Definitions, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices, Uniform Regulations and Methods of Sale, Net Contents of Packaged Goods, Metrology Lab Fees, Weighing and Measuring Device Permits, ...
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.: RULE TITLE:
5J-22.001: Definitions
5J-22.002: Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices
5J-22.003: Uniform Regulations and Methods of Sale
5J-22.004: Net Contents of Packaged Goods
5J-22.005: Metrology Lab Fees
5J-22.006: Weighing and Measuring Device Permits
5J-22.007: Guidelines for Imposing Administrative Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 61, March 29, 2017 issue of the Florida Administrative Register.
5J-22.001 Definitions
No change.
Rulemaking Authority 531.41(3) FS. Law Implemented 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History–New .
5J-22.002 Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices.
No change.
Rulemaking Authority 366.94, 531.40, 531.41(3) FS. Law Implemented 366.94, 531.40, 531.42 FS. History–New_____ .
5J-22.003 Uniform Regulations and Methods of Sale.
(1) through (3) No change.
(4) All service persons and service agencies servicing weighing or measuring devices used for commercial purposes that choose to operate under the provisions of s. 531.41(16), F.S., must register with the department using FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, hereby adopted and incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference .
(a) through (d) No change.
(e) Reporting of weighing and measuring devices restored to or placed in service as required by this rule shall be made on FDACS-03017, Placed in Service Report, Rev. 05/17 02/17, within 24 hours after a device is restored to service or placed in service, but not more than 10 days prior to the device being restored to service or placed in service. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference .
(5) through (8) No change.
Rulemaking Authority 531.40, 531.41(3),(4), (16), 531.44(2), 531.45 FS. Law Implemented 531.40, 531.41(3), (4), (7), (16), 531.42, 531.44, 531.45, 531.47, 531.49 FS. History – New .
5J-22.004 Net Contents of Packaged Goods.
No change.
Rulemaking Authority 531.41(3) FS. Law Implemented 531.41, 531.42, 531.44, 531.45, 531.47, 531.48, 531.49 FS. History–New .
5J-22.005 Metrology Lab Fees.
No change.
Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New .
5J-22.006 Weighing and Measuring Device Permits.
(1) through (3) No change.
(4) Fees.
(a) through (d) No change.
(e) The failure of an owner to notify the department of a change as prescribed in (b) and (c) above shall immediately void the permit and require full application and fees, including any applicable late fees as prescribed in subsection (7) and will result in the imposition of penalties pursuant to Rule 5J-22.007, F.A.C.
(f) through (g) No change.
(5) through (6) No change.
(7) Late Fees. The department shall not issue a commercial use permit until all applicable fees, including late fees, have been received by the department. The department shall not waive late fees. A late fee of $100 per location must be paid in addition to the commercial use permit fee required by subsection (4) if:
(a) tThe commercial use permit application and renewal fee are not received by the department in accordance with Section 531.62, F.S.;
(b) A commercial use permit application and fee for a non-replacement device put into service at a permitted location is not received by the department within thirty days after the device has been placed into service; or
(c) Notification of ownership or location changes as outlined in paragraphs (4)(b) and (4)(c) of this rule are not provided to the department.
Rulemaking Authority 570.07(23), 531.66 FS. Law Implemented 531.42, 531.50, 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History-New__________.
5J-22.007 Guidelines for Imposing Administrative Penalties.
(1) through (3) No change.
(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of the statutes or department rules that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation is not subject to a penalty. In an instance where the violation is not listed in this rule, it will be penalized in accordance with paragraph(8)(b) of this rule. the penalty will be determined by consideration of:
(a) The closest analogous violation, if any, that is listed in this rule; and
(b) The mitigating or aggravating factors listed in this rule.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 531, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.
(a) Aggravating Factors shall include:
1. through 12. No change.
13. Any other relevant, case-related circumstances.
(b) No change.
(6) through (9) No change.
Rulemaking Authority 531.41(3) FS. Law Implemented 531.42, 531.50(1), 531.65 FS. History–New .
