SB485_R2

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 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.

1-6 Sec. 3. “Commercial weighing and measuring equipment”

1-7 means weights and measures, and weighing and measuring

1-8 devices, used commercially in:

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

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

2-3 distribution or consumption, purchase, offer or submission for

2-4 sale, hire or award; or

2-5 2. Computing any basic charge or payment for services

2-6 rendered on the basis of weight or measure.

2-7 Sec. 4. (Deleted by amendment.)

2-8 Sec. 5. “Division” means the Division of Measurement

2-9 Standards of the State Department of Agriculture.

2-10 Sec. 6. “Net mass” or “net weight” means the mass or weight

2-11 of a commodity, excluding any materials, substances or items not

2-12 considered to be part of the commodity. The terms do not include

2-13 materials, substances or any other items not considered to be a

2-14 part of the commodity, including, without limitation, containers,

2-15 conveyances, bags, wrappers, packaging materials, labels,

2-16 individual piece coverings, decorative accompaniments and

2-17 coupons, except that, depending on the service to be rendered,

2-18 shipping and packaging material may be included in the weight of

2-19 the package.

2-20 Sec. 7. “Primary standards” means the physical standards of

2-21 the State of Nevada that serve as the legal reference from which

2-22 all other standards for weights and measures are derived.

2-23 Sec. 8. “Random weight package” means a package that is

2-24 one package of a lot, shipment or delivery of packages of the same

2-25 commodity with no fixed pattern of weights.

2-26 Sec. 9. “Secondary standards” means the physical standards

2-27 that are traceable to the primary standards through comparisons

2-28 or by using acceptable laboratory procedures, and that are used in

2-29 the enforcement of statutes and regulations relating to weights

2-30 and measures.

2-31 Sec. 10. “Standard package” means a package that is one of

2-32 a lot, shipment or delivery of packages of the same commodity

2-33 with declarations of identical net contents, including, without

2-34 limitation, 1-liter bottles or 12-fluid-ounce cans of carbonated

2-35 soda, 500-gram or 5-pound bags of sugar, or 100-meter or

2-36 300-foot packages of rope.

2-37 Sec. 11. “Weight” means:

2-38 1. Net weight; or

2-39 2. If the commodity is sold by drained weight, net drained

2-40 wet.

2-41 Sec. 12. “Weights and measures” means all weights and

2-42 measures of every kind, and includes, without limitation,

2-43 instruments and devices for weighing and measuring, and

2-44 appliances and accessories associated with such instruments and

2-45 devices.

3-1 Sec. 13. The State Sealer of Weights and Measures shall:

3-2 1. Ensure that weights and measures used in commercial

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

3-4 properly installed and accurate, and are so maintained by their

3-5 owner or user.

3-6 2. Prevent unfair or deceptive dealing by weight or measure

3-7 in any commodity or service advertised, packaged, sold or

3-8 purchased within this state.

3-9 3. Make available to all users of physical standards, or of

3-10 weighing and measuring equipment, the precision calibration and

3-11 related metrological certification capabilities of the facilities of the

3-12 Division.

3-13 4. Promote uniformity, to the extent practicable and

3-14 desirable, between the requirements relating to weights and

3-15 measures of this state and similar requirements of other states

3-16 and federal agencies.

3-17 5. Adopt regulations establishing such requirements relating

3-18 to weights and measures as are necessary to ensure equity between

3-19 buyers and sellers, and thereby encourage desirable economic

3-20 growth while protecting consumers.

3-21 Sec. 14. The State Sealer of Weights and Measures shall:

3-22 1. Adopt regulations establishing such primary standards and

3-23 secondary standards for weights and measures for use in this state

3-24 as he determines appropriate.

3-25 2. Maintain traceability of the state standards to the national

3-26 standards of the National Institute of Standards and Technology.

3-27 3. Enforce the provisions of this chapter.

3-28 4. Adopt other reasonable regulations for the enforcement of

3-29 this chapter.

3-30 5. Establish requirements for:

3-31 (a) Labeling;

3-32 (b) The presentation of information relating to cost per unit;

3-33 (c) Standards of weight, measure or count, and reasonable

3-34 standards of fill, for any packaged commodity; and

3-35 (d) Information relating to open dating of packaged food.

3-36 6. Grant such exemptions from the provisions of this chapter

3-37 or any regulations adopted pursuant thereto as he determines

3-38 appropriate to the maintenance of good commercial practices

3-39 within this state.

3-40 7. Conduct investigations to ensure compliance with this

3-41 chapter.

3-42 8. Delegate to appropriate personnel any of the

3-43 responsibilities of the Division as needed for the proper

3-44 administration of the Division.

4-1 9. Adopt regulations establishing a schedule of civil penalties

4-2 for any violation of section 23 of this act.

4-3 10. Inspect and test commercial weights and measures that

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

4-5 11. Inspect and test, to ascertain if they are correct, weights

4-6 and measures that are commercially used to:

4-7 (a) Determine the weight, measure or count of commodities or

4-8 things that are sold, or offered or exposed for sale, on the basis of

4-9 weight, measure or count; or

4-10 (b) Compute the basic charge or payment for services rendered

4-11 on the basis of weight, measure or count.

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

4-13 receipt or disbursement of supplies by entities funded by legislative

4-14 appropriations.

4-15 13. Approve for use such commercial weights and measures

4-16 as he determines are correct and appropriate. The State Sealer of

4-17 Weights and Measures may mark such commercial weights and

4-18 measures. The State Sealer of Weights and Measures shall reject

4-19 and order to be corrected, replaced or removed any commercial

4-20 weights and measures found to be incorrect. Weights and

4-21 measures that have been rejected may be seized if they are not

4-22 corrected within the time specified or if they are used or disposed

4-23 of in a manner not specifically authorized. The State Sealer of

4-24 Weights and Measures shall remove from service and may seize

4-25 weights and measures found to be incorrect that are not capable of

4-26 being made correct.

4-27 14. Weigh, measure or inspect packaged commodities that are

4-28 kept, offered or exposed for sale, sold or in the process of delivery

4-29 to determine whether the packaged commodities contain the

4-30 amounts represented and whether they are kept, offered or

4-31 exposed for sale in accordance with this chapter or the regulations

4-32 adopted pursuant thereto. In carrying out the provisions of this

4-33 subsection, the State Sealer of Weights and Measures shall employ

4-34 recognized sampling procedures, including, without limitation,

4-35 sampling procedures adopted by the National Conference on

4-36 Weights and Measures.

4-37 15. Adopt regulations prescribing the appropriate term or

4-38 unit of weight or measure to be used whenever the State Sealer of

4-39 Weights and Measures determines that an existing practice of

4-40 declaring the quantity of a commodity, or of setting charges for a

4-41 service by weight, measure, numerical count or time, or any

4-42 combination thereof, does not facilitate value comparisons by

4-43 consumers or may confuse consumers.

4-44 16. Allow reasonable variations from the stated quantity of

4-45 contents that entered intrastate commerce, which must include

5-1 those variations caused by loss or gain of moisture during the

5-2 course of good distribution practices or by unavoidable deviations

5-3 in good manufacturing practices.

5-4 17. Provide for the training of persons employed by any

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

5-6 state, county and municipal personnel, who enforce the provisions

5-7 of this chapter and chapter 582 of NRS, and any regulations

5-8 adopted pursuant thereto, relating to weights and measures. The

5-9 State Sealer of Weights and Measures may establish by regulation

5-10 minimum training and performance requirements which must be

5-11 met by all such persons.

5-12 18. Verify advertised prices, price representations and point-

5-13 of-sale systems, as necessary, to determine the accuracy of prices

5-14 and computations and the correct use of the equipment, and, if

5-15 such systems utilize scanning or coding means in lieu of manual

5-16 entry, the accuracy of prices printed or recalled from a database.

5-17 In carrying out the provisions of this subsection, the State Sealer

5-18 of Weights and Measures shall:

5-19 (a) Employ recognized procedures for making such

5-20 verifications and determinations of accuracy, including, without

5-21 limitation, any appropriate procedures designated by the National

5-22 Institute of Standards and Technology;

5-23 (b) Adopt regulations and issue orders regarding standards for

5-24 the accuracy of advertised prices and automated systems for retail

5-25 price charging, or point-of-sale systems, and for the enforcement

5-26 of those standards; and

5-27 (c) Conduct investigations to ensure compliance with those

5-28 standards.

5-29 Sec. 15. The State Sealer of Weights and Measures may, if

5-30 necessary for the enforcement of this chapter and any regulations

5-31 adopted pursuant thereto:

5-32 1. Enter any commercial premises during normal business

5-33 hours upon presenting his credentials.

5-34 2. Issue stop-use, hold and removal orders for any weights

5-35 and measures commercially used, and issue stop-sale, hold and

5-36 removal orders for any packaged commodities or bulk sale

5-37 commodities that are kept, offered or exposed for sale.

5-38 3. Seize, for use as evidence, without formal warrant, any

5-39 incorrect or unapproved weight, measure, package or commodity

5-40 found to be used, retained, offered or exposed for sale, or sold in

5-41 violation of any provision of this chapter or any regulation

5-42 adopted pursuant thereto.

5-43 4. Stop any commercial vehicle and, after presentation of his

5-44 credentials, inspect the contents of the vehicle, require the person

5-45 in charge of the vehicle to produce any documents in his

6-1 possession concerning the contents of the vehicle, and require that

6-2 person to proceed with the vehicle to some specified place for

6-3 inspection.

6-4 Sec. 16. A person shall not:

6-5 1. Sell or offer or expose for sale a quantity less than the

6-6 quantity represented;

6-7 2. Take more than the quantity represented when, as a buyer,

6-8 he furnishes the weight or measure by which the quantity is

6-9 determined; or

6-10 3. Represent the quantity in any manner calculated or

6-11 tending to mislead, or in any way to deceive, another person.

6-12 Sec. 17. A person shall not:

6-13 1. Misrepresent the price of any commodity or service sold, or

6-14 offered, exposed or advertised for sale, by weight, measure or

6-15 count; or

6-16 2. Misrepresent the price of such a commodity for service in

6-17 any manner calculated or tending to mislead or in any way to

6-18 deceive a person.

6-19 Sec. 18. 1. Except as otherwise provided by regulation or

6-20 order of the State Sealer of Weights and Measures or by

6-21 established trade custom and practice recognized by regulation or

6-22 order of the State Sealer of Weights and Measures:

6-23 (a) Commodities in liquid form must be sold by liquid measure

6-24 or by weight; and

6-25 (b) Commodities not in liquid form must be sold by weight, by

6-26 measure or by count.

6-27 2. The method of sale of a commodity must provide such

6-28 accurate and adequate information concerning quantity as will

6-29 enable the buyer to make price and quantity comparisons.

6-30 Sec. 19. All bulk sales in which the buyer and seller are not

6-31 both present to witness the measurement, all bulk deliveries of

6-32 heating fuel and all other bulk sales specified by regulation of the

6-33 State Sealer of Weights and Measures must be accompanied by a

6-34 delivery ticket containing:

6-35 1. The name and address of the buyer and seller;

6-36 2. The date delivered;

6-37 3. The quantity delivered and the quantity upon which the

6-38 price is based, if the quantity upon which the price is based differs

6-39 from the quantity delivered;

6-40 4. The unit price, unless otherwise agreed upon by both the

6-41 buyer and seller;

6-42 5. The identity of the commodity, in the most descriptive

6-43 terms commercially practicable, including any representation

6-44 about the quality of the commodity made in connection with the

6-45 sale; and

7-1 6. Where commodities are bought from bulk but delivered in

7-2 packages, the count of individually wrapped packages if more than

7-3 one individually wrapped package is being sold.

7-4 Sec. 20. 1. Except as otherwise provided in this chapter,

7-5 any random weight package or standard package kept, offered or

7-6 exposed for sale, must bear on the outside of the package a

7-7 definite, plain and conspicuous declaration of:

7-8 (a) The identity of the commodity in the package, unless the

7-9 commodity is a food, other than meat or poultry, that was

7-10 repackaged in a retail establishment and displayed to the

7-11 purchaser where:

7-12 (1) The interstate labeling for the repackaged food is

7-13 clearly in view or the food has a counter card, sign or other

7-14 appropriate device bearing prominently and conspicuously the

7-15 common or usual name of the food; or

7-16 (2) The common or usual name of the food is clearly

7-17 revealed by its appearance;

7-18 (b) The quantity of contents of the package, in terms of weight,

7-19 measure or count; and

7-20 (c) If the package is kept, offered or exposed for sale, or sold,

7-21 in any place other than on the premises where packed, the name

7-22 and place of business of the manufacturer, packer or distributor.

7-23 2. The State Sealer of Weights and Measures may exempt any

7-24 type of random weight package or standard package, or

7-25 commodity from the provisions of this section by regulation.

7-26 Sec. 21. In addition to the declarations required by section

7-27 20 of this act, each random weight package of the same

7-28 commodity must, at the time such packages are offered or exposed

7-29 for sale at retail, bear on the outside of the package a plain and

7-30 conspicuous declaration of the price per kilogram or pound and

7-31 the total selling price of the package.

7-32 Sec. 22. If a packaged commodity is advertised in any

7-33 manner with the retail price stated, a declaration of quantity as

7-34 required by this chapter or any regulation adopted pursuant

7-35 thereto must appear on the package in such a manner as to be

7-36 closely and conspicuously associated with the retail price of the

7-37 packaged commodity.

7-38 Sec. 23. 1. A person shall not:

7-39 (a) Use in commerce, or have in his possession for use in

7-40 commerce, any incorrect weight or measure;

7-41 (b) Sell or offer for sale for use in commerce any incorrect

7-42 weight or measure;

7-43 (c) Remove any tag, seal or mark from any weight or measure

7-44 without specific written authorization from the proper authority;

8-1 (d) Hinder or obstruct any inspector of the Division in the

8-2 performance of his duties; or

8-3 (e) Violate any provisions of this chapter or any regulation

8-4 adopted pursuant thereto.

8-5 2. A person who violates any provision of this section is, in

8-6 addition to any criminal penalty that may be imposed, subject to a

8-7 civil penalty in accordance with the schedule of civil penalties

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

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

8-10 Sec. 24. 1. A person subject to a civil penalty may request

8-11 an administrative hearing within 10 days after receipt of the notice

8-12 of the civil penalty. The State Sealer of Weights and Measures or

8-13 his designee shall conduct the hearing after giving appropriate

8-14 notice to the respondent. The decision of the State Sealer of

8-15 Weights and Measures or his designee is subject to appropriate

8-16 judicial review.

8-17 2. If the respondent has exhausted his administrative appeals

8-18 and the civil penalty has been upheld, he shall pay the civil

8-19 penalty:

8-20 (a) If no petition for judicial review is filed pursuant to NRS

8-21 233B.130, within 40 days after the final decision of the State

8-22 Sealer of Weights and Measures; or

8-23 (b) If a petition for judicial review is filed pursuant to NRS

8-24 233B.130 and the civil penalty is upheld, within 10 days after the

8-25 effective date of the final decision of the court.

8-26 3. If the respondent fails to pay the penalty, a civil action may

8-27 be brought by the State Sealer of Weights and Measures in any

8-28 court of competent jurisdiction to recover the civil penalty. All civil

8-29 penalties collected pursuant to this chapter must be deposited with

8-30 the State Treasurer for credit to the State General Fund.

8-31 Sec. 25. 1. Except as otherwise provided in subsection 2, a

8-32 person who violates any provision of section 23 of this act is guilty

8-33 of a gross misdemeanor and shall be punished:

8-34 (a) For the first offense, by imprisonment in the county jail for

8-35 not more than 6 months, or by a fine of not less than $500 or more

8-36 than $2,000, or by both fine and imprisonment.

8-37 (b) For a second or subsequent offense, by imprisonment in

8-38 the county jail for not more than 1 year, or by a fine of not less

8-39 than $2,000 or more than $5,000, or by both fine and

8-40 imprisonment.

8-41 2. A person who:

8-42 (a) Intentionally violates any provision of this chapter or any

8-43 regulation adopted pursuant thereto;

8-44 (b) Is convicted pursuant to subsection 1 more than three times

8-45 in a 2-year period; or

9-1 (c) Uses or has in his possession any device which has been

9-2 altered to facilitate fraud,

9-3 is guilty of a category E felony and shall be punished as provided

9-4 in NRS 193.130.

9-5 Sec. 26. The State Sealer of Weights and Measures may

9-6 apply to any court of competent jurisdiction for a restraining

9-7 order, or a temporary or permanent injunction, restraining a

9-8 person from violating any provision of this chapter or any

9-9 regulation adopted pursuant thereto.

9-10 Sec. 27. The presence of a weight or measure, or weighing or

9-11 measuring device in or about any place in which or from which

9-12 buying or selling is commonly carried on, creates a rebuttable

9-13 presumption that the weight or measure, or weighing or

9-14 measuring device is regularly used for the business purposes of

9-15 that place.

9-16 Sec. 28. NRS 581.001 is hereby amended to read as follows:

9-17 581.001 As used in this chapter, unless the context otherwise

9-18 requires, the words and terms defined in NRS 581.003 [to] and

9-19 581.010, and sections 2 to 12, inclusive, of this act have the

9-20 meanings ascribed to them in those sections.

9-21 Sec. 29. NRS 581.003 is hereby amended to read as follows:

9-22 581.003 “Correct” means [any weight, measure, or weighing or

9-23 measuring device that is accurate within applicable tolerances as

9-24 determined by tests made with suitable standards and meets all

9-25 applicable specifications and regulations adopted by the State Sealer

9-26 of Weights and Measures.] in conformance with all applicable

9-27 requirements of this chapter and the regulations adopted pursuant

9-28 thereto.

9-29 Sec. 30. NRS 581.010 is hereby amended to read as follows:

9-30 581.010 1. “Package” [and “container” include any closed

9-31 carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn,

9-32 bottle, crate, basket, hamper, pail, can, parcel, package or paper

9-33 wrapper.] means any commodity, whether in a standard package

9-34 or random weight package:

9-35 (a) Enclosed in a container or wrapped in any manner in

9-36 advance of wholesale or retail sale; or

9-37 (b) Whose weight or measure has been determined in advance

9-38 of wholesale or retail sale.

9-39 2. The term includes an individual item or lot of any

9-40 commodity on which there is marked a selling price based on an

9-41 established price per unit of weight or measure.

9-42 Sec. 31. NRS 581.030 is hereby amended to read as follows:

9-43 581.030 The Director of the State Department of Agriculture

9-44 [is hereby designated and constituted] , as ex officio State Sealer of

10-1 Weights and Measures, [and is charged with the proper enforcement

10-2 of] shall enforce the provisions of this chapter.

10-3 Sec. 32. NRS 581.050 is hereby amended to read as follows:

10-4 581.050 1. The State Sealer of Weights and Measures may:

10-5 (a) Adopt regulations [for the efficient enforcement of]

10-6 necessary to carry out the provisions of this chapter.

10-7 (b) Ensure that those regulations comply, insofar as practicable,

10-8 with the specifications, tolerances and regulations recommended by

10-9 the National [Bureau of Standards.] Institute of Standards and

10-10 Technologies.

10-11 (c) Adopt regulations for the submission for approval of types

10-12 and designs of weights and measures and [weighing, measuring and

10-13 counting devices intended for commercial use.] commercial

10-14 weighing and measuring equipment.

10-15 2. The State Sealer of Weights and Measures shall adopt

10-16 regulations which prescribe the:

10-17 (a) Standards for weighing and measuring devices;

10-18 (b) Requirements for the issuance of a certificate of registration

10-19 pursuant to NRS 581.103; and

10-20 (c) Standards for the equipment used to repair or adjust

10-21 weighing or measuring devices.

10-22 Sec. 33. NRS 581.075 is hereby amended to read as follows:

10-23 581.075 The State Sealer of Weights and Measures may

10-24 establish:

10-25 1. A schedule of fees for any tests of weighing and measuring

10-26 devices determined by him to be necessary.

10-27 2. An annual fee for the issuance of a certificate of registration

10-28 pursuant to NRS 581.103.

10-29 3. An annual license fee for all commercial weighing and

10-30 measuring equipment.

10-31 Sec. 34. NRS 581.103 is hereby amended to read as follows:

10-32 581.103 1. Any person who wishes to make any repair or

10-33 adjustment, for hire, to a weighing or measuring device must submit

10-34 to the State Sealer of Weights and Measures:

10-35 (a) An application for a certificate of registration on a form

10-36 provided by the State Sealer of Weights and Measures;

10-37 (b) The statement required pursuant to NRS 581.1032;

10-38 (c) The annual fee prescribed by regulation pursuant to

10-39 subsection 2 of NRS 581.075; and

10-40 (d) [The equipment the person will use to repair or adjust

10-41 weighing or measuring devices. The State Sealer of Weights and

10-42 Measures shall inspect the equipment to ensure that the equipment

10-43 complies with the standards set forth in the regulations adopted

10-44 pursuant to NRS 581.050.] Such other information required by the

10-45 State Sealer of Weights and Measures.

11-1 2. An application for a certificate of registration must include

11-2 the social security number of the applicant.

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

11-4 person who complies with the requirements of subsection 1 a

11-5 certificate of registration. The certificate must include a unique

11-6 registration number.

11-7 4. A certificate of registration is effective for the calendar year

11-8 in which it is issued, and may be renewed upon application on or

11-9 before January 15 of the succeeding year. Any person who, for hire,

11-10 makes a repair or adjustment to a weighing or measuring device

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

11-12 provided in NRS 581.450.

11-13 5. Except as otherwise provided in NRS 581.104, any person

11-14 who sells or installs or makes any repair or adjustment to a

11-15 commercially used weighing or measuring device shall within 24

11-16 hours notify the State Sealer of Weights and Measures, on a form

11-17 provided by the State Sealer of Weights and Measures, of that

11-18 repair, adjustment, sale or installation. If a person who has been

11-19 issued a certificate of registration pursuant to subsection 3 fails to

11-20 notify the State Sealer of Weights and Measures as required by this

11-21 subsection, the State Sealer of Weights and Measures may suspend

11-22 the certificate of registration of that person for not more than 10

11-23 days and may, after a hearing, revoke his certificate of registration.

11-24 6. The form required pursuant to subsection 5 must include:

11-25 (a) The registration number and signature of the person who

11-26 sold, installed, repaired or adjusted the device; and

11-27 (b) A statement requesting that the State Sealer of Weights and

11-28 Measures inspect the weighing or measuring device and seal or

11-29 mark it if it complies with the standards set forth in the regulations

11-30 adopted pursuant to NRS 581.050.

11-31 7. Any person required to register pursuant to subsection 1 who

11-32 employs any other person to make any repair or adjustment to a

11-33 weighing or measuring device is responsible for the registration of

11-34 that employee in the manner required by subsection 1.

11-35 8. The provisions of this section do not apply to a public utility

11-36 subject to the jurisdiction of the Public Utilities Commission of

11-37 Nevada.]

11-38 Sec. 35. Chapter 582 of NRS is hereby amended by adding

11-39 thereto the provisions set forth as sections 36 to 57, inclusive, of this

11-40 act.

11-41 Sec. 36. As used in this chapter, unless the context otherwise

11-42 requires, the words and terms defined in sections 37 to 40,

11-43 inclusive, of this act have the meanings ascribed to them in those

11-44 sections.

12-1 Sec. 37. “Division” means the Division of Measurement

12-2 Standards of the State Department of Agriculture.

12-3 Sec. 38. “Public weighing” means the weighing, measuring

12-4 or counting, upon request, of vehicles, property, produce,

12-5 commodities or articles other than those that the weigher or his

12-6 employer, if any, is either buying or selling.

12-7 Sec. 39. “Public weighmaster” means any person who

12-8 performs public weighing.

12-9 Sec. 40. “Vehicle” means any device other than a railroad

12-10 freight car in, upon or by which any property, produce, commodity

12-11 or article is or may be transported or drawn.

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

12-13 1. Enforce the provisions of this chapter;

12-14 2. Adopt regulations establishing a schedule of civil penalties

12-15 for any violation of this chapter;

12-16 3. Adopt reasonable regulations for the enforcement of this

12-17 chapter; and

12-18 4. Adopt regulations relating to public weighing that include,

12-19 without limitation:

12-20 (a) The qualifications of an applicant for a license as a public

12-21 weighmaster;

12-22 (b) Requirements for the renewal of a license as a public

12-23 weighmaster;

12-24 (c) The period of validity of a license as a public weighmaster;

12-25 (d) Measurement practices that must be followed, including

12-26 the measurement or recording of tare weight;

12-27 (e) The required information to be submitted with or as part of

12-28 a certificate of weights and measures; and

12-29 (f) The period for which records must be kept.

12-30 Sec. 42. Except as otherwise provided in section 52 of this

12-31 act, to act as a public weighmaster, a person must receive a license

12-32 from the State Sealer of Weights and Measures. To qualify for a

12-33 license, a person must:

12-34 1. Be able to weigh and measure accurately;

12-35 2. Be able to generate correct certificates of weights and

12-36 measures; and

12-37 3. Possess such other qualifications as required by the

12-38 regulations adopted pursuant to this chapter.

12-39 Sec. 43. An applicant for a license as a public weighmaster

12-40 must furnish evidence on a form provided by the State Sealer of

12-41 Weights and Measures that he has the qualifications required by

12-42 section 42 of this act.

13-1 Sec. 44. The State Sealer of Weights and Measures shall

13-2 determine the qualifications of an applicant for a license as a

13-3 public weighmaster based on:

13-4 1. The information provided on the application and any

13-5 supplementary information determined appropriate by the State

13-6 Sealer of Weights and Measures; and

13-7 2. The results of an examination of the knowledge of the

13-8 applicant.

13-9 Sec. 45. The State Sealer of Weights and Measures shall:

13-10 1. Grant licenses as public weighmasters to qualified

13-11 applicants; and

13-12 2. Keep a record of all applications submitted and all licenses

13-13 issued.

13-14 Sec. 46. 1. A certificate of weights and measures, when

13-15 properly filled out and signed, is prima facie evidence of the

13-16 accuracy of the measurements shown.

13-17 2. The design of and the information to be furnished on a

13-18 certificate of weights and measures must be prescribed by the State

13-19 Sealer of Weights and Measures by regulation, and include,

13-20 without limitation:

13-21 (a) The name and license number of the public weighmaster;

13-22 (b) The kind of commodity weighed, measured or counted;

13-23 (c) The name of the owner, agent or consignee of the

13-24 commodity;

13-25 (d) The name of the recipient of the commodity, if applicable;

13-26 (e) The date on which the certificate is issued;

13-27 (f) The consecutive number of the certificate;

13-28 (g) The identification, including any identification number, of

13-29 the carrier transporting the commodity, and the identification

13-30 number or license number of the vehicle;

13-31 (h) Any relevant information needed to distinguish or identify

13-32 the commodity from a like kind;

13-33 (i) The number of units of the commodity, if applicable;

13-34 (j) The measure of the commodity, if applicable;

13-35 (k) The weight or mass of the commodity and the vehicle or

13-36 container, if applicable, as follows:

13-37 (1) The gross weight of the commodity and the associated

13-38 vehicle or container;

13-39 (2) The tare weight of the unladened vehicle or container;

13-40 or

13-41 (3) Both the gross and tare weight and the resultant net

13-42 weight of the commodity; and

13-43 (l) The signature of the public weighmaster who determined

13-44 the weight, measure or count.

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

14-2 measures, a public weighmaster:

14-3 (a) Shall enter the measurement values so that the certificate

14-4 clearly shows that the measurements were actually determined;

14-5 (b) Shall enter only the measurement values personally

14-6 determined; and

14-7 (c) Shall not enter any measurement values determined by

14-8 other persons.

14-9 2. If the certificate of weights and measures provides for

14-10 entries of gross, tare or net weight or measure, the public

14-11 weighmaster shall:

14-12 (a) Strike out or otherwise cancel the printed entries for the

14-13 values not determined; or

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

14-15 the same date shown on the certificate, enter on the certificate the

14-16 scale and date on which the values were determined.

14-17 Sec. 48. A public weighmaster shall only use measurement

14-18 practices and equipment:

14-19 1. In accordance with the provisions of this chapter and any

14-20 regulations adopted pursuant thereto; and

14-21 2. That have been examined, tested and approved for use by

14-22 an authorized employee of the Division.

14-23 Sec. 49. 1. Except as otherwise provided in subsection 2:

14-24 (a) A public weighmaster shall not weigh a vehicle or

14-25 combination of vehicles when part of the vehicle or connected

14-26 combination is not resting fully, completely and as one entire unit

14-27 on the scale.

14-28 (b) When weighing a combination of vehicles that will not rest

14-29 fully, completely and as one complete unit on the scale platform:

14-30 (1) The combination of vehicles must be disconnected and

14-31 weighed in single drafts; and

14-32 (2) The weights of the single drafts may be combined in

14-33 order to issue a single certificate of weights and measures for the

14-34 combination, provided that the certificate indicates that the total

14-35 represents a combination of single draft weighings.

14-36 2. A public weighmaster who operates a vehicle scale that

14-37 was installed before January 1, 2004, may apply to the State

14-38 Sealer of Weights and Measures for a permanent variance from

14-39 the requirements of subsection 1 that would allow the split

14-40 weighing of certain vehicles or combinations of vehicles. The

14-41 request must contain:

14-42 (a) The name, address and telephone number of the public

14-43 weighmaster and the reason for the request.

14-44 (b) The name of the manufacturer, and the type, location, deck

14-45 length, serial number and capacity, of the vehicle scale.

15-1 (c) The maximum distance between the front and rear outer

15-2 axles of a vehicle or combination of vehicles to which the variance

15-3 would apply.

15-4 (d) A statement certifying that, during the split weighing of

15-5 any vehicle or combination of vehicles, the public weighmaster

15-6 will verify that:

15-7 (1) Each axle of the vehicle or combination of vehicles rests

15-8 on a straight surface which is level with the deck of the vehicle

15-9 scale or which, if not level, the amount by which it is out of level

15-10 does not exceed 1/3 inch per foot of distance between the deck of

15-11 the vehicle scale and the axle;

15-12 (2) The brakes of the vehicle or combination of vehicles are

15-13 not used; and

15-14 (3) The transmission of the vehicle or combination of

15-15 vehicles is in neutral.

15-16 Sec. 50. A public weighmaster shall keep and preserve a

15-17 legible copy of each certificate of weights and measures which he

15-18 issues for the period specified by the State Sealer of Weights and

15-19 Measures by regulation. The certificates must be available for

15-20 inspection by an authorized employee of the Division during

15-21 normal office hours.

15-22 Sec. 51. The State Sealer of Weights and Measures may

15-23 recognize and accept certificates of weights and measures issued

15-24 by licensed public weighmasters of any other state if that other

15-25 state recognizes and accepts certificates of weights and measures

15-26 issued by licensed public weighmasters of this state.

15-27 Sec. 52. 1. Except as otherwise provided in this section, the

15-28 following persons may, but are not required to, obtain licenses as

15-29 public weighmasters to engage in public weighing:

15-30 (a) A law enforcement or weights and measures officer or

15-31 other qualified employee of the State, a city or a county agency or

15-32 institution when acting within the scope of his official duties.

15-33 (b) A person weighing property, produce, commodities or

15-34 articles:

15-35 (1) That he or his employer is buying or selling; or

15-36 (2) In conformity with the requirements of federal statutes

15-37 or the statutes of this state relating to warehousemen or

15-38 processors.

15-39 2. A person described in subsection 1 shall not issue a

15-40 certificate of weights and measures unless he holds a license as a

15-41 public weighmaster.

15-42 Sec. 53. 1. A person shall not:

15-43 (a) Except as otherwise provided in section 52 of this act, act

15-44 as a public weighmaster without a valid license, including, without

15-45 limitation:

16-1 (1) Assuming the title of public weighmaster or any similar

16-2 title;

16-3 (2) Performing the duties or acts to be performed by a

16-4 public weighmaster;

16-5 (3) Holding himself out as a public weighmaster;

16-6 (4) Issuing any certificate of weights and measures, ticket,

16-7 memorandum or statement for which a fee is charged; or

16-8 (5) Engaging in a full-time or part-time business of

16-9 measuring for hire;

16-10 (b) Use or operate any device for purposes of certification that

16-11 does not meet, or is not operated in accordance with, the

16-12 provisions of chapter 581 of NRS and any regulations adopted

16-13 pursuant thereto relating to the specifications, tolerances and

16-14 other technical requirements for weighing and measuring devices;

16-15 (c) Falsify a certificate of weights and measures or falsely

16-16 certify any gross, tare or net weight or measure required by this

16-17 chapter to be on the certificate;

16-18 (d) Refuse without cause to weigh or measure any article or

16-19 thing which is his duty to weigh or measure, or refuse to state in

16-20 any certificate anything required to be therein;

16-21 (e) Hinder or obstruct in any way the State Sealer of Weights

16-22 and Measures or his authorized agent in the performance of the

16-23 official duties of the State Sealer of Weights and Measures under

16-24 this chapter;

16-25 (f) Violate any provision of this chapter or any regulation

16-26 adopted pursuant thereto;

16-27 (g) Delegate his authority to a person not licensed as a public

16-28 weighmaster;

16-29 (h) Request a false certificate of weights and measures, or

16-30 request a public weighmaster to weigh, measure or count property

16-31 or produce, or a vehicle, commodity or any other article falsely or

16-32 incorrectly;

16-33 (i) Issue a certificate simulating the certificate of weights of

16-34 measures issued pursuant to this chapter; or

16-35 (j) Use or have in his possession a device for weighing and

16-36 measuring which has been altered to facilitate fraud.

16-37 2. A person who violates any provision of this section is, in

16-38 addition to any criminal penalty that may be imposed, subject to a

16-39 civil penalty in accordance with the schedule of civil penalties

16-40 established by the State Sealer of Weights and Measures pursuant

16-41 to section 41 of this act.

16-42 Sec. 54. The State Sealer of Weights and Measures may

16-43 suspend or revoke the license of a public weighmaster:

16-44 1. When, following a hearing held after 10 days’ notice to the

16-45 licensee, the State Sealer of Weights and Measures is satisfied that

17-1 the licensee has violated a provision of this chapter or any

17-2 regulation adopted pursuant thereto;

17-3 2. When the licensee has been convicted in a court of

17-4 competent jurisdiction of violating a provision of this chapter or

17-5 any regulation adopted pursuant thereto; or

17-6 3. When the licensee is convicted of a felony.

17-7 Sec. 55. 1. A person subject to a civil penalty may request

17-8 an administrative hearing within 10 days after receipt of the notice

17-9 of the civil penalty. The State Sealer of Weights and Measures or

17-10 his designee shall conduct the hearing after giving appropriate

17-11 notice to the respondent. The decision of the State Sealer of

17-12 Weights and Measures or his designee is subject to appropriate

17-13 judicial review.

17-14 2. If the respondent has exhausted his administrative appeals

17-15 and the civil penalty has been upheld, he shall pay the civil

17-16 penalty:

17-17 (a) If no petition for judicial review is filed pursuant to NRS

17-18 233B.130, within 40 days after the final decision of the State

17-19 Sealer of Weights and Measures; or

17-20 (b) If a petition for judicial review is filed pursuant to NRS

17-21 233B.130 and the civil penalty is upheld within 10 days after the

17-22 effective date of the final decision of the court.

17-23 3. If the respondent fails to pay the civil penalty, a civil action

17-24 may be brought by the State Sealer of Weights and Measures in

17-25 any court of competent jurisdiction to recover the civil penalty. All

17-26 civil penalties collected pursuant to this chapter must be remitted

17-27 to the county treasurer of the county in which the violation

17-28 occurred for credit to the county school district fund.

17-29 Sec. 56. 1. Except as otherwise provided in subsection 2, a

17-30 person who by himself, by his servant or agent, or as the servant

17-31 or agent of another person violates any provision of this chapter is

17-32 guilty of a gross misdemeanor and shall be punished by

17-33 imprisonment in the county jail for not less than 6 months or more

17-34 than 1 year, or by a fine of not less than $1,000 or more than

17-35 $5,000, or by both fine and imprisonment.

17-36 2. A person who by himself, by his servant or agent, or as the

17-37 servant or agent of another person:

17-38 (a) Intentionally violates any provision of this chapter or any

17-39 regulation adopted pursuant thereto; or

17-40 (b) Is convicted pursuant to subsection 1 more than three times

17-41 in a 2-year period,

17-42 is guilty of a category E felony and shall be punished as provided

17-43 in NRS 193.130.

17-44 Sec. 57. The State Sealer of Weights and Measures may

17-45 apply to a court of competent jurisdiction for a restraining order,

18-1 or a temporary or permanent injunction, restraining a person

18-2 from violating any provision of this chapter or any regulation

18-3 adopted pursuant thereto.

18-4 Sec. 58. NRS 582.025 is hereby amended to read as follows:

18-5 582.025 The State Sealer of Weights and Measures may adopt

18-6 such regulations as are reasonably necessary to carry out the

18-7 provisions of this chapter. Any such regulations shall comply,

18-8 insofar as practicable, with specifications, tolerances and regulations

18-9 recommended by the National [Bureau of Standards.] Institute of

18-10 Standards and Technologies.

18-11 Sec. 59. NRS 582.030 is hereby amended to read as follows:

18-12 582.030 1. Any person may apply to the State Sealer of

18-13 Weights and Measures for [appointment] licensure as a public

18-14 weighmaster with authority to issue state certificates of weights and

18-15 measures upon which the purchase or sale of commodities or charge

18-16 for services or equipment will be based.

18-17 2. Before issuing a [certificate of appointment] license as a

18-18 public weighmaster, the State Sealer of Weights and Measures or his

18-19 deputy [shall:] must:

18-20 (a) Test all weighing apparatus to be used.

18-21 (b) Inspect the premises intended for such use.

18-22 (c) Satisfy himself that the applicant is in every way equipped,

18-23 qualified, competent and of such character that he should be

18-24 [appointed] issued a license as a public weighmaster.

18-25 Sec. 60. NRS 582.032 is hereby amended to read as follows:

18-26 582.032 1. An applicant for the issuance or renewal of a

18-27 [certificate of appointment] license as a public weighmaster shall

18-28 submit to the State Sealer of Weights and Measures the statement

18-29 prescribed by the Welfare Division of the Department of Human

18-30 Resources pursuant to NRS 425.520. The statement must be

18-31 completed and signed by the applicant.

18-32 2. The State Sealer of Weights and Measures shall include the

18-33 statement required pursuant to subsection 1 in:

18-34 (a) The application or any other forms that must be submitted

18-35 for the issuance or renewal of [the certificate of appointment;] a

18-36 license as a public weighmaster; or

18-37 (b) A separate form prescribed by the State Sealer of Weights

18-38 and Measures.

18-39 3. A [certificate of appointment] license as a public

18-40 weighmaster may not be issued or renewed by the State Sealer of

18-41 Weights and Measures pursuant to NRS 581.103 if the applicant:

18-42 (a) Fails to submit the statement required pursuant to subsection

18-43 1; or

18-44 (b) Indicates on the statement submitted pursuant to subsection

18-45 1 that he is subject to a court order for the support of a child and is

19-1 not in compliance with the order or a plan approved by the district

19-2 attorney or other public agency enforcing the order for the

19-3 repayment of the amount owed pursuant to the order.

19-4 4. If an applicant indicates on the statement submitted pursuant

19-5 to subsection 1 that he is subject to a court order for the support of a

19-6 child and is not in compliance with the order or a plan approved by

19-7 the district attorney or other public agency enforcing the order for

19-8 the repayment of the amount owed pursuant to the order, the State

19-9 Sealer of Weights and Measures shall advise the applicant to contact

19-10 the district attorney or other public agency enforcing the order to

19-11 determine the actions that the applicant may take to satisfy the

19-12 arrearage.

19-13 Sec. 61. NRS 582.034 is hereby amended to read as follows:

19-14 582.034 An application for a [certificate of appointment]

19-15 license as a public weighmaster must include the social security

19-16 number of the applicant.

19-17 Sec. 62. NRS 582.040 is hereby amended to read as follows:

19-18 582.040 If satisfied with the qualifications of the applicant, the

19-19 State Sealer of Weights and Measures shall issue a [certificate of

19-20 appointment] license as a public weighmaster, for which

19-21 [certificate] license he shall charge a fee established by regulation of

19-22 the State Board of Agriculture. [The certificate of appointment:

19-23 1. Is valid for the calendar year in which it is issued.

19-24 2. May be renewed each year upon application to the State

19-25 Sealer of Weights and Measures on or before the last day of

19-26 January. The application must be accompanied by a fee established

19-27 by regulation of the State Board of Agriculture.]

19-28 Sec. 63. NRS 582.045 is hereby amended to read as follows:

19-29 582.045 1. If the State Sealer of Weights and Measures

19-30 receives a copy of a court order issued pursuant to NRS 425.540 that

19-31 provides for the suspension of all professional, occupational and

19-32 recreational licenses, certificates and permits issued to a person who

19-33 is [the holder of a certificate of appointment] licensed as a public

19-34 weighmaster, the State Sealer of Weights and Measures shall deem

19-35 the [certificate] license to be suspended at the end of the 30th day

19-36 after the date on which the court order was issued unless he receives

19-37 a letter issued to the [holder of the certificate] licensee by the

19-38 district attorney or other public agency pursuant to NRS 425.550

19-39 stating that the [holder of the certificate] licensee has complied with

19-40 the subpoena or warrant or has satisfied the arrearage pursuant to

19-41 NRS 425.560.

19-42 2. The State Sealer of Weights and Measures shall reinstate a

19-43 [certificate of appointment] license as a public weighmaster

19-44 suspended by a district court pursuant to NRS 425.540 if the State

19-45 Sealer of Weights and Measures receives a letter issued by the

20-1 district attorney or other public agency pursuant to NRS 425.550 to

20-2 the person whose [certificate] license was suspended stating that the

20-3 person whose [certificate] license was suspended has complied with

20-4 the subpoena or warrant or has satisfied the arrearage pursuant to

20-5 NRS 425.560.

20-6 Sec. 64. NRS 590.063 is hereby amended to read as follows:

20-7 590.063 1. The use of pumps or other devices which are

20-8 capable of withdrawing gasoline from each of two tanks containing

20-9 different qualities of the same petroleum product and dispensing

20-10 them as a single combined product must be authorized if the

20-11 Division of Measurement Standards of the State Department of

20-12 Agriculture determines that all of the following conditions exist:

20-13 (a) The device mechanism accurately measures the quantities of

20-14 the gasoline being simultaneously withdrawn from each of the two

20-15 tanks and the quantity dispensed.

20-16 (b) The device mechanism accurately and visibly records and

20-17 displays the resulting combined quality, the total quantity, the price

20-18 per gallon for the particular quality combination being dispensed,

20-19 and the total price of the quantity of gasoline dispensed at the

20-20 particular sale.

20-21 (c) The device has a locking selector mechanism which prevents

20-22 the changing of the proportion of the two qualities being combined

20-23 during the dispensing of the desired quantity.

20-24 2. The provisions of this section authorize the operation of a

20-25 blending type of pump connected to two tanks containing two

20-26 different grades of the same product, which, if blended together in

20-27 different proportions, will produce gasoline of different octane

20-28 rating, each blend of which meets the specifications for gasoline as

20-29 required by this chapter.

20-30 Sec. 65. NRS 590.065 is hereby amended to read as follows:

20-31 590.065 1. The use of pumps or other devices which are

20-32 capable of withdrawing gasoline from one tank containing gasoline

20-33 and another tank containing motor oil and dispensing them as a

20-34 single combined product and of withdrawing gasoline alone from

20-35 the tank containing gasoline must be authorized if the Division of

20-36 Measurement Standards of the State Department of Agriculture

20-37 determines that all of the following conditions exist:

20-38 (a) The device mechanism accurately measures the quantities

20-39 being simultaneously withdrawn for dispensing as a combined

20-40 product from each of the two tanks when the combined product is

20-41 dispensed, and the quantity being dispensed from the gasoline tank

20-42 alone when gasoline alone is dispensed.

20-43 (b) The device mechanism accurately and visibly records and

20-44 displays the ratio of gasoline to motor oil, the quantity of each

20-45 ingredient being dispensed, the price per gallon for gasoline being

21-1 dispensed and the price per quart for motor oil being dispensed, or a

21-2 device the mechanism of which accurately and visibly records and

21-3 displays the ratio of gasoline to motor oil, the total volume of the oil

21-4 and gasoline mixture delivered, and computes the total cost based

21-5 upon the price set for the finished blend.

21-6 (c) The device mechanism prevents the changing of the ratio of

21-7 gasoline to motor oil during dispensing.

21-8 (d) There is firmly attached to or painted upon the device

21-9 mechanism panel a sign or label plainly visible consisting of the

21-10 words “outboard motor fuel” in letters not less than one-half inch in

21-11 height, together with the brand, trademark or trade name of the

21-12 product, which must be in letters of not less than one-half inch in

21-13 height.

21-14 2. The provisions of this section authorize the operation of a

21-15 blending type of pump connected to two tanks, one containing

21-16 motor oil and the other gasoline, but only if the motor oil in its

21-17 separate state meets the specifications for lubricating oil as required

21-18 by NRS 590.080, and the gasoline in its separate state meets the

21-19 specifications for gasoline as required by NRS 590.070.

21-20 Sec. 66. NRS 590.090 is hereby amended to read as follows:

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

21-22 or employee thereof, to sell, offer for sale, or assist in the sale of or

21-23 permit to be sold or offered for sale any petroleum or petroleum

21-24 product to be used for heating purposes, unless the petroleum or

21-25 petroleum product conforms to the most recent standards adopted by

21-26 [the American Society for Testing and Materials.] ASTM

21-27 International.

21-28 2. All bulk storage tanks, dispensers and petroleum tank truck

21-29 compartment outlets containing or dispensing heating fuel must be

21-30 labeled with the brand name and the grade designation of the

21-31 heating fuel.

21-32 3. A person shall not use the numerical grade designation for

21-33 heating fuels adopted by [the American Society for Testing and

21-34 Materials] ASTM International unless the designation conforms to

21-35 that designation. Persons using a designation other than the

21-36 numerical grade designation adopted by [the American Society for

21-37 Testing and Materials] ASTM International must file with the

21-38 Division of Measurement Standards of the State Department of

21-39 Agriculture the designation to be used together with its

21-40 corresponding grade designation of [the American Society for

21-41 Testing and Materials.] ASTM International.

21-42 Sec. 67. Chapter 561 of NRS is hereby amended by adding

21-43 thereto a new section to read as follows:

21-44 1. The Division of Measurement Standards is hereby created

21-45 within the Department. The Director shall appoint an

22-1 Administrator of the Division who shall administer all activities

22-2 and services of the Division.

22-3 2. The Division of Measurement Standards shall administer

22-4 and enforce the provisions of chapters 581 and 582 of NRS and

22-5 NRS 590.010 to 590.450, inclusive.

22-6 Sec. 68. NRS 581.004, 581.005, 581.055, 581.060, 581.070,

22-7 581.080, 581.090, 581.104, 581.105, 581.110, 581.120, 581.140,

22-8 581.150, 581.160, 581.170, 581.180, 581.190, 581.200, 581.210,

22-9 581.220, 581.230, 581.240, 581.250, 581.260, 581.270, 581.280,

22-10 581.290, 581.300, 581.303, 581.307, 581.310, 581.330, 581.340,

22-11 581.350, 581.360, 581.370, 581.380, 581.390, 581.400, 581.405,

22-12 581.410, 581.420, 581.430, 581.440, 581.450, 581.460, 582.010,

22-13 582.050, 582.060, 582.080, 582.090, 582.100, 582.105, 582.110,

22-14 582.120, 582.130, 582.140, 582.150, 582.160, 582.170 and 582.180

22-15 are hereby repealed.

22-16 Sec. 69. Any regulations adopted by an officer or agency

22-17 whose responsibilities have been transferred pursuant to the

22-18 provisions of this act to another officer or agency remain in force

22-19 until amended by the officer or agency to which the responsibility

22-20 for the adoption of the regulations is transferred.

22-21 Sec. 70. 1. This act becomes effective upon passage and

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

22-23 out the provisions of this act and on January 1, 2004, for all other

22-24 purposes.

22-25 2. Sections 34, 60, 61 and 63 of this act expire by limitation on

22-26 the date on which the provisions of 42 U.S.C. § 666 requiring each

22-27 state to establish procedures under which the state has authority to

22-28 withhold or suspend, or to restrict the use of, professional,

22-29 occupational and recreational licenses of persons who:

22-30 (a) Have failed to comply with a subpoena or warrant relating to

22-31 a procedure to determine the paternity of a child or to establish or

22-32 enforce an obligation for the support of a child; or

22-33 (b) Are in arrears in the payment for the support of one or more

22-34 children,

22-35 are repealed by the Congress of the United States.

22-36 LEADLINES OF REPEALED SECTIONS

22-37 581.004 “Council” defined.

22-38 581.005 “Incorrect” defined.

22-39 581.055 Enforcement of chapter by State Sealer of Weights

22-40 and Measures: Regulations; administrative fines; order

23-1 requiring correction of violation of chapter; investigation or

23-2 filing of criminal complaint by district attorney.

23-3 581.060 Records.

23-4 581.070 Powers and duties of State Sealer of Weights and

23-5 Measures.

23-6 581.080 Sealing or marking of weights, measures and

23-7 weighing or measuring devices.

23-8 581.090 Seizure and condemnation of incorrect weights;

23-9 destruction; repair; unlawful acts.

23-10 581.104 Authorization of certain persons to test and repair

23-11 or adjust devices used only to weigh or measure propane; notice

23-12 to State Sealer of Weights and Measures of sealing or marking

23-13 of device and compliance of device with regulations.

23-14 581.105 Notice of purchase, installation or use of weight,

23-15 measure or device for commercial purposes; penalty.

23-16 581.110 State Standards: Approval by National Bureau of

23-17 Standards; custody; safekeeping.

23-18 581.120 Office and Field Standards: State to supply

23-19 equipment necessary to carry out provisions of chapter;

23-20 verification.

23-21 581.140 Standard units of weights and measures.

23-22 581.150 Avoirdupois and troy weights are basis for other

23-23 standards of weight.

23-24 581.160 Divisions and multiples of avoirdupois pound.

23-25 581.170 Divisions of troy pound.

23-26 581.180 Divisions of apothecary’s pound.

23-27 581.190 Sale of commodity sold by ton or fraction thereof:

23-28 Duty of seller to give full weight; rate of pounds to ton.

23-29 581.200 Standard gallon is unit of capacity for liquids;

23-30 divisions of standard gallon.

23-31 581.210 Barrel; hogshead.

23-32 581.220 Standard half bushel is unit of capacity for

23-33 substances other than liquids; divisions of standard half bushel.

23-34 581.230 Standard weights of grain per bushel.

23-35 581.240 Standard yard is basic measure of extension.

23-36 581.250 Divisions of yard.

23-37 581.260 Rod; pole; perch; mile; chain; link.

23-38 581.270 Acre of land to be measured horizontally; divisions

23-39 of acre and square mile.

23-40 581.280 Standard cord of firewood.

23-41 581.290 Standard units or metric system of weights and

23-42 measures must be used to designate weight, length and liquid

23-43 measure.

24-1 581.300 Packaging of commodity or article of merchandise

24-2 without designation of correct weight, measure or numerical

24-3 count unlawful; exception.

24-4 581.303 Declaration of price per single unit of weight,

24-5 measure or count required on certain packages of commodities.

24-6 581.307 Declaration of basic quantity or net quantity of

24-7 contents required when price advertised; contents of

24-8 declaration.

24-9 581.310 Box or carton used for shipping not required to

24-10 bear weight or measure of contents.

24-11 581.330 Net weights of containers for flour, cornmeal and

24-12 hominy.

24-13 581.340 Deceptive construction prohibited.

24-14 581.350 Exemption upon compliance with federal law or

24-15 regulation.

24-16 581.360 Unavoidable discrepancy between actual weight

24-17 and weight marked on container does not constitute violation of

24-18 chapter.

24-19 581.370 Standard loaf of bread; standard weights of loaves.

24-20 581.380 Butter and oleomargarine: Sales by weight;

24-21 standard sizes.

24-22 581.390 Sale of fish, meat or dressed poultry in manner

24-23 other than by weight unlawful; exception.

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

24-25 by weight or container unlawful.

24-26 581.405 Use of volume correction factor tables or

24-27 temperature compensating meters by vendors; regulations;

24-28 penalties.

24-29 581.410 Making or giving false or short weight or measure.

24-30 581.420 Misrepresentation of merchandise.

24-31 581.430 Hindering or obstructing State Sealer of Weights

24-32 and Measures, deputies or inspectors.

24-33 581.440 Omission or failure of officer, agent or employee of

24-34 corporation or association deemed omission or failure of

24-35 corporation or association.

24-36 581.450 Criminal penalties; recovery of costs of criminal

24-37 proceedings.

24-38 581.460 Prosecution of violations by district attorney.

24-39 582.010 “Net weight” defined.

24-40 582.050 Suspension or revocation of certificate of

24-41 appointment: Grounds; return of seal and certificates.

24-42 582.060 Bond of public weighmaster; automatic suspension

24-43 of certificate of appointment when bond cancelled.

24-44 582.080 Certificate of weights and measures.

25-1 582.090 Fees of public weighmasters and Department of

25-2 Motor Vehicles.

25-3 582.100 Books of certificates of weight: Compilation;

25-4 issuance; cost.

25-5 582.105 Forms for certificates of weight remain state

25-6 property while in custody of weighmaster; return of unused

25-7 forms upon termination of appointment.

25-8 582.110 Deputy public weighmaster: Designation;

25-9 employment; responsibility of public weighmaster; condition

25-10 upon issuance of certificate of weight by weighmaster or deputy

25-11 based on information recorded by another.

25-12 582.120 Records of public weighmaster: Contents;

25-13 inspection; preservation.

25-14 582.130 Weight of commodity sold subject to

25-15 weighmaster’s weight must be true net weight.

25-16 582.140 Disputes concerning correctness of weight:

25-17 Procedure for reweighing; payment of costs.

25-18 582.150 Liability of corporation or association for act of

25-19 officer, agent or employee.

25-20 582.160 Unlawful issuance or possession of certificate of

25-21 weight.

25-22 582.170 Encouraging false weighing or issuance of false

25-23 certificate of weight and giving false information unlawful.

25-24 582.180 Penalty.

25-25 H