The purpose of this rule is to amend Rule 5F-7.005, F.A.C., to adopt the most recent national standards for the methods of sales of commodities developed by the National Conference on Weights and Measures and published in the 2006 edition of ...

Division of Standards

RULE NO.: RULE TITLE:

5F-7.005 Adoption of Uniform Methods of Sale Regulation

PURPOSE AND EFFECT: The purpose of this rule is to amend Rule 5F-7.005, F.A.C., to adopt the most recent national standards for the methods of sales of commodities developed by the National Conference on Weights and Measures and published in the 2006 edition of National Institute of Standards and Technology Handbook 130.  Adoption of the current national standards will make Florida’s requirements uniform with the national requirements and facilitate interstate commerce and trade.  Some rewording has also been done to promote editorial uniformity among the Bureau rules in Chapters 5F-3, 5, 7, and 12, F.A.C.  This does not cause any change in the content.

SUMMARY: Adopts the current national model methods of sale of commodities being sold by weight, measure or count, as published in National Institute of Standards and Technology Handbook 130 to provide for interstate commerce, facilitate value comparison and provide adequate quantity information for consumers and purchasers.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

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

SPECIFIC AUTHORITY: 531.41 (3) FS.

LAWS IMPLEMENTED: 531.41 (4), 531.45 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME:  10:00 a.m. Monday, April 17, 2006

PLACE: Bureau of Weights and Measures, Doyle Conner Laboratory Complex, 3125 Conner Boulevard, Bldg. #2, Room 206, Tallahassee, Florida 32399-1650

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Max Gray, Bureau Chief, Bureau of Weights and Measures, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399-1650, phone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5F-7.005 Adoption of Uniform Methods of Sale Regulation.

The Florida Department of Agriculture and Consumer Services hereby adopts the Uniform Regulation for the Method of Sale of Commodities, as published by the United States Department of Commerce, National Institute of Standards and Technology (NIST), in NIST Handbook 130, 2006 2005 Edition, as the Rule for the method of sale for commodities, and incorporates said uniform regulation herein by this reference.  A copy of NIST Handbook 130, 2006 2005  Edition, may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Phone: [phone] or http://ts.nist.gov/ts/htdocs/230/235/pubs.htm.

Specific Authority 531.41(3), (4) FS., 531.45 FS. Law Implemented 531.41(3), (4) FS., 531.45 FS. History–New 1-8-90, Amended 6-14-95, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Max Gray, Chief, Bureau of Weights and Measures

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Paul Driggers, Director, Division of Standards

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006