Full text of Utah Utah Code § 4-9-110 — Department duties -- Seizure of incorrect weights and measures., with citation guidance and answers to common questions.
§ 4-9-110. Department duties -- Seizure of incorrect weights and measures.
Effective 7/1/2017
4-9-110.
Department duties -- Seizure of incorrect weights and measures.
| (1) |
The department may:
| (a) |
establish weights and measures standards, specifications, and tolerances for:
| (ii) |
the fill for any commodity contained in a package; |
| (iii) |
labels or labeling of a commodity; and |
| (iv) |
weights and measures used commercially; |
|
| (b) |
inspect and test weights and measures kept, offered, or exposed for sale to determine if they are correct; |
| (c) |
inspect and test weights and measures commercially used to determine if they are correct; |
| (d) |
test all weights and measures used to check the receipt or disbursement of supplies used by a state agency or institution funded by the state; |
| (e) |
in accordance with sampling procedures recognized and designated in Handbook 133, Checking the Net Contents of Packaged Goods, National Institute of Standards and Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold, or in the process of delivery, to determine if the package contains the amount represented; |
| (f) |
determine the appropriate term or unit of weight or measure to be used for container sizes, if the department determines that an existing practice of declaring the quantity by weight, measure, count, or any combination of these practices, hinders value comparisons by consumers; |
| (g) |
approve correct weights and measures and reject and mark as "rejected," weights and measures that are incorrect; |
| (h) |
allow reasonable variations from a stated weight or measure caused by loss or gain due to:
| (i) |
moisture during the course of acceptable distribution practices; or |
| (ii) |
unavoidable deviations in acceptable manufacturing practices; |
|
| (i) |
grant an exemption from the requirements of this chapter or from any rule promulgated under this chapter, when the department determines that the exemption is necessary for the maintenance of acceptable commercial practices; |
| (j) |
maintain on file, for public inspection, a copy of each handbook prepared by the National Institute of Standards and Technology that is used to enforce this chapter; and |
| (k) |
establish and charge fees as authorized under Subsection 4-2-103(2) for the inspection of weights and measures. |
|
| (2) |
The department may seize weights and measures that are:
| (a) |
incorrect and are not corrected within a reasonable time specified by the department; or |
| (b) |
used or disposed of in a manner not authorized by the department. |
|
Renumbered and Amended by Chapter
345, 2017 General Session
Frequently Asked Questions About Utah § 4-9-110
What does Utah Code § 4-9-110 cover?
Section 4-9-110 ("Department duties -- Seizure of incorrect weights and measures.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-9-110?
A common citation format is "Utah Code § 4-9-110" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-9-110 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
