Power of Commissioner to Inspect Commercial Premises and Vehicles; Stop-Use or Stop-Sale, Hold, and Removal Orders; Seizure

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Weights and Measures
  5. General Provisions
  6. Power of Commissioner to Inspect Commercial Premises and Vehicles; Stop-Use or Stop-Sale, Hold, and Removal Orders; Seizure

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When necessary for the enforcement of this chapter or rules or regulations promulgated pursuant to this chapter, the Commissioner is:

  1. Authorized to enter any commercial premises when open for business, except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained;
  2. Empowered to issue stop-use, hold, and removal orders with respect to any commercially used weights and measures and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale;
  3. Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this chapter or rules or regulations promulgated pursuant thereto;
  4. Empowered to stop any commercial vehicle and, after presentment of his credentials, inspect the contents, require that the person in charge of the vehicle produce any documents in his possession concerning the contents of the vehicle, and require him to proceed with the vehicle to some specified place, which shall not be more than 25 miles distant from the location where the vehicle was stopped, for inspection;
  5. Authorized to investigate and prosecute any person violating this chapter.

(Ga. L. 1941, p. 510, §§ 3, 5; Ga. L. 1972, p. 654, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Weights and Measures, § 10 et seq.

C.J.S.

- 94 C.J.S., Weights and Measures, §§ 8 et seq., 16 et seq., 25 et seq.


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