Massachusetts § 35 - Comprehensive weights and measures enforcement system in small towns; certification of sealers and deputies

§ 35. Comprehensive weights and measures enforcement system in small towns; certification of sealers and deputies

Section 35. (a) The mayor of each city and the selectmen of each town of more than 5,000 and less than 20,000 inhabitants shall establish a comprehensive weights measures enforcement system, subject to annual review by the director, by adopting one of the following three methods:

(1) The mayor of each city and the selectmen of each town of more than 5,000 and less than 20,000 inhabitants may annually appoint a sealer and may appoint one or more deputies to act under his direction. The sealer and all deputies shall be certified by the committee within one year after assuming their powers and duties. Such sealers and deputies shall have the same powers and duties as sealers and deputies appointed under section 34 and shall receive such compensation as may be determined by the selectmen and mayor and an additional allowance for transportation and other necessary expenses. The selectmen and mayor may at any time remove such sealers or deputies and appoint others in their places.

(2) The mayor of each city and the selectmen of each town of more than 5,000 and less than 20,000 inhabitants may contract with the director for the enforcement of the laws pertaining to the sealing of weighing and measuring devices, inspections of item and unit pricing laws and enforcement of other laws relative to weights and measures. The committee shall adopt and shall enforce all such reasonable regulations as may be necessary to establish such contracts. The committee shall set a fee schedule for such enforcement services sufficient to offset the cost of providing such services.

(3) The mayor of each city and the selectmen of each town of more than 5,000 and less than 20,000 inhabitants may combine the whole or part of their territories to establish a weights and measures program as set forth in section 36.

(b) The sealer and all deputies shall be certified by the committee within one year after assuming their powers and duties. Failure to become certified within one year shall be cause for termination. Sealers, inspectors or deputy sealers or deputy inspectors, employed by the division or a municipality upon the effective date of this section, shall become certified within two years; provided, however, that sealers, inspectors or deputy sealers or deputy inspectors who pass a civil service exam for a position as a sealer, inspector or deputy sealer or deputy inspector of weights and measures, shall be exempt from certification requirements. Regardless of any certification exemption, all sealers, inspectors, and deputy sealers and deputy inspectors shall participate in continuing education programs. The committee shall establish a training and education fee to be paid by the municipality which employs each sealer, inspector, deputy sealer and deputy inspector sufficient to offset the cost of providing such training and education.