Secs. 43-10 to 43-16. State licenses; town weighers.
Sec. 43-16b. Powers of commissioner. Regulations.
Sec. 43-16c. Licenses. Qualifications.
Sec. 43-16d. License application forms. Requirements.
Sec. 43-16e. Determination of qualifications.
Sec. 43-16g. Limited licenses for state officers or employees.
Sec. 43-16h. License expiration.
Sec. 43-16i. Weight certificates. Information required.
Sec. 43-16j. Gross, tare and net weights.
Sec. 43-16k. Weight determinations. Devices used.
Sec. 43-16l. Scales. Size and capacity.
Sec. 43-16m. Maintenance of records.
Sec. 43-16n. Persons permitted to obtain licenses.
Sec. 43-16o. License required.
Sec. 43-16p. Suspension or revocation of licenses.
Secs. 43-10 to 43-16. State licenses; town weighers. Sections 43-10 to 43-16, inclusive, are repealed.
(1949 Rev., S. 609–611, 6753–6756; 1955, S. 2877d; 1957, P.A. 13, S. 6; 1959, P.A. 377, S. 1; P.A. 76-223, S. 1, 2; P.A. 77-409, S. 20.)
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Sec. 43-16a. Definitions. As used in this chapter:
(1) “Commissioner” means the state Commissioner of Weights and Measures or the commissioner's designee;
(2) “Public weighmaster” means a natural person licensed under the provisions of this chapter; and
(3) “Vehicle” means any device in, upon or by which any property, produce, commodity or article is or may be transported or drawn.
(P.A. 77-409, S. 1; P.A. 24-142, S. 29.)
History: P.A. 24-142 redesignated existing Subdiv. (3) defining “commissioner” as Subdiv. (1) and redefined “commissioner” therein, redesignated existing Subdiv. (1) defining “licensed public weigher” as Subdiv. (2) and substituted “public weighmaster” for “licensed public weigher”, redesignated existing Subdiv. (2) defining “vehicle” as Subdiv. (3) and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16b. Powers of commissioner. Regulations. The commissioner is authorized to enforce the provisions of this chapter and may adopt, from time to time and in accordance with chapter 54, reasonable regulations for the enforcement of this chapter.
(P.A. 77-409, S. 2; P.A. 24-142, S. 30.)
History: P.A. 24-142 made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16c. Licenses. Qualifications. Any person who is a resident of the state of Connecticut, is eighteen years of age or older, is of good moral character and has the ability to weigh accurately and make correct weight certificates may apply to the commissioner for a public weighmaster license.
(P.A. 77-409, S. 3; P.A. 24-142, S. 31.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16d. License application forms. Requirements. An application for a public weighmaster license shall be made upon a form prescribed by the commissioner, and the applicant shall furnish evidence that the applicant has the qualifications required in section 43-16c.
(P.A. 77-409, S. 4; P.A. 24-142, S. 32.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16e. Determination of qualifications. The commissioner may adopt rules for determining the qualifications of applicants for a public weighmaster license. The commissioner may pass upon the qualifications of each applicant upon the basis of the information supplied in such applicant's application, or the commissioner may examine such applicant orally or in writing, or both, for the purpose of determining such applicant's qualifications. The commissioner shall grant a public weighmaster license to each applicant who is found to possess the qualifications required in section 43-16c. The commissioner shall keep a record of all such applications and of all licenses issued thereon.
(P.A. 77-409, S. 5; P.A. 24-142, S. 33.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16f. Fees. Before the issuance of any public weighmaster license, or any renewal thereof, the applicant shall pay to the commissioner a fee of forty dollars.
(P.A. 77-409, S. 6; P.A. 89-251, S. 186, 203; June Sp. Sess. P.A. 09-3, S. 387; P.A. 24-142, S. 34.)
History: P.A. 89-251 increased the fee from $10 to $20; June Sp. Sess. P.A. 09-3 increased fee from $20 to $40; P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16g. Limited licenses for state officers or employees. The commissioner may, upon request and without charge, issue a limited public weighmaster license to any qualified officer or employee of a state commission, board, institution or agency, authorizing such officer or employee to act as a public weighmaster only within the scope of such officer's or employee's official employment on behalf of such state commission, board, institution or agency.
(P.A. 77-409, S. 7; P.A. 24-142, S. 35.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16h. License expiration. Each public weighmaster license shall expire annually. Renewal applications shall be in such form as the commissioner shall prescribe.
(P.A. 77-409, S. 8; P.A. 94-36, S. 34, 42; P.A. 24-142, S. 36.)
History: P.A. 94-36 deleted reference to the “thirtieth day of June” license expiration date, effective January 1, 1995; P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made a conforming change, effective June 6, 2024.
See Sec. 21a-10(b) re staggered schedule for license renewals.
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Sec. 43-16i. Weight certificates. Information required. The weight certificate issued by a public weighmaster shall state the date of issuance, the kind of property, produce, commodity or article weighed, the name of the declared owner or agent of the owner or of the consignee of the material weighed, the accurate weight of the material weighed, the means by which the material was being transported at the time such material was weighed, such other available information as may be necessary to distinguish or identify the property, produce, commodity or article from others of like kind, and such other information required by the laws of this state or by regulations authorized to be issued for the enforcement of this chapter.
(P.A. 77-409, S. 9; P.A. 24-142, S. 37.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16j. Gross, tare and net weights. A public weighmaster shall not enter on a weight certificate issued by such public weighmaster any weight values other than those weight values which such public weighmaster has personally determined, and such public weighmaster shall make no entries on a weight certificate issued by some other person. A weight certificate shall be so prepared as to show clearly that weight or weights were actually determined. If the certificate form provides for the entry of gross, tare and net weights, in any case in which only the gross, the tare or the net weight is determined by the public weighmaster, such public weighmaster shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weight certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the public weighmaster shall identify on the certificate the scale used for determining each such weight and the date of each such determination.
(P.A. 77-409, S. 10; P.A. 24-142, S. 38.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher” and “weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16k. Weight determinations. Devices used. When making a weight determination as provided for by this chapter, a public weighmaster shall use a weighing device that is of a type suitable for the weighing of the amount and kind of material to be weighed and that has been tested and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing.
(P.A. 77-409, S. 11; P.A. 24-142, S. 39.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, effective June 6, 2024.
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Sec. 43-16l. Scales. Size and capacity. A public weighmaster shall not use any scale to weigh a load the value of which exceeds the nominal or rated capacity of the scale. When the gross or tare weight of any vehicle or combination of vehicles is to be determined, the weighing shall be performed upon a scale having a platform of sufficient size to accommodate such vehicle or combination of vehicles fully, completely and as one entire unit. If a combination of vehicles must be broken up into separate units in order to be weighed as prescribed in this section, each such separate weight certificate shall be issued for each such separate unit.
(P.A. 77-409, S. 12; P.A. 24-142, S. 40.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher” and made a technical change, effective June 6, 2024.
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Sec. 43-16m. Maintenance of records. A public weighmaster shall keep and preserve, for at least one year or such longer period as may be specified in the regulations authorized to be adopted for the enforcement of this chapter, a legible carbon copy of each weight certificate issued by such public weighmaster, which copies shall be open at all reasonable times for inspection by any weights and measures officer of this state.
(P.A. 77-409, S. 13; P.A. 24-142, S. 41.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16n. Persons permitted to obtain licenses. The following persons shall not be required, but shall be permitted, to obtain a public weighmaster license: (1) A weights and measures officer when acting within the scope of such officer's official duties, (2) a person weighing property, produce, commodities or articles that such person, or such person's employer, if any, is either buying or selling, and (3) a person weighing property, produce, commodities or articles in conformity with the requirements of federal statutes or the laws of this state relative to warehousemen or processors.
(P.A. 77-409, S. 14; P.A. 24-142, S. 42.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16o. License required. No person shall assume the title of public weighmaster, or any title of similar import, perform the duties or acts to be performed by a public weighmaster under this chapter, hold such person out as a public weighmaster, issue any weight certificate ticket, memorandum or statement for which a fee is charged, or engage in the full-time or part-time business of public weighing, unless such person holds a valid license as a public weighmaster. As used in this section, “public weighing” means the weighing for any person, upon request, of property, produce, commodities or articles other than those which the weigher or the weigher's employer, if any, is either buying or selling.
(P.A. 77-409, S. 15; June Sp. Sess. P.A. 98-1, S. 71, 121; P.A. 14-122, S. 178; P.A. 24-142, S. 43.)
History: June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 14-122 made a technical change; P.A. 24-142 substituted “public weighmaster” for “licensed public weigher”, and made technical and conforming changes, effective June 6, 2024.
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Sec. 43-16p. Suspension or revocation of licenses. The commissioner is authorized to suspend or revoke the license of any public weighmaster (1) when the commissioner is satisfied, after a hearing upon ten days' notice to the licensee, that such licensee has violated any provision of this chapter or of any valid regulation of the commissioner affecting public weighmasters, or (2) when a public weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this chapter or of any regulation issued under authority of this chapter.
(P.A. 77-409, S. 16; P.A. 24-142, S. 44.)
History: P.A. 24-142 substituted “public weighmaster” for “licensed public weigher” and made a technical change, effective June 6, 2024.
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Sec. 43-16q. Penalties. (a) Any person who requests a public weighmaster to weigh any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or any person who issues a weight certificate simulating the weight certificate prescribed in this chapter and who is not a public weighmaster, shall, for the first offense, be fined not less than twenty-five dollars or more than one hundred dollars and, for any subsequent offense, be guilty of a class C misdemeanor.
(b) Any public weighmaster who falsifies a weight certificate, or who delegates such public weighmaster's authority to any person not licensed as a public weighmaster, or who preseals a weight certificate with such public weighmaster's official seal before performing the act of weighing, shall be guilty of a class C misdemeanor.
(c) Any person who violates any provision of this chapter or any rule or regulation promulgated or adopted pursuant thereto for which no specific penalty has been provided shall be fined not less than twenty-five dollars or more than one thousand dollars.
(d) The Commissioner of Consumer Protection, after conducting a hearing in accordance with the provisions of chapter 54, may impose a civil penalty of not more than one thousand dollars per violation on any person who violates any provision of this chapter or any regulation adopted pursuant to this chapter. Each violation with respect to each such unit, certificate, device or scale shall be considered a separate offense.
(P.A. 77-409, S. 17–19; P.A. 78-331, S. 22–24, 58; P.A. 90-125, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 12-80, S. 185; P.A. 24-142, S. 45.)
History: P.A. 78-331 made technical grammatical correction, substituting “nor” for “or” as necessary; P.A. 90-125 added Subsec. (d) re administrative penalties; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 12-80 amended Subsec. (a) to delete “upon conviction” and change penalty for subsequent offense from a fine of not less than $100 or more than $500 or imprisonment of not less than 30 days or more than 90 days or both to a class C misdemeanor, amended Subsec. (b) to change penalty from a fine of not less than $50 or more than $500 or imprisonment of not less than 30 days or more than 90 days or both to a class C misdemeanor, and made technical changes; P.A. 24-142 amended Subsecs. (a) and (b) by substituting “public weighmaster” for “licensed public weigher”, amended Subsec. (c) by increasing maximum fine from one hundred dollars to one thousand dollars, amended Subsec. (d) by changing amount of civil penalty from not more than $1,000 for first offense and not more than $500 for subsequent offense to not more than $1,000 per violation, and made technical and conforming changes throughout, effective June 6, 2024.
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