Rules and regulations

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  • (a) The Director may issue from time to time reasonable rules and regulations necessary to administer and for the enforcement of this subchapter, which regulations shall have the force and effect of law after filing and publication in accordance with the provisions of chapter 35 of Title 3 of this Code. These regulations may include:

    • (1) standards of net weight, measure or count.

    • (2) rules governing technical and reporting procedures and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties.

    • (3) exemptions from the ceiling or marking requirements of section 162 with respect to weights and measures of such character or size that such ceiling or marking would be inappropriate, impractical or damaging to the apparatus in question.

    • (4) with respect to classes of weights and measures found to be of such character that frequent retesting is unnecessary to continued accuracy, exemptions from the requirements of section 158 of this title—testing and schedules fixing the frequency of required retests for classes of devices so exempted.

    • (5) rules governing the registration of servicemen and service agencies involved in scale inspection.

  • (b) The regulations shall include specifications, tolerances and regulations for weights and measures of the character of those specified in section 158 designed to eliminate from use without prejudice to the apparatus that conforms as closely as practical to the official standards, those that (i) are not accurate, (ii) are of such construction that they are not reasonably permanent in their adjustment or will not repeat their indications correctly, and (iii) facilitate the perpetration of fraud. The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Bureau of Standards and published in the National Bureau of Standards Handbook 44 and supplements thereto, or in any publication revising or superseding Handbook 44, shall be the specifications, tolerances and regulations for commercial weighing and measuring devices of the United States Virgin Islands, except as specifically modified, amended or rejected by a regulation issued by the Director. For the purposes of this subchapter, apparatus shall be deemed to be “correct” when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be “incorrect”.


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