Sec. 16. (a) The state department may adopt emergency rules under IC 4-22-2-37.1 to establish standards for weights and measures to be used by the state department. A standard adopted under this section must be the same as or at least as effective as the standards adopted by the National Conference on Weights and Measures, including amendments to those standards in effect on June 30, 1993, and found in:

(1) Handbook 44: Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices;

Terms Used In Indiana Code 24-6-3-16

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • devices: as used in this chapter shall be construed to include all weights, scales, beams, mechanical devices, or other instruments. See Indiana Code 24-6-3-14
(2) Handbook 130: Chapter A, Uniform Packaging and Labeling Regulation;

(3) Handbook 130: Chapter B, Uniform Regulation for the Method of Sale of Commodities, except for Section 2.20; and

(4) Handbook 133: Checking the Net Contents of Packaged Goods;

all published by the National Institute of Standards and Technology.

     (b) The state department may determine when an amendment to federal standards described in subsection (a) has been adopted. If the state department determines that an amendment to the federal standards has been adopted, the state department may adopt emergency rules under IC 4-22-2-37.1 to amend the rules adopted by the state department under subsection (a). An emergency rule adopted under this subsection must provide a standard that is:

(1) the same as; or

(2) at least as effective as;

the amendment to the federal standards for weights and measures. An emergency rule adopted under this subsection must take effect not later than sixty (60) days after the date of publication of the amendment to the federal standards.

As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994, SEC.1.

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