Ohio § 1327.50

§ 1327.50.

The director of agriculture shall: (A) Maintain traceability of the state standards to those of the international system

of units; (B) Enforce sections 1327.46 to 1327.61 of the Revised Code ; (C) Issue reasonable rules for the uniform enforcement of sections 1327.46 to 1327.61 of the Revised Code , which rules shall have the force and effect of law; (D) Establish standards of weight, measure, or count, reasonable standards of fill, and

standards for the voluntary presentation of cost per unit information for any package; (E) Grant any exemptions from sections 1327.46 to 1327.61 of the Revised Code , or any rules adopted under those sections, when appropriate to the maintenance of

good commercial practices in the state; (F) Conduct investigations to ensure compliance with sections 1327.46 to 1327.61 of the Revised Code ; (G) Delegate to appropriate personnel any of these responsibilities for the proper administration

of the director's office; (H) Test as often as is prescribed by rule the standards of weight and measure used by

any municipal corporation or county within the state, and approve the same when found

to be correct; (I) Inspect and test weights and measures that are sold; (J) Inspect and test to ascertain if they are correct, weights and measures commercially

used either: (1) In determining the weight, measure, or count of commodities or things sold on the

basis of weight, measure, or count; (2) In computing the basic charge or payment for goods or services rendered on the basis

of weight, measure, or count. (K) 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; (L) Approve for use, and may mark, such weights and measures as the director finds to

be correct, and shall reject and mark as rejected such weights and measures as the

director 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,

and may be condemned and seized if found to be incorrect and not capable of being

made correct. (M) Weigh, measure, or inspect packaged commodities that are sold or in the process of

delivery to determine whether they contain the amounts represented and whether they

are sold in accordance with sections 1327.46 to 1327.61 of the Revised Code or rules adopted under those sections.  In carrying out this section, the director shall employ recognized sampling procedures,

such as those designated in the national institute of standards and technology handbook

133 “checking the net contents of packaged goods.” (N) Prescribe by rule the appropriate term or unit of weight or measure to be used, whenever

the director 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; (O) Allow reasonable variations from the stated quantity of contents, which shall include

those caused by unavoidable deviations in good manufacturing practice and by loss

or gain of moisture during the course of good distribution practice, only after the

commodity has entered intrastate commerce; (P) Provide for the weights and measures training of inspector personnel and establish

minimum training requirements, which shall be met by all inspector personnel, whether

county, municipal, or state; (Q) Prescribe the methods of tests and inspections to be employed in the enforcement

of sections 1327.46 to 1327.61 of the Revised Code .  The director may prescribe the official test and inspection forms to be used. (R) Provide by rule for registration with the director of service persons who are employed

by commercially used weighing and measuring device servicing agencies; (S) In conjunction with the national institute of standards and technology, operate a

type evaluation program for certification of weighing and measuring devices as part

of the national type evaluation program.  The director shall establish a schedule of fees for services rendered by the department

of agriculture for type evaluation services.  The director may require any weighing or measuring instrument or device to be traceable

to a national type evaluation program certificate of conformance prior to use for

commercial or law enforcement purposes. (T) Verify advertised prices, price representations, and point-of-sale systems, as necessary,

to determine both the accuracy of prices and computations and the correct use of the

equipment and the accuracy of prices printed or recalled from a database if a system

utilizes scanning or coding in lieu of manual entry.  In order to implement this division, the director shall do all of the following: (1) Employ recognized procedures such as those designated in the national institute of

standards and technology handbook 130, uniform laws and regulations, “examination

procedures for price verification”; (2) Adopt rules establishing requirements governing the accuracy of advertised prices

and point-of-sale systems and establishing requirements and procedures for the enforcement

of this division; (3) Conduct necessary inspections.