Bill Text - SB67 (2023)

Relative to changes to certain weights and measures statutes.

Revision: Jan. 12, 2023, 1:28 p.m.










AN ACT relative to changes to certain weights and measures statutes.


SPONSORS: Sen. Gannon, Dist 23; Sen. Watters, Dist 4; Sen. Gray, Dist 6; Sen. Birdsell, Dist 19; Sen. Soucy, Dist 18; Sen. Ward, Dist 8; Rep. Guthrie, Rock. 15


COMMITTEE: Executive Departments and Administration






This bill makes various changes to the weights and measures statutes.


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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty Three


AN ACT relative to changes to certain weights and measures statutes.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1  Agriculture; Standards for Weights and Measures; Rulemaking.  Amend RSA 438:8, I(k) to read as follows:

(k) The collection of fees set in departmental rules [Agr 1410.03] Agr 1410.02 through 1410.07.

2  Agriculture; Standards for Weights and Measures; Registered Service Technician.  Amend RSA 438:14-a to read as follows:

438:14-a Registered Service Technician. A registered service technician who installs, services, repairs, reconditions, tests, or calibrates a commercial weighing or measuring device shall seal said device in a manner approved by the commissioner. This seal shall authorize the device owner to use a licensed device unless rejected pursuant to RSA 438:14.  Registered service technicians are not authorized to certify commercial devices owned by their employer or another entity wholly or partially affiliated with their employer that may have a monetary interest in the outcome of the certification.

3  Agriculture; Standards for Weights and Measures; Investigations.  Amend RSA 438:11 to read as follows:

438:11 Investigations.  [The commissioner, or his inspectors at his direction,] Under the direction of the commissioner, the director shall investigate complaints made [to him] concerning violations of the provisions of this chapter and shall, upon his or her own initiative, conduct such investigations as [he deems] deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.

4  Agriculture; Standards for Weights and Measures; Police Powers, Right of Entry and Stoppage.  Amend RSA 438:15 to read as follows:

438:15 Police Powers, Right of Entry and Stoppage.  With respect to the enforcement of this chapter and any other law dealing with weights and measures that he or she is or may be empowered to enforce, the commissioner, or the commissioner's inspectors at his or her direction, is hereby vested with special police powers, [and is authorized] and may enter any commercial premises during normal business hours to arrest, without formal warrant, any violator of said laws, and to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, or exposed for sale or sold in violation of law, and stop and require any commercial vehicle equipped with weighing or measuring devices, or bulk measured commodities, to proceed with the vehicle to some specified place for inspection.

5  Agriculture; Standards for Weights and Measures; Field Standards and Equipment.  Amend RSA 438:5 to read as follows:

438:5  Field Standards and Equipment.  In addition to the state standards provided for in RSA 438:4, there shall be supplied by the state such "field standards" and such equipment as may be found necessary to carry out the provisions of this chapter.  The field standards shall be verified upon their initial receipt and at [least once each year] intervals, as recommended by the National Conference on Weights and Measures Handbook 105 series pursuant to RSA 438:8, IV, thereafter by comparison with the state standards or standards of NIST recognized or accredited laboratories.

6  Effective Date.  This act shall take effect 60 days after its passage.