(a) Except as provided further: (1) The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state. (2) The following standards and requirements shall apply to commercial devices used for weighing, measuring or both: (A) "The standards of the national conference on weights and measures" published in the national institute of standards and technology handbook 44, entitled specifications, tolerances, and other technical requirements for weighing and measuring devices, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary, except that a mechanical vehicle scale used solely to sell aggregate products shall be allowed a minimum tolerance of +/- 100 pounds. Such scale shall not be sold or moved to another location for use in commercial applications unless it complies with all applicable tolerances of the national institute of standards and technology handbook 44, entitled specifications, tolerances, and other technical requirements for weighing and measuring devices, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary; (B) "the uniform laws and regulations of the national conference on weights and measures" published in the national institute of standards and technology handbook 130 regarding packaging and labeling, the method of sale of commodities, national type evaluation regulation, motor fuel inspection and motor fuel regulation, as published in December 1994, or later versions as established in rules and regulations adopted by the secretary; (C) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, as published in September 1988, or later versions as established in rules and regulations adopted by the secretary; (D) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, supplement 4, as published in October 1994, or later versions as established in rules and regulations adopted by the secretary; and (E) any other handbooks or sections thereof as adopted by the secretary by rules and regulations. (b) Whenever there exists an inconsistency between the provisions of this chapter and any of the handbooks adopted by reference, the requirements of this chapter shall control.
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