923; NCL § 8307] + [Part 9:92:1923; A 1955, 295]—(NRS A
1977, 614; 2003, 2326 )
An applicant
for a license as a public weighmaster must furnish evidence on a form
provided by the State Sealer of Weights and Measures that he has the
qualifications required by NRS 582.028 .
(Added to NRS by 2003, 2322 )
The State Sealer of Weights and Measures shall determine
the qualifications of an applicant for a license as a public weighmaster
based on:
1. The information provided on the application and any
supplementary information determined appropriate by the State Sealer of
Weights and Measures; and
2. The results of an examination of the knowledge of the applicant.
(Added to NRS by 2003, 2322 )
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. An applicant for the issuance or renewal of a license as a
public weighmaster shall submit to the State Sealer of Weights and
Measures the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The State Sealer of Weights and Measures shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of a license as a public weighmaster; or
(b) A separate form prescribed by the State Sealer of Weights and
Measures.
3. A license as a public weighmaster may not be issued or renewed
by the State Sealer of Weights and Measures pursuant to NRS 581.103
if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the State Sealer of
Weights and Measures shall advise the applicant to contact the district
attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2098; A 2003, 2326 )
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] An application for a license as a public
weighmaster must include the social security number of the applicant.
(Added to NRS by 1997, 2099; A 2003, 2327 )
If satisfied with the
qualifications of the applicant, the State Sealer of Weights and Measures
shall issue a license as a public weighmaster, for which license he shall
charge a fee established by regulation of the State Board of Agriculture.
[Part 9:92:1923; A 1955, 295]—(NRS A 1967, 101; 1977, 614; 1983,
1102; 1999, 3599 ; 2003, 2327 )
The State Sealer
of Weights and Measures shall:
1. Grant licenses as public weighmasters to qualified applicants;
and
2. Keep a record of all applications submitted and all licenses
issued.
(Added to NRS by 2003, 2322 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the State Sealer of Weights and Measures receives a copy of
a court order issued pursuant to NRS 425.540 that provides for the suspension of all
professional, occupational and recreational licenses, certificates and
permits issued to a person who is licensed as a public weighmaster, the
State Sealer of Weights and Measures shall deem the license to be
suspended at the end of the 30th day after the date on which the court
order was issued unless he receives a letter issued to the licensee by
the district attorney or other public agency pursuant to NRS 425.550
stating that the licensee has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to
NRS 425.560 .
2. The State Sealer of Weights and Measures shall reinstate a
license of appointment as a public weighmaster suspended by a district
court pursuant to NRS 425.540 if the
State Sealer of Weights and Measures receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2098; A 2003, 2327 )
The State Sealer of Weights and Measures may suspend or
revoke the license of a public weighmaster:
1. When, following a hearing held after 10 days’ notice to the
licensee, the State Sealer of Weights and Measures is satisfied that the
licensee has violated a provision of this chapter or any regulation
adopted pursuant thereto;
2. When the licensee has been convicted in a court of competent
jurisdiction of violating a provision of this chapter or any regulation
adopted pursuant thereto; or
3. When the licensee is convicted of a felony.
(Added to NRS by 2003, 2325 )
CERTIFICATES OF WEIGHTS AND MEASURES
1. A certificate of weights and measures, when properly filled out
and signed, is prima facie evidence of the accuracy of the measurements
shown.
2. The design of and the information to be furnished on a
certificate of weights and measures must be prescribed by the State
Sealer of Weights and Measures by regulation, and include, without
limitation:
(a) The name and license number of the public weighmaster;
(b) The kind of commodity weighed, measured or counted;
(c) The name of the owner, agent or consignee of the commodity;
(d) The name of the recipient of the commodity, if applicable;
(e) The date on which the certificate is issued;
(f) The consecutive number of the certificate;
(g) The identification, including any identification number, of the
carrier transporting the commodity, and the identification number or
license number of the vehicle;
(h) Any relevant information needed to distinguish or identify the
commodity from a like kind;
(i) The number of units of the commodity, if applicable;
(j) The measure of the commodity, if applicable;
(k) The weight or mass of the commodity and the vehicle or
container, if applicable, as follows:
(1) The gross weight of the commodity and the associated
vehicle or container;
(2) The tare weight of the unladened vehicle or container; or
(3) Both the gross and tare weight and the resultant net
weight of the commodity; and
(l) The signature of the public weighmaster who determined the
weight, measure or count.
(Added to NRS by 2003, 2322 )
1. When filling out a certificate of weights and measures, a
public weighmaster:
(a) Shall enter the measurement values so that the certificate
clearly shows that the measurements were actually determined;
(b) Shall enter only the measurement values personally determined;
and
(c) Shall not enter any measurement values determined by other
persons.
2. If the certificate of weights and measures provides for entries
of gross, tare or net weight or measure, the public weighmaster shall:
(a) Strike out or otherwise cancel the printed entries for the
values not determined; or
(b) If the values were not determined on the same scale or on the
same date shown on the certificate, enter on the certificate the scale
and date on which the values were determined.
(Added to NRS by 2003, 2322 )
A public weighmaster shall keep and preserve
a legible copy of each certificate of weights and measures which he
issues for the period specified by the State Sealer of Weights and
Measures by regulation. The certificates must be available for inspection
by an authorized employee of the Division during normal office hours.
(Added to NRS by 2003, 2324 )
The State Sealer of Weights and Measures
may recognize and accept certificates of weights and measures issued by
licensed public weighmasters of any other state if that other state
recognizes and accepts certificates of weights and measures issued by
licensed public weighmasters of this state.
(Added to NRS by 2003, 2324 )
STANDARDS FOR PUBLIC WEIGHING
A public
weighmaster shall only use measurement practices and equipment:
1. In accordance with the provisions of this chapter and any
regulations adopted pursuant thereto; and
2. That have been examined, tested and approved for use by an
authorized employee of the Division.
(Added to NRS by 2003, 2323 )
1. Except as otherwise provided in subsection 2:
(a) A public weighmaster shall not weigh a vehicle or combination
of vehicles when part of the vehicle or connected combination is not
resting fully, completely and as one entire unit on the scale.
(b) When weighing a combination of vehicles that will not rest
fully, completely and as one complete unit on the scale platform:
(1) The combination of vehicles must be disconnected and
weighed in single drafts; and
(2) The weights of the single drafts may be combined in order
to issue a single certificate of weights and measures for the
combination, provided that the certificate indicates that the total
represents a combination of single draft weighings.
2. A public weighmaster who operates a vehicle scale that was
installed before January 1, 2004, may apply to the State Sealer of
Weights and Measures for a permanent variance from the requirements of
subsection 1 that would allow the split weighing of certain vehicles or
combinations of vehicles. The request must contain:
(a) The name, address and telephone number of the public
weighmaster and the reason for the request.
(b) The name of the manufacturer, and the type, location, deck
length, serial number and capacity, of the vehicle scale.
(c) The maximum distance between the front and rear outer axles of
a vehicle or combination of vehicles to which the variance would apply.
(d) A statement certifying that, during the split weighing of any
vehicle or combination of vehicles, the public weighmaster will verify
that:
(1) Each axle of the vehicle or combination of vehicles
rests on a straight surface which is level with the deck of the vehicle
scale or which, if not level, the amount by which it is out of level does
not exceed 1/3 inch per foot of distance between the deck of the vehicle
scale and the axle;
(2) The brakes of the vehicle or combination of vehicles are
not used; and
(3) The transmission of the vehicle or combination of
vehicles is in neutral.
(Added to NRS by 2003, 2323 )
UNLAWFUL ACTS AND PENALTIES
1. A person shall not:
(a) Except as otherwise provided in NRS 582.029 , act as a public weighmaster without a valid
license, including, without limitation:
(1) Assuming the title of public weighmaster or any similar
title;
(2) Performing the duties or acts to be performed by a
public weighmaster;
(3) Holding himself out as a public weighmaster;
(4) Issuing any certificate of weights and measures, ticket,
memorandum or statement for which a fee is charged; or
(5) Engaging in a full-time or part-time business of
measuring for hire;
(b) Use or operate any device for purposes of certification that
does not meet, or is not operated in accordance with, the provisions of
chapter 581 of NRS and any regulations
adopted pursuant thereto relating to the specifications, tolerances and
other technical requirements for weighing and measuring devices;
(c) Falsify a certificate of weights and measures or falsely
certify any gross, tare or net weight or measure required by this chapter
to be on the certificate;
(d) Refuse without cause to weigh or measure any article or thing
which is his duty to weigh or measure, or refuse to state in any
certificate anything required to be therein;
(e) Hinder or obstruct in any way the State Sealer of Weights and
Measures or his authorized agent in the performance of the official
duties of the State Sealer of Weights and Measures under this chapter;
(f) Violate any provision of this chapter or any regulation adopted
pursuant thereto;
(g) Delegate his authority to a person not licensed as a public
weighmaster;
(h) Request a false certificate of weights and measures, or request
a public weighmaster to weigh, measure or count property or produce, or a
vehicle, commodity or any other article falsely or incorrectly;
(i) Issue a certificate simulating the certificate of weights and
measures issued pursuant to this chapter; or
(j) Use or have in his possession a device for weighing and
measuring which has been altered to facilitate fraud.
2. A person who violates any provision of this section is, in
addition to any criminal penalty that may be imposed, subject to a civil
penalty in accordance with the schedule of civil penalties established by
the State Sealer of Weights and Measures pursuant to NRS 582.021 .
(Added to NRS by 2003, 2324 )
1. A person subject to a civil penalty may request an
administrative hearing within 10 days after receipt of the notice of the
civil penalty. The State Sealer of Weights and Measures or his designee
shall conduct the hearing after giving appropriate notice to the
respondent. The decision of the State Sealer of Weights and Measures or
his designee is subject to appropriate judicial review.
2. If the respondent has exhausted his administrative appeals and
the civil penalty has been upheld, he shall pay the civil penalty:
(a) If no petition for judicial review is filed pursuant to NRS
233B.130 , within 40 days after the
final decision of the State Sealer of Weights and Measures; or
(b) If a petition for judicial review is filed pursuant to NRS
233B.130 and the civil penalty is
upheld, within 10 days after the effective date of the final decision of
the court.
3. If the respondent fails to pay the civil penalty, a civil
action may be brought by the State Sealer of Weights and Measures in any
court of competent jurisdiction to recover the civil penalty. All civil
penalties collected pursuant to this chapter must be remitted to the
county treasurer of the county in which the violation occurred for credit
to the county school district fund.
(Added to NRS by 2003, 2325 )
1. Except as otherwise provided in subsection 2, a person who by
himself, by his servant or agent, or as the servant or agent of another
person violates any provision of this chapter is guilty of a gross
misdemeanor and shall be punished by imprisonment in the county jail for
not less than 6 months or more than 1 year, or by a fine of not less than
$1,000 or more than $5,000, or by both fine and imprisonment.
2. A person who by himself, by his servant or agent, or as the
servant or agent of another person:
(a) Intentionally violates any provision of this chapter or any
regulation adopted pursuant thereto; or
(b) Is convicted pursuant to subsection 1 more than three times in
a 2-year period,
Ê is guilty of a category E felony and shall be punished as provided in
NRS 193.130 .
(Added to NRS by 2003, 2325 )
