202 CMR, § 6.01

Current through Register 1533, October 25, 2024

Section 6.01 - General Provisions

(1)General Provisions. 202 CMR 6.00 is promulgated pursuant to M.G.L. c. 98, § 29. M.G.L. c. 98, § 29 established the Consumer and Merchant Protection Act Committee and authorized it to promulgate regulations requiring every retail establishment to display information relative to how a local sealer or inspector or the division of standards may be contacted. Also, pursuant to M.G.L. c. 98, § 29, the Committee is authorized to promulgate regulations to certify all inspectors, sealers and deputies in accordance with M.G.L. c. 98, §§ 34, 35 & 36. The Committee shall issue a Certificate of Qualification to any individual upon satisfactory completion of all certification requirements. An applicant for certification must meet the qualifications and satisfactorily pass an examination as determined by the Committee. Upon receipt of a Certificate of Qualification pursuant to 202 CMR 6.00, a Weights and Measures Official shall be certified in accordance with M.G.L. c. 98, §§ 34, 35 and 36.

(2)Scope. 202 CMR 6.00 applies to all Weights and Measures Officials and applicants, and all retail establishments within the jurisdiction of the Division of Standards.

(3)Definitions. Unless otherwise stated, terms used in 202 CMR 6.00 are as defined and used in M.G.L. c. 98, § 1.

Certificate of Qualification, means a certification given by the Committee to Weights and Measures Officials pursuant to M.G.L. c. 98, § 29. A Certificate of Qualification given by the Committee is separate and distinct from a certification for additional weights and measures disciplines given by the Division of Standards, pursuant to 202 CMR 6.05.

Committee, means the Consumer and Merchant Protection Act Committee established by M.G.L. c. 98, § 29.

Disciplinary Action, includes but is not limited to: revocation, suspension, probation, censure, reprimand, restriction, denial/restriction of privileges, resignation or termination of participation.

Mall Building, means a building enclosing a number of tenants and occupancies such as retail stores, drinking and dining establishments, entertainment and amusement facilities, passenger transportation terminals, offices and other similar occupancies wherein two or more tenants have a main entrance into one or more malls.

Retail Establishment, means any store, shop, supermarket, grocer, convenience store, wholesale club, warehouse seller, outlet, food store or food department and any merchant within the jurisdiction of the Division of Standards that sells any item to individuals for their personal, family, or household use.

Sales Area, means the area of a retail establishment that is available or openly displayed to the public. Areas not available to the public, such as storage areas and management office space, shall not be included in the definition of sales area for determining square foot age pursuant to 202 CMR 6.00.

Weights and Measures Official, means a sealer, deputy sealer, inspector, or deputy inspector as defined or used in M.G.L. c. 98.

202 CMR, § 6.01