§ 4-9-7. Enforcement powers of department.

(1) For the purpose of enforcing this chapter, the department may:

(a) enter any commercial premises open to the public during normal working hours after the presentation of credentials;

(b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or measures commercially used or a "stop sale, use, or removal order" with respect to any packaged commodity or bulk commodity offered for sale;

(c) seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter;

(d)

(i) seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or

(ii) upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and

(e) stop any commercial vehicle and after presenting credentials:

(i) inspect its contents;

(ii) require the person in charge of the vehicle to produce any documents in his possession concerning the contents; or

(iii) require the person to proceed with the vehicle to some specified place for inspection.

(2) If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release.

(3) No bond shall be required of the department in any injunctive proceeding brought under this section.

Amended by Chapter 157, 1990 General Session