SB485_R1

REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 14, 33, 41)

(Reprinted with amendments adopted on April 21, 2003)

FIRST REPRINT S.B. 485

Senate Bill No. 485–Committee on Natural Resources

(On Behalf of the Department of Agriculture)

March 24, 2003

____________

Referred to Committee on Natural Resources

SUMMARY—Makes various changes to provisions governing weights and measures. (BDR 51‑565)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: Yes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to measurement standards; making various changes to provisions governing weights and measures; authorizing the State Sealer of Weights and Measures to adopt measurement standards by regulation; creating a Division of Measurement Standards within the State Department of Agriculture and prescribing its duties; providing the State Sealer of Weights and Measures with certain police powers; providing for the licensure of public weighmasters; providing for the establishment of certain fees; authorizing the State Sealer of Weights and Measures to establish civil penalties for certain violations; prohibiting certain acts; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 581 of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 27, inclusive, of this

1-3 act.

1-4 Sec. 2. “Bulk sale” means the sale of commodities when the

1-5 quantity is determined at the time of sale.

2-1 Sec. 3. “Commercial weighing and measuring equipment”

2-2 means weights and measures, and weighing and measuring

2-3 devices, used commercially in:

2-4 1. Establishing the size, quantity, extent, area or

2-5 measurement of quantities, things, produce or articles for

2-6 distribution or consumption, purchase, offer or submission for

2-7 sale, hire or award; or

2-8 2. Computing any basic charge or payment for services

2-9 rendered on the basis of weight or measure.

2-10 Sec. 4. “Director” means the Director of the State

2-11 Department of Agriculture.

2-12 Sec. 5. “Division” means the Division of Measurement

2-13 Standards of the State Department of Agriculture.

2-14 Sec. 6. “Net mass” or “net weight” means the mass or weight

2-15 of a commodity, excluding any materials, substances or items not

2-16 considered to be part of the commodity. The terms do not include

2-17 materials, substances or any other items not considered to be a

2-18 part of the commodity, including, without limitation, containers,

2-19 conveyances, bags, wrappers, packaging materials, labels,

2-20 individual piece coverings, decorative accompaniments and

2-21 coupons, except that, depending on the service to be rendered,

2-22 shipping and packaging material may be included in the weight of

2-23 the package.

2-24 Sec. 7. “Primary standards” means the physical standards of

2-25 the State of Nevada that serve as the legal reference from which

2-26 all other standards for weights and measures are derived.

2-27 Sec. 8. “Random weight package” means a package that is

2-28 one package of a lot, shipment or delivery of packages of the same

2-29 commodity with no fixed pattern of weights.

2-30 Sec. 9. “Secondary standards” means the physical standards

2-31 that are traceable to the primary standards through comparisons

2-32 or by using acceptable laboratory procedures, and that are used in

2-33 the enforcement of statutes and regulations relating to weights

2-34 and measures.

2-35 Sec. 10. “Standard package” means a package that is one of

2-36 a lot, shipment or delivery of packages of the same commodity

2-37 with declarations of identical net contents, including, without

2-38 limitation, 1-liter bottles or 12-fluid-ounce cans of carbonated

2-39 soda, 500-gram or 5-pound bags of sugar, or 100-meter or

2-40 300-foot packages of rope.

2-41 Sec. 11. “Weight” means:

2-42 1. Net weight; or

2-43 2. If the commodity is sold by drained weight, net drained

2-44 wet.

3-1 Sec. 12. “Weights and measures” means all weights and

3-2 measures of every kind, and includes, without limitation,

3-3 instruments and devices for weighing and measuring, and

3-4 appliances and accessories associated with such instruments and

3-5 devices.

3-6 Sec. 13. The Division shall:

3-7 1. Ensure that weights and measures used in commercial

3-8 services within this state are suitable for their intended use, are

3-9 properly installed and accurate, and are so maintained by their

3-10 owner or user.

3-11 2. Prevent unfair or deceptive dealing by weight or measure

3-12 in any commodity or service advertised, packaged, sold or

3-13 purchased within this state.

3-14 3. Make available to all users of physical standards, or of

3-15 weighing and measuring equipment, the precision calibration and

3-16 related metrological certification capabilities of the facilities of the

3-17 Division.

3-18 4. Promote uniformity, to the extent practicable and

3-19 desirable, between the requirements relating to weights and

3-20 measures of this state and similar requirements of other states

3-21 and federal agencies.

3-22 5. Adopt regulations establishing such requirements relating

3-23 to weights and measures as are necessary to ensure equity between

3-24 buyers and sellers, and thereby encourage desirable economic

3-25 growth while protecting consumers.

3-26 Sec. 14. The State Sealer of Weights and Measures shall:

3-27 1. Adopt regulations establishing such primary standards and

3-28 secondary standards for weights and measures for use in this state

3-29 as he determines appropriate.

3-30 2. Maintain traceability of the state standards to the national

3-31 standards of the National Institute of Standards and Technology.

3-32 3. Enforce the provisions of this chapter.

3-33 4. Adopt other reasonable regulations for the enforcement of

3-34 this chapter.

3-35 5. Establish requirements for:

3-36 (a) Labeling;

3-37 (b) The presentation of information relating to cost per unit;

3-38 (c) Standards of weight, measure or count, and reasonable

3-39 standards of fill, for any packaged commodity; and

3-40 (d) Information relating to open dating of packaged food.

3-41 6. Grant such exemptions from the provisions of this chapter

3-42 or any regulations adopted pursuant thereto as he determines

3-43 appropriate to the maintenance of good commercial practices

3-44 within this state.

4-1 7. Conduct investigations to ensure compliance with this

4-2 chapter.

4-3 8. Delegate to appropriate personnel any of the

4-4 responsibilities of the Division as needed for the proper

4-5 administration of the Division.

4-6 9. Adopt regulations establishing a schedule of civil penalties

4-7 for any violation of section 23 of this act.

4-8 10. Inspect and test commercial weights and measures that

4-9 are kept, offered or exposed for sale.

4-10 11. Inspect and test, to ascertain if they are correct, weights

4-11 and measures that are commercially used to:

4-12 (a) Determine the weight, measure or count of commodities or

4-13 things that are sold, or offered or exposed for sale, on the basis of

4-14 weight, measure or count; or

4-15 (b) Compute the basic charge or payment for services rendered

4-16 on the basis of weight, measure or count.

4-17 12. Test all weights and measures used in checking the

4-18 receipt or disbursement of supplies by entities funded by legislative

4-19 appropriations.

4-20 13. Approve for use such commercial weights and measures

4-21 as he determines are correct and appropriate. The State Sealer of

4-22 Weights and Measures may mark such commercial weights and

4-23 measures. The State Sealer of Weights and Measures shall reject

4-24 and order to be corrected, replaced or removed any commercial

4-25 weights and measures found to be incorrect. Weights and

4-26 measures that have been rejected may be seized if they are not

4-27 corrected within the time specified or if they are used or disposed

4-28 of in a manner not specifically authorized. The State Sealer of

4-29 Weights and Measures shall remove from service and may seize

4-30 weights and measures found to be incorrect that are not capable of

4-31 being made correct.

4-32 14. Weigh, measure or inspect packaged commodities that are

4-33 kept, offered or exposed for sale, sold or in the process of delivery

4-34 to determine whether the packaged commodities contain the

4-35 amounts represented and whether they are kept, offered or

4-36 exposed for sale in accordance with this chapter or the regulations

4-37 adopted pursuant thereto. In carrying out the provisions of this

4-38 subsection, the State Sealer of Weights and Measures shall employ

4-39 recognized sampling procedures, including, without limitation,

4-40 sampling procedures adopted by the National Conference on

4-41 Weights and Measures.

4-42 15. Adopt regulations prescribing the appropriate term or

4-43 unit of weight or measure to be used whenever the State Sealer of

4-44 Weights and Measures determines that an existing practice of

4-45 declaring the quantity of a commodity, or of setting charges for a

5-1 service by weight, measure, numerical count or time, or any

5-2 combination thereof, does not facilitate value comparisons by

5-3 consumers or may confuse consumers.

5-4 16. Allow reasonable variations from the stated quantity of

5-5 contents that entered intrastate commerce, which must include

5-6 those variations caused by loss or gain of moisture during the

5-7 course of good distribution practices or by unavoidable deviations

5-8 in good manufacturing practices.

5-9 17. Provide for the training of persons employed by any

5-10 governmental entity within this state, including, without limitation,

5-11 state, county and municipal personnel, who enforce the provisions

5-12 of this chapter and chapter 582 of NRS, and any regulations

5-13 adopted pursuant thereto, relating to weights and measures. The

5-14 State Sealer of Weights and Measures may establish by regulation

5-15 minimum training and performance requirements which must be

5-16 met by all such persons.

5-17 18. Verify advertised prices, price representations and point-

5-18 of-sale systems, as necessary, to determine the accuracy of prices

5-19 and computations and the correct use of the equipment, and, if

5-20 such systems utilize scanning or coding means in lieu of manual

5-21 entry, the accuracy of prices printed or recalled from a database.

5-22 In carrying out the provisions of this subsection, the State Sealer

5-23 of Weights and Measures shall:

5-24 (a) Employ recognized procedures for making such

5-25 verifications and determinations of accuracy, including, without

5-26 limitation, any appropriate procedures designated by the National

5-27 Institute of Standards and Technology;

5-28 (b) Adopt regulations and issue orders regarding standards for

5-29 the accuracy of advertised prices and automated systems for retail

5-30 price charging, or point-of-sale systems, and for the enforcement

5-31 of those standards; and

5-32 (c) Conduct investigations to ensure compliance with those

5-33 standards.

5-34 Sec. 15. 1. The State Sealer of Weights and Measures may,

5-35 if necessary for the enforcement of this chapter and any

5-36 regulations adopted pursuant thereto:

5-37 (a) Enter any commercial premises during normal business

5-38 hours, except that if the premises are not open to the public, the

5-39 State Sealer of Weights and Measures must present his credentials

5-40 and obtain consent before entering the premises, unless a search

5-41 warrant has been issued authorizing the entry.

5-42 (b) Issue stop-use, hold and removal orders for any weights

5-43 and measures commercially used, and issue stop-sale, hold and

5-44 removal orders for any packaged commodities or bulk sale

5-45 commodities that are kept, offered or exposed for sale.

6-1 (c) Seize, for use as evidence, without formal warrant, any

6-2 incorrect or unapproved weight, measure, package or commodity

6-3 found to be used, retained, offered or exposed for sale, or sold in

6-4 violation of any provision of this chapter or any regulation

6-5 adopted pursuant thereto.

6-6 (d) Stop any commercial vehicle and, after presentation of his

6-7 credentials, inspect the contents of the vehicle, require the person

6-8 in charge of the vehicle to produce any documents in his

6-9 possession concerning the contents of the vehicle, and require that

6-10 person to proceed with the vehicle to some specified place for

6-11 inspection.

6-12 2. With respect to the enforcement of this chapter, the State

6-13 Sealer of Weights and Measures is hereby vested with special

6-14 police powers and is authorized to arrest, without formal warrant,

6-15 any person who violates a provision of this chapter.

6-16 Sec. 16. A person shall not:

6-17 1. Sell or offer or expose for sale a quantity less than the

6-18 quantity represented;

6-19 2. Take more than the quantity represented when, as a buyer,

6-20 he furnishes the weight or measure by which the quantity is

6-21 determined; or

6-22 3. Represent the quantity in any manner calculated or

6-23 tending to mislead, or in any way to deceive, another person.

6-24 Sec. 17. A person shall not:

6-25 1. Misrepresent the price of any commodity or service sold, or

6-26 offered, exposed or advertised for sale, by weight, measure or

6-27 count; or

6-28 2. Misrepresent the price of such a commodity for service in

6-29 any manner calculated or tending to mislead or in any way to

6-30 deceive a person.

6-31 Sec. 18. 1. Except as otherwise provided by regulation or

6-32 order of the State Sealer of Weights and Measures or by

6-33 established trade custom and practice recognized by regulation or

6-34 order of the State Sealer of Weights and Measures:

6-35 (a) Commodities in liquid form must be sold by liquid measure

6-36 or by weight; and

6-37 (b) Commodities not in liquid form must be sold by weight, by

6-38 measure or by count.

6-39 2. The method of sale of a commodity must provide such

6-40 accurate and adequate information concerning quantity as will

6-41 enable the buyer to make price and quantity comparisons.

6-42 Sec. 19. All bulk sales in which the buyer and seller are not

6-43 both present to witness the measurement, all bulk deliveries of

6-44 heating fuel and all other bulk sales specified by regulation of the

7-1 State Sealer of Weights and Measures must be accompanied by a

7-2 delivery ticket containing:

7-3 1. The name and address of the buyer and seller;

7-4 2. The date delivered;

7-5 3. The quantity delivered and the quantity upon which the

7-6 price is based, if the quantity upon which the price is based differs

7-7 from the quantity delivered;

7-8 4. The unit price, unless otherwise agreed upon by both the

7-9 buyer and seller;

7-10 5. The identity of the commodity, in the most descriptive

7-11 terms commercially practicable, including any representation

7-12 about the quality of the commodity made in connection with the

7-13 sale; and

7-14 6. Where commodities are bought from bulk but delivered in

7-15 packages, the count of individually wrapped packages if more than

7-16 one individually wrapped package is being sold.

7-17 Sec. 20. 1. Except as otherwise provided in this chapter,

7-18 any random weight package or standard package kept, offered or

7-19 exposed for sale, must bear on the outside of the package a

7-20 definite, plain and conspicuous declaration of:

7-21 (a) The identity of the commodity in the package, unless the

7-22 commodity is a food, other than meat or poultry, that was

7-23 repackaged in a retail establishment and displayed to the

7-24 purchaser where:

7-25 (1) The interstate labeling for the repackaged food is

7-26 clearly in view or the food has a counter card, sign or other

7-27 appropriate device bearing prominently and conspicuously the

7-28 common or usual name of the food; or

7-29 (2) The common or usual name of the food is clearly

7-30 revealed by its appearance;

7-31 (b) The quantity of contents of the package, in terms of weight,

7-32 measure or count; and

7-33 (c) If the package is kept, offered or exposed for sale, or sold,

7-34 in any place other than on the premises where packed, the name

7-35 and place of business of the manufacturer, packer or distributor.

7-36 2. The State Sealer of Weights and Measures may exempt any

7-37 type of random weight package or standard package, or

7-38 commodity from the provisions of this section by regulation.

7-39 Sec. 21. In addition to the declarations required by section

7-40 20 of this act, each random weight package of the same

7-41 commodity must, at the time such packages are offered or exposed

7-42 for sale at retail, bear on the outside of the package a plain and

7-43 conspicuous declaration of the price per kilogram or pound and

7-44 the total selling price of the package.

8-1 Sec. 22. If a packaged commodity is advertised in any

8-2 manner with the retail price stated, a declaration of quantity as

8-3 required by this chapter or any regulation adopted pursuant

8-4 thereto must appear on the package in such a manner as to be

8-5 closely and conspicuously associated with the retail price of the

8-6 packaged commodity.

8-7 Sec. 23. 1. A person shall not:

8-8 (a) Use in commerce, or have in his possession for use in

8-9 commerce, any incorrect weight or measure;

8-10 (b) Sell or offer for sale for use in commerce any incorrect

8-11 weight or measure;

8-12 (c) Remove any tag, seal or mark from any weight or measure

8-13 without specific written authorization from the proper authority;

8-14 (d) Hinder or obstruct any inspector of the Division in the

8-15 performance of his duties; or

8-16 (e) Violate any provisions of this chapter or any regulation

8-17 adopted pursuant thereto.

8-18 2. A person who violates any provision of this section is, in

8-19 addition to any criminal penalty that may be imposed, subject to a

8-20 civil penalty in accordance with the schedule of civil penalties

8-21 established by the State Sealer of Weights and Measures pursuant

8-22 to subsection 9 of section 14 of this act.

8-23 Sec. 24. 1. A person subject to a civil penalty may request

8-24 an administrative hearing within 10 days after receipt of the notice

8-25 of the civil penalty. The Director or his designee shall conduct the

8-26 hearing after giving appropriate notice to the respondent. The

8-27 decision of the Director or his designee is subject to appropriate

8-28 judicial review.

8-29 2. If the respondent has exhausted his administrative appeals

8-30 and the civil penalty has been upheld, he shall pay the civil

8-31 penalty:

8-32 (a) If no petition for judicial review is filed pursuant to NRS

8-33 233B.130, within 40 days after the final decision of the Director;

8-34 or

8-35 (b) If a petition for judicial review is filed pursuant to NRS

8-36 233B.130 and the civil penalty is upheld, within 10 days after the

8-37 effective date of the final decision of the court.

8-38 3. If the respondent fails to pay the penalty, a civil action may

8-39 be brought by the Director in any court of competent jurisdiction

8-40 to recover the civil penalty. All civil penalties collected pursuant to

8-41 this chapter must be deposited with the State Treasurer for credit

8-42 to the State General Fund.

8-43 Sec. 25. 1. Except as otherwise provided in subsection 2, a

8-44 person who violates any provision of section 23 of this act is guilty

8-45 of a gross misdemeanor and shall be punished:

9-1 (a) For the first offense, by imprisonment in the county jail for

9-2 not more than 6 months, or by a fine of not less than $500 or more

9-3 than $2,000, or by both fine and imprisonment.

9-4 (b) For a second or subsequent offense, by imprisonment in

9-5 the county jail for not more than 1 year, or by a fine of not less

9-6 than $2,000 or more than $5,000, or by both fine and

9-7 imprisonment.

9-8 2. A person who:

9-9 (a) Intentionally violates any provision of this chapter or any

9-10 regulation adopted pursuant thereto;

9-11 (b) Is convicted pursuant to subsection 1 more than three times

9-12 in a 2-year period; or

9-13 (c) Uses or has in his possession any device which has been

9-14 altered to facilitate fraud,

9-15 is guilty of a category E felony and shall be punished as provided

9-16 in NRS 193.130.

9-17 Sec. 26. The Director may apply to any court of competent

9-18 jurisdiction for a restraining order, or a temporary or permanent

9-19 injunction, restraining a person from violating any provision of

9-20 this chapter or any regulation adopted pursuant thereto.

9-21 Sec. 27. The presence of a weight or measure, or weighing or

9-22 measuring device in or about any place in which or from which

9-23 buying or selling is commonly carried on, creates a rebuttable

9-24 presumption that the weight or measure, or weighing or

9-25 measuring device is regularly used for the business purposes of

9-26 that place.

9-27 Sec. 28. NRS 581.001 is hereby amended to read as follows:

9-28 581.001 As used in this chapter, unless the context otherwise

9-29 requires, the words and terms defined in NRS 581.003 [to] and

9-30 581.010, and sections 2 to 12, inclusive, of this act have the

9-31 meanings ascribed to them in those sections.

9-32 Sec. 29. NRS 581.003 is hereby amended to read as follows:

9-33 581.003 “Correct” means [any weight, measure, or weighing or

9-34 measuring device that is accurate within applicable tolerances as

9-35 determined by tests made with suitable standards and meets all

9-36 applicable specifications and regulations adopted by the State Sealer

9-37 of Weights and Measures.] in conformance with all applicable

9-38 requirements of this chapter and the regulations adopted pursuant

9-39 thereto.

9-40 Sec. 30. NRS 581.010 is hereby amended to read as follows:

9-41 581.010 1. “Package” [and “container” include any closed

9-42 carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn,

9-43 bottle, crate, basket, hamper, pail, can, parcel, package or paper

9-44 wrapper.] means any commodity, whether in a standard package

9-45 or random weight package:

10-1 (a) Enclosed in a container or wrapped in any manner in

10-2 advance of wholesale or retail sale; or

10-3 (b) Whose weight or measure has been determined in advance

10-4 of wholesale or retail sale.

10-5 2. The term includes an individual item or lot of any

10-6 commodity on which there is marked a selling price based on an

10-7 established price per unit of weight or measure.

10-8 Sec. 31. NRS 581.030 is hereby amended to read as follows:

10-9 581.030 The Director of the State Department of Agriculture

10-10 [is hereby designated and constituted] , as ex officio State Sealer of

10-11 Weights and Measures, [and is charged with the proper enforcement

10-12 of] shall enforce the provisions of this chapter.

10-13 Sec. 32. NRS 581.050 is hereby amended to read as follows:

10-14 581.050 1. The State Sealer of Weights and Measures may:

10-15 (a) Adopt regulations [for the efficient enforcement of]

10-16 necessary to carry out the provisions of this chapter.

10-17 (b) Ensure that those regulations comply, insofar as practicable,

10-18 with the specifications, tolerances and regulations recommended by

10-19 the National [Bureau of Standards.] Institute of Standards and

10-20 Technologies.

10-21 (c) Adopt regulations for the submission for approval of types

10-22 and designs of weights and measures and [weighing, measuring and

10-23 counting devices intended for commercial use.] commercial

10-24 weighing and measuring equipment.

10-25 2. The State Sealer of Weights and Measures shall adopt

10-26 regulations which prescribe the:

10-27 (a) Standards for weighing and measuring devices;

10-28 (b) Requirements for the issuance of a certificate of registration

10-29 pursuant to NRS 581.103; and

10-30 (c) Standards for the equipment used to repair or adjust

10-31 weighing or measuring devices.

10-32 Sec. 33. NRS 581.075 is hereby amended to read as follows:

10-33 581.075 The State Sealer of Weights and Measures may

10-34 establish:

10-35 1. A schedule of fees for any tests of weighing and measuring

10-36 devices determined by him to be necessary.

10-37 2. An annual fee for the issuance of a certificate of registration

10-38 pursuant to NRS 581.103.

10-39 3. An annual license fee for all commercial weighing and

10-40 measuring equipment.

10-41 Sec. 34. NRS 581.103 is hereby amended to read as follows:

10-42 581.103 1. Any person who wishes to make any repair or

10-43 adjustment, for hire, to a weighing or measuring device must submit

10-44 to the State Sealer of Weights and Measures:

11-1 (a) An application for a certificate of registration on a form

11-2 provided by the State Sealer of Weights and Measures;

11-3 (b) The statement required pursuant to NRS 581.1032;

11-4 (c) The annual fee prescribed by regulation pursuant to

11-5 subsection 2 of NRS 581.075; and

11-6 (d) [The equipment the person will use to repair or adjust

11-7 weighing or measuring devices. The State Sealer of Weights and

11-8 Measures shall inspect the equipment to ensure that the equipment

11-9 complies with the standards set forth in the regulations adopted

11-10 pursuant to NRS 581.050.] Such other information required by the

11-11 State Sealer of Weights and Measures.

11-12 2. An application for a certificate of registration must include

11-13 the social security number of the applicant.

11-14 [3. The State Sealer of Weights and Measures shall issue to any

11-15 person who complies with the requirements of subsection 1 a

11-16 certificate of registration. The certificate must include a unique

11-17 registration number.

11-18 4. A certificate of registration is effective for the calendar year

11-19 in which it is issued, and may be renewed upon application on or

11-20 before January 15 of the succeeding year. Any person who, for hire,

11-21 makes a repair or adjustment to a weighing or measuring device

11-22 without being registered pursuant to this section shall be punished as

11-23 provided in NRS 581.450.

11-24 5. Except as otherwise provided in NRS 581.104, any person

11-25 who sells or installs or makes any repair or adjustment to a

11-26 commercially used weighing or measuring device shall within 24

11-27 hours notify the State Sealer of Weights and Measures, on a form

11-28 provided by the State Sealer of Weights and Measures, of that

11-29 repair, adjustment, sale or installation. If a person who has been

11-30 issued a certificate of registration pursuant to subsection 3 fails to

11-31 notify the State Sealer of Weights and Measures as required by this

11-32 subsection, the State Sealer of Weights and Measures may suspend

11-33 the certificate of registration of that person for not more than 10

11-34 days and may, after a hearing, revoke his certificate of registration.

11-35 6. The form required pursuant to subsection 5 must include:

11-36 (a) The registration number and signature of the person who

11-37 sold, installed, repaired or adjusted the device; and

11-38 (b) A statement requesting that the State Sealer of Weights and

11-39 Measures inspect the weighing or measuring device and seal or

11-40 mark it if it complies with the standards set forth in the regulations

11-41 adopted pursuant to NRS 581.050.

11-42 7. Any person required to register pursuant to subsection 1 who

11-43 employs any other person to make any repair or adjustment to a

11-44 weighing or measuring device is responsible for the registration of

11-45 that employee in the manner required by subsection 1.

12-1 8. The provisions of this section do not apply to a public utility

12-2 subject to the jurisdiction of the Public Utilities Commission of

12-3 Nevada.]

12-4 Sec. 35. Chapter 582 of NRS is hereby amended by adding

12-5 thereto the provisions set forth as sections 36 to 57, inclusive, of this

12-6 act.

12-7 Sec. 36. As used in this chapter, unless the context otherwise

12-8 requires, the words and terms defined in sections 37 to 40,

12-9 inclusive, of this act have the meanings ascribed to them in those

12-10 sections.

12-11 Sec. 37. “Division” means the Division of Measurement

12-12 Standards of the State Department of Agriculture.

12-13 Sec. 38. “Public weighing” means the weighing, measuring

12-14 or counting, upon request, of vehicles, property, produce,

12-15 commodities or articles other than those that the weigher or his

12-16 employer, if any, is either buying or selling.

12-17 Sec. 39. “Public weighmaster” means any person who

12-18 performs public weighing.

12-19 Sec. 40. “Vehicle” means any device other than a railroad

12-20 freight car in, upon or by which any property, produce, commodity

12-21 or article is or may be transported or drawn.

12-22 Sec. 41. The State Sealer of Weights and Measures shall:

12-23 1. Enforce the provisions of this chapter;

12-24 2. Adopt regulations establishing a schedule of civil penalties

12-25 for any violation of this chapter;

12-26 3. Adopt reasonable regulations for the enforcement of this

12-27 chapter; and

12-28 4. Adopt regulations relating to public weighing that include,

12-29 without limitation:

12-30 (a) The qualifications of an applicant for a license as a public

12-31 weighmaster;

12-32 (b) Requirements for the renewal of a license as a public

12-33 weighmaster;

12-34 (c) The period of validity of a license as a public weighmaster;

12-35 (d) Measurement practices that must be followed, including

12-36 the measurement or recording of tare weight;

12-37 (e) The required information to be submitted with or as part of

12-38 a certificate of weights and measures; and

12-39 (f) The period for which records must be kept.

12-40 Sec. 42. Except as otherwise provided in section 52 of this

12-41 act, to act as a public weighmaster, a person must receive a license

12-42 from the State Sealer of Weights and Measures. To qualify for a

12-43 license, a person must:

12-44 1. Be able to weigh and measure accurately;

13-1 2. Be able to generate correct certificates of weights and

13-2 measures; and

13-3 3. Possess such other qualifications as required by the

13-4 regulations adopted pursuant to this chapter.

13-5 Sec. 43. An applicant for a license as a public weighmaster

13-6 must furnish evidence on a form provided by the State Sealer of

13-7 Weights and Measures that he has the qualifications required by

13-8 section 42 of this act.

13-9 Sec. 44. The State Sealer of Weights and Measures shall

13-10 determine the qualifications of an applicant for a license as a

13-11 public weighmaster based on:

13-12 1. The information provided on the application and any

13-13 supplementary information determined appropriate by the State

13-14 Sealer of Weights and Measures; and

13-15 2. The results of an examination of the knowledge of the

13-16 applicant.

13-17 Sec. 45. The State Sealer of Weights and Measures shall:

13-18 1. Grant licenses as public weighmasters to qualified

13-19 applicants; and

13-20 2. Keep a record of all applications submitted and all licenses

13-21 issued.

13-22 Sec. 46. 1. A certificate of weights and measures, when

13-23 properly filled out and signed, is prima facie evidence of the

13-24 accuracy of the measurements shown.

13-25 2. The design of and the information to be furnished on a

13-26 certificate of weights and measures must be prescribed by the State

13-27 Sealer of Weights and Measures by regulation, and include,

13-28 without limitation:

13-29 (a) The name and license number of the public weighmaster;

13-30 (b) The kind of commodity weighed, measured or counted;

13-31 (c) The name of the owner, agent or consignee of the

13-32 commodity;

13-33 (d) The name of the recipient of the commodity, if applicable;

13-34 (e) The date on which the certificate is issued;

13-35 (f) The consecutive number of the certificate;

13-36 (g) The identification, including any identification number, of

13-37 the carrier transporting the commodity, and the identification

13-38 number or license number of the vehicle;

13-39 (h) Any relevant information needed to distinguish or identify

13-40 the commodity from a like kind;

13-41 (i) The number of units of the commodity, if applicable;

13-42 (j) The measure of the commodity, if applicable;

13-43 (k) The weight or mass of the commodity and the vehicle or

13-44 container, if applicable, as follows:

14-1 (1) The gross weight of the commodity and the associated

14-2 vehicle or container;

14-3 (2) The tare weight of the unladened vehicle or container;

14-4 or

14-5 (3) Both the gross and tare weight and the resultant net

14-6 weight of the commodity; and

14-7 (l) The signature of the public weighmaster who determined

14-8 the weight, measure or count.

14-9 Sec. 47. 1. When filling out a certificate of weights and

14-10 measures, a public weighmaster:

14-11 (a) Shall enter the measurement values so that the certificate

14-12 clearly shows that the measurements were actually determined;

14-13 (b) Shall enter only the measurement values personally

14-14 determined; and

14-15 (c) Shall not enter any measurement values determined by

14-16 other persons.

14-17 2. If the certificate of weights and measures provides for

14-18 entries of gross, tare or net weight or measure, the public

14-19 weighmaster shall:

14-20 (a) Strike out or otherwise cancel the printed entries for the

14-21 values not determined; or

14-22 (b) If the values were not determined on the same scale or on

14-23 the same date shown on the certificate, enter on the certificate the

14-24 scale and date on which the values were determined.

14-25 Sec. 48. A public weighmaster shall only use measurement

14-26 practices and equipment:

14-27 1. In accordance with the provisions of this chapter and any

14-28 regulations adopted pursuant thereto; and

14-29 2. That have been examined, tested and approved for use by

14-30 an authorized employee of the Division.

14-31 Sec. 49. 1. A public weighmaster shall not weigh a vehicle

14-32 or combination of vehicles when part of the vehicle or connected

14-33 combination is not resting fully, completely and as one entire unit

14-34 on the scale.

14-35 2. When weighing a combination of vehicles that will not rest

14-36 fully, completely and as one complete unit on the scale platform:

14-37 (a) The combination of vehicles must be disconnected and

14-38 weighed in single drafts; and

14-39 (b) The weights of the single drafts may be combined in order

14-40 to issue a single certificate of weights and measures for the

14-41 combination, provided that the certificate indicates that the total

14-42 represents a combination of single draft weighings.

14-43 Sec. 50. A public weighmaster shall keep and preserve a

14-44 legible copy of each certificate of weights and measures which he

14-45 issues for the period specified by the State Sealer of Weights and

15-1 Measures by regulation. The certificates must be available for

15-2 inspection by an authorized employee of the Division during

15-3 normal office hours.

15-4 Sec. 51. The Director may recognize and accept certificates

15-5 of weights and measures issued by licensed public weighmasters of

15-6 any other state if that other state recognizes and accepts

15-7 certificates of weights and measures issued by licensed public

15-8 weighmasters of this state.

15-9 Sec. 52. 1. Except as otherwise provided in this section, the

15-10 following persons may, but are not required to, obtain licenses as

15-11 public weighmasters to engage in public weighing:

15-12 (a) A law enforcement or weights and measures officer or

15-13 other qualified employee of the State, a city or a county agency or

15-14 institution when acting within the scope of his official duties.

15-15 (b) A person weighing property, produce, commodities or

15-16 articles:

15-17 (1) That he or his employer is buying or selling; or

15-18 (2) In conformity with the requirements of federal statutes

15-19 or the statutes of this state relating to warehousemen or

15-20 processors.

15-21 2. A person described in subsection 1 shall not issue a

15-22 certificate of weights and measures unless he holds a license as a

15-23 public weighmaster.

15-24 Sec. 53. 1. A person shall not:

15-25 (a) Except as otherwise provided in section 52 of this act, act

15-26 as a public weighmaster without a valid license, including, without

15-27 limitation:

15-28 (1) Assuming the title of public weighmaster or any similar

15-29 title;

15-30 (2) Performing the duties or acts to be performed by a

15-31 public weighmaster;

15-32 (3) Holding himself out as a public weighmaster;

15-33 (4) Issuing any certificate of weights and measures, ticket,

15-34 memorandum or statement for which a fee is charged; or

15-35 (5) Engaging in a full-time or part-time business of

15-36 measuring for hire;

15-37 (b) Use or operate any device for purposes of certification that

15-38 does not meet, or is not operated in accordance with, the

15-39 provisions of chapter 581 of NRS and any regulations adopted

15-40 pursuant thereto relating to the specifications, tolerances and

15-41 other technical requirements for weighing and measuring devices;

15-42 (c) Falsify a certificate of weights and measures or falsely

15-43 certify any gross, tare or net weight or measure required by this

15-44 chapter to be on the certificate;

16-1 (d) Refuse without cause to weigh or measure any article or

16-2 thing which is his duty to weigh or measure, or refuse to state in

16-3 any certificate anything required to be therein;

16-4 (e) Hinder or obstruct in any way the Director or his

16-5 authorized agent in the performance of the official duties of the

16-6 Director under this chapter;

16-7 (f) Violate any provision of this chapter or any regulation

16-8 adopted pursuant thereto;

16-9 (g) Delegate his authority to a person not licensed as a public

16-10 weighmaster;

16-11 (h) Request a false certificate of weights and measures, or

16-12 request a public weighmaster to weigh, measure or count property

16-13 or produce, or a vehicle, commodity or any other article falsely or

16-14 incorrectly;

16-15 (i) Issue a certificate simulating the certificate of weights of

16-16 measures issued pursuant to this chapter; or

16-17 (j) Use or have in his possession a device for weighing and

16-18 measuring which has been altered to facilitate fraud.

16-19 2. A person who violates any provision of this section is, in

16-20 addition to any criminal penalty that may be imposed, subject to a

16-21 civil penalty in accordance with the schedule of civil penalties

16-22 established by the State Sealer of Weights and Measures pursuant

16-23 to section 41 of this act.

16-24 Sec. 54. The Director may suspend or revoke the license of a

16-25 public weighmaster:

16-26 1. When, following a hearing held after 10 days’ notice to the

16-27 licensee, the Director is satisfied that the licensee has violated a

16-28 provision of this chapter or any regulation adopted pursuant

16-29 thereto;

16-30 2. When the licensee has been convicted in a court of

16-31 competent jurisdiction of violating a provision of this chapter or

16-32 any regulation adopted pursuant thereto; or

16-33 3. When the licensee is convicted of a felony.

16-34 Sec. 55. 1. A person subject to a civil penalty may request

16-35 an administrative hearing within 10 days after receipt of the notice

16-36 of the civil penalty. The Director or his designee shall conduct the

16-37 hearing after giving appropriate notice to the respondent. The

16-38 decision of the Director or his designee is subject to appropriate

16-39 judicial review.

16-40 2. If the respondent has exhausted his administrative appeals

16-41 and the civil penalty has been upheld, he shall pay the civil

16-42 penalty:

16-43 (a) If no petition for judicial review is filed pursuant to NRS

16-44 233B.130, within 40 days after the final decision of the Director;

16-45 or

17-1 (b) If a petition for judicial review is filed pursuant to NRS

17-2 233B.130 and the civil penalty is upheld within 10 days after the

17-3 effective date of the final decision of the court.

17-4 3. If the respondent fails to pay the civil penalty, a civil action

17-5 may be brought by the Director in any court of competent

17-6 jurisdiction to recover the civil penalty. All civil penalties collected

17-7 pursuant to this chapter must be remitted to the county treasurer

17-8 of the county in which the violation occurred for credit to the

17-9 county school district fund.

17-10 Sec. 56. 1. Except as otherwise provided in subsection 2, a

17-11 person who by himself, by his servant or agent, or as the servant

17-12 or agent of another person violates any provision of this chapter is

17-13 guilty of a gross misdemeanor and shall be punished by

17-14 imprisonment in the county jail for not less than 6 months or more

17-15 than 1 year, or by a fine of not less than $1,000 or more than

17-16 $5,000, or by both fine and imprisonment.

17-17 2. A person who by himself, by his servant or agent, or as the

17-18 servant or agent of another person:

17-19 (a) Intentionally violates any provision of this chapter or any

17-20 regulation adopted pursuant thereto; or

17-21 (b) Is convicted pursuant to subsection 1 more than three times

17-22 in a 2-year period,

17-23 is guilty of a category E felony and shall be punished as provided

17-24 in NRS 193.130.

17-25 Sec. 57. The Director may apply to a court of competent

17-26 jurisdiction for a restraining order, or a temporary or permanent

17-27 injunction, restraining a person from violating any provision of

17-28 this chapter or any regulation adopted pursuant thereto.

17-29 Sec. 58. NRS 582.025 is hereby amended to read as follows:

17-30 582.025 The State Sealer of Weights and Measures may adopt

17-31 such regulations as are reasonably necessary to carry out the

17-32 provisions of this chapter. Any such regulations shall comply,

17-33 insofar as practicable, with specifications, tolerances and regulations

17-34 recommended by the National [Bureau of Standards.] Institute of

17-35 Standards and Technologies.

17-36 Sec. 59. NRS 582.030 is hereby amended to read as follows:

17-37 582.030 1. Any person may apply to the State Sealer of

17-38 Weights and Measures for [appointment] licensure as a public

17-39 weighmaster with authority to issue state certificates of weights and

17-40 measures upon which the purchase or sale of commodities or charge

17-41 for services or equipment will be based.

17-42 2. Before issuing a [certificate of appointment] license as a

17-43 public weighmaster, the State Sealer of Weights and Measures or his

17-44 deputy [shall:] must:

17-45 (a) Test all weighing apparatus to be used.

18-1 (b) Inspect the premises intended for such use.

18-2 (c) Satisfy himself that the applicant is in every way equipped,

18-3 qualified, competent and of such character that he should be

18-4 [appointed] issued a license as a public weighmaster.

18-5 Sec. 60. NRS 582.032 is hereby amended to read as follows:

18-6 582.032 1. An applicant for the issuance or renewal of a

18-7 [certificate of appointment] license as a public weighmaster shall

18-8 submit to the State Sealer of Weights and Measures the statement

18-9 prescribed by the Welfare Division of the Department of Human

18-10 Resources pursuant to NRS 425.520. The statement must be

18-11 completed and signed by the applicant.

18-12 2. The State Sealer of Weights and Measures shall include the

18-13 statement required pursuant to subsection 1 in:

18-14 (a) The application or any other forms that must be submitted

18-15 for the issuance or renewal of [the certificate of appointment;] a

18-16 license as a public weighmaster; or

18-17 (b) A separate form prescribed by the State Sealer of Weights

18-18 and Measures.

18-19 3. A [certificate of appointment] license as a public

18-20 weighmaster may not be issued or renewed by the State Sealer of

18-21 Weights and Measures pursuant to NRS 581.103 if the applicant:

18-22 (a) Fails to submit the statement required pursuant to subsection

18-23 1; or

18-24 (b) Indicates on the statement submitted pursuant to subsection

18-25 1 that he is subject to a court order for the support of a child and is

18-26 not in compliance with the order or a plan approved by the district

18-27 attorney or other public agency enforcing the order for the

18-28 repayment of the amount owed pursuant to the order.

18-29 4. If an applicant indicates on the statement submitted pursuant

18-30 to subsection 1 that he is subject to a court order for the support of a

18-31 child and is not in compliance with the order or a plan approved by

18-32 the district attorney or other public agency enforcing the order for

18-33 the repayment of the amount owed pursuant to the order, the State

18-34 Sealer of Weights and Measures shall advise the applicant to contact

18-35 the district attorney or other public agency enforcing the order to

18-36 determine the actions that the applicant may take to satisfy the

18-37 arrearage.

18-38 Sec. 61. NRS 582.034 is hereby amended to read as follows:

18-39 582.034 An application for a [certificate of appointment]

18-40 license as a public weighmaster must include the social security

18-41 number of the applicant.

18-42 Sec. 62. NRS 582.040 is hereby amended to read as follows:

18-43 582.040 If satisfied with the qualifications of the applicant, the

18-44 State Sealer of Weights and Measures shall issue a [certificate of

18-45 appointment] license as a public weighmaster, for which

19-1 [certificate] license he shall charge a fee established by regulation of

19-2 the State Board of Agriculture. [The certificate of appointment:

19-3 1. Is valid for the calendar year in which it is issued.

19-4 2. May be renewed each year upon application to the State

19-5 Sealer of Weights and Measures on or before the last day of

19-6 January. The application must be accompanied by a fee established

19-7 by regulation of the State Board of Agriculture.]

19-8 Sec. 63. NRS 582.045 is hereby amended to read as follows:

19-9 582.045 1. If the State Sealer of Weights and Measures

19-10 receives a copy of a court order issued pursuant to NRS 425.540 that

19-11 provides for the suspension of all professional, occupational and

19-12 recreational licenses, certificates and permits issued to a person who

19-13 is [the holder of a certificate of appointment] licensed as a public

19-14 weighmaster, the State Sealer of Weights and Measures shall deem

19-15 the [certificate] license to be suspended at the end of the 30th day

19-16 after the date on which the court order was issued unless he receives

19-17 a letter issued to the [holder of the certificate] licensee by the

19-18 district attorney or other public agency pursuant to NRS 425.550

19-19 stating that the [holder of the certificate] licensee has complied with

19-20 the subpoena or warrant or has satisfied the arrearage pursuant to

19-21 NRS 425.560.

19-22 2. The State Sealer of Weights and Measures shall reinstate a

19-23 [certificate of appointment] license as a public weighmaster

19-24 suspended by a district court pursuant to NRS 425.540 if the State

19-25 Sealer of Weights and Measures receives a letter issued by the

19-26 district attorney or other public agency pursuant to NRS 425.550 to

19-27 the person whose [certificate] license was suspended stating that the

19-28 person whose [certificate] license was suspended has complied with

19-29 the subpoena or warrant or has satisfied the arrearage pursuant to

19-30 NRS 425.560.

19-31 Sec. 64. NRS 590.063 is hereby amended to read as follows:

19-32 590.063 1. The use of pumps or other devices which are

19-33 capable of withdrawing gasoline from each of two tanks containing

19-34 different qualities of the same petroleum product and dispensing

19-35 them as a single combined product must be authorized if the

19-36 Division of Measurement Standards of the State Department of

19-37 Agriculture determines that all of the following conditions exist:

19-38 (a) The device mechanism accurately measures the quantities of

19-39 the gasoline being simultaneously withdrawn from each of the two

19-40 tanks and the quantity dispensed.

19-41 (b) The device mechanism accurately and visibly records and

19-42 displays the resulting combined quality, the total quantity, the price

19-43 per gallon for the particular quality combination being dispensed,

19-44 and the total price of the quantity of gasoline dispensed at the

19-45 particular sale.

20-1 (c) The device has a locking selector mechanism which prevents

20-2 the changing of the proportion of the two qualities being combined

20-3 during the dispensing of the desired quantity.

20-4 2. The provisions of this section authorize the operation of a

20-5 blending type of pump connected to two tanks containing two

20-6 different grades of the same product, which, if blended together in

20-7 different proportions, will produce gasoline of different octane

20-8 rating, each blend of which meets the specifications for gasoline as

20-9 required by this chapter.

20-10 Sec. 65. NRS 590.065 is hereby amended to read as follows:

20-11 590.065 1. The use of pumps or other devices which are

20-12 capable of withdrawing gasoline from one tank containing gasoline

20-13 and another tank containing motor oil and dispensing them as a

20-14 single combined product and of withdrawing gasoline alone from

20-15 the tank containing gasoline must be authorized if the Division of

20-16 Measurement Standards of the State Department of Agriculture

20-17 determines that all of the following conditions exist:

20-18 (a) The device mechanism accurately measures the quantities

20-19 being simultaneously withdrawn for dispensing as a combined

20-20 product from each of the two tanks when the combined product is

20-21 dispensed, and the quantity being dispensed from the gasoline tank

20-22 alone when gasoline alone is dispensed.

20-23 (b) The device mechanism accurately and visibly records and

20-24 displays the ratio of gasoline to motor oil, the quantity of each

20-25 ingredient being dispensed, the price per gallon for gasoline being

20-26 dispensed and the price per quart for motor oil being dispensed, or a

20-27 device the mechanism of which accurately and visibly records and

20-28 displays the ratio of gasoline to motor oil, the total volume of the oil

20-29 and gasoline mixture delivered, and computes the total cost based

20-30 upon the price set for the finished blend.

20-31 (c) The device mechanism prevents the changing of the ratio of

20-32 gasoline to motor oil during dispensing.

20-33 (d) There is firmly attached to or painted upon the device

20-34 mechanism panel a sign or label plainly visible consisting of the

20-35 words “outboard motor fuel” in letters not less than one-half inch in

20-36 height, together with the brand, trademark or trade name of the

20-37 product, which must be in letters of not less than one-half inch in

20-38 height.

20-39 2. The provisions of this section authorize the operation of a

20-40 blending type of pump connected to two tanks, one containing

20-41 motor oil and the other gasoline, but only if the motor oil in its

20-42 separate state meets the specifications for lubricating oil as required

20-43 by NRS 590.080, and the gasoline in its separate state meets the

20-44 specifications for gasoline as required by NRS 590.070.

21-1 Sec. 66. NRS 590.090 is hereby amended to read as follows:

21-2 590.090 1. It is unlawful for any person, or any officer, agent

21-3 or employee thereof, to sell, offer for sale, or assist in the sale of or

21-4 permit to be sold or offered for sale any petroleum or petroleum

21-5 product to be used for heating purposes, unless the petroleum or

21-6 petroleum product conforms to the most recent standards adopted by

21-7 [the American Society for Testing and Materials.] ASTM

21-8 International.

21-9 2. All bulk storage tanks, dispensers and petroleum tank truck

21-10 compartment outlets containing or dispensing heating fuel must be

21-11 labeled with the brand name and the grade designation of the

21-12 heating fuel.

21-13 3. A person shall not use the numerical grade designation for

21-14 heating fuels adopted by [the American Society for Testing and

21-15 Materials] ASTM International unless the designation conforms to

21-16 that designation. Persons using a designation other than the

21-17 numerical grade designation adopted by [the American Society for

21-18 Testing and Materials] ASTM International must file with the

21-19 Division of Measurement Standards of the State Department of

21-20 Agriculture the designation to be used together with its

21-21 corresponding grade designation of [the American Society for

21-22 Testing and Materials.] ASTM International.

21-23 Sec. 67. Chapter 561 of NRS is hereby amended by adding

21-24 thereto a new section to read as follows:

21-25 1. The Division of Measurement Standards is hereby created

21-26 within the State Department of Agriculture. The Director of the

21-27 State Department of Agriculture shall appoint an Administrator of

21-28 the Division who shall administer all activities and services of the

21-29 Division.

21-30 2. The Division of Measurement Standards shall administer

21-31 and enforce the provisions of chapters 581 and 582 of NRS and

21-32 NRS 590.010 to 590.450, inclusive.

21-33 Sec. 68. NRS 581.004, 581.005, 581.055, 581.060, 581.070,

21-34 581.080, 581.090, 581.104, 581.105, 581.110, 581.120, 581.140,

21-35 581.150, 581.160, 581.170, 581.180, 581.190, 581.200, 581.210,

21-36 581.220, 581.230, 581.240, 581.250, 581.260, 581.270, 581.280,

21-37 581.290, 581.300, 581.303, 581.307, 581.310, 581.330, 581.340,

21-38 581.350, 581.360, 581.370, 581.380, 581.390, 581.400, 581.405,

21-39 581.410, 581.420, 581.430, 581.440, 581.450, 581.460, 582.010,

21-40 582.050, 582.060, 582.080, 582.090, 582.100, 582.105, 582.110,

21-41 582.120, 582.130, 582.140, 582.150, 582.160, 582.170 and 582.180

21-42 are hereby repealed.

21-43 Sec. 69. Any regulations adopted by an officer or agency

21-44 whose responsibilities have been transferred pursuant to the

21-45 provisions of this act to another officer or agency remain in force

22-1 until amended by the officer or agency to which the responsibility

22-2 for the adoption of the regulations is transferred.

22-3 Sec. 70. 1. This act becomes effective upon passage and

22-4 approval for the purpose of adopting regulations necessary to carry

22-5 out the provisions of this act and on January 1, 2004, for all other

22-6 purposes.

22-7 2. Sections 34, 60, 61 and 63 of this act expire by limitation on

22-8 the date on which the provisions of 42 U.S.C. § 666 requiring each

22-9 state to establish procedures under which the state has authority to

22-10 withhold or suspend, or to restrict the use of, professional,

22-11 occupational and recreational licenses of persons who:

22-12 (a) Have failed to comply with a subpoena or warrant relating to

22-13 a procedure to determine the paternity of a child or to establish or

22-14 enforce an obligation for the support of a child; or

22-15 (b) Are in arrears in the payment for the support of one or more

22-16 children,

22-17 are repealed by the Congress of the United States.

22-18 LEADLINES OF REPEALED SECTIONS

22-19 581.004 “Council” defined.

22-20 581.005 “Incorrect” defined.

22-21 581.055 Enforcement of chapter by State Sealer of Weights

22-22 and Measures: Regulations; administrative fines; order

22-23 requiring correction of violation of chapter; investigation or

22-24 filing of criminal complaint by district attorney.

22-25 581.060 Records.

22-26 581.070 Powers and duties of State Sealer of Weights and

22-27 Measures.

22-28 581.080 Sealing or marking of weights, measures and

22-29 weighing or measuring devices.

22-30 581.090 Seizure and condemnation of incorrect weights;

22-31 destruction; repair; unlawful acts.

22-32 581.104 Authorization of certain persons to test and repair

22-33 or adjust devices used only to weigh or measure propane;

22-34 notice to State Sealer of Weights and Measures of sealing or

22-35 marking of device and compliance of device with regulations.

22-36 581.105 Notice of purchase, installation or use of weight,

22-37 measure or device for commercial purposes; penalty.

22-38 581.110 State Standards: Approval by National Bureau of

22-39 Standards; custody; safekeeping.

23-1 581.120 Office and Field Standards: State to supply

23-2 equipment necessary to carry out provisions of chapter;

23-3 verification.

23-4 581.140 Standard units of weights and measures.

23-5 581.150 Avoirdupois and troy weights are basis for other

23-6 standards of weight.

23-7 581.160 Divisions and multiples of avoirdupois pound.

23-8 581.170 Divisions of troy pound.

23-9 581.180 Divisions of apothecary’s pound.

23-10 581.190 Sale of commodity sold by ton or fraction thereof:

23-11 Duty of seller to give full weight; rate of pounds to ton.

23-12 581.200 Standard gallon is unit of capacity for liquids;

23-13 divisions of standard gallon.

23-14 581.210 Barrel; hogshead.

23-15 581.220 Standard half bushel is unit of capacity for

23-16 substances other than liquids; divisions of standard half bushel.

23-17 581.230 Standard weights of grain per bushel.

23-18 581.240 Standard yard is basic measure of extension.

23-19 581.250 Divisions of yard.

23-20 581.260 Rod; pole; perch; mile; chain; link.

23-21 581.270 Acre of land to be measured horizontally; divisions

23-22 of acre and square mile.

23-23 581.280 Standard cord of firewood.

23-24 581.290 Standard units or metric system of weights and

23-25 measures must be used to designate weight, length and liquid

23-26 measure.

23-27 581.300 Packaging of commodity or article of merchandise

23-28 without designation of correct weight, measure or numerical

23-29 count unlawful; exception.

23-30 581.303 Declaration of price per single unit of weight,

23-31 measure or count required on certain packages of commodities.

23-32 581.307 Declaration of basic quantity or net quantity of

23-33 contents required when price advertised; contents of

23-34 declaration.

23-35 581.310 Box or carton used for shipping not required to

23-36 bear weight or measure of contents.

23-37 581.330 Net weights of containers for flour, cornmeal and

23-38 hominy.

23-39 581.340 Deceptive construction prohibited.

23-40 581.350 Exemption upon compliance with federal law or

23-41 regulation.

23-42 581.360 Unavoidable discrepancy between actual weight

23-43 and weight marked on container does not constitute violation of

23-44 chapter.

23-45 581.370 Standard loaf of bread; standard weights of loaves.

24-1 581.380 Butter and oleomargarine: Sales by weight;

24-2 standard sizes.

24-3 581.390 Sale of fish, meat or dressed poultry in manner

24-4 other than by weight unlawful; exception.

24-5 581.400 Sale of berries or small fruits in manner other than

24-6 by weight or container unlawful.

24-7 581.405 Use of volume correction factor tables or

24-8 temperature compensating meters by vendors; regulations;

24-9 penalties.

24-10 581.410 Making or giving false or short weight or measure.

24-11 581.420 Misrepresentation of merchandise.

24-12 581.430 Hindering or obstructing State Sealer of Weights

24-13 and Measures, deputies or inspectors.

24-14 581.440 Omission or failure of officer, agent or employee of

24-15 corporation or association deemed omission or failure of

24-16 corporation or association.

24-17 581.450 Criminal penalties; recovery of costs of criminal

24-18 proceedings.

24-19 581.460 Prosecution of violations by district attorney.

24-20 582.010 “Net weight” defined.

24-21 582.050 Suspension or revocation of certificate of

24-22 appointment: Grounds; return of seal and certificates.

24-23 582.060 Bond of public weighmaster; automatic suspension

24-24 of certificate of appointment when bond cancelled.

24-25 582.080 Certificate of weights and measures.

24-26 582.090 Fees of public weighmasters and Department of

24-27 Motor Vehicles.

24-28 582.100 Books of certificates of weight: Compilation;

24-29 issuance; cost.

24-30 582.105 Forms for certificates of weight remain state

24-31 property while in custody of weighmaster; return of unused

24-32 forms upon termination of appointment.

24-33 582.110 Deputy public weighmaster: Designation;

24-34 employment; responsibility of public weighmaster; condition

24-35 upon issuance of certificate of weight by weighmaster or deputy

24-36 based on information recorded by another.

24-37 582.120 Records of public weighmaster: Contents;

24-38 inspection; preservation.

24-39 582.130 Weight of commodity sold subject to

24-40 weighmaster’s weight must be true net weight.

24-41 582.140 Disputes concerning correctness of weight:

24-42 Procedure for reweighing; payment of costs.

24-43 582.150 Liability of corporation or association for act of

24-44 officer, agent or employee.

25-1 582.160 Unlawful issuance or possession of certificate of

25-2 weight.

25-3 582.170 Encouraging false weighing or issuance of false

25-4 certificate of weight and giving false information unlawful.

25-5 582.180 Penalty.

25-6 H