18786298, 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: 18786298

Notice of Proposed Rule

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:

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.  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 ASTM International document versions adopted in this rule; 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.

SUMMARY:

This proposed rule 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 proposed rule 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 ASTM International document versions adopted in this rule; update the permitting section to reflect new devices now being used in the marketplace; update the penalty sections; update department form references and update 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:

3/29/2017 Vol. 43/61

COMMENTS:

From 3/29/2017 To 4/19/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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