D.C. Mun. Regs. tit. 16, r. 16-3303

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 16-3303 - DCRA OFFICE OF INVESTIGATION - WEIGHTS AND MEASURES INFRACTIONS

3303.1

Violation of any of the following provisions shall be a Class 1 infraction:

(a) Chapter 118, Section 32 a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code§ 37-201.33) (operating a weighing or measuring device without payment of the registration and inspection fee);

(b) Chapter 118, Section 3, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.03(a)) (use of any weighing device that has not been inspected and approved);

(c) Chapter 118, Section 4, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.04) (use of any weighing device that has been altered without inspection and approval or after altering any tag or label attached thereto without the permission of the Director);

(d) Chapter 118, Section 5, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.05) (obstruction of inspection);

(e) Chapter 118, Section 20 of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.20) (use of a pump or similar device which does not measure correctly);

(f) Chapter 118, Section 22, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1224; D.C. Official Code § 37-201.22) (refusing inspection);

(g) Chapter 118, Section 18 a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved March 3, 1921 (41 Stat. 1223; D.C. Official Code § 37-201.18a-1) (sale of nonconforming automotive fuel or use of nonconforming service dispensing system, storage tank or other dispensing device).

3303.222 DCMR 1910.2(d) Failure of a pharmacy to maintain a prescription balance shall be a Class 2 infraction.

3303.3

Violation of any of the following provisions shall be a Class 3 infraction:

(a) Chapter 118, Section 7, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.07) (selling commodities short measured);

(b) Chapter 118, Section 8, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.08) (selling commodities short weight);

(c) Chapter 118, Section 9, of An. Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.09) (failure to maintain vending machine);

(d) Chapter 118, Section 10, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.10) (giving improper sales ticket);

(e) Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.119(c)) (non-compliance with request for delivery ticket, product weight or vehicle weight for the sale of coal, charcoal or coke);

(f) Chapter 118, Section 11, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1219; D.C. Official Code § 37-201.11(f)) (failure to display name and address on coal, charcoal or coke delivery vehicle);

(g) Chapter 118, Section 12, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.12) (failure to sell ice by weight or failure to maintain scale on delivery vehicle);

(h) Chapter 118, Section 13, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1220; D.C. Official Code § 37-201.13) (failure to maintain proper printings and markings);

(i) Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(a)) (selling frozen or fluid dairy products improperly measured or labeled);

(j) Chapter 118, Section 14, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.14(b)) (improperly labeled milk varieties);

(k) Chapter 118, Section 15, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1221; D.C. Official Code § 37-201.15) (selling fruits, vegetables or dry commodities in either non-standard containers, incorrect weight or incorrect count);

(l) Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16) (use of prohibited containers for dry measure);

(m) Chapter 118, Section 16, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.16(a)) (failure to provide quantity markings on food package);

(n) Chapter 118, Section 17, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.17) (not selling fire wood in proper measurements);

(o) Chapter 118, Section 18, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.18) (using non-standard liquid measurements);

(p) Chapter 118, Section 19, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.19) (selling oysters short measured or selling fish, meat, butter or cheese by means other than avoirdupois weight);

(q) Chapter 118, Section 21, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1224; D.C. Official Code § 37-201.21) (failure to sell by prorate quantity); or

(r) Violation of any provision of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (Chapter 118, 41 Stat. 1217, D.C. Official Code § 37-201.01 et seq.), or rule issued pursuant to that Act which provision or rule is not cited elsewhere in this section, shall be a class 3 infraction.

D.C. Mun. Regs. tit. 16, r. 16-3303

Final Rulemaking published at 52 DCR 4908 (May 27, 2005); Amended by Final Rulemaking published at 62 DCR 3023 (3/13/2015); amended by Final Rulemaking published at 63 DCR 4071 (3/18/2016)