Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards
RULE NO: RULE TITLE
5F-5.001: Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices
PURPOSE AND EFFECT: The purpose of this rule is to amend Rule 5F-5.001, F.A.C., to adopt the most recent national standards for weighing and measuring devices developed by the National Conference on Weights and Measures and published in the 2007 edition of National Institute of Standards and Technology Handbook 44. Adoption of the current national standards will make Florida’s requirements uniform with the national requirements and facilitate interstate commerce and trade.
SUMMARY: Adopts the current national standards for specifications, tolerances and other technical requirements for commercial weighing and measuring devices as published in the latest edition of National Institute of Standards and Technology Handbook 44.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 531.40, 531.41(3) FS.
LAW IMPLEMENTED: 531.40 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, June 21, 2007, 10:00 a.m.
PLACE: Bureau of Weights and Measures, Doyle Conner Laboratory Complex, 3125 Conner Boulevard, Bldg. #2, Room 206, Tallahassee, Florida 32399-1650
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Max Gray, Bureau Chief, Bureau of Weights and Measures, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399-1650, phone: (850)488-9140. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Max Gray, Bureau Chief, Bureau of Weights and Measures, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399-1650, phone: (850)488-9140

THE FULL TEXT OF THE PROPOSED RULE IS:

5F‑5.001 Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices.

(1) The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices adopted by the National Conference on Weights and Measures and contained in National Institute of Standards and Technology (NIST) Handbook 44, 2007 2006 Edition, are hereby adopted as rules for the requirements for commercial weighing and measuring devices of the Department of Agriculture and Consumer Services. A copy of NIST Handbook 44, 2007 2006 Edition, may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Phone (202)512-1800 or http://ts.nist.gov/ts/htdocs/230/235/pubs.htm.

(2) The violation of any of the provisions of these rules and regulations is subject to the penalties and remedies provided in the Weights, Measures, and Standards Law, Chapter 531, Florida Statutes.

Specific Authority 531.40, 531.41(3) FS. Law Implemented 531.40 FS. History–New 1‑1‑73, Amended 7‑1‑74, 4‑18‑75, 1‑25‑76, 1‑17‑77, 3‑29‑78, 2‑15‑79, 6‑4‑80, 4‑5‑81, 5‑2‑82, 6‑30‑83, 7‑15‑84, 8‑11‑85, Formerly 5F‑5.01, Amended 7‑7‑86, 4‑5‑87, 4‑27‑88, 5‑31‑89, 8‑21‑90, 8‑5‑91, 12‑10‑92, 6‑21‑94, 8‑16‑95, 10‑8‑96, 8-27-98, 8-19-99, 7-3-00, 9‑3‑01, 6-23-02, 6‑29‑03, 6-21-04, 6-2-05, 5-23-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Max Gray, Bureau Chief, Bureau of Weights and Measures, Address: 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399-1650, phone: (850)488-9140
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Paul N. Driggers, Director, Division of Standards
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 13, 2007