Rule 5F-5.001, F.A.C. – To adopt the most current version (2010) of National Institute of Standards and Technology Handbook 44. Rule 5F-5.002, F.A.C. – To adjust the annual permit cost for a weighing device with a capacity of greater than 100 lb up ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards

Rule No.: RULE TITLE
5F-5.001: Adoption of Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices
5F-5.002: Weighing or Measuring Device Permits; Requirements and Fees
PURPOSE AND EFFECT: Rule 5F-5.001, F.A.C. – To adopt the most current version (2010) of National Institute of Standards and Technology Handbook 44. Rule 5F-5.002, F.A.C. – To adjust the annual permit cost for a weighing device with a capacity of greater than 100 lb up to and including 250 lb from $75 to $40 each to more accurately reflect the cost of regulating those devices.
SUMMARY: Rule 5F-5.001, F.A.C. – Updates rule to adopt the most recent version (2010) of National Institute of Standards and Technology Handbook 44; Rule 5F-5.002, F.A.C. – Adjusts the annual permit cost for a weighing device with a capacity of greater than 100 lb up to and including 250 lb from $75 to $40 each to more accurately reflect the cost of regulating those devices.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency.
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.
SPECIFIC AUTHORITY: 570.07(23), 531.40, 531.41(3), 531.66 FS.
LAW IMPLEMENTED: 531.40, 531.42(1), (2), 531.50, 531.60-.66 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Max Gray, Chief, Bureau of Weights and Measures, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5F-5.001 Adoption of Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

(1) The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices adopted by the National Conference on Weights and Measures and contained in National Institute of Standards and Technology (NIST) Handbook 44, 2010 2007 Edition, are hereby adopted as rules for the requirements for commercial weighing and measuring devices of the Department of Agriculture and Consumer Services. A copy of NIST Handbook 44, 2010 2007 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/WeightsAndMeasures/pubs.cfm http://ts.nist.gov/ts/htdocs/230/235/pubs.htm.

(2) No change.

Rulemaking Specific Authority 531.40, 531.41(3) FS. Law Implemented 531.40 FS. History–New 1-1-73, Amended 7-1-74, 4-18-75, 1-25-76, 1-17-77, 3-29-78, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-5.01, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 6-21-94, 8-16-95, 10-8-96, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05, 5-23-06, 9-2-07,_________.

 

5F-5.002 Weighing or Measuring Device Permits; Requirements and Fees.

(1) through (2) No change.

(3) Commercial Use Permits (Permits). Each permit shall be conspicuously displayed at the location for which it is issued. Permits shall be issued by the Department following receipt and approval of a completed Weighing and Measuring Device Permit Application, DACS-03560, (Rev. 8/10 06/09), herein adopted and incorporated by reference, identifying the specific type of weighing and measuring devices for which the permit is sought. A copy of the Weighing and Measuring Device Permit Application can be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Weights and Measures, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or from the Department’s web site at http://www.doacs.state.fl.us/onestop/index.html. The applicant shall provide the requested business information, the name and signature of the applicant or applicant’s agent, shall complete the Permit Fee Worksheet (page two of application) providing the total number of each specific device type at the permit location, and shall pay a total fee based on the amounts specified in paragraph 5F-5.002(6)(e) or (f), F.A.C.

(4) through (5) No change.

(6)(a) through (d) No change.

(e) The following commercial use permit fees for weighing and measuring devices are based on the manufacturers’ rated capacity or the device’s design and use:

1. For weighing devices used during any portion of the period covered by the commercial use permit with a manufacturer’s rated capacity of up to and including 100 pounds or the metric equivalent, the fees in Table 1 will apply:

 

Number of Devices per Single Retail Establishment	Fee per Single Retail Establishment
1 to 5	$40
6 to 10	$125
11 to 30	$175
31 and Over	$225

 

2. For weighing devices with a manufacturer’s rated capacity of greater than 100 pounds up to and including 250 5,000 pounds or the metric equivalents, the annual permit fee shall be $40 75 per device.

3. For weighing devices with a manufacturer’s rated capacity of greater than 250 pounds up to and including 5,000 pounds or the metric equivalents, the annual permit fee shall be $75 per device.

4.3. For weighing devices with a manufacturer’s rated capacity of greater than 5,000 pounds up to and including 20,000 pounds or the metric equivalents, the annual permit fee shall be $150 per device.

5.4. For weighing devices with a manufacturer’s rated capacity of greater than 20,000 pounds or the metric equivalent, the annual permit fee shall be $200 per device.

6.5. For wheel load weighing devices the annual permit fee shall be $15 per device.

7.6. For static and in-motion railroad track scales used to weigh railway cars that are not tested for accuracy and compliance with state standards by a private testing agency, the annual permit fee shall be $200 per device.

8.7. For belt conveyor scales, the annual permit fee shall be $400 per device.

9.8. For weighing devices used only for law enforcement purposes by a government agency, the annual permit fee shall be $0.

(f) through (g) No change.

(7) through (11) No change.

Rulemaking Authority 570.07(23), 531.66 FS. Law Implemented 531.60-.66, 531.42(1), 531.42(2), 531.50 FS. History–New 10-14-09, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Isadore Rommes, Director, Division of Standards [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010