CHAPTER 750
WEIGHTS AND MEASURES

      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.

      (1949 Rev., S. 6774.)

      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.

      (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.

      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, fifty dollars; (2) each large weighing or measuring device, two hundred fifty dollars; (3) each medium weighing or measuring device, one hundred dollars; and (4) each small weighing or measuring device, thirty 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; June Sp. Sess. P.A. 09-3, S. 386.)

      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; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase registration fees.

      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 75,000, rather than 25,000, 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. 43-8a. Uniform Open Dating Regulation. Regulations. Exemptions. The Commissioner of Weights and Measures shall adopt regulations, in accordance with chapter 54, incorporating, by reference, the voluntary version of the Uniform Open Dating Regulation, 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. Dairy foods required to be marked with a last sale date pursuant to section 22-197b shall be exempt from the provisions of this section.

      (P.A. 08-99, S. 1.)

      History: P.A. 08-99 effective January 1, 2009.

      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 $20 to $50 and the maximum fine from $200 to $300 and also increased the minimum for a subsequent conviction from $50 to $100 and the maximum from $500 to$1,000; 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.