Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.21-003 - Arkansas State Plant Board Regarding the Adoption of the National Institute of Standards and Technology (NIST) Handbooks

Current through Register Vol. 49, No. 6, June, 2024
Adoption of NIST Handbook
				44
The Arkansas State Plant Board (State Plant Board) hereby
				adopts the NIST Handbook 44, as amended from time to time by the National
				Conference on Weights and Measures (NCWM), as the uniform standards regarding
				the regulation of specifications, tolerances, and other technical requirements
				for weighing and measuring devices to be enforced by the Arkansas Bureau of
				Standards.
Adoption of NIST Handbook
				112
The State Plant Board hereby adopts the NIST Handbook 112, as
				amended from time to time by the NCWM, as the uniform standards regarding the
				procedures for commercial weighing and measuring devices to be enforced by the
				Arkansas Bureau of Standards.
Adoption of NIST Handbook
				130
The State Plant Board hereby adopts the NIST Handbook 130, as
				amended from time to time by the NCWM, as the uniform standards regarding the
				regulation of legal metrology and engine fuel quality to be enforced by the
				Arkansas Bureau of Standards.
Notwithstanding the provisions of the NIST Handbook 130, the
				Arkansas State Plant Board hereby adopts the following provisions regarding the
				regulation of legal metrology and engine fuel quality, which shall supersede
				any conflicting provisions within NIST Handbook 130:
Retail Dispenser Labeling of Fuel
				Ethanol
.
Each retail dispenser of fuel mixtures containing
				no more than ten (10) percentage denatured ethanol shall be labeled: "This fuel
				product may contain up to 10 percentage ethanol." Retail dispensers of fuel
				ethanol of more than ten (10) percentage ethanol shall be labeled with the
				capital letter E followed by the numerical value volume percent denatured
				ethanol and ending with the word "ethanol" (Example: E15 Ethanol).
Documentation
.
When
				products regulated by this rule are sold, an invoice, bill of lading, shipping
				paper, or other documentation must accompany each delivery other than a retail
				sale. This document must identify the quantity, the name of the product, the
				particular grade of the product, the applicable automotive fuel rating, and
				oxygenate type and content (if applicable), the name and address of the seller
				and buyer, and the date and time of the sale. Documentation must be retained at
				the retail establishment for a period not less than thirty (30) days.
Adoption of NIST Handbook
				133
The State Plant Board hereby adopts the NIST Handbook 133, as
				amended from time to time by the NCWM, as the uniform standards regarding the
				regulation of checking the net contents of packaged goods to be enforced by the
				Arkansas Bureau of Standards.
Violations
Any person that violates a provision of this rule or the
				standards contained in NIST Handbooks 44, 112, 130, or 133 shall be subject to
				enforcement action pursuant to the "Arkansas State Plant Board Bureau of
				Standards Enforcement Response Rule."
Effect on Existing
				Rules
This rule supersedes any prior rules promulgated by the
				Arkansas State Plant Board or Bureau of Standards pertaining to NIST Handbooks
				44, 112, 130, and 133.
Severability
If any court of competent jurisdiction finds provisions of this
				rule invalid or unenforceable, the remaining provisions shall not be affected
				or impaired and shall continue in force and effect as if the invalid provisions
				had not existed.