(1) The National Institute of Standards and Technology (NIST) Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, 2023 Edition, is hereby adopted and incorporated by reference as the requirements for commercial weighing and measuring devices. A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference.asp?No=Ref-15473. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Office #200, Tallahassee, Florida 32399, Phone: (850)921-1570.
    (2) Any weighing or measuring device that fails to meet applicable tolerances, as adopted in this rule, shall be placed out of service by the department. Upon conformance with the requirements of this rule, the stop use order shall be released by the department.
    (3) Prohibited Devices. Any mobile petroleum measuring device or delivery system that uses a single measurement meter and/or hose for the delivery of multiple products or grades of products is prohibited. Notwithstanding this prohibition, the department shall authorize commercial use of such a device if:
    (a) A written request is received by the department prior to the device being placed in commercial service; and
    (b) The request provides documentation demonstrating that the performance and construction of the device is in conformance with the standards adopted in this rule chapter; and
    (c) The device has been inspected and tested by the Bureau of Standards and has been found to comply with the requirements adopted in Florida Statutes Chapter 531, and this rule chapter.
Rulemaking Authority 366.94, 531.40, 531.41(3), (5) FS. Law Implemented 366.94, 531.40, 531.41(5), 531.42 FS. History-New 8-17-17, Amended 2-8-21, 8-3-23.