This rule development will update and condense Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., into a single rule chapter, creating Chapter 5J-22, F.A.C. The intent is to repeal Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.:RULE TITLES:

5J-22.001Definitions

5J-22.002Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices

5J-22.003Uniform Packaging and Labeling Regulation; Uniform Regulation for National Type Evaluation; Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices; Uniform Regulation for the Method of Sale of Commodities; Examination Procedure for Price Verification; and Uniform Unit Pricing Regulation

5J-22.004Net Contents of Packaged Goods

5J-22.005Metrology Lab Fees

5J-22.006Weighing and Measuring Device Permits

5J-22.007Guidelines for Imposing Administrative Penalties

PURPOSE AND EFFECT: This rule development will update and condense Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., into a single rule chapter, creating Chapter 5J-22, F.A.C. The intent is to repeal Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., after the adoption of Chapter 5J-22, F.A.C. This rule development will also update the adopted versions of the National Institute of Standards and Technology (NIST) Handbooks 44, 130 and 133; clarify that weighing and measuring devices used in commerce in this state must have a certificate of conformance from the National Type Evaluation Program (NTEP) under the National Conference on Weights and Measures (NCWM); update adopted ASTM International documents; update the permitting section to reflect new devices now being used in the marketplace and to comply with 2016 legislative changes; update the penalty sections; update department form references and update optional metrology lab fees.

SUBJECT AREA TO BE ADDRESSED: The rule development includes updating and condensing Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., into a single rule chapter, creating Chapter 5J-22, F.A.C. The intent is to repeal Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., after the adoption of Chapter 5J-22, F.A.C. This rule development also includes updating the adopted versions of the National Institute of Standards and Technology (NIST) Handbooks 44, 130 and 133; clarifying that weighing and measuring devices used in commerce in this state must have a certificate of conformance from the National Type Evaluation Program (NTEP) under the National Conference on Weights and Measures (NCWM); updating adopted ASTM International documents; updating the permitting section to reflect new devices now being used in the marketplace; updating the penalty sections; updating department form references and updating optional metrology lab fees.

RULEMAKING AUTHORITY: 531.40, 531.41(3), (4), 531.44(2), 531.45, 531.66, 570.07(23) FS.

LAW IMPLEMENTED: 531.40, 531.41(3), (4), (7), (13), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.49, 531.50, 531.60-66 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard Kimsey, Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.