| (1) |
Terms Used In Utah Code 4-9-118- Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102
- Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102
- Writing: includes :Utah Code 68-3-12.5
| (a) |
Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish rules providing for the registration of weights and measures users and issuance of certification of weights and measures devices to ensure the use of correct weights and measures in commerce or trade. |
| (b) |
The division may:
| (i) |
determine whether weights and measures are correct through:
| (A) |
inspection and testing by a department employee; or |
| (B) |
acceptance of an inspection and testing report prepared by a registered weights and measures service person; |
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| (ii) |
establish standards and qualifications for a registered weights and measures service person; and |
| (iii) |
determine the form and content of an inspection and testing report. |
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| (c) |
A weights and measures user shall register with the department. |
| (d) |
Before granting a registration to a weights and measures user, the department shall determine whether the weights and measures user complies with the rules established under Subsection (1)(a). |
| (e) |
An applicant shall register with the department in writing, using forms required by the department. |
| (f) |
The department shall issue a registration to an applicant if the department determines that the applicant meets the qualifications of registration established under Subsection (1)(a). |
| (g) |
If the applicant does not meet the qualifications of registration, the department shall notify the applicant, in writing, that the applicant’s registration is denied. |
| (h) |
| (i) |
If an applicant submits an incomplete application, a written notice of conditional denial of registration shall be provided to the applicant. |
| (ii) |
The applicant shall correct the deficiencies within the time period specified in the notice to receive a registration. |
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| (i) |
| (i) |
The department may, as provided under Subsection 4-2-103(2), charge the weights and measures user a registration fee. |
| (ii) |
The department shall retain the fees as dedicated credits and shall use the fees to administer the registration of weights and measures users. |
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| (2) |
| (a) |
A registration issued under this section shall be valid from the date the department issues the registration to December 31 of the year the registration is issued. |
| (b) |
A registration may be renewed for the following year by applying for renewal by December 31 of the year the registration expires. |
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| (3) |
A registration issued under this section shall specify:
| (a) |
the name and address of the weights and measures user; |
| (b) |
the registration issuance and expiration date; and |
| (c) |
the number and type of weights and measures devices to be certified. |
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| (4) |
| (a) |
The department may immediately suspend a registration issued under this section if any of the requirements of Section 4-9-116 are violated. |
| (b) |
| (i) |
The holder of a registration suspended under Subsection (4)(a) may apply for the reinstatement of a registration. |
| (ii) |
If the department determines that all requirements under Section 4-9-116 are being met, the department shall reinstate the registration. |
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| (5) |
| (a) |
A weights and measures user registered under this section shall allow the department access to the weights and measures user’s place of business to determine if the weights and measures user is complying with the registration requirements. |
| (b) |
If a weights and measures user denies access for an inspection required under Subsection (5)(a), the department may suspend the weights and measures user’s registration until the department is allowed access to the weights and measures user’s place of business. |
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Renumbered and Amended by Chapter 345, 2017 General Session
