| Chapter 211 |
| 2018 -- H 7190 Enacted 07/02/2018 |
| A N A C T |
| RELATING TO WEIGHTS AND MEASURES -- PRODUCE SCALES IN MARKETS |
| Introduced By: Representatives Chippendale, and Winfield |
| Date Introduced: January 17, 2018 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 47-2-7 of the General Laws in Chapter 47-2 entitled "Produce |
| Scales in Markets" is hereby amended to read as follows: |
| 47-2-7. Fees and compensation of sealer -- Condemnation of incorrect scales or |
| balances. |
| (a) The sealer of weights and measures, in any town or city, shall receive the same fee as |
| any state sealer appointed by the state and no less than a fee of twenty-five cents (25¢) for every |
| weight, wine, or dry measure, sealed by him or her at his or her office; the sealer shall receive a |
| fee of twenty-five cents (25¢) for every yardstick or yard measure sealed by him or her; for |
| sealing every spring balance of a capacity less than one hundred pounds (100 lbs.) the sealer shall |
| receive a fee of two dollars ($2.00), for every spring balance of a capacity of one hundred (100) |
| and less than five hundred pounds (500 lbs.), three dollars ($3.00); for every platform scale of a |
| capacity of five thousand pounds (5,000 lbs.) or more, five dollars ($5.00); for every balance of a |
| capacity of less than five thousand pounds (5,000 lbs.), two dollars ($2.00); for every steel yard of |
| a capacity of fifty pounds (50 lbs.) or less, one dollar ($1.00); and for every steel yard of a |
| capacity over fifty pounds (50 lbs.), two dollars ($2.00); every scale or balance used for weighing |
| people shall be tested, and if found correct shall be sealed, by the sealer, and he or she shall |
| receive a fee of two dollars ($2.00) for each and every scale or balance so sealed. If any of the |
| scales or balances are found to be incorrect, then they shall be condemned and their use forbidden |
| as hereinbefore provided. For proving and sealing coal and wood baskets, he or she shall receive |
| a fee of fifty cents (50¢) each, and for every charcoal basket so sealed, sixty cents (60¢); he or she |
| shall also have a reasonable compensation for all repairs, alterations, and adjustments which that |
| it may be necessary for the sealer to make, made by him or her, and for the expenses incurred in |
| visiting any place, as provided for in § 47-2-5. These fees and compensation shall be paid to the |
| sealer by the person owning or using the weights, measures, or balances so adjusted and sealed. |
| Every person violating the provisions of this section shall be fined not exceeding one hundred |
| dollars ($100) for each offense, one-half (1/2) thereof to go to the town or city and one-half (1/2) |
| to the complainant. All the fees received by any sealer of weights and measures of any town or |
| city shall be retained by him or her as compensation for his or her services except as hereinafter |
| provided. Any town or city council may, at any time, by ordinance, fix an annual salary for the |
| sealer of weights and measures of the town or city, and in that case the fees received by him or |
| her shall be paid over by him or her to the town or city treasurer, at the time or times prescribed |
| by any ordinance of the town or city. |
| (b) (1) For every spring balance or balance scale of a capacity of less than ten pounds (10 |
| lbs.), he or she shall receive a fee of five dollars ($5.00); for every spring balance or balance scale |
| of a capacity of more than ten pounds (10 lbs.) and less than one hundred pounds (100 lbs.), he or |
| she shall receive a fee of six dollars ($6.00); for every spring balance, balance scale, or platform |
| scale of a capacity of more than one hundred pounds (100 lbs.) and less than one thousand pounds |
| (1,000 lbs.), he or she shall receive a fee of ten dollars ($10.00). |
| (2) If any of the scales or balances are found to be incorrect, they shall be condemned and |
| their use forbidden as hereinbefore provided. |
| SECTION 2. Section 47-8-1 of the General Laws in Chapter 47-8 entitled "Gasoline and |
| Petroleum Products" is hereby amended to read as follows: |
| 47-8-1. Testing of measuring devices -- Forbidding use -- Fee. |
| (a) The director of the department of labor and training is hereby authorized and directed |
| to have tested all gasoline measuring devices used in the sale of gasoline, from time to time, as in |
| his or her judgment it may be deemed necessary, to prevent fraud or deception in the use of these |
| devices or to insure ensure the accurate measurement of gasoline in the sale. |
| (b) Any town or city sealer of weights, measures, and balances shall have authority to |
| condemn and forbid the use of any gasoline measuring device for the sale of gasoline in his or her |
| respective town or city, or until the device has been duly tried and sealed, or until the gasoline |
| measuring device has been equipped with such an attachment, contrivance, or apparatus as will |
| insure ensure the correct and proper functioning of the measuring device for the sale of the |
| gasoline by accurate measurement. |
| (c) For the testing and sealing of a gasoline measuring device, a fee of five dollars ($5.00) |
| shall be paid unless otherwise stated in § 47-1-5.1, The sealer of weights and measures in any |
| town or city shall receive the same fee as any state sealer, appointed by the state, as set forth in § |
| 47-1-5.1, except in the city of Providence where the sealer shall have the authority to remove and |
| replace any lead seal on any gasoline measuring device and to charge an additional fee of five |
| dollars ($5.00) for that service. |
| SECTION 3. This act shall take effect upon passage. |
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