Authority: Title 3.2, Chapters 43, 47, 56, 57, and 58; Title 61.1, Chapter 7; and Title 59.1, Chapter 12 Code of Virginia.

A. In lieu of periodic inspections by the commissioner, any person whose weights and measures devices, as defined in § 3.2-5600, et seq., Code of Virginia, which are used for a commercial purpose may select to provide for the inspection and testing of all such weights and measures to determine the accuracy and correct operation of the equipment or device.  The owner shall have all such weights and measures devices tested at least annually by a service agency that is registered pursuant to § 3.2-5702, Code of Virginia.  Weights and measures that have been rejected by a service agency shall not be used again commercially until they have been officially reexamined by the rejecting authority or an inspector employed by the commissioner, and found to be in compliance with Chapter 56, Title 3.2, Code of Virginia.  The owner of such weights and measures devices, or third-party agencies on behalf of the owner, shall report to the Commissioner of th Department of Agriculture and Consumer Services on an annual basis in a manner prescribed by the Commissioner the results of all testing, including (i) the number of inspections completed, (ii) the number of failures in the weights and measures equipment or devices, and (iii) the actions taken to correct any inaccuracies in the equipment or devices.

B. In addition to any fees authorized in § 3.2-5600, et seq., Code of Virginia, the commissioner shall establish a per device inspection fee not to exceed $8.00 per device.

C. Out of the appropriation for this Item, $1,000,000 the first year and $1,000,000 the second year from nongeneral funds generated by the per device fee, shall be used to supplement general fund support and provide additional resources for the weights and measures program.