SECTION 1. Section twenty-eight of Act Numbered Fifteen hundred and nineteen, entitled "The Weights and Measures Act," is hereby amended to read as follows:
"SEC. 28. Any person who uses in the purchase or sale of anything any scale or balance, weight or measure that has not been sealed and licensed by the Bureau of Internal Revenue or its duly authorized agents, in accordance with the provisions of this Act, shall be punished by a fine of not more than two hundred pesos, or by imprisonment for not more than six months: Provided, That if such scale, balance, weight or measure so used has been officially sealed at some previous time and the seal and tag officially affixed thereto remain intact and in the same position and condition in which they were placed by the official sealer, and the instrument is found not to have been altered or rendered inaccurate but still to be sufficiently accurate to warrant its being sealed without repairs or alteration, such instrument shall, if presented for sealing promptly on demand of any authorized sealer or inspector of weights and measures, be sealed, and the owner, possessor, or user of same shall be subject to no penalty except a surcharge equal to five times the regular fee fixed by law for the sealing of an instrument of its class, this surcharge to be collected and accounted for by the same official and in the same manner as the regular fees for sealing such instruments."