Okla. Stat. tit. 2, § 14-35
Board - Powers and Duties
Effective Jul 1, 1987Added by Laws 1976, SB 688, c. 108, § 5, emerg. eff. May 12, 1976; Amended by Laws 1987, SB 311, c. 68, § 2, emerg. eff. July 1, 1987.
The Board shall have the following powers and duties:
- 1. Maintain traceability of the state standards to the National Bureau of Standards and adopt standard weights and measures for products in conformity where feasible, with federal standards, to be used as the standard for weighing and measuring products in Oklahoma;
- 2. Enforce the provisions of this act and issue such rules and regulations necessary for the enforcement of this act. Such rules and regulations shall conform as nearly as practicable to the uniform regulations adopted by the National Conference on Weights and Measures and published in National Bureau of Standards Handbook 130, "Uniform Laws and Regulations", supplements thereto and revisions thereof;
- 3. Establish requirements for labeling, for the presentation of cost-per-unit information, for standards of weight, measure or count, for standards of fill for any packaged commodity; and may establish requirements for open dating information;
- 4. Conduct investigations to ensure compliance with this act;
- 5. Test annually the standards of weight and measure used by any city or county within the state and approve the same when found to be correct;
- 6. Inspect and test weights and measures kept, offered or exposed for sale;
7. Inspect and test to ascertain if the weights and measures commercially used are correct by:
- a. determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count, or
- b. by computing the basic charge or payment for services rendered on the basis of weight, measure or count;
- 8. Approve for use such weights and measures as it finds to be correct and shall reject and mark as rejected such weights and measures as it finds to be incorrect. Approved weights and measures may be marked as approved. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The Board shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct;
- 9. Weigh, measure or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this act or regulations promulgated pursuant thereto. In carrying out the provisions of this section, the Board shall employ recognized sampling procedures such as are designated in National Bureau of Standards Handbook 133, "Checking the Net Contents of Packaged Goods" and supplements thereto and revisions thereof;
- 10. Prescribe the appropriate term or unit of weight or measure to be used, whenever determined in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure, numerical count or combination thereof, does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion; and
- 11. Allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce.
Added by Laws 1976, SB 688, c. 108, § 5, emerg. eff. May 12, 1976; Amended by Laws 1987, SB 311, c. 68, § 2, emerg. eff. July 1, 1987.