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-.03 - Registration Requirements For Weights And Measures And Fees Therefor

Current through Register Vol. 42, No. 9, June 28, 2024
Effective, October 1, 2004, any person, firm, incorporated
				  or unincorporated association or organization, corporation, partnership,
				  limited liability company, cooperative, two or more individuals having a joint
				  or common interest or other business entity that can identified by distinct
				  geographic location including, but not limited to subsidiaries, branches,
				  sub-stations or locations, affiliates and satellites possessing and
				  maintaining, a measuring device as defined herein, who is selling, offering or
				  exposing for sale any commodity, by weight or measure, as defined in §
									8-16-1 et seq,
Code of Ala. 1975
, as amended shall be considered a
				  separate and unique individual or entity and subject to this regulation. Each
				  such separate and unique individual or entity shall pay an annual registration
				  fee which shall be assessed by and become payable to the Department of
				  Agriculture and industries for any weighing or measuring device.
(a) Those devices designed to measure weight
				between 0 to 1000 pounds or the metric equivalent shall be considered
				lightweight medium duty scales. Each individual or entity employing the use of
				a lightweight medium duty scale in the normal course of its business or trade
				shall pay to the Commissioner of Agriculture and Industries a fee of $20.00 per
				each device, or in the alternative, shall pay an annual fee of $150.00 per
				business location.
(b) Those
				devices designed to measure weight between 1001 to 50,000 pounds or the metric
				equivalent shall be considered a medium duty scale. Each individual or entity
				employing the use of a medium duty scale in the normal course of its business
				or trade shall pay to the Commissioner of Agriculture and Industries a fee of
				$30.00 per each device, or in the alternative, shall pay an annual fee of
				$150.00 per business location.
(c)
				Those devices designed to measure weight between 50,001 to 400,000 pounds or
				the metric equivalent shall be considered a heavy duty scale. Each individual
				or entity employing the use of a heavy duty scale in the normal course of its
				business or trade shall pay to the Commissioner of Agriculture and Industries a
				fee of $50.00 per each device, or in the alternative, shall pay an annual fee
				of $150.00 per business location.
(d) Those devices designed to dispense any
				substance at a rate of 20 gallons or the metric equivalent or greater per
				minute shall be considered a high speed dispenser. Each individual or entity
				employing the use of a high speed dispenser in the normal course of its
				business or trade shall pay to the Commissioner of Agriculture and Industries a
				fee of $50.00 per each device, or in the alternative, shall pay an annual fee
				of $150.00 per business location. Nothing in this rule shall apply to those
				devices dispensing any substance at a rate of less than 20 gallons or metric
				equivalent per minute.
(e) Those
				devices utilized by commercial dairy farming entities designed to contain and
				dispense volumes of milk for introduction into commerce shall be considered a
				dairy milk tank. Each individual or entity employing the use of a dairy milk
				tank in the normal course of its business shall pay to the Commissioner of
				Agriculture and Industries a fee of $50.00 per each device, or in the
				alternative, shall pay an annual fee of $150.00 per business
				location.
(f) No individual or
				entity remitting any fees to the Alabama Department of Agriculture and
				Industries under Chapters 19, 21, 22, 23, or 26 of Title 2 of the
Code of Ala. 1975
, as amended other than nursery
				dealer fees found in
				80-10-1-.03(3) of the Alabama Administrative Code, fertilizer dealer fees found in
				80-1-6-.12(b) of the Alabama Administrative Code, or supplemental seed container sales fees
				found in
				80-11-1-.07(a) of the Alabama Administrative Code shall be required to pay in the aggregate an
				amount under this regulation in excess of $30.00 for any one twelve month
				period beginning October 1 and ending September 30.
(g) Scales and weighing devices utilized in
				livestock markets as defined in Chapter 15 of Title 2 of the
Code
				of Ala. 1975
, as amended shall be specifically exempt from this
				regulation.
(h) Any individual or
				entity found in violation of any portion of this regulation by the Alabama
				Department of Agriculture and Industries 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, after the
				expiration of said 30 day period, said individual or entity 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.
(i) All individuals or entities registering
				any of the devices listed in (b)and (c) above shall, at any and all times the
				registered device or devices is/are utilized, have on duty a weighmaster as
				outlined in §
									8-16-50 et seq of the
Code of Ala. 1975
, as amended. Beginning
				October 1, 2004, a fee of $20.00 payable to the Commissioner of Agriculture and
				Industries shall be assessed each person appointed or designated as a
				weighmaster. The certificate of appointment or designation provided for in
				§
									8-16-50(d) of the
Code of Ala. 1975
, as amended shall be
				prominently displayed in a conspicuous manner at the location where the device
				or devices is/are utilized.
(j)
				Governmental entities shall be exempt from the fees outlined
				hereinabove.
Author:
John P. Hagood, Patrick B.
					 Moody
Statutory Authority:
Code of Ala.
					 1975
, §§
											8-16-15,
					 8-16-51.