23841938, 5J-22.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23841938

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Chapter:

WEIGHTS AND MEASURES

Overview

RULE:

5J-22.001	Definitions
5J-22.002	Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices
5J-22.003	Uniform Regulations and Methods of Sale
5J-22.004	Net Contents of Packaged Goods
5J-22.005	Metrology Lab Fees
5J-22.006	Weighing and Measuring Device Permits
5J-22.007	Guidelines for Imposing Administrative Penalties

PURPOSE:

The purpose of this rulemaking is to add a clarifying statement to the definition of “Commercial Purpose”; update adopted versions of ASTM International Standard Designation E617-18 and National Institute of Standards and Technology (NIST) Handbooks 44, 130, 133, 105-1, 105-4, and 105-8; provide for the approval of weighing and measuring devices for which National Type Evaluation Program (NTEP) evaluation is not offered; prohibit specific mobile fuel delivery systems; increase registration fees for scales and update the device application form; and revise language related to the imposition of administrative penalties.

SUBJECT:

Adds clarifying language to the definition of commercial purpose; updates adopted versions of NIST Handbooks and an ASTM designation; allows the use of specific weighing and measuring devices for which NTEP evaluation is not offered; prohibits use of mobile fuel delivery systems that may adulterate the products they deliver; increases scale permit fees; updates FDACS-03560, Weighing and Measuring Device Permit Application; and revises language related to the imposition of administrative penalties.

RULEMAKING AUTHORITY:

366.94, 531.40, 531.41(3), (4), (16), 531.44(2), 531.66, 570.07(23) FS.

LAW:

366.94, 531.40, 531.41, (3), (4), (7), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.48, 531.49, 531.50, (1), 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS.

PRINT PUBLISH DATE:

11/4/2020 Vol. 46/216

RELATED STATUTES
AND LAWS:

366.94, 531.40, 531.41(3), (4), (16), 531.44(2), 531.66, 570.07(23) FS., 366.94, 531.40, 531.41, (3), (4), (7), (16), 531.415, 531.42, 531.44, 531.45, 531.47, 531.48, 531.49, 531.50, (1), 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5J-22.001&PDate=11/4/2020&Section=1

REFERENCE MATERIALS:

No reference(s).

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