1. (1) When necessary to perform duties or to implement this article 14 or the rules adopted pursuant to this article 14, the commissioner or the commissioner's authorized agent may:

   1. (a) Enter any commercial premises during normal business hours; except that, in the event such premises are not open to the public, the commissioner shall first present the commissioner's credentials and obtain consent before making entry unless a search warrant has previously been obtained;
   2. (b) Issue stop-use, hold, or removal orders with respect to any weights and measures commercially used and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale which do not meet the requirements of this article;
   3. (c) Seize, for use as evidence and without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this article or any rule or regulation promulgated pursuant thereto;
   4. (d) Stop any commercial vehicle and, after presentment of the commissioner's credentials, require that the person in charge of the vehicle produce any documents in the person's possession concerning the contents of the vehicle; inspect the contents of the vehicle at the site; and, if necessary, require the person to proceed with the vehicle to some specified place for inspection.
2. (2) The commissioner may administer oaths and take statements; issue subpoenas requiring the attendance of witnesses before the commissioner and the production of all books, memoranda, papers, and other documents, articles, or instruments; and compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation. Upon the failure or refusal of a witness to obey a subpoena, the commissioner may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court is punishable as a contempt of court.
3. (3) If the owner, or the owner's agent, of any commercial premises or vehicle refuses to admit the commissioner to inspect such premises or vehicle, the commissioner may obtain from the district or county court for the district or county in which such premises or vehicle is located a warrant to enter and inspect such premises or vehicle.

Source: L. 83: Entire article R&RE, p. 1344, § 1, effective July 1. L. 2009: (2) and (3) added, (SB 09-113), ch. 88, p. 328, § 10, effective April 2. L. 2025: IP(1), (1)(a), (1)(d), and (2) amended, (HB 25-1084), ch. 24, p. 108, § 57, effective August 6.

Editor's note: This section is similar to former § 35-14-112 as it existed prior to 1983.