TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 438
STANDARDS FOR WEIGHTS AND MEASURES

Section 438:7

    438:7 General Powers and Duties of Commissioner. –
I. The commissioner shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of such standards and equipment.
II. The commissioner shall be responsible for the administration and enforcement of the provisions of this chapter and the administrative rules adopted under this chapter.
III. The commissioner may issue an order to any person in violation of this chapter, any term or condition of a license, permit or registration issued under this chapter, or any rule adopted under this chapter. This order may require such remedial or corrective measures as may be necessary. The order shall require elimination of the violation and shall set the time frame within which the remedial or corrective measures shall be completed. Any person to whom an order is directed may appeal to the commissioner or to the superior court.
IV. The commissioner may hold hearings concerning the issuance of licenses, permits or registrations and the enforcement of these and any other provisions of this chapter.
V. The commissioner may impose administrative fines pursuant to RSA 438:40.
VI. The commissioner shall license annually all devices used commercially to provide services on the basis of weight, measure, or count or to establish size, quantity, extent, area or measurement of commodities or articles sold or offered or exposed for sale.
VII. The commissioner shall biennially make to the governor a report on all of the activities under this chapter within its biennial report pursuant to RSA 20:7.
VIII. The commissioner shall designate the registration and expiration dates for all licenses, permits, and registrations issued under this chapter.
IX. The commissioner shall make an annual report on October 1 of each year to the house and senate committees on executive departments and administration and to the house and senate clerks including the number of consumer complaints, the number of inspections, and the number of audits during the prior fiscal year for meters, scales, and other devices.

Source. 1985, 72:1. 1989, 324:5. 1994, 100:3, 4, eff. July 10, 1994. 2011, 202:3, eff. July 1, 2011. 2015, 259:23, eff. July 1, 2015.