reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 10 - Liquefied Petroleum Gases › Section 2 CSR 90-10.160 - Appearances

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  attorneys filing appearances.
(1) A party may be represented by an attorney
				who is licensed in Missouri. All attorneys who appear in a representative
				capacity on behalf of a party must file entry of appearance setting forth-
(A) The name, address, telephone number, and
				Missouri Bar number of the attorney(s); and
(B) The name and address of the party
				represented.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 10 - Liquefied Petroleum Gases › Section 2 CSR 90-10.165 - Disciplinary Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  disciplinary action.
(1) When
				notified of facts sufficient to support disciplinary action against a
				respondent under the applicable statutes or rules, the commission may propose
				disciplinary action against a respondent. If the commission proposes
				disciplinary action, it shall notify the respondent of the disciplinary action
				proposed as provided by these rules or by law, including with the notification
				a proposed order for disciplinary action.
(2) The proposed order shall include a
				statement of facts supporting the disciplinary action, the rule or statutory
				section the respondent is being charged with violating, and the disciplinary
				action proposed. The director shall mail a copy of the proposed order by first
				class mail, postage prepaid to the respondent and certify to the date of
				mailing.
(3) Within thirty (30)
				days from the date of mailing of the proposed order, the respondent shall file
				his/her/its request for hearing by serving it on the director. If a request for
				hearing is not filed, the proposed order shall become a final order of the
				commission.
(4) The commission may
				authorize the director to investigate and to issue a proposed order for
				disciplinary action with regard to any applicant for or holder of a
				registration of the type that may be issued by the director.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 10 - Liquefied Petroleum Gases › Section 2 CSR 90-10.170 - Proceedings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for
				  conducting hearings.
(1) The
				commission may issue subpoenas and subpoenas duces tecum for the production of
				books, records, and other pertinent documents, or upon written request to
				appear and offer testimony.
(2)
				Discovery may be obtained by the same means and under the same conditions as in
				civil actions in the circuit court. Sanctions for abuse of the discovery
				process or failure to comply with commission orders regarding discovery shall
				be the same as those provided for in the rules of civil procedure.
(3) Any party may petition the commission to
				hold a prehearing conference at any time prior to the hearing.
(4) All prehearing conferences shall be held
				as directed by the commission or the hearing officer, and reasonable notice of
				the prehearing conference time shall be given to all parties
				involved.
(5) The burden of proof
				shall be upon the respondent to show cause by clear and convincing evidence why
				the proposed disciplinary action should not be ordered.
(6) All testimony shall be given under oath
				or affirmation.
(7) Petitioner may
				present an opening statement, and the commission shall present an opening
				statement on the merits. Petitioner proceeds first to present evidence, except
				in the case of disciplinary actions against respondents, in which case the
				commission shall present evidence first. The hearing officer shall then hear
				evidence from the other party and any evidence in rebuttal.
(8) Each party may conduct cross-examination
				of adverse witnesses.
(9) Both
				parties may present closing argument. The party who presented evidence first
				shall argue first, then the other party, followed by any rebuttal
				argument.
(10) The parties may
				request, or the hearing officer may require, that the parties submit
				briefs.
(11) Failure of the
				respondent to appear at the hearing shall constitute an admission of all
				matters and facts alleged by the commission in its notice of disciplinary
				action and a waiver of the respondent's right to a hearing, but the commission
				in its discretion may nevertheless order a hearing.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 10 - Liquefied Petroleum Gases › Section 2 CSR 90-10.175 - Settlements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  settlements and settlement offers.
(1) The parties may propose settlement
				agreements to the hearing officer or to the commission at any stage of the
				proceedings, including prior to the entry of a final order or prior to the
				commencement of the proceedings.
(2) All settlement agreements shall be in
				writing, signed by the parties, and accurately reflect all the terms of the
				settlement, including the facts agreed to by the parties constituting the
				grounds for the action proposed in the settlement.
(3) The settlement agreement shall be
				presented to the commission for its approval or disapproval. If the commission
				approves the settlement offer it will become the final commission order. If the
				commission disapproves the settlement offer the parties shall be notified and
				the settlement agreement and any documents solely relating to the offer shall
				not constitute part of the record.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 10 - Liquefied Petroleum Gases › Section 2 CSR 90-10.180 - Contents of the Record, Commission Order and Applications for Rehearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the contents of the
				  evidentiary record and procedures for issuance of the commission
				  order.
(1) The record shall
				consist of the following:
(A) The commission's
				notice to respondent, the request for hearing, all motions, rulings on the
				request for hearing, and all other matters;
(B) All evidence received;
(C) A statement of matters officially
				noticed;
(D) Offers of proof,
				objections, and ruling on them;
(E)
				All pleadings filed by either party;
(F) The transcript of the hearing; and
(G) All briefs filed by either
				party.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 11 - Anhydrous Ammonia › Section 2 CSR 90-11.010 - ANSI K611-1999, Safety Requirements for the Storage and Handling of Anhydrous Ammonia

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment adopts a more recent
				  version of ANSI K61.1 and removes duplicative language.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
Summary: The American National Standards Institute (ANSI),
				  Safety Requirements for the Storage and Handling of Anhydrous Ammonia,
				  publication No. K61.1-1999, is a guideline established for authorities charged
				  with regulating the storage, transportation and handling of anhydrous ammonia.
				  These requirements apply to the design, construction, repair, alteration,
				  location, installation or operation of anhydrous ammonia systems including
				  refrigerated ammonia storage systems. However, these requirements do not apply
				  to ammonia manufacturing plants, refrigeration plants where ammonia is used
				  solely as a refrigerant or ammonia transportation pipelines.
(1) The rule for the Division of Weights and
				Measures for safety requirements for anhydrous ammonia shall be those
				guidelines presented in the ANSI K61.1-1999, entitled Safety Requirements for
				the Storage and Handling of Anhydrous Ammonia.
(2) Cylinders and
				other portable containers used in anhydrous ammonia service shall be designed,
				fabricated, tested, constructed, marked, and placarded in accordance with the
				United States Department of Transportation Hazardous Materials regulations
				contained in 49 CFR parts 100 to 185, which are herein incorporated by
				reference, and approved for the storage and transportation of anhydrous
				ammonia. Each cylinder utilized for the storage and transportation of anhydrous
				ammonia shall be labeled, in a conspicuous location, with the words "ANHYDROUS
				AMMONIA" or "CAUTION: ANHYDROUS AMMONIA" and the UN number 1005 (UN
				1005).
*Original authority: 226.355, RSMo 1983, amended
					 1993.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 20 - Method of Sale for Products › Section 2 CSR 90-20.030 - Sale of Meat, Poultry and Seafood

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded August 11, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 20 - Method of Sale for Products › Section 2 CSR 90-20.040 - NIST Handbook 130, "Uniform Regulation for the Method of Sale of Commodities"

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates reference to the most
				  recent edition of
NIST Handbook 130
.
(1) The rule for the Division of Weights,
				Measures and Consumer Protection for method of sale of commodities incorporates
				by reference the section of the
NIST Handbook 130
, 2023
				edition, entitled "Uniform Regulation for the Method of Sale of Commodities,"
				except for section 2.20 related to
				gasolineoxygenate blends.
NIST Handbook 130
, 2023 edition, is
				published by the U.S. Government Publishing Office, October 2005. A copy of
				this material can be obtained free of charge online at NIST.gov or a hard copy
				may be purchased from the National Conference of Weights and Measures at
				NCWM.net. This regulation does not include any later amendments or additions to
NIST Handbook 130
.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995, 2002.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 21 - Weighing and Measuring Devices › Section 2 CSR 90-21.010 - Registration of Service persons and Service Agencies

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment will update the current
				  language of the regulation to include the most current issue of the NIST
				  Handbook 130, supplies definitions regarding registrations, and sets the cost
				  to register service agencies and service agency technicians.
(1) The rule for the Division of Weights,
				Measures and Consumer Protection for Voluntary Registration of Service persons
				and Service Agencies for Commercial Weighing and Measuring Devices shall
				incorporate by reference the section of the NIST Handbook 130, 2023 Edition,
				entitled "Uniform Regulation for the Voluntary Registration of Service persons
				and Service Agencies for Commercial Weighing and Measuring Devices." NIST
				Handbook 130, 2023 Edition, is published by the Superintendent of Documents,
				U.S. Government Publishing Office, and is available free of charge online at
				www.NIST.gov or a hard copy may be purchased from the National Conference on
				Weights and Measures at www.NCWM. net. This regulation does not include any
				later amendments or additions to NIST Handbook 130.
(2) For the purposes of this regulation, the
				following terms shall mean-
(A) Calibration
				certificate-a certificate that indicates a mass or volume standard has a
				traceable calibration.
(B)
				Registration card-a card issued by the Division of Weights, Measures and
				Consumer Protection that indicates a service person's name, registration
				number, date of issuance, scope of work the person is allowed to perform, and
				the expiration date of the calibration certificate associated with the person's
				equipment.
(C) Service agency-a
				company performing installation, repair, or calibration on a weighing or
				measuring device.
(D) Service
				work-installation, repair, or calibration performed on a weighing or measuring
				device that is placed into service for commercial purposes.
(E) Service person-an employee of a service
				agency performing installation, repair, or calibration on a weighing or
				measuring device.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 21 - Weighing and Measuring Devices › Section 2 CSR 90-21.025 - Intervals to Inspect and

Current through Register Vol. 49, No. 14, July 15, 2024
Test Commercial Weighing and Measuring
				  Devices
PURPOSE: This rule sets intervals at which commercial
				  devices will be inspected and tested.
(1) Pursuant to subdivision 7 of section
				413.065,
				RSMo, all commercial devices shall be sealed by the director
				annually.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 21 - Weighing and Measuring Devices › Section 2 CSR 90-21.040 - Portable or Self

Current through Register Vol. 49, No. 14, July 15, 2024
Contained Scale Requirements
PURPOSE: This rule covers the installation of
				  portable or self-contained scales for use in semi-permanent locations for less
				  than one hundred eighty days.
(1) Portable or self-contained scales may be
				used commercially for weighing soil, lime, gravel, sand, cement, and other
				building material when installed in accordance with the original scale
				manufacturer's recommendations.
(2)
				Approaches to Portable or Self-Contained Scales.
(A) Approaches shall be at least the width of
				the platform, at least one-half (1/2) the length of the platform but not
				required to be more than forty feet (40') and not less than ten feet (10') of
				any approach adjacent to the platform shall be constructed to insure that this
				portion remains smooth and level and in the same plane as the platform. Any
				slope in the remaining portion of the approach shall ensure ease of vehicle
				access, ease for testing purposes, and drainage away from the scale.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 21 - Weighing and Measuring Devices › Section 2 CSR 90-21.050 - Requirements for Pitless Scales

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule covers installation requirements
				  for pitless scales.
(1) This
				rule shall apply to the installation of vehicle, axle-load and livestock scales
				of pit-less full electronic or mechanical and self-contained electronic or
				mechanical design being installed in one (1) permanent location for more than
				one hundred eighty (180) days.
(A) A pitless
				scale may be installed in a pit; however, all pit requirements of
				2 CSR
				90-21.030 must be met.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 21 - Weighing and Measuring Devices › Section 2 CSR 90-21.060 - National Type Evaluation Regulation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule adopts uniform guidelines
				  established by the National Conference on Weights and Measures pertaining to
				  the type evaluation of weighing and measuring devices.
(1) The Division of Weights and Measures
				shall use the guidelines established by the National Conference on Weights and
				Measures (NCWM) for examining weighing and measuring devices for type
				evaluation.
(2) This rule shall
				apply to all classes of devices and/or equipment as covered in the current
				editions of
NIST Handbooks 44, 1051-105-3.
(3) For the purpose of this rule the
				following definitions shall apply:
(A)
				National Type Evaluation Program means a program of cooperation between the
				National Conference on Weights and Measures, National Institute of Standards
				and Technology, other federal agencies, the state and the private sector for
				determining uniform conformance of a type with the relevant provisions of
NIST Handbook 44, Specifications, Tolerances, and Other Technical
				Requirements for Weighing and Measuring Devices,
and
National
				Conference on Weights and Measures, Publication 14, National Type Evaluation
				Program, Administrative Procedures, Technical Policy, Checklists, and Test
				Procedures;
(B) Type
				evaluation means the testing, examination, evaluation, or both, of a type by a
				participating laboratory under the National Type Evaluation Program;
(C) Type means a model(s) of a particular
				measurement system, instrument, element or a field standard that positively
				identifies the design. A specific type may vary in its measurement ranges,
				size, performance and operating characteristics as specified in the certificate
				of conformance;
(D) Participating
				laboratory means any state measurement laboratory that has been certified by
				the NCWM, in accordance with its program for the certification of capability of
				state measurement laboratories, to conduct a type evaluation under the National
				Type Evaluation Program;
(E)
				Certificate of conformance means a document issued by the NCWM based on testing
				in participating laboratories and constituting evidence of conformance of a
				type with the requirements of
NIST Handbooks
44, 105-1, 105-2 or 105-3;
and
(F) Director means the director of
				the Department of Agriculture.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.040 - Identity Nonconsumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.050 - Declaration of Responsibility for Consumer and Nonconsumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.060 - Declaration of Quantity for Consumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.070 - Declaration of Quantity for Nonconsumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.080 - Information Prominence and Placement for Consumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.090 - Information Prominence and Placement for Nonconsumer Packages

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.100 - Requirements for Labels, Packages and Requirements for Specific Consumer Commodities

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded September 14, 1984)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 22 - Uniform Packaging and Labeling › Section 2 CSR 90-22.140 - NIST Handbook 130, "Uniform Packaging and Labeling Regulation"

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates reference to the most
				  recent edition of
NIST Handbook 130
.
(1) The rule for the Division of Weights,
				Measures and Consumer Protection for packaging and labeling shall incorporate
				by reference the section of the 2023 edition of
NIST Handbook
				130
entitled "Uniform Packaging and Labeling Regulation."
NIST
				Handbook 130,
2023 edition, is published by the U.S. Government
				Publishing Office. A copy of this material can be obtained free of charge
				online at NIST.gov or a hard copy may be purchased from the National Conference
				of Weights and Measures at NCWM.net. This regulation does not include any later
				amendments or additions to
NIST Handbook 130
.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995, 2002.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 23 - Inspection of Packaged Commodities › Section 2 CSR 90-23.010 - NIST Handbook 133, Technical Procedures and Methods for Measuring and Inspecting Packages or Amounts of Commodities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates references to the
				  most current edition of the NIST Handbook 133.
(1) The technical procedures and methods used
				by the Division of Weights, Measures and Consumer Protection for measuring and
				inspecting packages or amounts of commodities kept, offered, exposed for sale,
				sold, or in the process of delivery shall be those procedures and methods
				described and specified in the
National Institute of Standards and
				Technology (NIST) Handbook 133
,
Checking the Net Contents of
				Packaged Goods,
2023 edition, as incorporated by reference in this
				rule. NIST Handbook 133, 2023 edition, is published by the U.S. Government
				Publishing Office. A copy of this material can be obtained free of charge
				online at NIST.gov or a hard copy may be purchased from the National Conference
				of Weights and Measures at NCWM.net. This regulation does not include any later
				amendments or additions to
NIST Handbook 133
.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995, 2002.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 24 - Collection of Inspection Fees › Section 2 CSR 90-24.010 - Collection of Inspection Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To facilitate the collection of inspection
				  fees prescribed in section
				  413.225,
				  RSMo (1986) from any person who has refused to pay such fee previously and who
				  still owes a fee for a previous inspection.
(1) Pursuant to section
				413.225,
				RSMo (1986), the director may require advance payment of any inspection fee
				imposed under this section by a person still owing for a previous
				inspection.
(2) Failure by any
				person to pay a fee in advance, including any sum owed for a previous
				inspection, when demand by the director or designated representative is made,
				shall result in the applicable weight or measure being deemed an unapproved
				weight or measure subject to seizure. Such weight or measure shall be retained
				by the director until the applicable fees are paid.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 25 - Price Verification › Section 2 CSR 90-25.010 - Price Verification Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates reference to the most
				  recent edition of
NIST Handbook 130
.
(1) The Division of Weights, Measures and
				Consumer Protection shall follow the examination procedure for price
				verification incorporated by reference in the section of
NIST Handbook
				130
, 2023 edition, entitled "Examination Procedure for Price
				Verification."
NIST Handbook 130
, 2023 edition, is published
				by the U.S. Government Publishing Office. A copy of this material can be
				obtained free of charge online at NIST.gov or a hard copy may be purchased from
				the National Conference on Weights and Measures at NCWM.net. This regulation
				does not include any later amendments or additions to
NIST Handbook
				130
.
*Original authority: 413.065, RSMo 1983, amended 1993,
					 1994, 1995, 2002.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.070 - Unattended Self-Service Stations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The proposed amendments remove obsolete or
				  redundant language already found in the NFPA 30-A (National Fire
				  Code).
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) All unattended
				self-service stations shall meet the requirements contained in NFPA Manual No.
				30 entitled
Flammable and Combustible Liquids Code
, 1996
				Edition and NFPA No. 30A entitled
Automotive and Marine Service Station
				Code
, 1996 Edition which are incorporated herein by reference.
				Existing unattended self-service stations which are not in strict compliance
				with the terms of this code may be continued in use, provided these do not
				constitute a distinct hazard to life or property. When the director determines
				that continued use will constitute a distinct hazard to life or property, s/he
				shall notify the owner or operator and specify the reason in writing and shall
				order correction, discontinuance or removal of same.
(2) New construction and new installation or
				major modifications made to any unattended self-service station shall be in
				conformance with the provisions of NFPA Manual No. 30 entitled
Flammable and Combustible Liquids Code
, 1996 Edition and NFPA
				Manual No. 30A entitled
Automotive and Marine Service Station
				Code
, 1996 Edition.
(3)
				All unattended self-service stations shall meet the requirements contained in
				2 CSR
				90-30.050.
(4) Operating instructions shall be
				conspicuously posted in the dispensing area and shall include location of
				emergency controls.
(5) Warning
				signs shall be posted in a conspicuous location in the dispensing area stating:
WARNING:
a) USER MUST
				STAY OUTSIDE OF VEHICLE IN VIEW OF FUELING NOZZLE DURING DISPENSING
				OPERATION.
b) IT IS UNLAWFUL AND
				DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS.
c) NO SMOKING.
d) STOP ENGINE.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.085 - Financial Responsibility for Manufacturers, Installers and Repairers of Petroleum Equipment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements the provisions of
				  Senate Bill 1020, enacted in 2006 by the second regular session of the 93rd
				  General Assembly.
(1) For the
				purposes of this rule, the following definitions shall apply:
(A) "Fuel storage tank system" means an
				aboveground or underground storage tank used to store petroleum or
				petroleum-blended fuel, and all connected piping, ancillary equipment and
				containment systems located beneath the fire impact valve;
(B) "Person" means a partnership,
				corporation, company, firm, society or association; and
(C) "Repair" means any modification to, or
				replacement of parts on, the fuel storage tank system.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.086 - Financial Responsibility for Aboveground Storage Tank Owners and Operators

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes allowable mechanisms
				  for owners and operators of regulated aboveground storage tanks to demonstrate
				  financial responsibility for releases of products from those tanks as required
				  by section
				  414.036,
				  RSMo.
(1) Applicability.
(A) Except as outlined in paragraphs 1. and
				2. of this subsection, this rule applies to the legal owner and operator of an
				above-ground storage tank, defined as any one (1) or a combination of tanks,
				including pipes connected thereto, used to contain an accumulation of petroleum
				and the volume of which, including the volume of the above-ground pipes
				connected thereto, is ninety percent (90%) or more above the surface of the
				ground, which is utilized for the sale of products regulated by Chapter 414,
				RSMo.
1. This rule does not apply to-
A. The owner or operator of an above-ground
				storage tank at a refinery, pipeline terminal, rail terminal, or marine
				terminal;
B. The owner or operator
				of an above-ground storage tank used for storing heating oil for consumptive
				use on the premises where stored; or
C. The owner or operator of an above-ground
				storage tank situated in an underground area, such as a basement, cellar,
				mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or
				above the surface of the floor.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.090 - Tank Trucks and Tank Wagons

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is amended to delete redundant
				  language found in the NIST Handbook 44.
(1) Measuring Devices.
(A) All tank truck and tank wagon measuring
				devices shall be made available, upon reasonable request, to the director or
				his/her delegated representative, for testing and inspection.
(B) Each tank truck and tank wagon measuring
				device used in the retail or wholesale dispensing of products regulated by
				Chapter 414, RSMo shall meet the requirements contained in the current edition
				of
NIST Handbook 44
. When these devices are found to be
				inaccurate or not meeting current
NIST Handbook 44
requirements, the device shall be ordered corrected, removed or discontinued
				from use.
(C) No means shall be provided by which any measured
				liquid can be diverted from the measuring chamber of the meter or its discharge
				line.
(D) The director of the Department of Agriculture or
				his/her delegated representative at least once each year shall test and inspect
				the measuring devices on tank trucks and tank wagons used in the retail or
				wholesale dispensing of products regulated by Chapter 414, RSMo.
(E)
				No meter which has been condemned shall be used for commercial purposes. All
				condemned meters shall be conspicuously marked INACCURATE: USE
				PROHIBITED.
(F) Each measuring device shall be sealed with an
				official state security seal to be applied by the director of the Department of
				Agriculture or his/her delegated representative.
(G) No person, except
				the director or his/her delegated representative, shall duplicate the state
				seal of Missouri to be used for sealing or applying seals to any measuring
				device dispensing products regulated by Chapter 414, RSMo.
(H)
				No person shall break or tamper with any official state security seal without
				the consent of the director of the Department of Agriculture or his/her
				delegated representative except for the repair or replacement of this device,
				at which time notification is to be given to the director within five (5)
				days.
(I) No person shall hinder or obstruct the director or
				his/her delegated representative in the reasonable performance of his/her
				duties.
(J) If the design, construction, or location of any
				device is such as to require a testing procedure involving special equipment or
				accessories, or an abnormal amount of labor, the equipment, accessories, and
				labor shall be supplied by the owner or operator of the device as required by
				the weights, measures and consumer protection official.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.100 - Terminals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed rule is being amended to
				  delete duplicated language in NIST Handbook 44, NFPA 30, and rule
				  2 CSR
				  90-30.050 (Inspection of Premises).
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Safety.
(A) All terminal locations utilized for the
				sale or storage of petroleum products regulated by Chapter 414, RSMo shall meet
				the requirements of the National Fire Protection Association (NFPA) entitled
				Manual No. 30, 1996 Edition which is incorporated herein by
				reference.
(B) At least once every six (6) months the director
				shall inspect and examine all terminal premises utilized for the sale or
				storage of petroleum products regulated by Chapter 414, RSMo to insure
				compliance with NFPA Manual No. 30, 1996 Edition.
(C) The director or
				his/her delegated representative shall have free access, at reasonable times,
				to any terminal location utilized for the sale or storage of petroleum products
				regulated by Chapter 414, RSMo.
(D) No person shall
				hinder or obstruct the director or his/her delegated representative in the
				reasonable performance of his/her duties. Any measuring device which does not
				meet the requirements contained in the current edition of NIST Handbook 44
				shall not be used and shall be ordered corrected, discontinued from use, or
				removed.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 30 - Petroleum Inspection › Section 2 CSR 90-30.110 - Airports

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes requirements for
				  airport safety and measuring devices.
(1) At least every six (6) months, the
				director shall test and inspect the measuring devices at all airports which
				dispense products regulated by Chapter 414, RSMo.
(2) Each measuring device shall meet the
				requirements of
				2 CSR
				90-30.080.
(3) If the design, construction or location
				of any device is such as to require a testing procedure involving special
				equipment or accessories or an abnormal amount of labor, the equipment,
				accessories and labor shall be supplied by the owner or operator of the device
				as required by the weights and measures official.
(4) The director or his/her delegated
				representative shall have free access, at reasonable times, to any airport
				location utilized for the sale or storage of products regulated by Chapter 414,
				RSMo.
(5) No person shall hinder or
				obstruct the director or his/her delegated representative in the reasonable
				performance of his/her duties.
(6)
				All airport locations utilized for the sale or storage of products regulated by
				Chapter 414, RSMo shall be safe from fire and explosion and not likely to cause
				injury to the public or property. The director shall order any location not
				meeting the requirements of this section corrected, discontinued from use or
				removed.
*Original authority: 414.142, RSMo 1987, amended
					 1993.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 36 - Egg Quality Program › Section 2 CSR 90-36.010 - Enforcement of Missouri Egg Laws

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment to the rule is to remove
				  unnecessary language that already referenced in the USDA grading
				  manual.
(1) Shell eggs shall
				meet the standards as published in the United States Standards, Grades, and
				Weight Classes for Shell Eggs, AMS 56 (July 20, 2000 or its revision). This
				document is available on the internet at www.ams.usda.gov/poultry under
				Publications.
(A) General Terms.
1. Denatured Eggs-Eggs unfit for human food
				may be sold or delivered to any dealer as inedible eggs, provided the shells of
				such eggs have been completely broken or crushed and the mixture of shell and
				egg meats has been denatured with any denaturing agent approved by the director
				of the Department of Agriculture and used in sufficient quantities to be easily
				detected by sight or smell.
2.
				Loss-An egg that is inedible, cooked, frozen, contaminated, musty, or moldy, or
				an egg that contains a large blood spot, large meat spot, bloody white, green
				white, rot, sour eggs, stuck yolk, blood ring, embryo chick (at or beyond the
				blood ring state), free yolk in the white, or other foreign material, or an egg
				that is adulterated as such term is defined pursuant to the Federal Food, Drug,
				and Cosmetic Act.
3. Leaker-An
				individual egg that has a crack or break in the shell and shell membranes to
				the extent that the egg contents are exuding or free to exude through the
				shell.
4. Check-An individual egg
				that has a broken shell or crack in the shell but with its shell membranes
				intact and its contents do not leak. A "check" is considered to be lower in
				quality than a "dirty."
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 38 - Unfair Milk Sales Practices Act › Section 2 CSR 90-38.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This regulation provides definitions of
				  words or terms (except in those instances where the context clearly indicates
				  otherwise) used in the regulations of this chapter as required by section
				  416.460,
				  RSMo.
(1) The Act means the
				Unfair Milk Sales Practices Act, sections 416.410-416.560, RSMo
				(1986).
(2) The director is the
				director of the Department of Agriculture. Under Missouri state government
				reorganization, the Office of Commissioner of Agriculture has been replaced
				with the Office of the Director of the Department of Agriculture.
(3) Person means any individual, partnership,
				corporation, cooperative, public body, political subdivision or any legal
				entity of any kind.
(4) Processor
				means any person engaged in the business of processing or packing bulk milk or
				other materials into milk products, and includes persons who sell, at retail,
				milk processed by themselves.
(5)
				Distributor means any person other than a bulk milk handler engaged in the
				business of transferring title within the state to milk products for a
				consideration where the milk is to be sold for resale or further processing.
				The following criteria will be among those considered in determining if a
				distributor is operating as an independent business entity, and is required to
				obtain a distributor's license under this Act:
(A) Takes legal title to and possession of
				milk products and conveys title to customers or accounts;
(B) Exercises own judgment and discretion as
				to all aspects of business including products price and pricing policies;
				and
(C) Obtains customers and
				accounts, collects for merchandise sold and absorbs any loss for returned
				merchandise, faulty merchandise excluded. Persons who are commissioned
				salesmen, truck drivers or independent haulers for a processor and who are not
				free and independent business entities shall not be considered distributors
				under this Act and will not be licensed as such regardless of their designation
				by processor. Accordingly, all persons who are commissioned salesmen, drivers
				or independent haulers for a processor will be considered agents of that
				processor and that person's conduct will be imputed to and be the
				responsibility of the processor.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 38 - Unfair Milk Sales Practices Act › Section 2 CSR 90-38.040 - Separability and Effective Period

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the separability of the
				  rules and their provisions within Chapter 38 and the effective period of these
				  rules.
(1) If any provision
				of the rules within Chapter 38 is declared invalid, the validity of the
				remainder of these rules shall not be affected.
*Original authority 1959, amended 1993,
					 1995.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 40 - National Bureau of Standards Handbook 44 › Section 2 CSR 90-40.010 - NBS Handbook 44, Specifications, Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2001)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 50 - Moisture-Measuring Devices › Section 2 CSR 90-50.010 - Moisture-Measuring Devices for Plant Products

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded October 30, 2001)
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 60 - Missouri Standards for Property Boundary Surveys › Section 2 CSR 90-60.010 - Application of Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: These standards provide the professional
				  land surveyor and recipient of boundary surveys with a realistic guideline for
				  adequate survey performance. This rule describes the types of surveys to which
				  these standards apply.
The standards in this chapter apply to all property boundary
				  surveys made for determining the location of land boundaries and land boundary
				  corners, but do not apply to preliminary plats or plans, plot plans, design
				  surveys, geodetic surveys, or cartographic surveys. Any individual or
				  corporation licensed with the board to perform land surveying services in this
				  state shall be familiar with and comply with these standards. The Missouri
				  Standards for Property Boundary Surveys are not intended to be used in place of
				  professional land surveying judgment. There may be special circumstances and
				  conditions that make it impractical to comply with some provisions of the
				  standards. If the survey deviates from these standards, this deviation shall be
				  noted, described, and justified on the plat of survey by the professional land
				  surveyor. This provision cannot be used to intentionally circumvent the basic
				  tenets of these standards.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 60 - Missouri Standards for Property Boundary Surveys › Section 2 CSR 90-60.030 - General Land Surveying Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to correct a typo
				  in subsection (2)(A) and paragraph (3)(C)3. and to add clarification regarding
				  the establishment of permanent monuments in paragraph (3)(C)1.
(1) Records Research.
(A) Every survey executed shall be based on
				the property description of the parcel or parent tract taken from the public
				records; and
(B) Prior to
				performing the fieldwork, the professional land surveyor shall acquire
				sufficient data to ascertain the record title boundary of the parcel(s) to be
				surveyed (such as: adjoining deeds, maps, right of way plans, subdivision
				plats, original plats and notes, and subsequent surveys). This requirement does
				not obligate the professional land surveyor to search the entire chain of
				title.
Missouri Code of State Regulations › Title 2 - DEPARTMENT OF AGRICULTURE › Division 90 - Weights, Measures and Consumer Protection › Chapter 60 - Missouri Standards for Property Boundary Surveys › Section 2 CSR 90-60.040 - Accuracy Standards for Property Boundary Surveys

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the accuracy standards
				  for all property boundary surveys.
(1) The professional land surveyor shall make
				an effort to detect and remove systematic errors.
(2) Precision Requirements for Urban
				Property.
(A) The uncertainty due to random
				errors of any dimension of direction or distance shown on the plat shall not
				exceed fifty parts per million (50ppm) or one tenth of a foot (0.10') for
				distances less than two thousand feet (2,000') at the sixty-eight percent (68%)
				confidence level (one (1) sigma); and
(B) The positional uncertainty of any
				coordinates shown on the plat relative to the control that is held fixed, shall
				not exceed fifty parts per million (50ppm) or one tenth of a foot (0.10') for
				distances less than two thousand feet (2,000') at the sixty-eight percent (68%)
				confidence level (one (1) sigma).