CHAPTER 3. STATE AND LOCAL WEIGHTS AND MEASURES PROGRAM
IC 24-6-3
Chapter 3. State and Local Weights and Measures Program
IC 24-6-3-1
Weights and measures furnished by United States government
Sec. 1. The:
(1) standard weights and measures furnished by the government
of the United States and certified by the National Institute of
Standards and Technology; and
(2) weights, measures, balances, and apparatus as may be added
by the division of weights and measures and verified by the
National Institute of Standards and Technology;
are the standards by which all state, county, and city standards shall
be tried, proved, and sealed.
(Formerly: Acts 1925, c.86, s.1.) As amended by P.L.3-1989,
SEC.142; P.L.2-1992, SEC.749.
IC 24-6-3-2
Division of weights and measures; powers and duties
Sec. 2. (a) The division of weights and measures shall take charge
of the standards adopted by this chapter as the standards of the state,
cause them to be kept in a fireproof building belonging to the state,
and from which they shall not be removed except for repairs or for
certification, and take all other necessary precautions for their
safekeeping.
(b) The division shall maintain the state standards in good order
and shall submit them once in ten (10) years to the National Institute
of Standards and Technology for certification. The division or
inspectors at the division's direction, shall correct the standards of
the several cities and counties, and as often as once in two (2) years
compare the same with those in the division's possession, and where
not otherwise provided by law the division shall have the general
supervision of the weights, measures, and measuring and weighing
devices in use in Indiana.
(c) The division of weights and measures is also authorized to
adopt rules, specifications, and tolerances necessary for the
enforcement of this chapter. The division shall, upon the written
request of any Indiana citizen, firm, corporation, limited liability
company, or institution, test or calibrate weights, measures,
weighing, or measuring devices and instruments or apparatus used as
standards in Indiana. The division or inspectors at the division's
direction, shall at least once annually test all scales, weights, and
measures and devices used in checking the receipt or disbursement
of supplies in every institution under the jurisdiction of the
department of child services and the division shall report in writing
the findings to the executive officer of the institution concerned.
(d) The division of weights and measures shall keep a complete
record of the standards, balances, and other apparatus belonging to
the state and take a receipt for the same from the successor in office
to the head of the division.
(e) The division or inspectors at the division's direction, shall at
least once in two (2) years visit the various cities and counties in
Indiana that have appointed sealers of weights and measures in order
to inspect the work of the local sealers. In the performance of such
duties, the division may inspect the weights, measures, balances, or
any other weighing or measuring appliances of any person.
(f) The division of weights and measures shall issue from time to
time rules for the guidance of state, county, and city sealers or
inspectors. The rules shall govern the procedure to be followed by
those officers in the discharge of their duties.
(Formerly: Acts 1925, c.86, s.2.) As amended by Acts 1978, P.L.2,
SEC.2418; Acts 1979, P.L.17, SEC.38; Acts 1981, P.L.33, SEC.29;
P.L.3-1989, SEC.143; P.L.2-1992, SEC.750; P.L.8-1993, SEC.365;
P.L.145-2006, SEC.156.
IC 24-6-3-3
County inspectors; appointment; compensation
Sec. 3. The board of commissioners of every county of thirty
thousand (30,000) population or more shall, and the board of
commissioners of any county of less than thirty thousand (30,000)
population may appoint a county inspector of weights and measures.
No person shall be appointed as a county inspector of weights and
measures in any county unless such person shall have been approved
by the division of weights and measures of the state department of
health, and no county inspector of weights and measures in any
county shall be removed by the board of commissioners without the
approval and consent of the division of weights and measures. The
compensation of a county inspector of weights and measures shall be
determined by the board and paid out of the county treasury. It shall
not be obligatory upon the board of county commissioners of such
counties containing a city or cities which are already provided with
an inspector of weights and measures or city sealers to make such
appointments. The board shall provide the necessary apparatus and
supplies for the said inspector of weights and measures and the
county councils of such counties shall appropriate such sums of
money as are necessary for the salary and maintenance of the office.
Two (2) or more adjoining counties, by appropriate action of the
boards of commissioners of such counties, may form an inspection
district and provide by mutual agreement for the appointment of a
district inspector of weights and measures. The compensation of such
inspector shall be apportioned among the counties forming the
district in proportion to the population thereof.
(Formerly: Acts 1925, c.86, s.3; Acts 1955, c.229, s.1.) As amended
by P.L.152-1986, SEC.85; P.L.2-1992, SEC.751.
IC 24-6-3-4
City inspectors; appointment, service and removal
Sec. 4. (a) The legislative body of a city having a population of at
least twenty thousand (20,000) may provide for the appointment by
the board of public safety of an inspector of weights and measures
and provide for the inspector's compensation and for the necessary
apparatus and expenses to be paid out of the city treasury. The
inspector of weights and measures shall serve continuously during
good behavior under the provisions of IC 36-8-3-4 governing the fire
and police force. The inspector of weights and measures shall not be
removed for any political reason and only for good and sufficient
cause after an opportunity for hearing is given by the board of public
safety. However, this subsection does not affect the power of the
division of weights and measures of the state department of health to
discharge county or city inspectors of weights and measures under
section 6 of this chapter.
(b) A person may not be appointed as a city inspector of weights
and measures unless the person is approved by the division of
weights and measures. A city inspector of weights and measures may
not be removed without the approval and consent of the division of
weights and measures.
(c) The same person may be employed as a city and county
inspector of weights and measures. If the same person is so
employed, the compensation and expenses of the inspector shall be
divided between the city and county, as agreed upon under IC 36-1-7.
(d) If a city having a population of at least twenty thousand
(20,000) does not provide for the appointment of an inspector of
weights and measures, the executive of the county containing the city
shall require the county inspector of weights and measures to
perform those duties for that city.
(Formerly: Acts 1925, c.86, s.4.) As amended by Acts 1981, P.L.44,
SEC.29; P.L.40-1989, SEC.41; P.L.2-1992, SEC.752.
IC 24-6-3-5
Powers and duties of county and city inspectors
Sec. 5. The county or city inspector of weights and measures
when appointed shall be a deputy inspector under the direction of the
division of weights and measures. The inspector shall take charge of
and safely keep the county or city standards. When not otherwise
provided by law, the county or city inspector of weights and
measures shall have the power within the county or city to inspect,
test, try and ascertain if they are correct, all weights, scales, beams,
measures of every kind, instruments or mechanical devices for
measurement and the tools, appliances or accessories, connected with
any or all such instruments or measurements used or employed
within the county or city by any proprietor, agent, lessee or employee
in determining the size, quantity, extent or measurement of
quantities, things, produce, articles for distribution or consumption
offered or submitted by such person or persons for sale, for hire or
award. The inspector shall at least once in each year and as much
oftener as he may deem necessary see that the weights, measures and
all apparatus used in the county or city are correct. The county or city
inspector of weights and measures shall keep a complete record of
the work done by the inspector and shall make a monthly and annual
report to the division and the board of county commissioners or to
the mayor. The annual report shall be duly sworn and submitted to
the division of weights and measures, not later than the fifteenth of
October. Upon appointment, the county or city inspector of weights
and measures shall, in the manner prescribed by IC 5-4-1, give a
bond for the faithful performance of the duties of the office. The
county inspector of weights and measures shall have jurisdiction over
the whole county except as to incorporated cities which have
provided for a city inspector of weights and measures under the
provisions of this chapter.
(Formerly: Acts 1925, c.86, s.5.) As amended by Acts 1981, P.L.47,
SEC.19; P.L.2-1992, SEC.753.
IC 24-6-3-6
Qualifications of inspectors; discharge and removal
Sec. 6. Only those persons shall be eligible to appointment to the
position of county or city inspectors of weights and measures who on
March 9, 1925, are county or city sealers or inspectors of weights
and measures or who have passed an examination which shall be
given by the division of weights and measures of the state
department of health to test the ability of the person so examined to
perform satisfactorily the duties of a county or city inspector of
weights and measures. If it is evident to the division of weights and
measures that any county or city inspector of weights and measures
is not properly and faithfully performing the duties of the office, the
division of weights and measures shall have power to discharge such
county or city inspector of weights and measures. Such removal,
however, shall not be made until five (5) days' notice of the charge
or charges shall have been mailed to him by the division, naming a
time and place for a hearing not less than two (2) weeks later than the
time of mailing such notice to the county or city inspector of weights
and measures; provided, however, that any county or city inspector
of weights and measures so removed by the division of weights and
measures shall have the right to appeal from the action of the
division to the circuit or superior court of the county in which such
county or city inspector of weights and measures resides, and during
the pendency of such appeal, such county or city inspector of weights
and measures may serve in the inspector's official capacity. Any
county or city inspector of weights and measures discharged as
provided in this section shall be ineligible to hold the position of
county or city inspector of weights and measures for four (4) years,
and the vacancy shall be filled by the proper authorities as provided
in this chapter.
(Formerly: Acts 1925, c.86, s.6.) As amended by P.L.152-1986,
SEC.86; P.L.2-1992, SEC.754.
IC 24-6-3-7
Inspection of devices; confirmation to legal standards; tagging
nonconforming devices
Sec. 7. Whenever the inspector of the city or county or the
division of weights and measures, or the division's inspectors test and
compare scales, weights, measures, or weighing or measuring
devices and finds that they correspond with the standards in the
inspector's possession, the inspector shall seal and mark such scales,
weights, measures, or weighing and measuring devices by stamping
upon them the letters "Ind. S.," meaning Indiana Standard, and the
last two (2) figures of the year in which the same is done. If any
scales, weights, measures, or weighing or measuring devices, or parts
thereof, be found not to conform to the legal standard the same may
be tagged by the inspector "condemned until repaired" which tag
shall not be removed until said apparatus is properly repaired. If the
scales, weights, measures, or weighing or measuring devices, or parts
thereof are found to be false and fraudulent, or can not be made to
conform to the legal standard, the same shall be condemned and
confiscated by the inspector.
(Formerly: Acts 1925, c.86, s.7.) As amended by P.L.2-1992,
SEC.755; P.L.1-1993, SEC.196.
IC 24-6-3-8
Seizure of nonconforming devices
Sec. 8. The division of weights and measures, the division's
deputies and inspectors, and the county and city inspectors of
weights and measures are hereby made special policemen and are
authorized and empowered to arrest without formal warrant for any
violation of the statutes in relation to scales, weights and measures,
and to seize and use for evidence and without formal warrant any
false weight, scales, measure, or weighing or measuring device, or
packages or amounts of commodities found to be used, retained or
offered or exposed for sale or sold in violation of law.
(Formerly: Acts 1925, c.86, s.8.) As amended by P.L.2-1992,
SEC.756.
IC 24-6-3-9
Entry without warrant; prosecution; hindrance of inspector
Sec. 9. (a) The division of weights and measures, the division's
agents, deputies, or inspectors, and the county and city inspectors of
weights and measures may go into or upon without formal warrant
any stand, place, building or premises, or may stop any vender,
peddler, junk dealer, coal wagon, ice wagon, or any dealer, for the
purpose of making the proper test and for the purpose of ascertaining
the proper weights and measures of all commodities found therein or
thereon. Whenever the division, the division's agents, deputies, or
inspectors, or the county and city inspectors of weights and measures
find a violation of law relating to weights and measures, the
individual shall cause the violator to be prosecuted.
(b) No person may molest, hinder or obstruct in any way the
division of weights and measures, the division's agents, deputies, or
inspectors, or any county or city inspector of weights and measures
in the performance of official duties.
(Formerly: Acts 1925, c.86, s.9.) As amended by Acts 1978, P.L.2,
SEC.2419; P.L.2-1992, SEC.757.
IC 24-6-3-10
Commodity sold by numerical count; weight per ton
Sec. 10. All commodities shall be sold by standard weight or
measure except as otherwise provided in this chapter; provided,
however, that the provisions of this section shall not apply to
commodities which are usually and customarily sold by numerical
count, or in gross, or are sold in packages prepared and put up for
sale; provided, that all commodities packed in such packages shall be
so marked as to plainly indicate the net contents in terms of weight,
measure, or numerical count; provided, also, that two thousand
(2,000) pounds net avoirdupois shall constitute a ton.
(Formerly: Acts 1925, c.86, s.10.) As amended by P.L.152-1986,
SEC.87.
IC 24-6-3-10.5
Items that may be sold as unweighed, uncounted units
Sec. 10.5. Notwithstanding any other provision, a packaged
decorative fruit basket or a delicatessen tray or platter containing
meat or cheese may be sold or offered for sale by weight, by
numerical count, or as an unweighed, uncounted unit for sale.
As added by P.L.80-1999, SEC.4.
IC 24-6-3-11
Use or retention of false scales; removal of tag
Sec. 11. No person, firm, limited liability company, or corporation
shall use or retain in the person's, firm's, company's, or corporation's
possession any false scales, weights, or measures or measuring
device or any weight or measure or weighing or measuring device in
the buying or selling of any commodity or thing or in calculating or
measuring service, or dispose of any condemned scales, weights,
measures, or weighing or measuring device, except in accordance
with such rules, specifications, and tolerances as may be adopted by
the division of weights and measures of the state department of
health as provided in section 2 of this chapter, or remove any tag,
stamp, or mark placed thereon by the inspector; and no person, firm,
limited liability company, or corporation shall sell or offer or expose
for sale or deliver less than the quantity the person, firm, limited
liability company, or corporation represents, or sell, offer for sale, or
have in the person's, firm's, limited liability company's, or
corporation's possession for the purpose of selling any false scales,
weight, or measure, or any device or instrument to be used or
calculated to falsify any weight or measure.
(Formerly: Acts 1925, c.86, s.11.) As amended by P.L.152-1986,
SEC.88; P.L.2-1992, SEC.758; P.L.8-1993, SEC.366.
IC 24-6-3-12
Dry capacity measure; sale of fruits and vegetables; commodities;
original standard container; definitions
Sec. 12. (a) All commodities shall be offered for sale or sold upon
the basis of avoirdupois net weight or by numerical count only, and
it shall be unlawful for anyone to use or employ any dry capacity
measure, basket, barrel, or container of any kind as a means of
determining the amounts or quantities of any commodities offered
for sale or sold; provided, however, that the provisions of this
chapter shall not be construed to apply to fruits and vegetables sold
in the original standard container, nor to vegetables which by
common custom are offered for sale or sold by the bunch; nor shall
the provisions of this chapter be construed to apply to fresh berries
and to other small fruits which are customarily offered for sale and
sold by the box, basket, or other receptacle, except, however, when
such fresh berries or such other small fruits are offered for sale or
sold in bulk, in which case the provisions of this chapter shall apply
to the extent that such fresh berries and such other small fruits shall
be offered for sale and sold by avoirdupois net weight only;
provided, further, however, that all fresh berries and such other small
fruits when offered for sale or sold shall be so offered or sold in
boxes, baskets, or receptacles of uniform size to hold one (1) quart
or one (1) pint dry measure only, which said boxes, baskets, or other
receptacles shall be uniformly and evenly filled throughout.
(b) The term "commodities" as used in this section shall be
construed to mean commodities or articles (other than liquids) which
are capable of being measured by dry capacity measure.
(c) The term "original standard container" as used in this section
shall be construed to mean and include only barrels, boxes, baskets,
hampers, or similar containers the dimensions or capacity of which
is established by Indiana or federal statute, the contents of which
have not been removed or repacked, and upon which is plainly and
conspicuously marked the net quantity of contents thereof in terms
of weight, measure, or numerical count.
(Formerly: Acts 1925, c.86, s.12.) As amended by P.L.152-1986,
SEC.89.
IC 24-6-3-13
Weighmaster; appointment; powers and duties
Sec. 13. The division of weights and measures upon application
of any county, city, town, corporation, limited liability company,
individual, firm, association, or institution may designate one (1) or
more employees or some other suitable person or persons, to act as
weighmaster for such county, city, town, corporation, limited
liability company, individual, firm, association, or institution. Such
weighmaster shall be appointed for a specified term and shall, before
entering upon official duties, make oath faithfully to execute trust as
weighmaster. The division of weights and measures shall issue and
keep record of a certificate of appointment which shall designate the
location of the scale or scales or measuring devices to be operated by
said weighmaster. The rights and duties of weighmasters shall be
prescribed by the division and such weighmasters shall not receive
compensation from the state for duties so performed. Any
weighmaster who commits misconduct in the execution of duties
shall forfeit the certificate as weighmaster.
(Formerly: Acts 1925, c.86, s.13.) As amended by Acts 1978, P.L.2,
SEC.2420; P.L.2-1992, SEC.759; P.L.8-1993, SEC.367.
IC 24-6-3-14
Definitions
Sec. 14. The word "person" as used in this chapter shall be
considered to include also firms, copartnerships, limited liability
companies, or corporations. The term "device" or "devices" as used
in this chapter shall be construed to include all weights, scales,
beams, mechanical devices, or other instruments. The word "sell",
"sale", or "buy" as used in this chapter shall be construed to include
barter and exchange.
(Formerly: Acts 1925, c.86, s.14.) As amended by P.L.152-1986,
SEC.90; P.L.8-1993, SEC.368.
IC 24-6-3-15
Violations
Sec. 15. A person who recklessly violates this chapter commits a
Class B misdemeanor.
(Formerly: Acts 1925, c.86, s.15.) As amended by Acts 1978, P.L.2,
SEC.2421.
IC 24-6-3-16
Standards for weights and measures; emergency rule adoption;
federal standards
Sec. 16. (a) The state department may adopt emergency rules
under IC 4-22-2-37.1 to establish standards for weights and measures
to be used by the state department. A standard adopted under this
section must be the same as or at least as effective as the standards
adopted by the National Conference on Weights and Measures,
including amendments to those standards in effect on June 30, 1993,
and found in:
(1) Handbook 44: Specification, Tolerances, and Other
Technical Requirements for Weighing and Measuring Devices;
(2) Handbook 130: Chapter A, Uniform Packaging and
Labeling Regulation;
(3) Handbook 130: Chapter B, Uniform Regulation for the
Method of Sale of Commodities, except for Section 2.20; and
(4) Handbook 133: Checking the Net Contents of Packaged
Goods;
all published by the National Institute of Standards and Technology.
(b) The state department may determine when an amendment to
federal standards described in subsection (a) has been adopted. If the
state department determines that an amendment to the federal
standards has been adopted, the state department may adopt
emergency rules under IC 4-22-2-37.1 to amend the rules adopted by
the state department under subsection (a). An emergency rule
adopted under this subsection must provide a standard that is:
(1) the same as; or
(2) at least as effective as;
the amendment to the federal standards for weights and measures. An
emergency rule adopted under this subsection must take effect not
later than sixty (60) days after the date of publication of the
amendment to the federal standards.
As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994,
SEC.1.
IC 24-6-3-17
Adoption of rules requiring posting notices concerning oxygenates
at service stations; prohibition
Sec. 17. The state department may not adopt rules requiring the
posting of notices concerning oxygenates on or near engine fuel
dispensers located at retail service stations.
As added by P.L.123-1994, SEC.2.