The Chief of Weights and Measures may administer the provisions of this title under the supervision of the Secretary.

The Secretary shall: Have custody of the State primary standards of weights and measures and of the other standards and equipment provided for by this subtitle; Keep accurate records of the standards and equipment; Supervise the weights and measures offered for sale, sold, or used in the State; and Submit a report of all the activities of his office during the previous fiscal year to the Governor and Legislative Policy Committee by September 30.

To enforce this title the Secretary may adopt regulations relating to: Standards of net weight, measure, or count, reasonable standards of fill, and labeling requirements, for any commodity in package form; Exemptions from the sealing or marking requirements of § 11–207 of this subtitle with respect to weights and measures whose character or size makes sealing or marking inappropriate, not feasible, or damaging to the weight and measure; Registration of servicemen and service agencies engaged in the maintenance and repair of weighing and measuring devices; The types of commodities and objects to be weighed by licensed weighmasters; and The types of weighing devices requiring operation by a licensed weighmaster, the licensing of weighmasters and applicants’ licensing fees, the maintenance of weight records, and inspection of weight records by the Secretary. The Secretary shall adopt regulations, specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in § 11–204 of this subtitle designed to eliminate from use, without prejudice to any weight and measure that conforms as closely as feasible to the official standards, those that: Are not accurate; Are constructed so that they are not reasonably permanent in their adjustment or do not repeat their indications correctly; or Facilitate the perpetration of fraud. Except as provided in paragraph (2) of this subsection, the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, specified in § 11–204 of this subtitle, shall be those adopted by the National Conference on Weights and Measures and included in the National Institute of Standards and Technology Handbook 44, as amended. These specifications, tolerances, and other technical requirements shall remain in effect unless modified or rescinded by a regulation adopted by the Secretary. Nothing in the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices adopted by the National Conference on Weights and Measures and included in the National Institute of Standards and Technology Handbook 44 prevents a person from using a commercial vehicle scale to measure minimum loads of less than 1,000 pounds on the vehicle. For the purposes of this title, a weight and measure is correct when it conforms to all applicable requirements promulgated as specified in this section. A nonconforming weight and measure is incorrect.

Upon the request of any competent State authority, the Secretary may inspect and test any weight and measure. Unless otherwise provided, the Secretary may inspect and test to ascertain if they are correct, every weight and measure possessed, offered, or exposed for sale. The Secretary shall inspect and test every weight and measure commercially used in determining: The weight, measurement, or count of any commodity sold, or offered or exposed for sale, on the basis of weight, measure, or count; Any charge or payment for services rendered on the basis of weight, measure, or count; and Weight, measurement, or count when a charge is made for the determination. The Secretary may test with representative samples any single-service device or mass-produced device. The lot of which any sample is representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. For the purposes of this section, a single-service device is a device designed to be used commercially only once and then discarded; and a mass-produced device is a device produced by means of a mold or die and not susceptible of individual adjustment. The Secretary shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when performing weights and measures inspections at gasoline retailing operations.

The Secretary may establish a program to test any weight and measure to determine if it conforms to the requirements of the National Conference on Weights and Measures. The Secretary may: Issue a certificate of approval to any person for a weight and measure that meets the requirements of this section; Deny or revoke a certificate of approval if the Secretary determines that: A person has provided false or misleading information to the Secretary about any weight and measure; or The weight and measure does not conform to the requirements of this section; and Charge the appropriate fee established under subsection (e) of this section in order to cover the cost of inspecting or testing any weight and measure as provided by this section. There is a Weight and Measure Testing Fund within the Maryland Department of Agriculture. The Fund is a special fund established for the purpose of paying the expenses incurred in testing and approving any weight and measure as provided under this section. Unspent portions of the Fund shall revert to the General Fund of the State. Unless issued a certificate of approval from the Secretary, a person may not represent any weight and measure as approved under this section. The Secretary shall establish by regulation fees for services performed under this section to provide type evaluation and other testing, and for the use of laboratory equipment, special prototype test equipment, and vehicles. In establishing fees under this section, the Secretary shall only charge a fee to cover the cost of providing the technical service or evaluation by those industries requesting the service.

Except as provided in subsection (b) of this section, unless registered with the Secretary under § 11-204.3 or § 11-204.4 of this subtitle, a weight and measure may not be used or possessed for current use for: Buying or selling any commodity or object; Hire or award; Computing any charge or payment for services rendered on the basis of weight and measurement; or Determining any weight and measure for a charge. This section does not apply to counting scales.

An applicant for a registration shall: Submit to the Secretary an application on the form that the Secretary provides; and Pay to the Secretary the appropriate registration fee established in § 11-204.7 of this subtitle.

Unless a registration for a weight and measure is renewed for a 1–year term, the license expires 1 year from the effective date of the registration. At least 1 month before a registration for a weight and measure expires, the Secretary shall send each person with a known registration, by electronic means or first–class mail to the last known electronic or mailing address of the person, a registration renewal form and a renewal notice that states: The date on which the current registration expires; That the renewal application and fee must be received by the Secretary on or before the registration expiration date; and The amount of the renewal fee. Before a registration for a weight and measure expires, the registration may be renewed for an additional 1–year term, if the applicant: Is the owner or possessor of a weight and measure; Pays the applicable fee as provided in § 11–204.7 of this subtitle; and Submits to the Secretary a renewal application on a form that the Secretary provides. A person who has a registration for a weight and measure has a grace period of 60 days after the registration expires in which to renew the registration retroactively, if the person: Otherwise is entitled to renew the registration; Submits to the Secretary a renewal application on the form required by the Secretary; and Pays to the Secretary the renewal fee and late fee set by the Secretary. The owner or possessor of a weight and measure shall display the registration conspicuously at each place of business where the weight and measure is located. If the weight and measure is sold, transferred, or moved to a new location, the owner or possessor of a weight and measure shall notify the Secretary.

Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if: The weight and measure does not meet the requirements of this title; or An owner or possessor uses the weight and measure in violation of this title or in violation of any regulation adopted by the Secretary under this title.

There is a “Weights and Measures Fund”. All fees collected under §§ 11–204.3, 11–204.4, and 11–204.7 of this subtitle shall be credited to the Fund. The Fund shall be used to defray the expenses of administering this title. The Fund shall be used for the purposes stated in this title. At the end of a fiscal year, any unspent or unencumbered balance in the Fund may not revert to the General Fund of the State, but shall remain in the Weights and Measures Fund.

The Secretary may set reasonable fees for registering each weight and measure used for commercial purposes under this subtitle.

The Secretary shall test the standards of weights and measures and other appropriate equipment possessed and used by any serviceman and any service agency engaged in the maintenance and repair of weighing and measuring devices. He shall charge reasonable testing fees.

The Secretary may investigate any complaint of any violation of this title. Upon his own initiative, the Secretary also may conduct any investigation he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determinations and on possible violations of the provisions of this title, and to promote accuracy in the determination and representation of quantity in commercial transactions. The Secretary shall weigh or measure and inspect any package or amount of a commodity possessed, offered, or exposed for sale, sold, or being delivered, to determine whether it contains the amount represented and whether it is possessed, offered, or exposed for sale, sold, or is being delivered in accordance with this title. In carrying out the provisions of this section, the Secretary may employ recognized sampling procedures to determine the compliance of a given lot of packages on the basis of the result obtained on a sample selected from and representative of the lot. For the purpose of this title, proof of the existence of a weight and measure in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall be presumptive evidence of regular use of the weight and measure for commercial purposes and of use by the person in charge of the building, enclosure, stand, or vehicle.

The Secretary shall approve for use and seal or mark with the appropriate device any weight and measure that he finds to be “correct” as defined in § 11-203(d) but sealing or marking of weights and measures exempted under § 11-203 is not required. The Secretary shall reject and mark or tag as “condemned for repair”, in a manner to preclude further use, any weight and measure he finds to be “incorrect” as defined in § 11-203(d), but which he determines can be repaired satisfactorily. He shall condemn and may seize and destroy weights and measures found to be incorrect which he determines cannot be repaired satisfactorily. The owners or users of weights and measures condemned for repair shall have them made correct within a reasonable period specified by the Secretary, or may dispose of them in a manner specifically authorized by the Secretary. Weights and measures which have been condemned for repair may not be used commercially until reexamined by the Secretary and found to be correct, until the Secretary issues written permission for use, or until the weight or measure is adjusted, repaired, and determined to be “correct” by some person authorized by rule or regulation of the Secretary. Any weights and measures condemned for repair may be confiscated by the Secretary if not corrected as required by this section or if used or disposed of contrary to the requirements of this section. Owners and users of weights and measures used commercially, as indicated in § 11-204(b), shall take adequate precautions, consistent with degree of use and environment, to insure that they are “correct” as defined in § 11-203(d).

Unless it is approved by the Secretary, a person may not offer to sell or sell any commercial weight and measure in this State. When approving any commercial weight and measure, the Secretary shall adopt by regulation those specifications, tolerances, and other technical requirements for commercial weights and measures adopted by the National Conference on Weights and Measures and specified in the National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3, as amended. These specifications, tolerances, and other technical requirements shall remain in effect unless modified or rescinded by the Secretary. The Secretary may deny or revoke any approval if the Secretary determines that: A person has provided false or misleading information to the Secretary about any weight and measure; or The weight and measure does not conform to the requirements of this section. This section does not apply to: Any commercial weight and measure manufactured before October 1, 1992; Any counting scale; The sale of any weight or measure that has previously been approved by the Secretary; or Any noncommercial weight and measure sold in the State.

A weight and measure, unless inspected and approved by the Secretary, may not be used or possessed for current use for: Buying or selling any commodity or object; Hire or award; Computing any charge or payment for services rendered on the basis of weight and measurement; or Determining any weight and measure for a charge. A person is not liable for a violation of subsection (a) of this section, if: The person gives written notice to the Secretary stating that the weight and measure is correct and is available for examination; and Specific written permission to use the weight and measure is received from the Secretary. A person may not impersonate in any way the Secretary or use the Secretary’s seal or a counterfeit of it in any manner. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. A person, on the person’s own behalf, or by a servant or agent, or as the servant or agent of another person, may not: Use, sell, offer or expose for sale or hire, or possess for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure; Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation; Remove from any weight and measure, contrary to law or regulation, any tag, seal, or mark placed by the Secretary; Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, object, or service; Take more than the quantity the person represents of any commodity, object, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, object, or service is determined; Keep for sale, or advertise, offer or expose for sale, or sell any commodity, object, or service in a condition or manner contrary to this article or regulation issued under it; Use in retail trade, except in the preparation of medical prescriptions or packages put up in advance of sale, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operations observed from some position which reasonably may be assumed by a customer; Violate any provision of this title or of any regulation adopted under this title; Manipulate or in any manner render a weight or measure to a state calculated to deceive or defraud anyone; or Misrepresent a weight, measurement, or count affecting any purchase, sale, award, or amounts paid or charged for a service.

Instead of pursuing criminal charges provided in this article, the Secretary may impose on any person who violates this title a civil penalty of: For a first violation, not more than $500; For a second violation, not more than $1,000; or For a third or subsequent violation, not more than $2,000. Penalties collected by the Secretary under this section shall be paid into the General Fund of the State. The Secretary shall adopt regulations necessary to carry out the provisions of this section.

If the Secretary finds that any package or amount of any commodity is possessed, offered, or exposed for sale in violation of law, the Secretary may order them off-sale and may mark or tag them to show they are illegal. Whenever the Secretary finds that any violation of this subtitle or any rule or regulation adopted under it has occurred, he may issue a stop-use order, stop-removal order, and removal order with respect to weights and measures being, or capable of being, commercially used. He may issue stop-removal orders and removal orders with respect to any package or amount of any commodity possessed, offered, or exposed for sale, sold, or being delivered if he deems it necessary for the protection of the public. No person may sell, use, remove, otherwise dispose of, or fail to remove from the premises specified, any weight, measure, or package or an amount of any commodity contrary to the terms of any order issued under this section. This section does not limit the right of the Secretary to proceed as authorized by other sections of this title.

To enforce this title, the Secretary has special police powers, may arrest any violator of this title, and seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of any commodity found to be used, retailed, offered or exposed for sale, or sold in violation of law. To perform his official duties, the Secretary may enter into or upon any commercial structure or premise, without a formal warrant and stop any person and require him to proceed, with or without any vehicle of which he may be in charge, to a place the Secretary may specify.

The Secretary may seek an injunction to restrain a person from using any weight and measure, weighing or measuring, packaging, labeling, or otherwise operating in violation of this title or the rules and regulations adopted under it and to prevent any further and continuing violation of this title or any rule or regulation.