Florida Regulations 5J-22.003: Uniform Regulations and Methods of Sale
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(1) The National Institute of Standards and Technology (NIST), Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, 2023 Edition, Sections: Uniform Packaging and Labeling Regulation; Uniform Regulation for National Type Evaluation; Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices; Examination Procedure for Price Verification; and Uniform Unit Pricing Regulation are hereby adopted and incorporated by reference. Uniform Regulation for the Method of Sale of Commodities is also adopted and incorporated by reference with the following exceptions: sections 2.20.1., 2.30., 2.31.1, 2.31.2., 2.31.4., 2.40., 2.40.1., and 2.40.2. Section 2.21 — Liquefied Petroleum Gas is adopted with the following amended language: All liquefied petroleum gas, including, but not limited to propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the pound, metered cubic foot of vapor (defined as 1 ft3 at 60 °F [15.6 °C]), or the gallon (defined as 231 in3 at 60 °F [15.6 °C]), with the exception of portable cylinders with a water capacity of 96 pounds or less. All metered sales by the gallon, except those using meters with a maximum rated capacity of 20 gal/min or less, shall be accomplished by use of a meter and device that automatically compensates for temperature. 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-15474. 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) All packages sold or offered for sale shall meet the packaging and labeling requirements adopted under this rule. Any package that fails to possess a declaration of identity, declaration of responsibility or declaration of quantity, as adopted in subsection (1), of this rule, shall be placed under stop sale order by the department. Once made to conform with the requirements adopted in subsection (1) of this rule, the packages shall be released by the department from the stop sale order.
(3) All weighing and measuring devices, including retail motor fuel dispensers, placed into service for the first time that will be used in commerce in the state must be approved through the National Type Evaluation Program (NTEP) and possess a valid Certificate of Conformance, issued by the National Conference on Weights and Measures, verifying such approval. Notwithstanding this requirement, a device for which an NTEP Certificate of Conformance has not been issued may be lawfully placed in service for commercial use if the following conditions are met:
(a) [0]The National Conference on Weights and Measures does not offer NTEP evaluation and Certificates of Conformance for the class of device, and no other similar devices have been granted NTEP approval; and [0]
[0](b) Written notification is received by the department prior to the device being placed in commercial service; and
(c) The notification is accompanied by documentation demonstrating that the performance and construction of the device is in conformance with the standards adopted in this rule chapter; and
(d) The device has been inspected and tested by the Bureau of Standards and has been found to comply with all other requirements set forth in Florida Statutes Chapter 531, and adopted in this rule chapter.
Any investigation or inspection in which the department determines a weighing or measuring device does not have a valid NTEP certificate or written approval from the Division of Consumer Services, shall result in the device being prohibited from further commercial use until a valid NTEP certificate or written approval has been obtained. The department shall prohibit the continued unauthorized use of the device. When the NTEP certificate or written approval has been obtained, the stop use order shall be released by the department.
(4) All service persons and service agencies servicing weighing or measuring devices used for commercial purposes that choose to operate under the provisions of Florida Statutes § 531.41(16), must register with the department using FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, hereby adopted and incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08523.
(a) There shall be no fee for registration.
(b) The certificate of registration for each serviceperson or service agency shall expire two years from the date of issuance.
(c) Standards and testing equipment used by servicepersons or service agencies in the service and testing functions shall be adequate and suitable for the intended use and shall be examined and recertified by an accredited metrology laboratory as recognized by the National Institute of Standards and Technology (NIST) at least every two years.
(d) Registered servicepersons and service agencies must comply with the requirements adopted in subsection 5J-22.003(1), F.A.C.
(e) Reporting of weighing and measuring devices restored to or placed in service as required by this rule shall be made on FDACS-03017, Placed in Service Report, Rev. 05/17, within 24 hours after a device is restored to service or placed in service, but not more than 10 days prior to the device being restored to service or placed in service. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08524.
(5) Weighing and measuring devices placed into service by unregistered persons and not in accordance with any exceptions provided by rule shall not be used in commerce. If such a device that is placed into service by the permitted owner only requires an electrical plug-in for installation and does not require calibration at the time of installation the device may be used after the department is notified.
(6) All commodities sold or offered for sale shall be in accordance with the Method of Sale requirements adopted under this rule. Any person ulitizing a method of sale that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be issued a notice of noncompliance by the department. The notice of noncompliance shall be considered satisfied once the method of sale is made to conform with the requirements adopted in subsection (1) of this rule.
(7) The pricing of commodities shall be verified by using the examination procedures for price verification adopted under this rule. Any pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the pricing is made to conform with the requirements adopted in subsection (1) of this rule.
(8) The unit pricing of commodities requirements shall not apply to any seller unless a system of unit pricing has been voluntarily established by the seller. Any unit pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the unit pricing is made to conform with the requirements adopted in subsection (1) of this rule.
Rulemaking Authority 531.40, 531.41(3),(4), (5), (16), 531.44(2) FS. Law Implemented 531.40, 531.41(3), (4), (5), (7), (16), 531.42, 531.44, 531.45, 531.47, 531.49 FS. History-New 8-17-17, Amended 2-8-21, 8-3-23.
(2) All packages sold or offered for sale shall meet the packaging and labeling requirements adopted under this rule. Any package that fails to possess a declaration of identity, declaration of responsibility or declaration of quantity, as adopted in subsection (1), of this rule, shall be placed under stop sale order by the department. Once made to conform with the requirements adopted in subsection (1) of this rule, the packages shall be released by the department from the stop sale order.
(3) All weighing and measuring devices, including retail motor fuel dispensers, placed into service for the first time that will be used in commerce in the state must be approved through the National Type Evaluation Program (NTEP) and possess a valid Certificate of Conformance, issued by the National Conference on Weights and Measures, verifying such approval. Notwithstanding this requirement, a device for which an NTEP Certificate of Conformance has not been issued may be lawfully placed in service for commercial use if the following conditions are met:
(a) [0]The National Conference on Weights and Measures does not offer NTEP evaluation and Certificates of Conformance for the class of device, and no other similar devices have been granted NTEP approval; and [0]
[0](b) Written notification is received by the department prior to the device being placed in commercial service; and
(c) The notification is accompanied by documentation demonstrating that the performance and construction of the device is in conformance with the standards adopted in this rule chapter; and
(d) The device has been inspected and tested by the Bureau of Standards and has been found to comply with all other requirements set forth in Florida Statutes Chapter 531, and adopted in this rule chapter.
Any investigation or inspection in which the department determines a weighing or measuring device does not have a valid NTEP certificate or written approval from the Division of Consumer Services, shall result in the device being prohibited from further commercial use until a valid NTEP certificate or written approval has been obtained. The department shall prohibit the continued unauthorized use of the device. When the NTEP certificate or written approval has been obtained, the stop use order shall be released by the department.
(4) All service persons and service agencies servicing weighing or measuring devices used for commercial purposes that choose to operate under the provisions of Florida Statutes § 531.41(16), must register with the department using FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, hereby adopted and incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08523.
(a) There shall be no fee for registration.
(b) The certificate of registration for each serviceperson or service agency shall expire two years from the date of issuance.
(c) Standards and testing equipment used by servicepersons or service agencies in the service and testing functions shall be adequate and suitable for the intended use and shall be examined and recertified by an accredited metrology laboratory as recognized by the National Institute of Standards and Technology (NIST) at least every two years.
(d) Registered servicepersons and service agencies must comply with the requirements adopted in subsection 5J-22.003(1), F.A.C.
(e) Reporting of weighing and measuring devices restored to or placed in service as required by this rule shall be made on FDACS-03017, Placed in Service Report, Rev. 05/17, within 24 hours after a device is restored to service or placed in service, but not more than 10 days prior to the device being restored to service or placed in service. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08524.
(5) Weighing and measuring devices placed into service by unregistered persons and not in accordance with any exceptions provided by rule shall not be used in commerce. If such a device that is placed into service by the permitted owner only requires an electrical plug-in for installation and does not require calibration at the time of installation the device may be used after the department is notified.
(6) All commodities sold or offered for sale shall be in accordance with the Method of Sale requirements adopted under this rule. Any person ulitizing a method of sale that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be issued a notice of noncompliance by the department. The notice of noncompliance shall be considered satisfied once the method of sale is made to conform with the requirements adopted in subsection (1) of this rule.
(7) The pricing of commodities shall be verified by using the examination procedures for price verification adopted under this rule. Any pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the pricing is made to conform with the requirements adopted in subsection (1) of this rule.
(8) The unit pricing of commodities requirements shall not apply to any seller unless a system of unit pricing has been voluntarily established by the seller. Any unit pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the unit pricing is made to conform with the requirements adopted in subsection (1) of this rule.
Rulemaking Authority 531.40, 531.41(3),(4), (5), (16), 531.44(2) FS. Law Implemented 531.40, 531.41(3), (4), (5), (7), (16), 531.42, 531.44, 531.45, 531.47, 531.49 FS. History-New 8-17-17, Amended 2-8-21, 8-3-23.