No. 27424 (New Rule): R70-960. Weights and Measures Fee Registration

DAR File No.: 27424
Filed: 09/15/2004, 10:13
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed new rule is to establish the standards for registration of weights and measures devices. The Division is following the legislative mandate in the establishment of this rule.

 

Summary of the rule or change:

This rule establishes the standards for the registration and fees to be charged for the registration of weights and measures devices.

 

State statutory or constitutional authorization for this rule:

Section 4-9-15

 

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost to the state budget. This rule is established to set a fee schedule for the registration of weights and measures devices used for commercial purposes in the State of Utah. The anticipated revenue to be generated through his program is $310,000.

 

local governments:

There will be no anticipated cost to local government budget. This rule is established to set a fee schedule for the registration of weights and measures devices used for commercial purposes in the State of Utah.

 

other persons:

Persons registering weights and measures devices used for commercial purposes will be required to pay a fee for services provided by the Department of Agriculture and Food. Fee schedules are established according to Subsection 4-2-3(2).

 

Compliance costs for affected persons:

Persons registering weights and measures devices used for commercial purposes will be required to pay a fee for services provided by the Department of Agriculture and Food. Fee schedules are established according to Subsection 4-2-3(2). If registration becomes delinquent, a penalty fee shall be added as per Section 4-1-6 or the registration could be suspended or revoked.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Business or owners of weights and measures devices will be required to pay a registration fee for all devices used for commercial use.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3087

 

Direct questions regarding this rule to:

Chris Crnich, Marolyn Leetham, or Brett Gurney at the above address, by phone at 801-538-7150, 801-538-7114, or 801-538-7158, by FAX at 801-538-4949, 801-538-7126, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2004

 

This rule may become effective on:

11/02/2004

 

Authorized by:

Cary G. Peterson, Commissioner

 

 

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

R70-960. Weights and Measures Fee Registration.

R70-960-1. Authority.

Promulgated under authority of Section 4-9-15.

 

R70-960-2. Definitions of Terms.

A. Fuel dispenser means a liquid measuring device used in a multiple product dispenser (MPD) and other fuel dispensing applications. These devices are counted as individual grades per side, per hose of dispenser, including diesel.

B. Meter means a vehicle tank meter, rack meter, LPG meter, any measuring device that is mounted on a vehicle, devices mounted as a rack meter at a fuel bulk plant or refinery, and any meter that dispenses LPG at a retail establishment. Each individual meter is counted as a device.

C. Load receiving element means that element of a scale that is designed to receive the load to be weighed, for example: platform, deck, rail, hopper, platter, plate, or scoop.

D. Small scale means any load receiving element of a weighing device capable of measuring weight between 0 pounds to 999 pounds.

E. Large scale means any load receiving element of a weighing device capable of measuring weight from 1000 pounds and up.

F. Check-out register means any device that is commercially used in a price verification system at a check-out register. Included are those devices that use Universal Product Code (U.P.C.) scanners, Electronic Product Code (E. P. C.) readers, manual entries, or any current or future use of any device that could be used at the final point of sale as a means for pricing for commercial sales.

 

R70-960-3. Application.

This rule shall apply to commercially-used weighing or measuring instruments or devices at the final point of sale. This will include the following: fuel dispensers, meter, small scale, large scale, and check-out register.

 

R70-960-4. Device Registration.

A. Weighing or measuring devices used for commercial purposes in the State of Utah shall be registered annually.

B. Each separate physical location of a business establishment must register the devices at that location.

C. The Department of Agriculture and Food may seek administrative or judicial remedies to achieve compliance with the laws and rules of Weights and Measures Fee Registration.

D. New facilities registering after November 1, will be registered for the remainder of that year and the following calendar year.

 

R70-960-5. Device.

The Department of Agriculture and Food may permit the registration to be applicable to a replacement for an original device or any additional devices within the annual registration period.

 

R70-960-6. Annual Registration Period.

Annual registration applications and fees are due December 31 of each year. All registrations expire on December 31 of each year. Fees paid are nonrefundable.

 

R70-960-7. Registration Certificate Displayed.

Any owner or user of commercially used weighing and measuring devices may display the current annual registration for those instruments and devices.

 

R70-960-8. Registration.

A. Registration fees are established according with Section 4-9-15(1)(h)(i). When the appropriate fee is not paid on or before January 1, the registration shall become delinquent and a penalty fee shall be added as per Section 4-1-6. Any new facilities opening between January 1 and October 31, will be required to register appropriately. New facilities registering after November 1, will be registered for the remainder of that year and the following calendar year.

B. When a registration is suspended or revoked, no part of the fees paid for a registration shall be returned to the owner or operator of a registered weights and measures establishment.

 

KEY: inspections

2004

4-9-15