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.
(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; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169,
S. 17; 04-189, S. 1.)
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; June 30
Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner
and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June
30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.
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.
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.
(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.
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.
(P.A. 95-332, S. 1.)
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.
(P.A. 95-332, S. 2.)
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.
(1949 Rev., S. 6748; 1959, P.A. 152, S. 58.)
History: 1959 act deleted references to counties and changed "city" to "municipality".
Sec. 43-5. County sealers of weights and measures. Section 43-5 is repealed.
(1949 Rev., S. 6749; 1957, P.A. 76, S. 2; 1959, P.A. 152, S. 99.)
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.
(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.
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.
(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.
Sec. 43-8. Standards for towns. Duties and salary of inspector. Section 43-8 is
repealed.
(1949 Rev., S. 6752; 1969, P.A. 810, S. 3.)
Sec. 43-9. Penalties. (a) Any person who, by himself or by his servant or agent or
as the servant or agent of another, offers or exposes for sale, sells or uses in the buying
or selling of any commodity or thing or for hire or reward or retains in his possession
a false weight or measure or weighing or measuring device or any weight or measure
or weighing or measuring device which has not been sealed by the sealer of weights
and measures within one year; or who disposes of any condemned weight, measure or
weighing or measuring device contrary to the provisions of the statutes; or tampers with,
marks, defaces, removes, forges or counterfeits any seal or tag attached to a weighing
or measuring instrument or device by a sealer of weights and measures; or who knowingly sells, offers or exposes for sale less than the quantity he represents; or who buys
and receives any commodity the weight or measure of which is determined by weights
or measures of the purchaser and gives credit or pays for a quantity of such commodity
less than that received by him; or who sells or offers or exposes for sale any commodity
in a manner contrary to the provisions of the statutes; or who sells or offers for sale or
has in his possession for the purpose of selling any device or instrument to be used to,
or calculated to, falsify any weight or measure, shall, upon a first conviction, be fined
not less than fifty dollars nor more than three hundred dollars or imprisoned not more
than three months or be both fined and imprisoned. Upon any subsequent conviction
any such person shall be fined not less than one hundred dollars nor more than one
thousand dollars or imprisoned not more than one year or be both fined and imprisoned.
Any person who hinders or obstructs the Commissioner of Weights and Measures or
any inspector or any municipal sealer in the performance of his official duties shall be
fined not less than two dollars nor more than two hundred dollars or imprisoned not
more than ninety days or be both fined and imprisoned. Any person who impersonates
the Commissioner of Weights and Measures or any inspector or any municipal sealer,
by use of his seal or a counterfeit of his seal, or otherwise, shall be fined not less than
one hundred dollars nor more than five hundred dollars or imprisoned not more than
one year or be both fined and imprisoned.
(b) The Commissioner of Consumer Protection, after a hearing conducted in accordance with the provisions of chapter 54, may impose a civil penalty of not more than one
hundred dollars for the first offense and of not more than five hundred dollars for any
subsequent offense on any person who violates any provision of this chapter or any
regulation adopted pursuant to this chapter. Each violation with respect to each such
unit, container, package, device or instrument shall be considered a separate offense.
(1949 Rev., S. 6775; 1959, P.A. 152, S. 61; P.A. 84-279, S. 4; P.A. 90-125, S. 8; P.A. 95-332, S. 4; June 30 Sp. Sess.
P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 1959 act deleted references to county sealers and changed "city" to "municipal"; P.A. 84-279 increased the
minimum fine for a first conviction for the sale of a false device from twenty dollars to fifty dollars and the maximum fine
from two hundred to three hundred dollars and also increased the minimum for a subsequent conviction from fifty dollars
to one hundred dollars and the maximum from five hundred dollars to one thousand dollars; P.A. 90-125 added Subsec.
(b) re administrative penalties; P.A. 95-332 amended Subsec. (a) to make the penalty for one who sells, offers or exposes
for sale less than the quantity he represents applicable only to those who perform such acts knowingly; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004.