Section 16-3303. DCRA OFFICE OF INVESTIGATION - WEIGHTS AND MEASURES INFRACTIONS

 

3303.1 Violation of any of the following provisions shall be a Class 1 infraction:

 

(a) Chapter 118, Section 32a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 37-201.33) (operating a weighing or measuring device without payment of the registration and inspection fee);

 

(b)Chapter 118, Section 3, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.03(a)) (use of any weighing device that has not been inspected and approved);

 

(c) Chapter 118, Section 4, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March  3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.04) (use of any weighing device that has been altered without inspection and approval or after altering any tag or label attached thereto without the permission of the Director);

 

(d)Chapter 118, Section 5, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March  3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.05) (obstruction of inspection);

 

(e)Chapter 118, Section 20 of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March  3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.20) (use of a pump or similar device which does not measure correctly);

 

(f) Chapter 118, Section 22, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March  3, 1921 (41 Stat. 1224; D.C. Official Code § 37-201.22) (refusing inspection);

 

(g) Chapter 118, Section 18a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March  3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.18a-1) (sale of nonconforming automotive fuel or use of nonconforming service dispensing system, storage tank or other dispensing device).

 

3303.222 DCMR § 1910.2(d), Failure of a pharmacy to maintain a prescription balance, shall be a Class 2 infraction.

 

3303.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)Chapter 118, Section 7, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.07) (selling commodities short measured);

 

(b)Chapter 118, Section 8, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.08) (selling commodities short weight);

 

(c)Chapter 118, Section 9, of An. Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.09) (failure to maintain vending machine);

 

(d)Chapter 118, Section 10, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.10) (giving improper sales ticket);

 

(e)Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.119(c)) (non-compliance with request for delivery ticket, product weight or vehicle weight for the sale of coal, charcoal or coke);

 

(f)Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.11(f)) (failure to display name and address on coal, charcoal or coke delivery vehicle);

 

(g)Chapter 118, Section 12, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.12) (failure to sell ice by weight or failure to maintain scale on delivery vehicle);

 

(h)Chapter 118, Section 13, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.13) (failure to maintain proper printings and markings);

 

(i)Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(a)) (selling frozen or fluid dairy products improperly measured or labeled);

 

(j)Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(b)) (improperly labeled milk varieties);

 

(k)Chapter 118, Section 15, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.15) (selling fruits, vegetables or dry commodities in either non-standard containers, incorrect weight or incorrect count);

 

(l)Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16) (use of prohibited containers for dry measure);

 

(m)Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16(a)) (failure to provide quantity markings on food package);

 

(n)Chapter 118, Section 17, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.17) (not selling fire wood in proper measurements);

 

(o)Chapter 118, Section 18, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.18) (using non-standard liquid measurements);

 

(p)Chapter 118, Section 19, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.19) (selling oysters short measured or selling fish, meat, butter or cheese by means other than avoirdupois weight);

 

(q)Chapter 118, Section 21, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1224; D.C. Official Code § 37-201.21) (failure to sell by prorate quantity); or

 

(r)Violation of any provision of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (Chapter 118, 41 Stat. 1217; D.C. Official Code §§ 37-201.01 et seq.), or rule issued pursuant to that Act which provision or rule is not cited elsewhere in this section, shall be a class 3 infraction.

 

 

authority

Section 18a of An Act to establish standard weights and measures for the District of Columbia, to define the duties of the Superintendent of Weights, Measures, and Markets of the District of Columbia, and for other purposes, approved September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 37-201.18a (2014 Supp.)), and Reorganization Plan No. 1 of 1983, effective March 31, 1983

source

Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Final Rulemaking published at 62 DCR 3023 (March 13, 2015); as amended by Final Rulemaking published at 63 DCR 4071 (March 18, 2016).