774                                 Laws of Maryland                        [Ch. 235

plaints made to him concerning violations of this subtitle, and shall,
upon his own initiative, conduct such investigations as he deems
appropriate and advisable to develop information on prevailing
procedures in commercial quantity determinations and on possible
violations of the provisions of this subtitle and to promote the
general objective of accuracy in the determination and representa-
tion of quantity in commercial transactions. The Superintendent
shall, from time to time, weigh or measure and inspect packages
or amounts of commodities kept, offered, or exposed for sale, sold,
or in the process of delivery, to determine whether the same con-
tain the amounts represented and whether they be kept, offered,
or exposed for sale, or sold, in accordance with law. When such
packages or amounts of commodities are found to be kept, offered,
or exposed for sale in violation of law, the Superintendent may
order them off sale and may so mark or tag them as to show them
to be illegal. In carrying out the provisions of this section, the
Superintendent may em/ploy recognized sampling procedures under
which the compliance of a given lot of packages will be determined
on the basis of the result obtained on a sample selected from and
representative of such lot. For the purpose of this subtitle, proof
of the existence of a weight or measure or a weighing or measuring
device 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 the regular use of such weight
or measure or weighing or measuring device for commercial pur-
poses and of such use by the person in charge of such building,
enclosure, stand, or vehicle. Provided, that in cities or counties for
which the appointment of a sealer of weights and measures is
[required] permitted by this subtitle, the Superintendent shall have
concurrent authority to enforce the provisions of this subtitle.

10. Same—Disposition of correct and incorrect apparatus; duty
of owners of [incorrect] apparatus.

The Superintendent shall approve for use and seal or mark with
appropriate devices such weights and measures as he finds upon
inspection and test to be "correct" as denned in Section 7 [.] , but
such sealing or marking shall not be required with respect to such
weights and measures as may be exempted therefrom by a regulation
of the Superintendent issued under the authority of Section 7. The
Superintendent shall reject and mark or tag as "condemned for
repair," in a manner to preclude further use, such weights and
measures as he finds, upon inspection or test, to be "incorrect" as
defined in Section 7, but which in his best judgment are susceptible
of satisfactory repair; but he shall condemn, and may seize and
destroy, weights and measures found to be incorrect which, in his
best judgment, are not susceptible of satisfactory repair. The owners
or users of weights and measures which have been condemned for
repair shall cause the same to be made correct within such reasonable
period as may be specified by the Superintendent, or in lieu of this
may dispose of the same, but only in such a manner as is specifically
authorized by the Superintendent. Weights and measures which have
been condemned for repair (1) shall not again be used commercially
until reexamined by the Superintendent and found to be correct, or
until specific written permission for such use is issued by the Super-
intendent, or until the weight or measure is adjusted, repaired and
determined to be "correct" by some person authorized by the