772                              Laws of Maryland                      [Ch. 235

4. Appointment of Superintendent and Inspectors of Weights and
Measures; budget.

(a)  There shall be a State Superintendent of Weights and Meas-
ures, hereinafter referred to as the Superintendent. The Superin-
tendent of Weights and Measures will be appointed by the State
Board of Agriculture and will function under the division of agri-
culture and related services of the University of Maryland. Such
sums as shall be appropriated will be included in the budget of the
State Board of Agriculture.

(b)   The Superintendent shall appoint State inspectors of Weights
and Measures, and necessary technical and clerical personnel, from
eligible lists prepared by the Secretary of Personnel or other author-
ized source and these personnel shall be included in the State of
Merit System as classified employees.

7. Specific powers and duties of Superintendent—Regulations.

The Superintendent shall issue from time to time reasonable regu-
lations for the enforcement of this subtitle, which regulations shall
have the force and effect of law.

(a)  These regulations may include, but are not limited to, (1)
standards of net weight, measure, or count, [and] reasonable stand-
ards of fill, and labeling requirements, for any commodity in package
form, (2) [specifications and tolerances and other technical require-
ments for weights and measures of the character of those specified
in Section 9 designated to eliminate from use, without prejudice to
apparatus which conforms as closely as practicable to the official
standards those which are not accurate, which are of such construc-
tion that they are faulty that is, which are not reasonably per-
manent in their adjustment or will not repeat their indications
correctly or which facilitate the perpetration of fraud, and] exemp-
tions from the sealing or marking requirements of Section 10 of this
subtitle with respect to weights and measures of such character or
size that such sealing or marking would be inappropriate, imprac-
ticable, or damaging to the apparatus in question, (3) regulations
governing the procedures to be followed by city and county sealers
of weights and measures in the discharge of their official duties [.] ,
(4) regulations governing the registration of servicemen and
service agencies engaged in the maintenance and repair of weighing
and measuring devices, (5) regulations governing the types of com-
modities and things to be weighed by licensed weighmasters, the
types of weighing devices requiring operation by a licensed weigh-
master, rules governing the licensing of weighmasters and applicants'
fees for such licensing, and rules governing the maintenance of
weight records and inspection of weight records by the Superin-
tendent, any inspector, sealer or deputy sealer.

(b)   These regulations shall include specifications, tolerances, and
other technical requirements for weights and measures of the char-
acter of those specified in Section 9 of this subtitle, designed to elimi-
nate from use, without prejudice to apparatus that conforms as
closely as practicable to the official standards, those (1) that are not
accurate, (2) that are of such construction that they are faulty
(that is, that are not REASONABLY PERMANENT IN THEIR
ADJUSTMENT OR WILL NOT REPEAT THEIR INDICATIONS
CORRECTLY), or (3) facilitate the perpetration of fraud. Pro-