Ga. Comp. R. & Regs. R. 40-15-6-.01 - Special Investigative Powers

When necessary for the enforcement of the provisions of the Weights and Measures Laws of this State, or rules or regulations promulgated pursuant thereto, the Commissioner or any designated employee of the Georgia Department of Agriculture is hereby:

(a) Authorized to enter any commercial premises when open for business, except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained.

(b) Empowered to issue stop-use, hold, and removal orders with respect to any commercially-used weights and measures and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.

(c) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of the Weights and Measures Laws of State of Georgia, or rules or regulations promulgated pursuant thereto.

(d) Empowered to stop any commercial vehicle, and after presentment of his credentials, inspect the contents; require that the person in charge of said vehicle produce any documents in his possession concerning the contents of the vehicle; and require him to proceed with the vehicle to some specified place which shall not be more than 25 miles distant from the location where the vehicle was stopped for further inspections.

(e) Authorized to investigate and prosecute any person violating the provisions of the Weights and Measures Laws, or rules or regulations promulgated pursuant thereto.

Notes

Ga. Comp. R. & Regs. R. 40-15-6-.01

O.C.G.A. Sec. 10-2-5(Ga. L. 1972, p. 654).

Original Rule entitled "Meat and Meat Products" was filed and effective on June 30, 1965. Amended: Rule repealed and a new Rule entitled "Coatings" adopted. Filed November 30, 1973; effective December 20, 1973. Amended: Rule repealed and a new Rule entitled "Special Investigative Powers" adopted. Filed March 1, 1984; effective March 21, 1984.