The purpose of this rulemaking is to add a clarifying statement to the definition of “Commercial Purpose”; update adopted versions of ASTM International Standard Designation E617-18 and National Institute of Standards and ....

 

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 Regulations and Methods of Sale

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: The purpose of this rulemaking is to add a clarifying statement to the definition of “Commercial Purpose”; update adopted versions of ASTM International Standard Designation E617-18 and National Institute of Standards and Technology (NIST) Handbooks 44, 130, 133, 105-1, 105-4, and 105-8; provide for the approval of weighing and measuring devices for which National Type Evaluation Program (NTEP) evaluation is not offered; prohibit specific mobile fuel delivery systems; increase registration fees for scales and update the device application form; and revise language related to the imposition of administrative penalties.

SUBJECT AREA TO BE ADDRESSED: Adds clarifying language to the definition of commercial purpose; updates adopted versions of NIST Handbooks and an ASTM designation; allows the use of specific weighing and measuring devices for which NTEP evaluation is not offered; prohibits use of mobile fuel delivery systems that may adulterate the products they deliver; increases scale permit fees; updates FDACS-03560, Weighing and Measuring Device Permit Application; and revises language related to the imposition of administrative penalties.

RULEMAKING AUTHORITY: 366.94, 531.40, 531.41(3), (4), (16), 531.44(2), 531.66, 570.07(23) FS.

LAW IMPLEMENTED: 366.94, 531.40, 531.41, (3), (4), (7), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.48, 531.49, 531.50, (1), 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 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: Hal Prince, Chief, Bureau of Standards, 2005 Apalachee Parkway, Office #200, Tallahassee, FL 32399, [phone].

 

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