Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › WEIGHTS AND MEASURES › Chapter 80-13-6 - ADOPTION OF NATIONAL STANDARDS FOR WEIGHING AND MEASURING DEVICES; REGISTRATION REQUIREMENTS FOR WEIGHING AND MEASURING DEVICES AND FEES THEREFOR › Section 80-13-6-.05 - Penalty For Failure To Operate, Use, Or Possess Weighing And Measuring Devices Not In Compliance With Current Laws And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any individual or entity found in
				violation of any portion of the
Code of Ala. 1975
, as
				amended, and the Alabama Administrative Code relating to the operation, use, or
				possession of a weighing and measuring device shall be placed under written
				notice of violation by the Commissioner of Agriculture and Industries or his or
				her duly authorized agents. Said individual or entity will have thirty days
				from the date of violation notice to comply with this regulation. If, said
				individual or entity fails to comply with this regulation, they shall be
				immediately subject to any and all penalties relating to weights and measures
				provided for in the
Code of Ala. 1975
, as amended or
				the Alabama Administrative Code.
(2) Any individual or entity found to be in
				violation of this chapter or any portion of Title 8, Chapter 16 of the
Code of Ala. 1975
, as amended, shall be subject to a
				fine of $500.00 per occurrence for the first violation within a twelve (12)
				month period. Subsequent violations at the same physical location during the
				same twelve (12) month period shall result in a fine of twice the amount of the
				previous fine, not to exceed $8,000.00.
(3) Any individual or entity possessing and
				operating a liquid petroleum measuring device that has not been serviced or
				calibrated within the past two fiscal years shall be immediately subject to a
				fine of $5,000 per location. In this situation, the Department may audit the
				individual or entity possessing and operating the noncompliant liquid petroleum
				measuring device for the past six fiscal years and fine the individual or
				entity $5,000.00 per year for noncompliance with the annual servicing and
				calibrating requirement in Ala. Admin.
Rule
				  80-13-6-.04.
				  The maximum fine allowable under this section is $25,000.00 per
				  location.
Example 1: If it is discovered during the 2022 fiscal year
				  that a device was not serviced or calibrated during fiscal year 2021, but was
				  serviced and calibrated during the 2020 fiscal year, the individual or entity
				  possessing or operating the measuring device will be given thirty days to have
				  the device serviced and calibrated or be fined in accordance with
				  80-13-6-.05(1).
Example 2: If it is discovered during the 2022 fiscal year
				  that a device was not serviced and calibrated during FY2020 nor FY2021, the
				  individual or entity possessing or operating that device is immediately subject
				  to a fine of $5,000.00.
Example 3: If it is discovered during the 2022 fiscal year
				  that a device was not serviced and calibrated during FY2016, FY2017, FY2018,
				  FY2019, FY2020 nor FY2021, the individual or entity possessing or operating
				  that device is immediately subject to a fine of $25,000.00.
Authors:
Patrick B. Moody, N. Gunter Guy,
					 Jr.
Statutory Authority:
Code of Ala.
					 1975
, §§
											8-16-7,
					 8-16-18.