HARRY HUGHES, Governor

825

(b)  Unless otherwise provided, the Secretary may inspect
and test to ascertain if they are correct, every weight and
measure possessed, offered, or exposed for sale. [Except in
cities and counties where the appointment of a local inspector is
permitted by this subtitle, the] THE Secretary shall inspect and
test every weight and measure commercially used in determining:

(1)  The weight, measurement, or count of any
commodity sold, or offered or exposed for sale, on the basis of
weight, measure, or count;

(2)  Any charge or payment for services rendered on
the basis of weight, measure, or count;

(3)  Weight, measurement, or count when a charge is
made for the determination.

(c)  The Secretary may test with representative samples any
single-service device or mass-produced device. The lot of which
any sample is representative shall be held to be correct or
incorrect upon the basis of the results of the inspections and
tests on the samples. For the purposes of this section, a
single-service device is a device designed to be used
commercially only once and then discarded; and a mass-produced
device is a device produced by means of a mold or die and not
susceptible of individual adjustment.

[11-212.] 11-207.

(a)  The Secretary shall approve for use and seal or mark
with the appropriate device any weight and measure that he finds
to be "correct" as defined in § [ll-207(d)] 11-203(D) but sealing
or marking of weights and measures exempted under § [11-207]
11-203 is not required.

(b)  The Secretary shall reject and mark or tag as
"condemned for repair", in a manner to preclude further use, any
weight and measure he finds to be "incorrect" as defined in §
[ll-207(d)] 11-203(D), but which he determines can be repaired
satisfactorily. He shall condemn and may seize and destroy
weights and measures found to be incorrect which he determines
cannot be repaired satisfactorily. The owners or users of weights
and measures condemned for repair shall have them made correct
within a reasonable period specified by the Secretary, or may
dispose of them in a manner specifically authorized by the
Secretary.

(c)  Weights and measures which have been condemned for
repair may not be used commercially until reexamined by the
Secretary and found to be correct, until the Secretary issues
written permission for use, or until the weight or measure is
adjusted, repaired, and determined to be "correct" by some person
authorized by rule or regulation of the Secretary. Any weights
and measures condemned for repair may be confiscated by the