Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.003 - Uniform Regulations and Methods of Sale

Current through Reg. 50, No. 138; July 16, 2024
(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 ºF [15.6 °C]), or the gallon
				(defined as 231 in3 at 60 ºF [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) 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
(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 Chapter 531, F.S., 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.