Marvin Mandel, Governor                         783

enumerated in paragraphs (a) through [(i)] (k) of this section,
shall be guilty of a misdemeanor, and upon a first conviction thereof
shall be punished by a fine of not [less than $10.00 or] more than
[$200.00] $500.00 or by imprisonment for not more than 3 months,
or by both such fine and imprisonment; and upon a second or sub-
sequent conviction thereof he shall be punished by a fine of not less
than [$50.00] $200.00 or more than [$500.00] $1000.00, or by im-
prisonment for not more than 1 year or by both such fine and
imprisonment.

(b) Use, or have in possession for current use, in the buying or
selling of any commodity or thing, or for hire or award, or in the
computation of any charge or payment for services rendered on the
basis of weight or measurement, or in the determination of weight
or measurement when a charge is made for such determination,
any weight or measure which has not been sealed by the Super-
intendent, or any inspector, or a sealer or deputy sealer, unless
written notice has been given to the Superintendent or to the sealer
in whose territory the weight or measure is located, to the effect
that such weight or measure is available for examination, [or] and
unless specific written permission to use such weight or measure
has been received from the office of the Superintendent or from the
sealer in whose territory the weight or measure is located.

(d) Remove from any weight or measure, contrary to law or
regulation, any tag [or], seal or mark placed thereon by the Super-
intendent, or any inspector, or a sealer or deputy sealer.

(j) Manipulate or in any manner render a weight or measure to
a state calculated to deceive or defraud anyone.

(k) Misrepresent a weight, measurement, or count affecting any
purchase, sale, award, or amounts paid or charged for a service.

35.    Definitions.

(4) The term "inspector" shall be construed to mean a State
inspector of weights and measures.

(5)   The terms "sealer" and "deputy sealer" shall be construed to
mean, respectively, a sealer of weights and measures and a deputy
sealer of weights and measures of a city, of a county, or of a joint
city-county jurisdiction.

(6)  The phrases "commodity in bulk" or "sale from bulk" mean
the sale of commodities when the quantity is determined at the time
of sale.

(7)  The term "primary standards" means the physical standards
of the state which serve as the legal reference from which all other
standards and weights and measures are derived.

(8)  The term "secondary standards" means the physical stand-
ards which are traceable to the primary standards through com-
parisons, using acceptable laboratory procedures, and used in the
enforcement of weights and measures laws and regulations.

36.    Applicability in Baltimore City.

The State Superintendent of Weights and Measures, or any inspec-
tor, shall not exercise any authority with respect to administration