Chapter 3 - WEIGHTS AND MEASURES¶
§ 20-571 Fees. All fees for permits issued by the department shall be paid to the department.
§ 20-572 Transfers of permits or licenses. Written approval of the commissioner shall be required for the transfer or assignment of any permit or license under his or her jurisdiction.
§ 20-573 Adjustment of controversies. The commissioner of ports and trade may adjust and settle any claims and controversies in regard to rents and other matters which appertain to leases of market lands.
§ 20-574 Rules and regulations. a. The commissioner shall have power to adopt and amend such rules and regulations as may be necessary to carry out his or her powers and duties pursuant to this chapter. b. Punishment. Any person who shall violate any such rules and regulations shall be liable to forfeit and pay a civil penalty in the sum of not more than one hundred dollars for each violation. c. Violations. Any person who shall violate any of such rules and regulations shall be guilty of an offense triable by a judge of the New York city criminal court, and punishable by a fine of not less than twenty-five dollars and not more than two hundred fifty dollars for each offense or by imprisonment not exceeding ten days, or by both.
§ 20-575 Waterfront property adjoining market lands; highways through or bounding market places. Nothing contained in this chapter shall interfere with the jurisdiction of the department of ports and trade over any waterfront property in and around any market lands, nor with the jurisdiction of the commissioner of transportation over market lands, insofar as it concerns his or her powers over highways.
§ 20-576 City sealer. The commissioner, or such officer or employee in the department as he or she may designate, shall have all of the powers and perform all of the duties of a sealer of weights and measures pursuant to section one hundred eighty of the agriculture and markets law.
§ 20-577 Inspectors of markets, weights and measures. a. The commissioner shall have power and it shall be his or her duty to appoint a chief inspector of markets, weights and measures and inspectors of markets, weights and measures. The title of inspectors of live poultry and weighmasters shall be abolished and all persons occupying those titles shall henceforth have the title of inspector of markets, weights and measures, with all the powers and duties of that title. Wherever any reference to the title or duties of inspector of live poultry or weighmaster appears in this code, the title or duties of inspector of markets, weights and measures shall be substituted therefor. b. Each inspector is hereby authorized and empowered, subject to the regulations of the department, to enforce any law, rule or regulation pertaining to the weights and dimensions of vehicles and to proceed under the provisions of article one hundred fifty of the criminal procedure law, in the same manner and with like force and effect as a police officer in respect to procuring, countersigning and serving the appearance tickets referred to therein in cases arising out of the enforcement of any such law, rule or regulation.
§ 20-578 Bureau of weights and measures. There shall be a bureau of weights and measures in the department under the supervision of the chief inspector of weights and measures.
§ 20-579 Employees not to engage in business. It shall be unlawful for the commissioner or any officer or employee of such bureau, to engage in the business of manufacturing, vending or selling any weighing or measuring device, under the penalty of fifty dollars for each offense.
§ 20-580 Return of department property. Whenever any inspector shall resign or be removed from office, he or she shall deliver at the office of the commissioner all the standard weights and measures and other official property in his or her possession.
§ 20-581 Inspecting. a. Each inspector of markets, weights and measures is hereby authorized to inspect, examine, test and seal at least once in each year, and as often as the commissioner may deem proper, all weighing and measuring devices. Upon the written request of any resident of the city, the commissioner shall test or cause to be tested, within a reasonable time after the receipt of such request, the weighing or measuring devices used in buying or selling by the person making such request. All such appliances shall be marked by the inspector with the initials of his or her name and the date on which the same shall be sealed and marked. b. Such books shall be open for inspection at all reasonable times to any police officer, inspector or person duly authorized by the commissioner, or by any judge of the criminal court of the city of New York.
§ 20-582 Reports of inspectors. Each inspector shall report promptly to the commissioner the names of all persons whose weighing and measuring devices shall be found to be incorrect. Each inspector shall file a daily report with the commissioner, and make such other and further reports and keep such further records as may be required, from time to time, by the commissioner.
§ 20-583 Certificate of inspection. Each inspector shall furnish a certificate to the owner of the weights or measures inspected, and shall keep a record of each certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall be a public record. The commissioner, when required, shall certify extracts from such records.
§ 20-584 Testing, sealing and marking. It shall be unlawful to use any weighing or measuring device unless the same shall have been tested, sealed and marked by the commissioner or an inspector of such bureau.
§ 20-585 Standard measures and containers. It shall be unlawful to manufacture, construct, sell, offer for sale, or give away, any dry or liquid measure, or any barrel, pail, basket, vessel, or container, intended to be used in the purchase or sale of any commodity or article of merchandise, unless it shall be so constructed as to conform to the standards provided by article sixteen of the agriculture and markets law. It shall be unlawful for any person to use any barrel, cask, pail, basket, vessel or container, in the purchase or sale of any commodity or article of merchandise, unless it shall conform to such standards.
§ 20-586 Sale of weights and measures. It shall be unlawful to sell, offer for sale, or give away any weighing or measuring devices or the tools, appliances or accessories connected therewith, intended to be used for the purchase or sale of any commodity or article of merchandise, or for public weighing, unless the type or types of such weighing or measuring devices, or the tools, appliances or accessories connected therewith, with specifications as to construction, shall have been submitted to and approved by the commissioner. The commissioner, when such types are approved, shall designate and identify them by a serial number. A record of the serial numbers and the persons to whom such numbers are assigned shall be kept in the office of the commissioner. The commissioner shall keep a register of the name of each person whose weighing or measuring devices have been inspected, together with their serial numbers and size, and whether approved or condemned, with the date of inspection. Such record shall be a public record.
§ 20-587 Sale by true weight or measure required. It shall be unlawful to sell or offer for sale any commodity or article of merchandise, at or for a greater weight or measure than the true weight or measure thereof; for the purposes of this section the true weight of frozen poultry, shall be the net weight thereof exclusive of any food product or substance added or combined therewith; and all such commodities and articles of merchandise shall be weighed or measured by duly tested devices, sealed and marked by the commissioner or an inspector of the bureau; provided, that vegetables may be sold by the head or bunch.
§ 20-588 Confiscation of false weights or measures. Any weight which upon being tested is found to be short a quarter of an ounce or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short in weight by a quarter of a pound or more; or any scale of a capacity of between two hundred forty and four hundred pounds, which upon being tested is found to be short two ounces or more; or any scale of a capacity greater than four hundred pounds, which upon being tested, is found to be short five ounces or more; or any scale which is in an unfit condition to be used by being worn out, badly rusted, or by any other cause; or any measure or utensil being used in the sale or purchase of any commodity or article of merchandise, which does not conform to the standards provided by article sixteen of the agriculture and markets law, may be summarily confiscated and destroyed by the commissioner or an inspector of the bureau.
§ 20-589 Alteration of tested appliances. It shall be unlawful to render inaccurate, any device, to be used in weighing or measuring any commodity or article of merchandise, after such device has been tested, sealed and marked by the commissioner or an inspector of the bureau.
§ 20-590 Repair of inaccurate appliances. Within five days after the condemnation of a weighing or measuring device, the owner thereof, at his or her own expense, shall cause the same to be conformed to the standards established by article sixteen of the agriculture and markets law, and within twenty-four hours thereof, shall cause notice, in writing, of such alteration to be mailed or served personally upon such bureau. The seal upon any such device shall remain affixed and unbroken unless removed pursuant to section one hundred eighty-three of the agriculture and markets law.
§ 20-591 Interference with inspectors. It shall be unlawful for any person to obstruct, hinder or molest the commissioner or any inspector of the bureau in the performance of his or her duties.
§ 20-592 Violations; report of. The commissioner shall report forthwith to the corporation counsel the names and places of business of all persons violating the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weighing or measuring devices.
§ 20-593 Punishment. Any person who shall violate any of the foregoing provisions for the regulation of weights and measures shall forfeit and pay a penalty of one hundred dollars for each and every such offense.
§ 20-594 Violations. Any person violating any of the provisions of sections 20-583 through 20-593 of this chapter, shall be guilty of an offense triable by a judge of the New York city criminal court, and upon conviction thereof, shall be fined the sum of not less than twenty-five dollars and not more than two hundred fifty dollars for each offense, or by imprisonment not exceeding ten days, or by both.