Bill Text: MI HB5595 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Agriculture; weights and measures; uniform standards and regulations; modify. Amends secs. 2, 3, 4, 5, 6, 9a & 9b of 1964 PA 283 (MCL 290.602 et seq.). TIE BAR WITH: HB 5596'12
Spectrum: Slight Partisan Bill (Republican 15-6)
Status: (Passed) 2012-07-18 - Assigned Pa 253'12 With Immediate Effect [HB5595 Detail]
Download: Michigan-2011-HB5595-Engrossed.html
HB-5595, As Passed House, May 23, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5595
A bill to amend 1964 PA 283, entitled
"Weights and measures act,"
by amending sections 2, 3, 4, 5, 6, 9a, and 9b (MCL 290.602,
290.603, 290.604, 290.605, 290.606, 290.609a, and 290.609b),
section 2 as amended and sections 9a and 9b as added by 2002 PA
208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Automatic checkout system" means an electronic device,
computer, or machine that determines the price of a consumer item
by using a product identity code and may, but is not required to,
include an optical scanner.
(b)
"Barrel", when used in connection with fermented liquor,
means
a unit of 31 gallons.
(b) (c)
"Certificate of
conformance" means a document issued
by the NCWM based on testing by a participating laboratory that
constitutes evidence of conformance of a type.
(c) (d)
"Commodity in package
form" means a commodity put up
or packaged in any manner in advance of sale in units suitable for
either wholesale or retail sale including an individual item or lot
of any commodity not in a form as described in this subdivision but
upon which there is marked a selling price based on an established
price per unit of weight or of measure. Commodity in package form
does not include an auxiliary shipping container enclosing packages
that conform to the requirements of this act.
(d) "Commercial weighing and measuring device" means any
weights and measures or weighing and measuring device, including
any accessory attached to or used in connection with the weighing
or measuring device that is designed or installed in a manner that
its operation affects or may affect the accuracy of the device,
used or employed in commerce for any of the following:
(i) Establishing the size, quantity, extent, area, or
measurement of any commodity sold, offered, or submitted for hire.
(ii) Computing any basic charge or payment for services
rendered on the basis of weight, measure, or count.
(iii) Establishing eligibility for any award.
(e)
"Consumer package" means a commodity in package form that
is customarily produced or distributed for sale through retail
sales agencies or instrumentalities for consumption or use by
individuals
or for use by individuals for the purposes of personal
care or in performance of services ordinarily rendered in or about
the
household or in connection with personal possessions. and
that
usually
is consumed or expended in the course of that consumption
or
use.
(f)
"Cord", when used in connection with wood intended for
fuel
purposes or for pulpwood, means the amount of wood that is
contained
in a space of 128 cubic feet when the wood is ranked and
well
stowed.
(f) (g)
"Department" means the Michigan
department of
agriculture and rural development.
(g) (h)
"Director" means the
director of the Michigan
department
of agriculture or his or her designee.
(h) (i)
"Inspector" means an
employee or agent of the
department authorized to enforce this act.
(i) (j)
"NCWM" means the national
conference on weights and
measures, inc.
(j) "Net weight" means the weight of a commodity excluding any
materials, substances, or items not considered to be part of the
commodity. Materials, substances, or items not considered to be
part of the commodity include containers, conveyances, bags,
wrappers, packaging materials, labels, individual piece coverings,
decorative accompaniments, prizes, coupons, and, in the case of
edible commodities, anything that is nonedible.
(k) "NIST" means the United States department of commerce,
national institute of standards and technology.
(l) "NTEP" means the national type evaluation program
administered by the NCWM, in cooperation with the states, the
private sector, and the NIST for determining on a uniform basis
conformance of a type.
(m)
"Nonconsumer package" means any commodity in a package
form
other than a consumer package and
includes, but is not limited
to,
a package designed intended
solely for industrial or
institutional
use or for only wholesale distribution.
(n) "Participating laboratory" means a state measurement
laboratory that has been accredited by NCWM to conduct a type
evaluation under the NTEP and determined otherwise acceptable to
the director.
(o) "Person" means any individual, partnership, corporation,
association, governmental entity, or other legal entity.
(p) (o)
"Placed-in-service
report" means the approved form
issued
to registered service persons servicepersons
and registered
service agencies for their use in accordance with the requirements
of section 9b.
(q) (p)
"Registered service
agency" means any agency, firm,
company, or corporation that installs, services, repairs, or
reconditions commercial weights and measures and that holds a
registration issued by the director.
(r) (q)
"Registered service
person" serviceperson"
means an
individual who installs, services, repairs, or reconditions
commercial weights and measures and who holds a registration issued
by the director.
(s) (r)
"Rule" means an
administrative rule promulgated under
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(t) (s)
"Sell" or
"sale" means sale, barter, or exchange.
(t)
"Ton" means a unit of 2,000 pounds avoirdupois weight.
(u) "Type" means a model or models of a particular device
measurement system, instrument, element, or a field standard that
positively identifies the design and that may vary in its
measurement ranges, size, performance, and operating
characteristics as specified in the certificate of conformance.
(v) "Type evaluation" means the testing, examination, and
evaluation of a type by a participating laboratory under the NTEP.
(w) "Weight", in connection with any commodity or service,
means net weight.
(x) "Weights and measures" means weights and measures of every
kind, instruments and devices for weighing and measuring, grain
moisture meters, and any appliances and accessories associated with
any or all of those instruments and devices. Weights and measures
include automatic checkout systems. Weights and measures do not
include meters for the measurement of electricity, natural or
manufactured gas, water, or the usage of communications services
when any of these meters are regulated and tested as part of a
public utilities system.
(y) "Weighing and measuring device" means all instruments and
devices of every kind used to determine the quantity of any
commodity and includes weights and measures and any appliance and
accessories associated with any of these instruments and devices,
except meters, appliances, and accessories that are part of a
public utility regulated by the Michigan public service commission.
(z) "Weighing and measuring establishment" means a location
with 1 or more commercial weighing and measuring devices or any
operation that employs commercial weighing and measuring devices
that are mobile.
Sec. 3. The system of weights and measures in customary use in
the United States and the metric system of weights and measures are
jointly recognized, and one or the other of these systems or both
shall be used, for all commercial purposes in this state. The
definitions of basic units of weight and measure, the tables of
weight and measure, and weights and measures equivalents, as
published
by the national bureau of standards, NIST, are recognized
and shall govern weighing and measuring equipment and transactions
in this state.
Sec.
4. Weights and measures in conformity with the standards
of
the United States as supplied to this state by the federal
government
or otherwise obtained by this state for use as state
primary
standards, when certified as being satisfactory for use by
the
national bureau of standards, shall be the state primary
standards
of weights and measures. The state primary
reference
standards shall be maintained traceable to the international system
of units through calibrations by a national metrology institute and
shall be kept in a safe and suitable place in the weights and
measures
laboratory of the department of agriculture and shall be
maintained
in the calibration prescribed by the national bureau of
standards.
as recommended by the NIST
handbook 143, which is
incorporated by reference, unless otherwise noted. The state
primary standards shall not be removed from the weights and
measures laboratory except for repairs or certification. The state
primary standards shall be used only to verify the secondary
standards and for scientific purposes.
Sec. 5. In addition to the state primary standards provided
for in section 4, this state shall supply at least 1 complete set
of copies of the state primary standards to be kept in the weights
and
measures laboratory of the department of agriculture to be
known as secondary standards. This state shall also supply field
standards and equipment as may be found necessary to carry out this
act. The secondary standards shall be verified upon their initial
receipt and as often thereafter as the director considers
necessary. The field standards shall be verified upon their initial
receipt and at least once every 5 years thereafter. The secondary
standards shall be verified by direct comparison with the state
primary standards. The field standards shall be verified by direct
comparison with the secondary standards.
Sec.
6. The state director of agriculture by virtue of his or
her office shall be state director of weights and measures during
his or her term of office. His or her deputy shall be deputy
director of weights and measures, and all inspectors appointed by
the director shall be state inspectors and sealers of weights and
measures.
Sec.
9a. (1) A weighing device manufactured or placed in
service after January 1, 1988 shall have valid certificates of
conformance before use for commercial purposes or
law enforcement
purposes. However, a non-NTEP measuring device for special use may
be used for products for which an NTEP measuring device is not
readily available, if all of the following conditions are met:
(a) The device owner receives written approval from the
director.
(b) The device is tested on an annual basis by a registered
service agency.
(c) The registered service agency records all testing data and
the records are retained on site and made available to the
department upon request.
(2) A measuring device manufactured or placed
in service 6
months on
or after the effective date of the
amendatory act that
added this section October 29, 2002, shall have valid certificates
of conformance before use for commercial purposes
or law
enforcement purposes. However, a non-NTEP measuring device for
special use may be used for products for which an NTEP measuring
device is not readily available, if all of the following conditions
are met:
(a) The device owner receives written approval from the
director.
(b) The device is tested on an annual basis by a registered
service agency.
(c) The registered service agency records all testing data and
the records are retained on site and made available to the
department upon request.
(3) The director may operate a participating laboratory as
part of NTEP. The director may charge and collect fees pursuant to
section 10b for services rendered by the participating laboratory.
Sec. 9b. (1) The director shall issue a registration for
service
persons servicepersons and service agencies seeking
registration under this section in accordance with the standards
described in section 28c. Registration with the director under this
section is voluntary.
(2) A person may apply for initial and renewal registration as
a
service person serviceperson
or service agency in specific
competency areas. Competence in a subject matter area may be
demonstrated
by either submitting a certificate of completion of
the
NCWM training module described in section 28c for that area or
by
scoring at least 80% on a
department-approved competency test
for that area in compliance with the standards described in section
28c.
Documentation of competency is not required for renewal unless
documentation
of competency is required as a result of changes in
the
NCWM training module and those changes are adopted by rule of
the
director A registrant shall
retake the department-approved
competency test every 4 years or as otherwise required by law.
(3) The term of registration is 2 years from the date of
issuance. A registration may be transferred to a different
registered service agency if the registration is retained by the
original
service person serviceperson
and the new service agency
pays the service agency registration fee.
(4)
Subject to section 10b(1), the The
fee for registration
under
this section is $150.00 per service agency and $50.00 per
service
person.shall be established
in accordance with section
10b(1).
(5)
Certification of standards used by the registered service
person
serviceperson or registered service agency shall be
accomplished
by the registrant at least biannually. biennially. The
certification
of standards may be done at any participating
approved laboratory. The registrant shall submit documentation of
NIST
accreditation international
standards traceable calibration
reports with the registration or renewal application.
(6) Within 5 business days after a device is returned to
service or placed in service, the original of a properly executed
placed-in-service report, together with any official department
rejection tag removed from the device, shall be mailed to the
director at an address indicated on the tag.
(7) (6)
The director may deny, suspend, or
revoke a
registration
for a violation of this act or rules adopted
promulgated under this act. Enforcement actions include, but are
not limited to, the following:
(a) Written warning.
(b) Conference with the director.
(c) Suspension of the registration.
(d) Revocation of the registration.
(8) (7)
Before the suspension or revocation
of a registration,
the director shall notify the registrant in writing stating the
reasons for the registration being subject to suspension or
revocation and advising that the registration shall be suspended or
revoked 15 days after the sending of the notice unless the
registrant files a request for a hearing with the department within
that 15-day period. If a written request for a hearing is not filed
within the 15-day period, the department shall suspend or revoke
the registration.
(9) (8)
A notice under subsection (7) (8) is
considered
properly served when it is personally delivered to the registrant
or when it is sent by registered or certified mail, return receipt
requested, to the registrant's last known address.
(10) (9)
Except as otherwise provided for in
this act, the
director may initiate an enforcement action against a registered
service
person serviceperson or registered service agency for any
or all of the following:
(a)
Failure of a weighing and or
measuring device during an
official inspection within 30 days after being placed in service
following
an initial installation. or following a major overhaul or
repair,
as the result of an official condemnation.
(b) Failure of a weighing or measuring device during an
official inspection within 30 days after being placed in service
following a major overhaul or repair that may or may not have been
the result of an official condemnation by a weights and measures
official.
(c) (b)
The return to commercial use of a
device tagged "not
sealed".
(d) (c)
Placing a device in service with
improper or
insufficient standards.
(e) (d)
Falsifying a placed-in-service
report or test report.
(f) (e)
Placing in service or allowing to
remain in service,
without notifying the director, an incorrect weighing or measuring
device.
Within 5 business days after a device is restored to
service
or placed in service, the original of a properly executed
placed-in-service
report, together with any official rejection tag
removed
from the device, shall be mailed to the director.
(g) Failure to provide placed-in-service reports or other
House Bill No. 5595 (H-1) as amended May 22, 2012
documentation as required by this section.
Enacting section 1. This amendatory act does not take effect
unless [House Bill No. 5596
] of the 96th Legislature is enacted into law.
