18204298, 5J-22.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18204298

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Chapter:

WEIGHTS AND MEASURES

Overview

RULE:

5J-22.001	Definitions
5J-22.002	Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices
5J-22.003	Uniform Regulations and Methods of Sale
5J-22.004	Net Contents of Packaged Goods
5J-22.005	Metrology Lab Fees
5J-22.006	Weighing and Measuring Device Permits
5J-22.007	Guidelines for Imposing Administrative Penalties

PURPOSE:

This rule development will update and condense Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., into a single rule chapter, creating Chapter 5J-22, F.A.C. The intent is to repeal Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., after the adoption of Chapter 5J-22, F.A.C. This rule development will also update the adopted versions of the National Institute of Standards and Technology (NIST) Handbooks 44, 130 and 133; clarify that weighing and measuring devices used in commerce in this state must have a certificate of conformance from the National Type Evaluation Program (NTEP) under the National Conference on Weights and Measures (NCWM); update adopted ASTM International documents; update the permitting section to reflect new devices now being used in the marketplace and to comply with 2016 legislative changes; update the penalty sections; update department form references and update optional metrology lab fees.

SUBJECT:

The rule development includes updating and condensing Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., into a single rule chapter, creating Chapter 5J-22, F.A.C. The intent is to repeal Rule Chapters 5F-1, 5F-3, 5F-4, 5F-5, 5F-7, 5F-12 and 5F-13, F.A.C., after the adoption of Chapter 5J-22, F.A.C. This rule development also includes updating the adopted versions of the National Institute of Standards and Technology (NIST) Handbooks 44, 130 and 133; clarifying that weighing and measuring devices used in commerce in this state must have a certificate of conformance from the National Type Evaluation Program (NTEP) under the National Conference on Weights and Measures (NCWM); updating adopted ASTM International documents; updating the permitting section to reflect new devices now being used in the marketplace; updating the penalty sections; updating department form references and updating optional metrology lab fees.

RULEMAKING AUTHORITY:

531.40, 531.41(3), (4), 531.44(2), 531.45, 531.66, 570.07(23) FS.

LAW:

531.40, 531.41(3), (4), (7), (13), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.49, 531.50, 531.60-66 FS.

PRINT PUBLISH DATE:

10/28/2016 Vol. 42/211

RELATED STATUTES
AND LAWS:

531.40, 531.41(3), (4), 531.44(2), 531.45, 531.66, 570.07(23) FS., 531.40, 531.41(3), (4), (7), (13), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.49, 531.50, 531.60-66 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5J-22.001&PDate=10/28/2016&Section=1

REFERENCE MATERIALS:

No reference(s).

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