CHAPTER 3. STATE AND LOCAL WEIGHTS AND MEASURES PROGRAM
IC 24-6-3
Chapter 3. State and Local Weights and Measures Program
IC 24-6-3-1
Weights and measures furnished by United States government
Sec. 1. The:
(1) standard weights and measures furnished by the governmentof the United States and certified by the National Institute ofStandards and Technology; and
(2) weights, measures, balances, and apparatus as may be addedby the division of weights and measures and verified by theNational Institute of Standards and Technology;
are the standards by which all state, county, and city standards shallbe tried, proved, and sealed.
(Formerly: Acts 1925, c.86, s.1.) As amended by P.L.3-1989,SEC.142; P.L.2-1992, SEC.749.
IC 24-6-3-2
Division of weights and measures; powers and duties
Sec. 2. (a) The division of weights and measures shall take chargeof the standards adopted by this chapter as the standards of the state,cause them to be kept in a fireproof building belonging to the state,and from which they shall not be removed except for repairs or forcertification, and take all other necessary precautions for theirsafekeeping.
(b) The division shall maintain the state standards in good orderand shall submit them once in ten (10) years to the National Instituteof Standards and Technology for certification. The division orinspectors at the division's direction, shall correct the standards ofthe several cities and counties, and as often as once in two (2) yearscompare the same with those in the division's possession, and wherenot otherwise provided by law the division shall have the generalsupervision of the weights, measures, and measuring and weighingdevices in use in Indiana.
(c) The division of weights and measures is also authorized toadopt rules, specifications, and tolerances necessary for theenforcement of this chapter. The division shall, upon the writtenrequest of any Indiana citizen, firm, corporation, limited liabilitycompany, or institution, test or calibrate weights, measures,weighing, or measuring devices and instruments or apparatus used asstandards in Indiana. The division or inspectors at the division'sdirection, shall at least once annually test all scales, weights, andmeasures and devices used in checking the receipt or disbursementof supplies in every institution under the jurisdiction of thedepartment of child services and the division shall report in writingthe findings to the executive officer of the institution concerned.
(d) The division of weights and measures shall keep a completerecord of the standards, balances, and other apparatus belonging tothe state and take a receipt for the same from the successor in officeto the head of the division. (e) The division or inspectors at the division's direction, shall atleast once in two (2) years visit the various cities and counties inIndiana that have appointed sealers of weights and measures in orderto inspect the work of the local sealers. In the performance of suchduties, the division may inspect the weights, measures, balances, orany other weighing or measuring appliances of any person.
(f) The division of weights and measures shall issue from time totime rules for the guidance of state, county, and city sealers orinspectors. The rules shall govern the procedure to be followed bythose officers in the discharge of their duties.
(Formerly: Acts 1925, c.86, s.2.) As amended by Acts 1978, P.L.2,SEC.2418; Acts 1979, P.L.17, SEC.38; Acts 1981, P.L.33, SEC.29;P.L.3-1989, SEC.143; P.L.2-1992, SEC.750; P.L.8-1993, SEC.365;P.L.145-2006, SEC.156.
IC 24-6-3-3
County inspectors; appointment; compensation
Sec. 3. The board of commissioners of every county of thirtythousand (30,000) population or more shall, and the board ofcommissioners of any county of less than thirty thousand (30,000)population may appoint a county inspector of weights and measures.No person shall be appointed as a county inspector of weights andmeasures in any county unless such person shall have been approvedby the division of weights and measures of the state department ofhealth, and no county inspector of weights and measures in anycounty shall be removed by the board of commissioners without theapproval and consent of the division of weights and measures. Thecompensation of a county inspector of weights and measures shall bedetermined by the board and paid out of the county treasury. It shallnot be obligatory upon the board of county commissioners of suchcounties containing a city or cities which are already provided withan inspector of weights and measures or city sealers to make suchappointments. The board shall provide the necessary apparatus andsupplies for the said inspector of weights and measures and thecounty councils of such counties shall appropriate such sums ofmoney as are necessary for the salary and maintenance of the office.Two (2) or more adjoining counties, by appropriate action of theboards of commissioners of such counties, may form an inspectiondistrict and provide by mutual agreement for the appointment of adistrict inspector of weights and measures. The compensation of suchinspector shall be apportioned among the counties forming thedistrict in proportion to the population thereof.
(Formerly: Acts 1925, c.86, s.3; Acts 1955, c.229, s.1.) As amendedby P.L.152-1986, SEC.85; P.L.2-1992, SEC.751.
IC 24-6-3-4
City inspectors; appointment, service and removal
Sec. 4. (a) The legislative body of a city having a population of atleast twenty thousand (20,000) may provide for the appointment bythe board of public safety of an inspector of weights and measures
and provide for the inspector's compensation and for the necessaryapparatus and expenses to be paid out of the city treasury. Theinspector of weights and measures shall serve continuously duringgood behavior under the provisions of IC 36-8-3-4 governing the fireand police force. The inspector of weights and measures shall not beremoved for any political reason and only for good and sufficientcause after an opportunity for hearing is given by the board of publicsafety. However, this subsection does not affect the power of thedivision of weights and measures of the state department of health todischarge county or city inspectors of weights and measures undersection 6 of this chapter.
(b) A person may not be appointed as a city inspector of weightsand measures unless the person is approved by the division ofweights and measures. A city inspector of weights and measures maynot be removed without the approval and consent of the division ofweights and measures.
(c) The same person may be employed as a city and countyinspector of weights and measures. If the same person is soemployed, the compensation and expenses of the inspector shall bedivided between the city and county, as agreed upon under IC 36-1-7.
(d) If a city having a population of at least twenty thousand(20,000) does not provide for the appointment of an inspector ofweights and measures, the executive of the county containing the cityshall require the county inspector of weights and measures toperform those duties for that city.
(Formerly: Acts 1925, c.86, s.4.) As amended by Acts 1981, P.L.44,SEC.29; P.L.40-1989, SEC.41; P.L.2-1992, SEC.752.
IC 24-6-3-5
Powers and duties of county and city inspectors
Sec. 5. The county or city inspector of weights and measureswhen appointed shall be a deputy inspector under the direction of thedivision of weights and measures. The inspector shall take charge ofand safely keep the county or city standards. When not otherwiseprovided by law, the county or city inspector of weights andmeasures shall have the power within the county or city to inspect,test, try and ascertain if they are correct, all weights, scales, beams,measures of every kind, instruments or mechanical devices formeasurement and the tools, appliances or accessories, connected withany or all such instruments or measurements used or employedwithin the county or city by any proprietor, agent, lessee or employeein determining the size, quantity, extent or measurement ofquantities, things, produce, articles for distribution or consumptionoffered or submitted by such person or persons for sale, for hire oraward. The inspector shall at least once in each year and as muchoftener as he may deem necessary see that the weights, measures andall apparatus used in the county or city are correct. The county or cityinspector of weights and measures shall keep a complete record ofthe work done by the inspector and shall make a monthly and annualreport to the division and the board of county commissioners or to
the mayor. The annual report shall be duly sworn and submitted tothe division of weights and measures, not later than the fifteenth ofOctober. Upon appointment, the county or city inspector of weightsand measures shall, in the manner prescribed by IC 5-4-1, give abond for the faithful performance of the duties of the office. Thecounty inspector of weights and measures shall have jurisdiction overthe whole county except as to incorporated cities which haveprovided for a city inspector of weights and measures under theprovisions of this chapter.
(Formerly: Acts 1925, c.86, s.5.) As amended by Acts 1981, P.L.47,SEC.19; P.L.2-1992, SEC.753.
IC 24-6-3-6
Qualifications of inspectors; discharge and removal
Sec. 6. Only those persons shall be eligible to appointment to theposition of county or city inspectors of weights and measures who onMarch 9, 1925, are county or city sealers or inspectors of weightsand measures or who have passed an examination which shall begiven by the division of weights and measures of the statedepartment of health to test the ability of the person so examined toperform satisfactorily the duties of a county or city inspector ofweights and measures. If it is evident to the division of weights andmeasures that any county or city inspector of weights and measuresis not properly and faithfully performing the duties of the office, thedivision of weights and measures shall have power to discharge suchcounty or city inspector of weights and measures. Such removal,however, shall not be made until five (5) days' notice of the chargeor charges shall have been mailed to him by the division, naming atime and place for a hearing not less than two (2) weeks later than thetime of mailing such notice to the county or city inspector of weightsand measures; provided, however, that any county or city inspectorof weights and measures so removed by the division of weights andmeasures shall have the right to appeal from the action of thedivision to the circuit or superior court of the county in which suchcounty or city inspector of weights and measures resides, and duringthe pendency of such appeal, such county or city inspector of weightsand measures may serve in the inspector's official capacity. Anycounty or city inspector of weights and measures discharged asprovided in this section shall be ineligible to hold the position ofcounty or city inspector of weights and measures for four (4) years,and the vacancy shall be filled by the proper authorities as providedin this chapter.
(Formerly: Acts 1925, c.86, s.6.) As amended by P.L.152-1986,SEC.86; P.L.2-1992, SEC.754.
IC 24-6-3-7
Inspection of devices; confirmation to legal standards; taggingnonconforming devices
Sec. 7. Whenever the inspector of the city or county or thedivision of weights and measures, or the division's inspectors test and
compare scales, weights, measures, or weighing or measuringdevices and finds that they correspond with the standards in theinspector's possession, the inspector shall seal and mark such scales,weights, measures, or weighing and measuring devices by stampingupon them the letters "Ind. S.," meaning Indiana Standard, and thelast two (2) figures of the year in which the same is done. If anyscales, weights, measures, or weighing or measuring devices, or partsthereof, be found not to conform to the legal standard the same maybe tagged by the inspector "condemned until repaired" which tagshall not be removed until said apparatus is properly repaired. If thescales, weights, measures, or weighing or measuring devices, or partsthereof are found to be false and fraudulent, or can not be made toconform to the legal standard, the same shall be condemned andconfiscated by the inspector.
(Formerly: Acts 1925, c.86, s.7.) As amended by P.L.2-1992,SEC.755; P.L.1-1993, SEC.196.
IC 24-6-3-8
Seizure of nonconforming devices
Sec. 8. The division of weights and measures, the division'sdeputies and inspectors, and the county and city inspectors ofweights and measures are hereby made special policemen and areauthorized and empowered to arrest without formal warrant for anyviolation of the statutes in relation to scales, weights and measures,and to seize and use for evidence and without formal warrant anyfalse weight, scales, measure, or weighing or measuring device, orpackages or amounts of commodities found to be used, retained oroffered or exposed for sale or sold in violation of law.
(Formerly: Acts 1925, c.86, s.8.) As amended by P.L.2-1992,SEC.756.
IC 24-6-3-9
Entry without warrant; prosecution; hindrance of inspector
Sec. 9. (a) The division of weights and measures, the division'sagents, deputies, or inspectors, and the county and city inspectors ofweights and measures may go into or upon without formal warrantany stand, place, building or premises, or may stop any vender,peddler, junk dealer, coal wagon, ice wagon, or any dealer, for thepurpose of making the proper test and for the purpose of ascertainingthe proper weights and measures of all commodities found therein orthereon. Whenever the division, the division's agents, deputies, orinspectors, or the county and city inspectors of weights and measuresfind a violation of law relating to weights and measures, theindividual shall cause the violator to be prosecuted.
(b) No person may molest, hinder or obstruct in any way thedivision of weights and measures, the division's agents, deputies, orinspectors, or any county or city inspector of weights and measuresin the performance of official duties.
(Formerly: Acts 1925, c.86, s.9.) As amended by Acts 1978, P.L.2,SEC.2419; P.L.2-1992, SEC.757.
IC 24-6-3-10
Commodity sold by numerical count; weight per ton
Sec. 10. All commodities shall be sold by standard weight ormeasure except as otherwise provided in this chapter; provided,however, that the provisions of this section shall not apply tocommodities which are usually and customarily sold by numericalcount, or in gross, or are sold in packages prepared and put up forsale; provided, that all commodities packed in such packages shall beso marked as to plainly indicate the net contents in terms of weight,measure, or numerical count; provided, also, that two thousand(2,000) pounds net avoirdupois shall constitute a ton.
(Formerly: Acts 1925, c.86, s.10.) As amended by P.L.152-1986,SEC.87.
IC 24-6-3-10.5
Items that may be sold as unweighed, uncounted units
Sec. 10.5. Notwithstanding any other provision, a packageddecorative fruit basket or a delicatessen tray or platter containingmeat or cheese may be sold or offered for sale by weight, bynumerical count, or as an unweighed, uncounted unit for sale.
As added by P.L.80-1999, SEC.4.
IC 24-6-3-11
Use or retention of false scales; removal of tag
Sec. 11. No person, firm, limited liability company, or corporationshall use or retain in the person's, firm's, company's, or corporation'spossession any false scales, weights, or measures or measuringdevice or any weight or measure or weighing or measuring device inthe buying or selling of any commodity or thing or in calculating ormeasuring service, or dispose of any condemned scales, weights,measures, or weighing or measuring device, except in accordancewith such rules, specifications, and tolerances as may be adopted bythe division of weights and measures of the state department ofhealth as provided in section 2 of this chapter, or remove any tag,stamp, or mark placed thereon by the inspector; and no person, firm,limited liability company, or corporation shall sell or offer or exposefor sale or deliver less than the quantity the person, firm, limitedliability company, or corporation represents, or sell, offer for sale, orhave in the person's, firm's, limited liability company's, orcorporation's possession for the purpose of selling any false scales,weight, or measure, or any device or instrument to be used orcalculated to falsify any weight or measure.
(Formerly: Acts 1925, c.86, s.11.) As amended by P.L.152-1986,SEC.88; P.L.2-1992, SEC.758; P.L.8-1993, SEC.366.
IC 24-6-3-12
Dry capacity measure; sale of fruits and vegetables; commodities;original standard container; definitions
Sec. 12. (a) All commodities shall be offered for sale or sold uponthe basis of avoirdupois net weight or by numerical count only, and
it shall be unlawful for anyone to use or employ any dry capacitymeasure, basket, barrel, or container of any kind as a means ofdetermining the amounts or quantities of any commodities offeredfor sale or sold; provided, however, that the provisions of thischapter shall not be construed to apply to fruits and vegetables soldin the original standard container, nor to vegetables which bycommon custom are offered for sale or sold by the bunch; nor shallthe provisions of this chapter be construed to apply to fresh berriesand to other small fruits which are customarily offered for sale andsold by the box, basket, or other receptacle, except, however, whensuch fresh berries or such other small fruits are offered for sale orsold in bulk, in which case the provisions of this chapter shall applyto the extent that such fresh berries and such other small fruits shallbe offered for sale and sold by avoirdupois net weight only;provided, further, however, that all fresh berries and such other smallfruits when offered for sale or sold shall be so offered or sold inboxes, baskets, or receptacles of uniform size to hold one (1) quartor one (1) pint dry measure only, which said boxes, baskets, or otherreceptacles shall be uniformly and evenly filled throughout.
(b) The term "commodities" as used in this section shall beconstrued to mean commodities or articles (other than liquids) whichare capable of being measured by dry capacity measure.
(c) The term "original standard container" as used in this sectionshall be construed to mean and include only barrels, boxes, baskets,hampers, or similar containers the dimensions or capacity of whichis established by Indiana or federal statute, the contents of whichhave not been removed or repacked, and upon which is plainly andconspicuously marked the net quantity of contents thereof in termsof weight, measure, or numerical count.
(Formerly: Acts 1925, c.86, s.12.) As amended by P.L.152-1986,SEC.89.
IC 24-6-3-13
Weighmaster; appointment; powers and duties
Sec. 13. The division of weights and measures upon applicationof any county, city, town, corporation, limited liability company,individual, firm, association, or institution may designate one (1) ormore employees or some other suitable person or persons, to act asweighmaster for such county, city, town, corporation, limitedliability company, individual, firm, association, or institution. Suchweighmaster shall be appointed for a specified term and shall, beforeentering upon official duties, make oath faithfully to execute trust asweighmaster. The division of weights and measures shall issue andkeep record of a certificate of appointment which shall designate thelocation of the scale or scales or measuring devices to be operated bysaid weighmaster. The rights and duties of weighmasters shall beprescribed by the division and such weighmasters shall not receivecompensation from the state for duties so performed. Anyweighmaster who commits misconduct in the execution of dutiesshall forfeit the certificate as weighmaster.(Formerly: Acts 1925, c.86, s.13.) As amended by Acts 1978, P.L.2,SEC.2420; P.L.2-1992, SEC.759; P.L.8-1993, SEC.367.
IC 24-6-3-14
Definitions
Sec. 14. The word "person" as used in this chapter shall beconsidered to include also firms, copartnerships, limited liabilitycompanies, or corporations. The term "device" or "devices" as usedin this chapter shall be construed to include all weights, scales,beams, mechanical devices, or other instruments. The word "sell","sale", or "buy" as used in this chapter shall be construed to includebarter and exchange.
(Formerly: Acts 1925, c.86, s.14.) As amended by P.L.152-1986,SEC.90; P.L.8-1993, SEC.368.
IC 24-6-3-15
Violations
Sec. 15. A person who recklessly violates this chapter commits aClass B misdemeanor.
(Formerly: Acts 1925, c.86, s.15.) As amended by Acts 1978, P.L.2,SEC.2421.
IC 24-6-3-16
Standards for weights and measures; emergency rule adoption;federal standards
Sec. 16. (a) The state department may adopt emergency rulesunder IC 4-22-2-37.1 to establish standards for weights and measuresto be used by the state department. A standard adopted under thissection must be the same as or at least as effective as the standardsadopted by the National Conference on Weights and Measures,including amendments to those standards in effect on June 30, 1993,and found in:
(1) Handbook 44: Specification, Tolerances, and OtherTechnical Requirements for Weighing and Measuring Devices;
(2) Handbook 130: Chapter A, Uniform Packaging andLabeling Regulation;
(3) Handbook 130: Chapter B, Uniform Regulation for theMethod of Sale of Commodities, except for Section 2.20; and
(4) Handbook 133: Checking the Net Contents of PackagedGoods;
all published by the National Institute of Standards and Technology.
(b) The state department may determine when an amendment tofederal standards described in subsection (a) has been adopted. If thestate department determines that an amendment to the federalstandards has been adopted, the state department may adoptemergency rules under IC 4-22-2-37.1 to amend the rules adopted bythe state department under subsection (a). An emergency ruleadopted under this subsection must provide a standard that is:
(1) the same as; or
(2) at least as effective as;the amendment to the federal standards for weights and measures. Anemergency rule adopted under this subsection must take effect notlater than sixty (60) days after the date of publication of theamendment to the federal standards.
As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994,SEC.1.
IC 24-6-3-17
Adoption of rules requiring posting notices concerning oxygenatesat service stations; prohibition
Sec. 17. The state department may not adopt rules requiring theposting of notices concerning oxygenates on or near engine fueldispensers located at retail service stations.
As added by P.L.123-1994, SEC.2.