Delaware Code § 6-5107

Specific powers and duties of Secretary of Agriculture; regulations
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The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have
the force and effect of law. These regulations may include (1) standards of net weight, measure, or count, and reasonable standards of
fill, for any commodity in package form, (2) rules governing the technical and reporting procedures to be followed and the report and
record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official
duties, (3) exemptions from the sealing or marking requirements of § 5113 of this chapter with respect to weights and measures of such
character or size that such sealing or marking would be inappropriate, impracticable or damaging to the apparatus in question, and (4) rules
governing the voluntary registration of service people and service agencies. These regulations shall include specifications, tolerances and
other technical requirements for weights and measures of the character of those specified in § 5109 of this chapter, designed to eliminate
from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate,
(2) that are of such construction that they are faulty — that is, that are not reasonably permanent in their adjustment or will not repeat their
indications correctly — or (3) that facilitate the perpetration of fraud. The specifications, tolerances and other technical requirements for
commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Bureau of Standards
and published in the National Bureau of Standards Handbook 44 and supplements thereto, or in any publication revising or superseding
Handbook 44, shall be the specifications, tolerances and other technical requirements for commercial weighing and measuring devices
of the State, except insofar as specifically modified, amended or rejected by a regulation issued by the Secretary. For the purposes of
this chapter, apparatus shall be deemed to be "correct," when it conforms to the requirements of the National Type Evaluation Program
of the National Institute of Standards and Technology. A certificate of conformance must be issued prior to the use of such weight(s)
and measure(s) or weighing and measuring device for commercial or law-enforcement purposes, except insofar as specifically modified,
amended, or rejected by a regulation issued by the Secretary of Agriculture. Pending the issuance of a certificate of conformance, the
Department may permit such weight(s) and measure(s) or weighing and measuring device to be used provided it meets the specifications
and tolerances for that particular weight and measure or weighing device as set forth in the National Institute of Standards and Technology
Handbook 44.

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