(a) If the department has reason to believe that a weighing or measuring device is being used for a commercial transaction and the device is not registered with the department, the department may inspect the device and the records of the owner, operator, or user of the device that relate to use of the device to determine whether the device is in compliance with this chapter.
(b) The department has reason to believe a weighing or measuring device is being used for a commercial transaction if:
(1) the weighing or measuring device is found in close proximity to commodities being sold or offered for sale by weight or measure and the device appears to be under the control or in the possession of the person selling the commodities or offering the commodities for sale; or
(2) other available evidence is sufficient for a prudent person to believe that the weighing or measuring device is being used for a commercial transaction.