Mass. Gen. Laws ch. 98, sec. 34 — MA Code / Part I / Title XV / Chapter 98 / Section 34
Appointment of sealers and deputies in cities and large towns; powers and duties; interference with sealer; compensation; fees; certification
Status: in_force

Section 34. Subject to chapter thirty-one, the mayor of each city and the selectmen of each town of over 20,000 inhabitants shall appoint a sealer, and may appoint one or more deputies to act under the direction of the sealer. The sealer and deputies shall enforce the law pertaining to weighing and measuring devices and to the giving of false or insufficient weight or measure, and any person who hinders, obstructs or in any way interferes with a sealer or deputy in the performance of duty shall be punished by a fine of not more than five hundred dollars for the first offense and a fine of not more than one thousand dollars for each subsequent offense. Sealers and deputies appointed hereunder shall receive a salary to be determined by the board, officer or body authorized to determine salaries in their respective cities and towns, and shall also receive an additional allowance for transportation and other necessary expenses. They shall account for and pay into their city or town treasuries monthly all fees received and shall make an annual report to the appointing board or officer, and to the director as provided by section thirty-seven. The sealer and all deputies shall be certified by the committee within one year after assuming their powers and duties. Failure to become certified within one year shall be cause for termination; provided, however, that sealers, inspectors or deputy sealers or deputy inspectors, employed by the division or a municipality upon the effective date of this paragraph, shall become certified within two years. Sealers, inspectors or deputy sealers or deputy inspectors who pass a civil service exam for a position as a sealer, inspector or deputy sealer or deputy inspector of weights and measures, shall be exempt from certification requirements. Notwithstanding any certification exemption, all sealers, inspectors and deputy sealers and deputy inspectors shall participate in continuing education programs. The committee shall establish a training and education fee to be paid by the municipality which employs such sealer, inspector, deputy sealer and deputy inspector sufficient to offset the cost of providing such training and education.

Section 34. Subject to chapter thirty-one, the mayor of each city and the selectmen of each town of over 20,000 inhabitants shall appoint a sealer, and may appoint one or more deputies to act under the direction of the sealer. The sealer and deputies shall enforce the law pertaining to weighing and measuring devices and to the giving of false or insufficient weight or measure, and any person who hinders, obstructs or in any way interferes with a sealer or deputy in the performance of duty shall be punished by a fine of not more than five hundred dollars for the first offense and a fine of not more than one thousand dollars for each subsequent offense. Sealers and deputies appointed hereunder shall receive a salary to be determined by the board, officer or body authorized to determine salaries in their respective cities and towns, and shall also receive an additional allowance for transportation and other necessary expenses. They shall account for and pay into their city or town treasuries monthly all fees received and shall make an annual report to the appointing board or officer, and to the director as provided by section thirty-seven. The sealer and all deputies shall be certified by the committee within one year after assuming their powers and duties. Failure to become certified within one year shall be cause for termination; provided, however, that sealers, inspectors or deputy sealers or deputy inspectors, employed by the division or a municipality upon the effective date of this paragraph, shall become certified within two years. Sealers, inspectors or deputy sealers or deputy inspectors who pass a civil service exam for a position as a sealer, inspector or deputy sealer or deputy inspector of weights and measures, shall be exempt from certification requirements. Notwithstanding any certification exemption, all sealers, inspectors and deputy sealers and deputy inspectors shall participate in continuing education programs. The committee shall establish a training and education fee to be paid by the municipality which employs such sealer, inspector, deputy sealer and deputy inspector sufficient to offset the cost of providing such training and education.