(1)The
commissioner shall:
(a)Maintain traceability of this state's standards to the standards of the
national institute of standards and technology;
(b)Implement and carry out the provisions of this article;
(c)Establish requirements for labeling, requirements for the presentation of
cost-per-unit information, standards of weight, measure, or count, and reasonable
standards of fill for any packaged commodity;
(d)Grant any exemptions from this article or any rules promulgated pursuant
to this article if in the commissioner's opinion such exemption would serve the
public interest;
(e)Conduct investigations to ensure compliance with this article;
(f)Delegate to appropriate personnel any responsibilities for the proper
administration of this article;
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(1) The
commissioner shall:
(a) Maintain traceability of this state's standards to the standards of the
national institute of standards and technology;
(b) Implement and carry out the provisions of this article;
(c) Establish requirements for labeling, requirements for the presentation of
cost-per-unit information, standards of weight, measure, or count, and reasonable
standards of fill for any packaged commodity;
(d) Grant any exemptions from this article or any rules promulgated pursuant
to this article if in the commissioner's opinion such exemption would serve the
public interest;
(e) Conduct investigations to ensure compliance with this article;
(f) Delegate to appropriate personnel any responsibilities for the proper
administration of this article;
(g) Test annually the standards of weights and measures used by any city or
county within the state and approve the same when found to be correct; except that
tuning forks used to determine the accuracy of radar guns shall not be subject to
annual testing;
(h) Inspect and test weights and measures kept, offered, or exposed for sale,
including prepackaged commodities;
(i) Inspect and test, to ascertain if they are correct, all commercial weighing
and measuring devices for which the owner is required to be licensed under this
article;
(j) Test all weights and measures used in checking the receipt or
disbursement of supplies in every state institution if funds are appropriated for
such maintenance;
(k) Approve for use, and may mark, such weights and measures as the
commissioner finds to be correct and may reject and mark as rejected such weights
and measures as the commissioner finds to be incorrect. Weights and measures
that have been rejected may be seized if not corrected within the time specified or
if used or disposed of in an unauthorized manner. The commissioner may condemn
and seize weights and measures that are found to be incorrect and that cannot be
made correct.
(l) Weigh, measure, or inspect packaged commodities kept, offered, or
exposed for sale, sold, or in the process of delivery to determine whether they
contain the amounts represented and whether they are kept, offered, or exposed
for sale in accordance with this article and the rules promulgated pursuant to this
article. Accuracy of weight, measure, or count shall be determined by procedures
set forth in the national institute of standards and technology handbook 133 as
adopted by the national conference on weights and measures 1980, and any
supplements or revisions thereto unless otherwise specified by the commissioner
by rule. When the nature of the packaged commodity requires assistance in testing,
the commissioner may request the person in possession of the package to furnish
equipment and assistance to complete the test.
(m) Prescribe the appropriate term or unit or weight or measure to be used
whenever the commissioner determines, in the case of a specific commodity, that
an existing practice of declaring the quantity by weight, measure, numerical count,
or by combination of weight, measure, or numerical count does not facilitate value
comparison or is represented in any manner that tends to mislead or deceive any
person;
(n) Allow reasonable variations from the stated quantity of contents, which
shall include those caused by loss or gain of moisture during the course of good
distribution practice or by unavoidable deviations in good manufacturing practice,
only after the commodity has entered intrastate commerce;
(o) Promulgate such rules as are necessary for the implementation and
administration of this article in accordance with article 4 of title 24, C.R.S.,
including rules regarding the use of weights and measures, methods of sale, unit
pricing, declaration of quantity, retail sales price representations for commodities
and services, including requirements for cents-off and introductory offer
promotions, and labeling requirements;
(p) Negotiate and enter into contracts with local governments for the
implementation and enforcement of this article.
(2) The commissioner may, upon request, inspect and test any weight,
measure, or standard used by a governmental entity.