MARVIN MANDEL, Governor                                     1811

SECRETARY ALSO MAY CONDUCT ANY INVESTIGATION HE DEEMS
APPROPRIATE AND ADVISABLE TO DEVELOP INFORMATION ON
PREVAILING PROCEDURES IN COMMERCIAL QUANTITY
DETERMINATIONS AND ON POSSIBLE VIOLATIONS OF THE
PROVISIONS OF THIS TITLE, AND TO PROMOTE ACCURACY IN
THE DETERMINATION AND REPRESENTATION OF QUANTITY IN
COMMERCIAL TRANSACTIONS.

(B)   MEASURE AND INSPECT COMMODITIES FOR ACCURACY.

THE SECRETARY SHALL WEIGH OR MEASURE AND INSPECT
ANY PACKAGE OR AMOUNT OF A COMMODITY POSSESSED,
OFFERED, OR EXPOSED FOR SALE, SOLD, OR BEING
DELIVERED, TO DETERMINE WHETHER IT CONTAINS THE AMOUNT
REPRESENTED AND WHETHER IT IS POSSESSED, OFFERED, OR
EXPOSED FOR SALE, SOLD, OR IS BEING DELIVERED IN
ACCORDANCE WITH THIS TITLE.

(C)   RECOGNIZED SAMPLING PROCEDURES PERMITTED.

IN CARRYING OUT THE PROVISIONS OF THIS SECTION,
THE SECRETARY MAY EMPLOY RECOGNIZED SAMPLING
PROCEDURES TO DETERMINE THE COMPLIANCE OF A GIVEN LOT
OF PACKAGES ON THE BASIS OF THE RESULT OBTAINED ON A
SAMPLE SELECTED FROM AND REPRESENTATIVE OF THE LOT.

(D)    EXISTENCE OF WEIGHT AND MEASURE PRIMA FACIE
EVIDENCE OF USE.

FOR THE PURPOSE OF THIS [[SUBTITLE]] TITLE, PROOF
OF THE EXISTENCE OF A WEIGHT AND MEASURE IN OR ABOUT
ANY BUILDING, ENCLOSURE, STAND, OR VEHICLE IN WHICH OR
FROM WHICH IT IS SHOWN THAT BUYING OR SELLING IS
COMMONLY CARRIED ON, SHALL BE PRESUMPTIVE EVIDENCE OF
REGULAR USE OF THE WEIGHT AND MEASURE FOR COMMERCIAL
PURPOSES AND OF USE BY THE PERSON IN CHARGE OF THE
BUILDING, ENCLOSURE, STAND, OR VEHICLE.

REVISOR'S NOTE: This section is new language
derived from the last five sentences of Art.
97, §9 of the Code. The present references
to "kept" commodities are omitted and a
reference to "possessed" commodities is added
for greater clarity. The reference to
"weighing or measuring device" is proposed
for deletion because this is encompassed
within the definition of weight and measure
in §11-101(m) .

The provision relating to the Secretary's
power to issue off—sale orders is omitted