Rules — Correct and incorrect apparatus

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  1. (a) The Arkansas Bureau of Standards shall issue from time to time reasonable rules for the enforcement of this subchapter.

  2. (b) These rules may include:

    1. (1) A system of determining the qualifications for registration of and issuing permits to sales and service personnel who for compensation place weighing and measuring devices into commercial use in this state;

    2. (2) Standards of net weight, measure, or count and reasonable standards of fill for any commodity in package form;

    3. (3) Rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by investigators of weights and measures in the discharge of their official duties;

    4. (4) Rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval to be used by registered agents of weights and measures in the discharge of their official duties; and

    5. (5) Exemptions from the sealing or marking requirements of § 4-18-341 with respect to weights and measures of character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question.

  3. (c) The rules shall include specifications, tolerances, and regulations for weights and measures specified in § 4-18-341 designed to eliminate from use without prejudice to apparatus that conform as closely as practicable to the official standards apparatus that:

    1. (1) Are not accurate and correct;

    2. (2) Are constructed so that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or

    3. (3) Facilitate the perpetration of fraud.

  4. (d) As used in this subchapter, an apparatus shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in this section.


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