(a) Unless a commercial weighing or measuring device is exempt from the application of this section by department rule, a commercial weighing or measuring device shall be inspected and tested for correctness by the department at least once every four years, or more often as required by the department, if it:
(1) is kept for sale, sold, or used by a proprietor, agent, lessee, or employee in proving the weight or measure, including the size, quantity, extent, or area, of any item; or
(2) is purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.
(b) The department may, to the extent necessary to ensure compliance with the official standards, implement risk-based inspections, respond to complaints, and, as a term of probation, require or perform additional inspection and testing of commercial weighing or measuring devices.
Terms Used In Texas Agriculture Code 13.101
- Department: means the Department of Agriculture. See Texas Education Code 66.82
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) A person who uses or keeps for use, or has or offers for sale, a commercial weighing or measuring device is responsible for having the device inspected and tested as required by this section, department rule, or department order imposing a term of probation.
(d) The department may inspect and test a commercial weighing or measuring device less frequently than required by Subsection (a):
(1) to accommodate complaint-based and risk-based inspection schedules; or
(2) in response to an emergency or a limitation in department funding.
(e) This section does not apply to a motor fuel metering device.