§ 5113 — Disposition of correct and incorrect apparatus

The Secretary of Agriculture shall approve for use and seal or mark with appropriate devices such weights and measures found upon inspection and test to be “correct” as defined in § 5107 of this title, and shall reject and mark or tag as “rejected” such weights and measures found, upon inspection or test, to be “incorrect” as defined in § 5107 of this title, but which in the Secretary of Agriculture’s best judgment are susceptible of satisfactory repair; provided that, such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title. The Secretary of Agriculture shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in the Secretary of Agriculture’s best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the Secretary of Agriculture if not corrected as required by § 5116 of this title, or if used or disposed of contrary to the requirements of § 5116 of this title.

Legislative History

6 Del. C. 1953, § 5115; 53 Del. Laws, c. 187, § 3 ; 57 Del. Laws, c. 764, § 31C ; 70 Del. Laws, c. 186, § 1