Marvin Mandel, Governor                         773

vided, that the specifications, tolerances, and other technical re-
quirements for commercial weighing and measuring devices, speci-
fied in Section 9, shall be those adopted by the National Conference
on Weights and Measures and included in the National Bureau of
Standards Handbook 44, and subsequent editions, amendments and
revisions thereto effective when officially published from time to
time by the National Bureau of Standards; such specifications, [and]
tolerances and other technical requirements shall remain in effect
unless modified or rescinded by regulation duly promulgated by the
Superintendent, and the Superintendent may promulgate additional
regulations and amend or rescind any effective regulation. For the
purposes of this subtitle, apparatus shall be deemed to be correct
when it conforms to all applicable requirements promulgated as
specified in this section; other apparatus shall be deemed to be
incorrect.

8.    Same—Testing of standards.

He shall test the standards of weight and measure provided by
any city or county for which the appointment of a sealer of weights
and measures is [required] permitted by this subtitle, at least every
([five] two years, and he shall approve the same when found to be
correct; he shall reject those found to be incorrect. [, and he] The
Superintendent shall inspect such standards as often as he deems
necessary to insure their accuracy and acceptability and at least
once every [two years.] year. He shall test all the standards of
weight and measure and other appropriate equipment kept or used
by servicemen and service agencies engaged in the maintenance
and repair of weighing and measuring devices, for which testing
he will establish reasonable fees.

9.    Same—General testing and investigations; inspection of pack-
ages [.]; presumptive evidence.

When not otherwise provided by law, the Superintendent shall
have the power to inspect and test, to ascertain if they are correct,
all weights and measures kept, offered, or exposed for sale. It shall
be the duty of the Superintendent, except in cities and counties for
which the appointment of a sealer of weights and measures is
[required] permitted by this subtitle, as often as he may deem
necessary, to inspect and test, to ascertain if they are correct, all
weights and measures commercially used (1) in determining the
weight, measurement, or count of commodities or things sold, or
offered or exposed for sale, on the basis of weight [or], measure,
or of count, (2) in computing any charge or payment for services
rendered on the basis of weight [or of], measure, or of count, or
(3) in determining weight [or], measurement, or count when a
charge is made for such determination. The Superintendent may
inspect and test any weight and measure when requested by com-
petent State authority. With respect to single-service devices (that
is, devices designed to be used commercially only once and to be
then discarded) and with respect to devices uniformly mass-pro-
duced, as by means of a mold or die, and not susceptible of individual
adjustment, the Superintendent may accomplish testing with repre-
sentative samples of such devices; and lots of which such samples
are representative shall be held to be correct or incorrect upon the
basis of the results of the inspections and tests on such samples.
The Superintendent shall have the authority to investigate com-