(a) The secretary may try and prove weights, measures, balances and other measuring devices on request for any person, corporation or institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as the secretary may make, the secretary, or an authorized representative of the secretary, may seal the same with a seal that is kept for that purpose. (b) (1) Except as otherwise provided by statute, the secretary may charge for services provided by the department and other necessary and incidental expenses, or both, incurred in conjunction with the testing and proving of weights, measures or both and other devices at rates prescribed pursuant to this section. The rates charged by the secretary shall be as follows: Calibration Types and Ranges Calibration Adjustment (2) Service that is not part of a routine calibration, including, but not limited to, cleaning or repairing a standard or performing non-routine calibration procedures, shall be charged at a rate of $120 per hour. For any service provided pursuant to this subsection that is not listed in the fee schedules in subsection (b)(1), the secretary shall determine the fee to be charged. (3) For any service provided pursuant to this subsection, the secretary may charge a minimum fee of $70 per invoice. The secretary may charge for subsistence and transportation of personnel and equipment to such point and return. Such charges shall be set by rules and regulations adopted by the secretary of agriculture. (4) The secretary may fix the manner in which any charges made pursuant to this subsection are collected. (c) The secretary shall remit all moneys received under subsection (b) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the weights and measures fee fund which is hereby created. All expenditures from the weights and measures fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary. (d) Except as otherwise provided in this chapter, nothing shall prohibit the owner of a weighing or measuring device or the owner's employee or agent from servicing or repairing such device. If such device is found out of tolerance and is rejected by the secretary, the owner is responsible for repairing the device within the time specified on the rejection tag and notifying the secretary when the device is repaired and in operation. The owner shall pay a fee commensurate with the expense incurred by the secretary in performing the follow-up inspections or tests.
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