§ 4-18-339 - Disposition of correct and incorrect apparatus.
4-18-339. Disposition of correct and incorrect apparatus.
(a) (1) The Director of the Arkansas Bureau of Standards shall:
(A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in 4-18-338; and
(B) Reject and mark or tag as "rejected" weights and measures as he or she finds upon inspection or test to be incorrect as defined in 4-18-338, but which in his or her best judgment are susceptible to satisfactory repair.
(2) However, the sealing or marking shall not be required with respect to weights and measures that are excepted under a rule of the director issued under 4-18-338.
(b) The director shall condemn, seize, and destroy weights and measures found to be incorrect and that in his or her best judgment are not susceptible to satisfactory repair.
(c) Weights and measures that have been rejected may be confiscated and destroyed by the director if not corrected as required by subsections (d) and (e) of this section or if used or disposed of contrary to the requirements of subsection (f) of this section.
(d) Weights and measures that have been rejected under the authority of the director or a sealer shall remain subject to the control of the rejecting authority until suitable repair or disposition has been made as required by this section.
(e) The owners of rejected or noncompliant weights and measures shall cause the weights and measures to be made accurate and correct or may dispose of them in the manner specifically authorized by the director.
(f) Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be accurate and correct or until specific written permission for use is issued by the director.