CHAPTER 101

AN ACT TO AMEND CHAPTER 51, TITLE 6, DELAWARE CODE, RELATING TO WEIGHTS AND MEASURES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Section 5136, Title 6, Delaware Code, by repealing it in its entirety and enacting a new Section 5136 as follows:

§ 5136. Licensed Weighmasters; Appointment; Tenture: License Fee; Seal; Charges; Records

(a) The director shall appoint as a licensed weighmaster in and for each county, any person who possesses the qualifications hereinafter provided and shall make application for the appointment, assigning to each licensee an official number. Any person may be appointed a weighmaster who is a person of good character, capable of and experienced in the operation of a stationary scale, and who has been a resident of this State, or has been employed in this State, for not less than six months prior to his appointment. Licenses shall be issued to individuals only and not to firms or corporations, but any firm or corporation may have as many members or employees licensed as it desires.

(b) The term of appointment of each weighmaster shall be until December 31 of that year, but any weighmaster may have his license revoked by the director by whom he was appointed or his successor, for misconduct in office, dishonesty, in competency, violation of a provision of this subchapter, or if he ceases to possess the qualifications specified for his original appointment.

(c) For each appointment or reappointment made, the State Board of Agriculture shall receive from the licensee a fee of $5.00. All fees so received shall be promptly transferred to the State Treasurer and paid into the General Fund of the State.

(d) Each weighmaster shall provide himself at his own expense, with a seal or stamp containing on the outer margin,

his name, the name of the county in which he is licensed, followed by the word "Delaware", and also containing the word "Weighmaster" and his official number.

(e) No weighmaster shall delegate his authority to another person.

(f) No weighmaster shall receive any salary or other compensation from the State for the performance of his duties.

(g) A licensed weighmaster shall keep a permanent record of all vehicles weighed by him other than the vehicles owned and operated by the owner of the scale, showing the date, the name and address of the seller, the State registration number of the vehicle, and the tare and gross weight of the delivery, such records to be available at all times during business hours for the inspection of the director in the county wherein the scale is located.

(h) All solid fuels, live poultry, grain, livestock and commodities requiring a certificate of weight by the purchaser shall be weighed by a duly licensed weighmaster.

() The license shall be displayed in a conspicuous place where the weighmaster is engaged in weighing.

Approved July 16, 1963.