The State Board of Agriculture shall have the following powers and duties:

1. Maintain traceability of the state standards to the National Institute of Standards and Technology and adopt standard weights and measures for products in conformity with federal standards for use as the standard for weighing and measuring products in Oklahoma;

2. Ensure that all rules conform as nearly as practicable to the uniform regulations adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations”, including all supplements and revisions thereof;

3. Establish requirements for labeling, for the presentation of cost-per-unit information, for standards of weight, measure, or count, and for standards of fill for any packaged commodity. The Board may establish requirements for open dating information;

4. Conduct investigations to ensure compliance with this article;

5. Inspect and test weights and measures kept, offered, or exposed for sale;

6. Inspect and test to ascertain if the weights and measures commercially used are correct by:

a.determining the weight, measure, or count of commodities or things sold, offered, or exposed for sale on the basis of weight, measure, or count, or

b.by computing the basic charge or payment for services rendered on the basis of weight, measure, or count;

7. Approve for use weights and measures found to be correct and reject and mark as rejected weights and measures found to be incorrect. Approved weights and measures may be marked as approved. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The Board shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct;

8. Weigh, measure, or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery, to determine whether they contain the amounts represented and are in accordance with this article and rules of the Board. The Board shall use recognized sampling procedures adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods” and supplements and revisions;

9. If a method of declaring the quantity of a specific commodity by weight, measure, numerical count, or combination does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion, an appropriate term or unit of weight or measure may be prescribed;

10. Allow reasonable variations from the stated quantity of contents, including but not limited to those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce;

11. Set standards for inspection by rule for circumstances not addressed by the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations” and the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods”;

12. Promulgate rules for the enforcement of the National Institute of Standards and Technology Handbook Number 130, “Uniform Laws and Regulations,” the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods, and the act; and

13. Enforce the provisions of Sections 14-31 through 14-43 of this title and rules promulgated thereto.

Added by Laws 1976, c. 108, § 5, emerg. eff. May 12, 1976. Amended by Laws 1987, c. 68, § 2, eff. July 1, 1987; Laws 2000, c. 243, § 58, emerg. eff. May 24, 2000. Renumbered from § 5-61e of this title by Laws 2000, c. 243, § 126, emerg. eff. May 24, 2000. Amended by Laws 2009, c. 8, § 1, eff. July 1, 2009.