Title 10, Chapter 2, Section 5
( 10-2-5)
The Commissioner shall: (1) Maintain traceability of the State of Georgia's standards to
the National Bureau of Standards; (2) Enforce this chapter; (3) Promulgate, adopt, and issue reasonable rules and regulations
for the enforcement of this chapter. Such rules and regulations
shall have the force and effect of law; (4) Establish standards of weight, measure, or count and
reasonable standards of fill. The Commissioner is authorized to
establish standards for the presentation of cost-per-unit
information for any packaged commodity; (5) Grant any exemptions from this chapter or any rules or
regulations promulgated pursuant thereto when appropriate to the
maintenance of good commercial practices within the state; (6) Conduct investigations to ensure compliance with this chapter; (7) Delegate to appropriate personnel any of these
responsibilities for the proper administration of his office; (8) Test the standards of weight and measure used by any inspector
of the State of Georgia, adjust where necessary, and approve the
same when found to be, or made to be, correct; (9) Inspect and test weights and measures kept, offered, or
exposed for sale; (10) 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 (B) In computing the basic charge or payment for services
rendered on the basis of weight, measure, or count; (11) 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 General Assembly; (12) Approve for use such weights and measures as he finds to be
correct. The Commissioner, in his sole discretion, is authorized
to mark approved weights and measures. He shall reject and mark as
rejected any weights and measures 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 Commissioner shall condemn
and may seize weights and measures found to be incorrect that are
not capable of being made correct; (13) Employ, in carrying out this Code section, testing,
inspection, and sampling procedures which are in accordance with
this chapter, rules and regulations promulgated pursuant to this
chapter, or procedures designated in Handbooks 130 and 133 of the
National Institute of Standards and Technology; (14) Prescribe, by regulation, 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; (15) Establish, by regulation, a schedule of fees to cover the
costs of the inspection and certification of weighing and
measuring devices, the registration of scale mechanics, the
certifying of weights, and scale registration; and (16) Allow reasonable variations from the stated quantity of
contents. Such variations shall include those caused by loss or
gain of moisture during the course of good distribution practices
or by unavoidable deviations in good manufacturing practices only
after the commodity has entered intrastate commerce. |