Table of Contents Sec. 43-1. Definitions. "Seal", when used in statutory provisions relating to
weights and measures, means a mark of identification which may, in the form of a
stamped impression, paster, wafer or certificate, be attached to, or made a part of, any
weighing or measuring instrument or device, by a sealer of weights and measures, as
visible evidence that the device or instrument bearing such mark of identification has
been legally tested, found correct and sealed by such sealer. "Tag", when so used, with
respect to weighing or measuring instruments or devices, means a mark, label, tag or
certificate indicating that the instrument or device to which it is attached is defective
and illegal for use. Sec. 43-2. Standards of weights and measures. The weights and measures received from the United States under a resolution of Congress approved June 14, 1836,
and such new weights and measures as are received from the United States as standard
weights and measures in addition thereto or in renewal thereof, and such as are supplied
by the state in conformity therewith and certified by the National Institute of Standards
and Technology, shall be the state standards, by which all municipal standards of weights
and measures shall be tried, proved and sealed. Sec. 43-3. State Commissioner of Weights and Measures. Inspectors. Registration. Fees. (a) The Commissioner of Consumer Protection shall be state Commissioner of Weights and Measures. The commissioner may appoint inspectors of weights
and measures, with all the powers incident to that office, when directed so to act by the
commissioner. Said commissioner shall take charge of the standards adopted, under the
provisions of section 43-2, as the standards of the state, and cause them to be kept in a
fire-proof building belonging to the state, or in a suitable place in his office, from which
they shall not be removed except for repairs or for certification, and he shall take all
other necessary precautions for their safekeeping. He shall maintain the state standards
in good order and shall provide for their certification as prescribed by the National
Institute of Standards and Technology at least once in ten years. He shall, at least once in
two years, test by the state standards all standard weights, measures and other apparatus
which belong to any municipality and shall seal such apparatus as is found to be accurate,
by stamping thereon, with seals kept for that purpose, the letter "C" and the last two
figures of the year of certification. He shall have general supervision of the weights,
measures and weighing and measuring devices sold, offered for sale or used in the state.
He, or the inspectors by his direction, shall, at least once in each year, test all scales,
weights and measures used in checking the receipt or disbursement of supplies in each
institution for the maintenance of which moneys are appropriated by the General Assembly, and he shall report, in writing, his findings to the supervisory board and to the
executive officer of the institution concerned, and, at the request of such board or executive officer, he shall appoint, in writing, one or more employees, in the service of each
institution, who shall act as special deputies for the purpose of checking the receipt or
disbursement of supplies. He shall keep a complete record of the standards, balances
and other apparatus belonging to the state, and take a receipt for the same from his
successor in office. He, or the inspectors at his direction, shall, at least once in two years,
inspect the work of the local sealers throughout the state and shall have power to inspect
and ascertain the correctness of all weights, scales, beams, measures, instruments or
mechanical devices for measuring, and tools, appliances or accessories connected with
any such instruments or measures kept, offered or exposed for sale, sold, used or employed by any proprietor, agent, lessee or employee in proving the size, quantity, extent,
area or measurement of quantities, things, produce or articles for distribution or consumption, offered or submitted by such person or persons for sale, hire or reward; and
shall, from time to time, weigh or measure packages or amounts of commodities of any
kind kept for the purpose of sale, offered for sale or sold, or in the process of delivery,
in order to determine whether the same contain the amounts represented, and whether
they are offered for sale or sold in accordance with law. They may, in the performance
of their official duties, enter, without warrant, into or upon any stand, place, building
or other premises, or stop any vendor, peddler, junk dealer or driver of any vehicle
transporting or containing coal, coke, ice or other commodity, or any dealer, and require
him to proceed to some place which they may specify, for the purpose of making tests.
Said commissioner or the inspectors may seal any such weighing or measuring instrument or apparatus which is found to be correct and may seize and destroy any incorrect
weight, measure or weighing or measuring instrument. The commissioner shall issue,
from time to time, regulations prescribing specifications and tolerances for commercial
weights and measures and weighing and measuring devices and regulations for the
guidance of municipal sealers, which regulations shall govern the procedure to be followed by such officers in the discharge of their duties. The commissioner may by regulation exempt specific duties and restrict specific powers of the municipal sealers appointed under the provisions of section 43-6 thereby reserving exclusively to the
commissioner within the municipality the duties exempted and powers restricted. The
commissioner may adopt regulations, in accordance with the provisions of chapter 54,
prescribing fees to be charged for any calibration services performed by the Department
of Consumer Protection, provided no fee shall be charged for services provided in accordance with the provisions of section 43-50. Whenever any municipality required by
section 43-6 to appoint a sealer of weights and measures fails to do so or when a municipal
sealer appointed under the provisions of said section fails or neglects to perform his
duties, the Commissioner of Weights and Measures may direct his inspectors to perform
such duties and the clerk or comptroller of such municipality shall, upon notification
and request by the Commissioner of Weights and Measures, reimburse the state for the
cost of such services rendered. Sec. 43-3a. Method of sale of commodities. The Commissioner of Weights and
Measures may issue as regulations those specifications, tolerances and regulations for
the method of sale of commodities adopted by the National Conference on Weights and
Measures set forth in the National Institute of Standards and Technology Handbook
130, as amended, of the United States Department of Commerce, and incorporate them
by reference. Such rules, regulations, specifications and tolerances shall have the force
and effect of law. Sec. 43-3b. Method of packaging and labeling. The Commissioner of Weights
and Measures shall adopt regulations in accordance with chapter 54 incorporating by
reference the Uniform Packaging and Labeling Regulations, as adopted and as amended
from time to time, by the National Conference on Weights and Measures and published
in the National Institute of Standards and Technology Handbook 130, or subsequent
corresponding handbook of the United States Department of Commerce. Sec. 43-3c. Package checking procedures. The Commissioner of Weights and
Measures shall adopt regulations in accordance with chapter 54 incorporating by reference the package checking procedures, as adopted and as amended from time to time,
by the National Conference on Weights and Measures and published in the National
Institute of Standards and Technology Handbook 133, or subsequent corresponding
handbook of the United States Department of Commerce. Sec. 43-4. Chief executive municipal officers to procure complete set of standards. The chief executive officer of each municipality required to appoint a sealer
under the provisions of this chapter shall procure, at the expense of the municipality,
and shall keep, at all times, a complete set of weights and measures and other apparatus,
of such materials and construction as the Commissioner of Weights and Measures may
direct. All such weights, measures and other apparatus, having been tried and accurately
proven by said commissioner, shall be sealed and certified to by him and shall then be
deposited with and preserved by the sealer as public standards for such municipality.
Whenever any municipality neglects, for six months, to do so, the clerk or comptroller
of such municipality, on notification and request by the Commissioner of Weights and
Measures, shall provide such standards and cause the same to be tried, sealed and deposited, at the expense of the municipality. Sec. 43-5. County sealers of weights and measures. Section 43-5 is repealed. Sec. 43-6. Municipal sealers of weights and measures. There shall be a sealer
of weights and measures in each municipality of not less than seventy-five thousand
population, according to the most recent figures certified to the Secretary of the Office
of Policy and Management by the Commissioner of Public Health pursuant to section
19a-2a, to be appointed by the chief executive officer of such municipality. A sealer of
weights and measures may be appointed for municipalities having less than seventy-
five thousand population by the chief executive officer or board of selectmen of such
municipality. Whenever any municipality required by this section to appoint a sealer
of weights and measures fails to do so or when a municipal sealer appointed under the
provisions of this section fails or neglects to perform his duties, the Commissioner of
Weights and Measures may direct his inspectors to perform the duties of the municipal
sealer. The clerk or comptroller of each municipality required by this section to appoint
a sealer shall, upon notification and request by the Commissioner of Weights and Measures, reimburse the state for the cost of such services rendered. Municipal sealers of
weights and measures shall perform the same duties and have the same powers within
their jurisdiction as are vested in the Commissioner of Weights and Measures for the
state except those powers and duties exempted and reserved to the Commissioner of
Weights and Measures by regulation promulgated under the provisions of section 43-
3. In those municipalities in which no sealer is required by or appointed under the provisions of this section, the Commissioner of Weights and Measures or his inspectors shall
perform these duties and have these powers. Nothing in the foregoing provisions shall
be so construed as to prevent any contiguous municipalities from combining the whole
or any part of their respective territories, as may be agreed upon, with one sealer, subject
to the written approval of the Commissioner of Weights and Measures. A sealer appointed in pursuance of any agreement for such combination shall, subject to the terms
of his appointment, have the same jurisdiction and duties as if he had been appointed
by each of the authorities who are parties to the agreement. Sec. 43-7. Arrest without warrant. Issuance of orders. Application of condemned tags. The Commissioner of Weights and Measures, his inspectors and the
municipal sealers of weights and measures shall each have power to arrest, without
warrant, any violator of the laws relating to weights and measures, and to seize, without
warrant, for use as evidence, any false or unsealed weight, measure or weighing or
measuring device, or package or amount of any commodity, found to be used, retained,
offered or exposed for sale or sold in violation of law. The commissioner, his inspectors
and the municipal sealers may also issue stop use, hold and removal orders with respect
to any such weights and measures commercially used and stop sale, hold and removal
orders with respect to the weight or measure of any such packaged commodities or bulk
commodities kept, offered, or exposed for sale. Notwithstanding any other provision
of the general statutes or regulations adopted thereunder, the commissioner and his
inspectors may also issue stop use, hold and removal orders with respect to any weights
and measures devices found to be defective or otherwise in violation of section 22a-
174 or regulations adopted under said section. The commissioner, his inspectors and
the municipal sealers of weights and measures may apply a condemned tag to any false
weight, measure or weighing or measuring device or to any weighing or measuring
instrument or device to which a sealer of weights and measures has attached a seal or
tag which has been tampered with, marked, defaced, removed, forged or counterfeited. Sec. 43-8. Standards for towns. Duties and salary of inspector. Section 43-8 is
repealed.
Sec. 43-1. Definitions.
Sec. 43-2. Standards of weights and measures.
Sec. 43-3a. Method of sale of commodities.
Sec. 43-3b. Method of packaging and labeling.
Sec. 43-3c. Package checking procedures.
Sec. 43-4. Chief executive municipal officers to procure complete set of standards.
Sec. 43-5. County sealers of weights and measures.
Sec. 43-6. Municipal sealers of weights and measures.
Sec. 43-7. Arrest without warrant. Issuance of orders. Application of condemned tags.
Sec. 43-8. Standards for towns. Duties and salary of inspector.
Sec. 43-9. Penalties.
(1949 Rev., S. 6774.)
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(1949 Rev., S. 6773; 1959, P.A. 152, S. 56; P.A. 90-125, S. 2.)
History: 1959 act deleted reference to county standards; P.A. 90-125 made technical change, substituting National
Institute of Standards and Technology for National Bureau of Standards.
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(b) Notwithstanding any regulations to the contrary, the following weighing and
measuring devices shall be registered annually with the commissioner and the commissioner shall charge the following annual registration fees: (1) Each motor fuel dispenser,
twenty-five dollars; (2) each large weighing or measuring device, one hundred twenty-
five dollars; (3) each medium weighing or measuring device, fifty dollars; and (4) each
small weighing or measuring device, fifteen dollars.
(1949 Rev., S. 6747; 1955, S. 2876d; 1959, P.A. 152, S. 57; 412, S. 38, 42; 1969, P.A. 810, S. 1; P.A. 77-98; P.A. 86-
156, S. 1; P.A. 90-125, S. 3; May Sp. Sess. P.A. 92-6, S. 69, 117.)
History: 1959 acts deleted reference to county sealers and changed "city and borough" to "municipality" and "municipal"
and replaced commissioner of food and drugs with commissioner of consumer protection; 1969 act authorized commissioner to exempt specific duties and restrict specific powers of municipal sealers, thereby reserving such duties and powers
to himself, and authorized commissioner to direct his inspectors to perform sealer's duties when municipality fails to
appoint a sealer or when sealer fails or neglects to perform duties, requiring that municipality reimburse the state for cost
of services rendered; P.A. 77-98 restated provision re certification by National Bureau of Standards; P.A. 86-156 authorized
the commissioner to adopt regulations prescribing fees to be charged for calibration services; P.A. 90-125 made technical
change, substituting National Institute of Standards and Technology for National Bureau of Standards; May Sp. Sess. P.A.
92-6 added new Subsec. (b) to require annual registration and establish fees for weighing and measuring devices.
See Sec. 43-24 re testing of machines used in weighing milk or cream.
See Sec. 43-29 re location of scales and fees charged for scales located outside state.
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(P.A. 84-279, S. 1; P.A. 90-125, S. 4.)
History: P.A. 90-125 made technical change, substituting National Institute of Standards and Technology for National
Bureau of Standards.
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(P.A. 95-332, S. 1.)
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(P.A. 95-332, S. 2.)
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(1949 Rev., S. 6748; 1959, P.A. 152, S. 58.)
History: 1959 act deleted references to counties and changed "city" to "municipality."
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(1949 Rev., S. 6749; 1957, P.A. 76, S. 2; 1959, P.A. 152, S. 99.)
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(1949 Rev., S. 6750; 1959, P.A. 152, S. 59; 1969, P.A. 810, S. 2; P.A. 97-96, S. 2.)
History: 1959 act deleted references to counties and changed "city" to "municipality"; 1969 act required sealer in
municipalities of at least seventy-five, rather than twenty-five, thousand people and permitted municipalities of fewer
people to appoint sealers at their discretion, further added provisions re performance of sealer's duties by commissioner's
inspectors and municipalities required reimbursement of state for services rendered where sealer fails or neglects to perform
duties or where municipality fails to appoint sealer; P.A. 97-96 replaced reference to United States census figures with
reference to figures certified pursuant to Sec. 19a-2a.
Cited. 163 C. 588.
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(1949 Rev., S. 6751; 1959, P.A. 152, S. 60; P.A. 84-279, S. 3; P.A. 88-36; P.A. 95-332, S. 3.)
History: 1959 act deleted reference to county sealers and changed "city" to "municipal"; P.A. 84-279 allowed the
application of a condemned tag to any measuring device which has been tampered with; P.A. 88-36 provided for the
issuance of stop use, hold and removal orders with respect to weights and measures and of stop sale, hold and removal
orders with respect to packaged or bulk commodities; P.A. 95-332 extended stop use, hold and removal powers to cover
weights and measure devices found to be defective or otherwise in violation of Sec. 22a-174.
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(1949 Rev., S. 6752; 1969, P.A. 810, S. 3.)
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