The purpose of this proposed rule is to update the National Institute of Standards and Technology (NIST) Handbook 130 (Section: Examination Procedure for Price Verification) as adopted in this rule chapter to the 2016 version.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Standards

RULE NO.:RULE TITLE:

5F-12.001Adoption of Examination Procedure for Price Verification

PURPOSE AND EFFECT: The purpose of this proposed rule is to update the National Institute of Standards and Technology (NIST) Handbook 130 (Section: Examination Procedure for Price Verification) as adopted in this rule chapter to the 2016 version.

SUMMARY: This proposed rule will update the adopted version of the National Institute of Standards and Technology (NIST) Handbook 130 (Section: Examination Procedure for Price Verification) in Rule Chapter 5F-12, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 531.41(3), 531.44(2) FS.

LAW IMPLEMENTED: 531.44 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5F-12.001 Adoption of Examination Procedure for Price Verification.

The Department of Agriculture and Consumer Services hereby adopts the “Examination Procedure for Price Verification” as published by the United States Department of Commerce, National Institute of Standards and Technology (NIST), in NIST Handbook 130, 2016 2006 Edition, as the rule for the sampling procedures and compliance standards in testing the accuracy of pricing practices employed by businesses and other entities in the state and incorporates said regulation herein by this reference. A copy of NIST Handbook 130 (Section: Examination Procedure for Price Verification), 2016 2006 Edition, may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference. Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Phone: [phone] or www.nist.gov/pml/wmd/index.cfm. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Lab #2, Tallahassee, Florida 32399-1650, Phone: [phone].

Rulemaking Authority 531.41(3), 531.44(2) FS. Law Implemented 531.44 FS. History–New 4-9-98, Amended 6-2-05, 5-23-06, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew Curran, Chief of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 1, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 3, 2016