Local Sealers: A Local Option

Training for: Legal Notes

We weren’t aware of it until recently, but the Legislature has reinstated the position of local sealer of weights and measures – as a local option (see PL 2017, c. 172, eff. Nov. 1, 2017). Until 2013, when the prior law was repealed, the position of local sealer was actually mandatory (see former 10 M.R.S.A. §§ 2451-2455). We’re pretty sure, though, that this state mandate was not common knowledge locally and was thus widely ignored.

Under the new local sealer law (see 10 M.R.S.A. §§ 2461-2462), the municipal officers (selectmen or councilors) may, at their option, appoint a local sealer of weights and measures and a deputy if necessary. This discretion rests exclusively with the municipal officers and is dependent only on sufficient local funds being available for compensation and related expenses, such as testing equipment. The choice of a local sealer must be communicated by the municipal clerk to the State sealer within 10 days. The State sealer has final approval authority over the selection.

A local sealer need not be a resident of that municipality but must be (1) a resident of Maine, (2) at least 18 years of age, and (3) a U.S. citizen – the same as required for any other municipal office (see 30-A M.R.S.A. § 2526(3)). Also, before assuming the duties, a local sealer must complete certification by the National Conference of Weights and Measures. A local sealer may serve as sealer for several municipalities.

Local sealers have many of the powers and duties of the state sealer but remain under the jurisdiction of the State sealer. Local sealers must make a detailed annual report of their doings for the preceding 12 months by July 1.

For municipalities that do not choose to appoint a local sealer, the State sealer retains sole authority to enforce State weights and measures laws in those municipalities. The State sealer may, however, appoint others, at State expense, to carry out the State sealer’s responsibilities.

By our reckoning only a handful of municipalities in Maine have employed local sealers in recent years. The new law reinstating local sealers – as a local option – was likely enacted so that these municipalities can lawfully continue the practice if they wish, despite the fact that this is now widely viewed as a State responsibility. (By R.P.F.) 

We weren’t aware of it until recently, but the Legislature has reinstated the position of local sealer of weights and measures – as a local option (see PL 2017, c. 172, eff. Nov. 1, 2017). Until 2013, when the prior law was repealed, the position of local sealer was actually mandatory (see former 10 M.R.S.A. §§ 2451-2455). We’re pretty sure, though, that this state mandate was not common knowledge locally and was thus widely ignored.

Under the new local sealer law (see 10 M.R.S.A. §§ 2461-2462), the municipal officers (selectmen or councilors) may, at their option, appoint a local sealer of weights and measures and a deputy if necessary. This discretion rests exclusively with the municipal officers and is dependent only on sufficient local funds being available for compensation and related expenses, such as testing equipment. The choice of a local sealer must be communicated by the municipal clerk to the State sealer within 10 days. The State sealer has final approval authority over the selection.

A local sealer need not be a resident of that municipality but must be (1) a resident of Maine, (2) at least 18 years of age, and (3) a U.S. citizen – the same as required for any other municipal office (see 30-A M.R.S.A. § 2526(3)). Also, before assuming the duties, a local sealer must complete certification by the National Conference of Weights and Measures. A local sealer may serve as sealer for several municipalities.

Local sealers have many of the powers and duties of the state sealer but remain under the jurisdiction of the State sealer. Local sealers must make a detailed annual report of their doings for the preceding 12 months by July 1.

For municipalities that do not choose to appoint a local sealer, the State sealer retains sole authority to enforce State weights and measures laws in those municipalities. The State sealer may, however, appoint others, at State expense, to carry out the State sealer’s responsibilities.

By our reckoning only a handful of municipalities in Maine have employed local sealers in recent years. The new law reinstating local sealers – as a local option – was likely enacted so that these municipalities can lawfully continue the practice if they wish, despite the fact that this is now widely viewed as a State responsibility. (By R.P.F.)