reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-918 - Misleading packaging prohibited - Standard of fill

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed by the commodity in question by the commissioner.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-919 - Advertising

(a)
Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. There shall not be included as part of the declaration required under this section such qualifying terms as "when packed," "minimum," "not less than," or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, "jumbo," "giant," "full," and the like) that tends to exaggerate the amount of commodity in the package.
(b)
(1)
Weights and measures or weighing and measuring equipment shall not be advertised in any manner using the terms "certified," "state certified," "approved," "state approved," "inspected," "state inspected," or terms of similar import.
(2)
Notwithstanding subdivision (b)(1), a company that was doing business in Tennessee and using the word "certified" as part of its company name, advertising and signage prior to July 1, 1997, may continue to use the word "certified" in advertising and signage for its weights and measures and weighing and measuring equipment; provided, that the company's use of the word "certified":
(A)
Does not intentionally defraud, deceive or mislead the consumer;
(B)
Does not give the false impression that the weighing or measuring equipment has met specific criteria and has been officially approved by the weights and measures division of the department of agriculture or any other federal, state or local governmental agency or weights and measures organization; and
(C)
The company uses in conjunction with its advertising and signage a disclaimer that states in general terms that the use of the word "certified" does not signify that the weighing or measuring equipment has met specific criteria and has been officially approved by a governmental agency or weights and measures organization.
Acts 1997, ch. 311, § 1; 1999, ch. 69, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-920 - Meat, poultry, seafood

All meat, meat products, poultry, fish and seafood offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight unless otherwise designated by regulation.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-921 - Prohibited acts

(a)
Any person who, personally or by a servant or agent, or as the servant or agent of another person, performs any of the acts enumerated in this section commits a Class C misdemeanor.
(b)
No person shall:
(1)
Use or have in possession for use in commerce any incorrect weight or measure;
(2)
Sell or offer for sale for use in commerce any incorrect weight or measure;
(3)
Remove any tag, seal, or mark from any weight or measure without specific authorization from the proper authority;
(4)
Hinder or obstruct any weights and measures official in the performance of the official's duties; or
(5)
Violate any provisions of this part or regulations promulgated under it;
(6)
Impersonate the commissioner, representative, or sealer;
(7)
Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation;
(8)
Sell or offer or expose for sale, less than the quantity such person represents of any commodity, thing or service;
(9)
Take more than the quantity such person represents of any commodity, thing or service when, as buyer, such person furnishes the weight and measure by means of which the amount of the commodity, thing or service is determined;
(10)
Keep for the purpose of sale, advertise or offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law or regulation;
(11)
Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer unless the consumer receives a label or ticket printed by the device that includes a declaration of net weight, unit price, and tare weight that has been deducted to obtain the net weight.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-922 - Restraining orders and injunctions

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provisions of this part.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-923 - Warning in lieu of criminal or civil penalties

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-924 - Presumptive evidence

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-925 - Appeal of seizure or confiscation

In the event of seizure or confiscation under this part, the aggrieved party shall have the right to appeal such action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-926 - Regulations to be unaffected by repeal of prior enabling statute

The adoption of this part or any of its provisions shall not affect any regulations promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this part or modified or revoked by the commissioner.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1001 - Short title

This part may be cited as "Public Weighmaster."
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1002 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Certificate" means that document or instrument issued by a public weighmaster containing information specified in §
47-26-1012
;
(2)
"Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative;
(3)
"Department" means the Tennessee department of agriculture;
(4)
"Handbook 44" means National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(5)
"NIST" means the National Institute of Standards and Technology which is an agency of the United States department of commerce;
(6)
"Public weighing" means the weighing, measuring, or counting, upon request, of vehicles, property, produce, commodities, or articles other than those that the weigher or the weigher's employer, if any, is either buying or selling;
(7)
"Public weighmaster" means any person who performs public weighing as defined;
(8)
"State" means the state of Tennessee;
(9)
"Vehicle" means any device (except railroad freight cars) in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn; and
(10)
"Weights and measures official" means any department of agriculture employee acting on behalf of the department and/or appointed by the commissioner.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1003 - Enforcing officer - Rules and regulations

The commissioner is authorized to enforce this part and may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1004 - Qualifications for weighmaster

To receive authorization to act as a public weighmaster, a person must receive a license from the commissioner. In order to qualify for a license, a person must:
(1)
Be able to weigh or measure accurately;
(2)
Be able to prepare correct certificates;
(3)
Be a citizen of the United States;
(4)
Be at least eighteen (18) years of age; and
(5)
Possess other qualifications required by regulations promulgated under this part.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1005 - License application

Using a form provided by the commissioner, the applicant for a license as a public weighmaster shall furnish evidence that the applicant has the qualifications required by this part and regulations promulgated under this part. It shall be the responsibility of an individual to request a license application form prior to engaging in public weighing.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1006 - Evaluation of qualifications of applicants

(a)
The commissioner will determine the qualifications of the applicant based on:
(1)
The information provided on the application; and
(2)
Supplementary information as determined by the commissioner.
(b)
The commissioner may also determine the qualifications of the applicant based on the results of an examination of the applicant's knowledge. However, any public weighmaster who has been licensed for the last five (5) consecutive years immediately prior to examination and who has not been in violation of any laws, rules, or regulations pertaining to the duties or responsibilities of a public weighmaster shall be exempt from such examination.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1007 - Issuance and records of licenses

The commissioner will:
(1)
Grant licenses as public weighmasters to qualified applicants; and
(2)
Keep a record of all applications submitted and of all licenses issued.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1008 - Annual license cost

The annual cost for a public weighmaster license shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 28, eff. 7/1/2015.
Acts 1997, ch. 311, § 2; 2002, ch. 640, § 21.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1009 - Denial of license

The commissioner shall reserve the right to limit or reject the application of any public weighmaster whose qualifications and/or past work record does not comply with those requirements outlined in this part or pursuant regulations.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1010 - Expiration and renewal of licenses

(a)
The commissioner shall establish a system of license renewals at alternative intervals throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. During a transition period, or at any time thereafter, when the commissioner determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The application fee imposed for any license under the alternative interval method for a period of other than twenty-four (24) months shall be proportionate to the annual fee, except that the proportional fee shall be rounded out to the nearest quarter of a dollar ($0.25). Application fees shall be nonrefundable. While the commissioner will attempt to forward public weighmaster license renewal forms to all currently licensed individuals, it is the licensed individual's ultimate responsibility to ensure that their license remains current.
(b)
A thirty-day grace period shall be given to renew licenses. After the grace period expires, a twenty-five dollar ($25.00) late fee (not prorated per day) shall be levied on each renewal application received.
Acts 1997, ch. 311, § 2; 1998, ch. 598, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1011 - Employment of public weighmasters required

Every stockyard, slaughterhouse, tobacco warehouse or loose floor, dairy products plant, cotton gin or compress, and agricultural grain or seed buying/receiving station which buys or sells commodities on a bulk basis shall have in its employ one or more public weighmasters. All livestock, tobacco, milk, cream, cotton, and agricultural grains or seeds which are purchased, processed, or sold on a bulk weight basis at the above mentioned establishments shall be weighed only by a public weighmaster. Any individual acting on behalf of such individual or an establishment that charges a fee, commission, or any type of payment to perform public weighing, shall also be licensed under this part.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1012 - Certificate: required entries

(a)
The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown.
(b)
The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limited to, the following:
(1)
The name and license number of the public weighmaster;
(2)
The kind of commodity weighed, measured, or counted;
(3)
The name of the owner, agent, or consignee of the commodity;
(4)
The name of the recipient of the commodity, if applicable;
(5)
The date the certificate is issued;
(6)
The consecutive number of the certificate, if applicable;
(7)
The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle, if applicable;
(8)
Other information needed to distinguish or identify the commodity from a like kind;
(9)
The number of units of the commodity, if applicable;
(10)
The measure of the commodity, if applicable;
(11)
The weight of the commodity and the vehicle or container, if applicable, broken down as follows:
(A)
The gross weight of the commodity and the associated vehicle or container;
(B)
The tare weight of the unloaded vehicle or container; or
(C)
Both the gross and tare weight and the resultant net weight of the commodity; and
(12)
Signature or initials of the public weighmaster who determined the weight, measure or count.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1013 - Certificate: execution, requirements

(a)
When completing a certificate, a public weighmaster shall:
(1)
Enter the measurement values to clearly show that the measurements were actually determined;
(2)
Enter only the measurement values personally determined; and
(3)
Not enter measurement values determined by other persons.
(b)
If the certificate provides for entries of gross, tare, or net, the public weighmaster shall:
(1)
Strike out or otherwise cancel the printed entries for the values not determined; or
(2)
Enter the scale and date on which the values were determined on the certificate if the values were not determined on the same scale or on the same date shown on the certificate.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1014 - Oath - Compensation - Seal

(a)
Each public weighmaster shall, before entering upon such weighmaster's duties, make oath to execute faithfully such weighmaster's duties and file the same with the commissioner.
(b)
The issuance of a public weighmaster license shall not obligate the state to pay to the licensee any compensation for the licensee's services as a public weighmaster.
(c)
Each public weighmaster may, at such weighmaster's own expense, provide such weighmaster with an impression seal. Such weighmaster's name and the word "Tennessee" shall be inscribed around the outer margin of the seal and the words "Licensed Weighmaster" or "Public Weighmaster" shall appear in the center thereof. The seal may be impressed upon each weight certificate issued by a public weighmaster.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1015 - Measurement practices and equipment used

A public weighmaster shall use measurement practices and equipment:
(1)
In accordance with the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(2)
Examined, tested, and approved for use by a weights and measures official of this state; and
(3)
Suitable for the weighing of the amount and kind of material to be weighed.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1016 - Scale used-Capacity, platform size, one-draft weighing

(a)
A public weighmaster shall not weigh a vehicle, or combination of vehicles, when part of the vehicle or connected combination, is not resting fully, completely, and as one (1) entire unit on the scale.
(b)
When weighing a combination of vehicles that will not rest fully, completely, and as one (1) complete unit on the scale platform:
(1)
The combination shall be disconnected and weighed in single drafts; and
(2)
The weights of the single drafts may be combined in order to issue a single certificate for the combination; provided, that the certificate indicates that the total represents a combination of single draft weighings.
Acts 1997 , ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1017 - Scales open to view

It is the duty of each public weighmaster to permit any interested party to read the indications on the weighing device or on an accurately projected image of the weight indicator when a commodity is weighed. In the event the public weighmaster fails or refuses to permit an interested party to observe the weighing of a commodity at such time, the interested party shall have the right to have the commodity immediately reweighed without any additional charges.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1018 - Copies of certificates

A public weighmaster shall keep and preserve for a period of at least one (1) year a legible copy of each certificate issued by such weighmaster. The certificates shall be available for inspection by any weights and measures official of this state during normal office hours.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1019 - Reciprocal acceptance of certificates

The commissioner is authorized to recognize and accept certificates issued by licensed public weighmasters of other states or federal agencies that recognize and accept certificates issued by public weighmasters of this state.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1020 - Optional licensing

The following persons shall be authorized, but are not required, to obtain licenses as public weighmasters:
(1)
A law enforcement or weights and measures official, or other qualified employee of a state, city, or county agency or institution when acting within the scope of such person's official duties. The commissioner shall be authorized, but is not required, to waive the registration fee for these individuals;
(2)
A person weighing property, produce, commodities, or article:
(A)
That such person or such person's employer is either buying or selling; or
(B)
In conformity with the requirements of federal statutes or the statutes of this state relative to warehousemen or processors.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1021 - Prohibited acts

It is a prohibited act for any person:
(1)
Without a valid license to:
(A)
Assume the title of public weighmaster, or any title of similar import;
(B)
Perform the duties or acts to be performed by a public weighmaster;
(C)
Represent oneself to be a public weighmaster;
(D)
Issue any certificate, ticket, memorandum, or statement for which a fee is charged; or
(E)
Engage in the full-time or part-time business of measuring for hire.
(2)
To use or operate any device for certification purposes that does not meet, nor in a manner not in accordance with, the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(3)
To falsify a certificate or to falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;
(4)
To refuse without cause to weigh or measure any article or thing which it is the person's duty to weigh or measure, or refuse to state in any certificate anything required to be therein;
(5)
To hinder or obstruct in any way the commissioner or the commissioner's authorized agent in the performance of the commissioner's official duties under this part;
(6)
To violate any provision of this part or any regulation promulgated under this part;
(7)
To delegate such person's authority to any person not licensed as a public weighmaster;
(8)
To request a false certificate or to request a public weighmaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly;
(9)
To issue a certificate simulating the certificate in this part; or
(10)
To use or have in such person's possession a device which has been altered to facilitate fraud.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1022 - Suspension and revocation of license

The commissioner is authorized to suspend or revoke the license of any public weighmaster:
(1)
When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part or of any regulation under this part; provided, that:
(A)
Upon such hearing the person cited may be heard in person or with counsel, or both, may present evidence, and may cross-examine witnesses;
(B)
A full and complete record of such hearing shall be recorded and any party to the proceedings, upon request, shall be supplied with a transcript of such proceedings at the usual cost; and
(C)
The commissioner is hereby authorized, at the commissioner's discretion, to appoint and designate a hearing officer who shall preside at the hearing in the place or in the absence of the commissioner. The hearing officer has the power and authority to conduct the same, to administer oaths, and make findings of fact, conclusions of law, and the proposed order based thereon. If the commissioner concurs, the commissioner shall issue the order, or may, upon review of the record, make such findings, conclusions and issue such order as in the commissioner's discretion the record justifies;
(2)
When the licensee has been convicted in any court of competent jurisdiction of violating any provision of this part or of any regulation under this part; or
(3)
When the licensee is convicted of any felony.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1023 - Revocation proceedings

If the commissioner suspends or revokes a public weighmaster license, the revokee may appeal the decision through the appropriate court of law in Davidson County.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1024 - Criminal penalties

Any person who personally or through such person's servant or agent, or as the servant or agent of another person, commits any prohibited acts enumerated in this part or pursuant regulations or violates any other provision of this part commits a Class C misdemeanor.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1025 - Restraining order and injunction

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this part.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1026 - Warning in lieu of criminal or civil penalties

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 10 - PUBLIC WEIGHMASTER (§§ 47-26-1001 — 47-26-1027) › Section 47-26-1027 - Publication of lists of licensed public weighmasters

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of licensed public weighmasters.
Acts 1997, ch. 311, § 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1101 - Short title

This part may be cited as "Serviceperson Registration."
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commercial and law enforcement weighing and measuring device" is construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for service rendered on the basis of weight, measure, or count. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device. It also includes weighing and measuring equipment in official use for the enforcement of laws or for the collection of statistical information by governmental agencies;
(2)
"Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative;
(3)
"Department" means the Tennessee department of agriculture;
(4)
"Handbook 44" means National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(5)
"NIST" means the National Institute of Standards and Technology which is an agency of the United States department of commerce;
(6)
"Registered service agency" shall be construed to mean any agency, firm, company, or corporation employing more than two (2) registered servicepersons that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that registers itself as such with the commissioner. Under agency registration, identification of individual servicepersons shall be required; and
(7)
"Registered serviceperson" shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who applies for registration with the commissioner.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1103 - Minimum equipment

Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the "Notes" section of each applicable code in the most recent edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices." When applicable, this equipment must meet the specifications of National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flasks," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards" or other applicable handbooks, manuals, and technical papers published or referenced by NIST.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1104 - Registration

(a)
An individual or agency qualified by training or experience must apply for registration to service weighing or measuring devices only on an application form supplied by the commissioner. It shall be the individual's or agency's responsibility to request the application form prior to servicing weighing and measuring devices. No person or firm shall engage in this state in the business of installing, servicing, repairing, or reconditioning a commercial weighing or measuring device, without first having registered to do so in accordance with this part. A local, state, or federal government weights and measures regulatory employee shall not be eligible for registration. The form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered; has in possession or available for use, and shall use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, regulations and has a copy of the most recent edition of National Institute of Standards and Technology Handbook 44 or document that replaces it. The commissioner may also determine the qualifications of the applicant based on the results of an examination of the applicant's knowledge. An applicant also shall submit appropriate evidence or references as to qualifications. However, any individual or agency applying for registration to service weighing or measuring devices that has been licensed for the last five (5) consecutive years immediately prior to examination and has not been in violation of any laws, rules, or regulations pertaining to the duties or responsibilities of a registered serviceperson or registered service agency shall be exempt from such examination. The commissioner is authorized to reject or limit any application.
(b)
Those individuals or agencies that provide such service to commercial weighing and measuring devices that do not affect the accuracy of measurement of the device, accuracy of charges or fees derived by the use of the device, or the metrological integrity of the device, need not be, but may choose to become, registered with this department. Examples of those services include, but are not limited to, replacement of hoses or nozzles on petroleum dispensers, repairs of leaks around couplings, fittings, etc.
Acts 1997, ch. 311, § 3; 1998, ch. 598, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1105 - Certificate of registration

(a)
The commissioner will review and check the qualifications of each applicant. The commissioner shall issue to the applicant a certificate of registration, including an assigned registration number if it is determined that the applicant is qualified. The certificate of registration will expire twenty-four (24) months from the date of issuance.
(b)
The commissioner has the authority to designate specific classifications of registration of servicepersons and service agencies in accordance with the type, capacity, etc. of commercial weighing and measuring devices which are to be installed, serviced, repaired, or reconditioned in this state.
(c)
For the benefit of the users, manufacturers, and distributors of commercial weighing and measuring devices, it shall be the policy of the commissioner to accept registration of:
(1)
An individual; and
(2)
An agency providing acceptable evidence that such individual or agency is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount.
(d)
The commissioner shall check the qualifications of each applicant to ensure that each applicant has available sufficient standards and equipment.
(e)
It shall also be the policy of the department to issue to qualified applicants, whose applications for registration are approved, a "Certificate of Registration." This gives authority to remove rejection seals and tags placed on commercial and law enforcement weighing and measuring devices by authorized weights and measures officials, to place in service repaired devices that were rejected, to place in service devices that have been newly installed, and to provide service on commercial weighing and measuring devices.
(f)
The commissioner is NOT guaranteeing the work or fair dealing of a registered serviceperson or service agency. The commissioner may, however, remove from the registration list any registered serviceperson or service agency that performs unsatisfactory work or takes unfair advantage of a device owner.
(g)
Registration with the commissioner shall be mandatory. The commissioner shall reserve the right to limit or reject the application of any serviceperson or service agency and to revoke such serviceperson's or agency's permit.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1106 - Privileges and responsibilities of a registrant

A bearer of a Certificate of Registration has the authority to remove an official rejection tag or seal placed on a weighing or measuring device by the authority of the commissioner; place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; place in service, until such time as an official examination can be made, a new or used weighing or measuring device and to provide service work on commercial weighing and measuring devices. The registered serviceperson or service agency is responsible for installing, repairing, and adjusting devices such that the devices are adjusted as closely as practicable to zero error and comply with all applicable sections of Handbook 44.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1107 - Placed in service reports, equipment rejection/violation notices, reporting of service work

(a)
The commissioner shall furnish each registered serviceperson and registered service agency with a sample report form to be known as "Placed In Service Report." Such form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by the registered serviceperson who installed the device. This form shall be completed accurately and in its entirety immediately after a new or used device is placed in service, with the original of the properly executed placed in service report to be forwarded to the state weights and measures office within twenty-four (24) hours. The duplicate copy of the report shall be given to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered serviceperson or agency. This is the only acceptable form for reporting the installation of new or used weighing and measuring devices.
(b)
It is the responsibility of any registered or unregistered person or agency that sells or conveys a weighing or measuring device to an individual or establishment in this state, that will be used for commercial purposes, to complete and forward a placed in service report to the state weights and measures office as outlined in subsection (a). The placed in service report shall be completed and forwarded to the state weights and measures office regardless of whether the device is installed and/or calibrated on site by Handbook 44 procedures or factory calibrated and transported to its location for use without any additional installation or calibration procedures.
(c)
A registered serviceperson shall complete accurately and in its entirety, the official notice of equipment rejection/violation, or similar form, left at an establishment where a weighing or measuring device has been rejected or found in violation by a state weights and measures official. This form must be returned to the state weights and measures office within twenty-four (24) hours, together with any official rejection tag(s) removed from the device(s) after the device(s) has been brought into compliance.
(d)
The commissioner, as the commissioner deems appropriate, may require the reporting or notification by a registered serviceperson or agency of any routine or non-routine service work performed on commercial weighing or measuring devices. Such reporting or notification shall be in a format and on a timeframe as designated by the commissioner.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1108 - Examination and calibration or certification of standards and testing equipment

A registered serviceperson and a registered service agency shall submit, at least biennially (every two (2) years) to the commissioner, for examination and certification, any standards and testing equipment that is used, or to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. A registered serviceperson or agency shall not use in servicing commercial weighing or measuring devices any standards or testing equipment that has not been certified by the commissioner. Standards calibrated by another state weights and measures laboratory that can show current traceability to the National Institute of Standards and Technology will also be recognized as standards suitable for use by registered servicepersons or service agencies in this state. Copies of laboratory certificates from another state weights and measures lab must be submitted along with serviceperson license application forms when applying for registration in this state.
Acts 1997, ch. 311, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 11 - SERVICEPERSON REGISTRATION (§§ 47-26-1101 — 47-26-1118) › Section 47-26-1109 - Rejection, removal from use, seizure of equipment

The commissioner is authorized to reject, remove from use, or seize weighing or measuring devices installed, serviced, repaired, or reconditioned by any licensed or unlicensed individual or agency for good cause which shall include, but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment; failure to adjust commercial or law enforcement devices to comply with Handbook 44 subsequent to service, repair, or installation; failure to accurately and completely submit required forms to the state weights and measures office in the manner prescribed.
Acts 1997, ch. 311, § 3.