§ 40-10-122 — Powers and duties of the director

Wyoming § 40-10-122

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 10: WEIGHTS AND MEASURES

Text

(a) The director shall:
(i) Maintain traceability of the state standards to
the national standards established by the United States
Department of Commerce National Institute of Standards and
Technology as demonstrated through laboratory recognition or
accreditation;
(ii) Enforce the provisions of this act;
(iii) Issue reasonable rules and regulations for the
enforcement of this act;
(iv) Grant exemptions from the provisions of this act
or any regulations promulgated pursuant thereto when appropriate
for the maintenance of good commercial practices within the
state;
(v) Conduct investigations to ensure compliance with
this act and the rules and regulations promulgated pursuant to
this act;
(vi) Delegate authority to appropriate personnel as
required for the proper administration and enforcement of this
act;
(vii) Inspect and test in a timely manner, weights
and measures kept, offered or exposed for sale;
(viii) Promulgate rules and regulations regarding
inspecting and testing weights and measures used commercially,
to ascertain if they are correct:
(A) In determining the weight, measure or count
of commodities or things sold, or offered or exposed for sale,
on the basis of weight, measure or count; or
(B) In computing the basic charge or payment for
services rendered on the basis of weight, measure or count.
(ix) Approve for use and mark weights and measures
found to be correct, reject and mark as rejected, condemn and
mark as condemned and make inoperable weights and measures found
to be incorrect. Rejected weights and measures shall be
condemned and made inoperable if not corrected within the time
specified or if used in a manner not specifically authorized;
(x) 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 act or rules and regulations
promulgated pursuant to this act. In carrying out the
provisions of this paragraph, the director shall employ
recognized sampling procedures adopted by National Conference on
Weights and Measures and published in the United States
Department of Commerce National Institute of Standards and
Technology Handbook 133, "Checking the Net Contents of Packaged
Goods;"
(xi) Prescribe, by rule and regulation, the
appropriate term, unit of weight or unit of measure to be used,
whenever an existing practice of declaring the quantity by
weight, measure, numerical count, time or combination thereof,
does not facilitate value comparisons by consumers or may lead
to consumer confusion;
(xii) Allow reasonable variations from the stated
quantity of contents, to allow for 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;
(xiii) Establish labeling requirements, requirements
for the presentation of cost-per-unit information, establish
standards of weight, measure, count and fill for any packaged
commodity and establish requirements for open dating
information;
(xiv) Verify the field standards for weights and
measures used by any jurisdiction or registered service person
operating within Wyoming before being put into service, and as
often thereafter as deemed necessary by the director, and
approve the same when found to be correct;
(xv) Provide for registration of persons qualified by
training and experience to install, service and repair weighing
or measuring devices;
(xvi) Provide that only persons who are registered
are authorized to place in service devices which have been
rejected or condemned and repaired or newly installed devices,
whether new or used, until an official inspection by an
authorized inspector is made;
(xvii) Provide for the training of weights and
measures personnel and establish minimum training and
performance requirements, for all weights and measures
personnel, including county, municipal, state or registered
servicepersons;
(xviii) Verify advertised prices, price
representations and point-of-sale systems, as necessary to
determine:
(A) The accuracy of prices and computations and
proper use of the equipment; and
(B) The accuracy of prices printed or recalled
from a database in systems utilizing scanning or coding means in
lieu of manual entry. In carrying out the provisions of this
paragraph, the director shall:
(I) Employ recognized procedures, as
adopted by the National Conference on Weights and Measures and
published in the United States Department of Commerce National
Institute of Standards and Technology Handbook 130, "Uniform
Laws and Regulations, Examination Procedures for Price
Verification"; and
(II) Conduct inspections and investigations
to ensure compliance.
(xix) Establish fees for testing and inspection,
which may include actual hourly cost plus mileage for any
inspections requested other than the routine inspection. The
hourly cost shall be as determined by the director and the
mileage cost shall be as provided by W.S. 9-3-103;
(xx) Establish reasonable laboratory fees for
testing, inspection and calibration of standards or weight and
measuring devices.
(b) The director may allow the licensing, testing,
inspection and reporting requirements of this chapter to be
conducted electronically as provided by the Uniform Electronic
Transaction Act, W.S. 40-21-101 through 40-21-119 and any
applicable federal electronic requirements.