47-26-911 - Powers and duties of local officials.

47-26-911. Powers and duties of local officials.

(a)  The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure of the governing body of the city or county.

(b)  Any weights and measures official appointed by a county or city shall have the duties and powers enumerated in this part, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state.

(c)  Each city sealer and county sealer of weights and measures shall file with the commissioner a fiscal year summary (July 1-June 30) of all weights and measures inspections and activities. The content, format, and due date of this summary shall be determined by the commissioner.

(d)  In cities and counties for which sealers of weights and measures have been appointed as provided for in this part, the commissioner shall have concurrent authority to enforce the provisions of this part.

(e)  The powers and duties relevant to weights and measures contained in this part shall be in addition to the powers granted to any such city or county by law or charter.

[Acts 1997, ch. 311, § 1.]