Fla. Admin. Code Ann. R. 5J-22.003 - Uniform Regulations and Methods of Sale
(1) The National Institute of Standards and
Technology (NIST), Handbook 130, Uniform Laws and Regulations in the Areas of
Legal Metrology and Fuel Quality, 2023 Edition, Sections: Uniform Packaging and
Labeling Regulation; Uniform Regulation for National Type Evaluation; Uniform
Regulation for the Voluntary Registration of Servicepersons and Service
Agencies for Commercial Weighing and Measuring Devices; Examination Procedure
for Price Verification; and Uniform Unit Pricing Regulation are hereby adopted
and incorporated by reference. Uniform Regulation for the Method of Sale of
Commodities is also adopted and incorporated by reference with the following
exceptions: sections 2.20.1., 2.30., 2.31.1, 2.31.2., 2.31.4., 2.40., 2.40.1.,
and 2.40.2. Section 2.21 - Liquefied Petroleum Gas is adopted with the
following amended language: All liquefied petroleum gas, including, but not
limited to propane, butane, and mixtures thereof, shall be kept, offered,
exposed for sale, or sold by the pound, metered cubic foot of vapor (defined as
1 ft3 at 60 ºF [15.6 °C]), or the gallon
(defined as 231 in3 at 60 ºF [15.6 °C]),
with the exception of portable cylinders with a water capacity of 96 pounds or
less. All metered sales by the gallon, except those using meters with a maximum
rated capacity of 20 gal/min or less, shall be accomplished by use of a meter
and device that automatically compensates for temperature. A copy of this
handbook may be obtained from the National Institute of Standards and
Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15474.
A copy of this handbook is also available for public inspection during regular
business hours at the Florida Department of Agriculture and Consumer Services,
Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway,
Office #200, Tallahassee, Florida 32399, Phone: (850)921-1570.
(2) All packages sold or offered for sale
shall meet the packaging and labeling requirements adopted under this rule. Any
package that fails to possess a declaration of identity, declaration of
responsibility or declaration of quantity, as adopted in subsection (1), of
this rule, shall be placed under stop sale order by the department. Once made
to conform with the requirements adopted in subsection (1) of this rule, the
packages shall be released by the department from the stop sale
order.
(3) All weighing and
measuring devices, including retail motor fuel dispensers, placed into service
for the first time that will be used in commerce in the state must be approved
through the National Type Evaluation Program (NTEP) and possess a valid
Certificate of Conformance, issued by the National Conference on Weights and
Measures, verifying such approval. Notwithstanding this requirement, a device
for which an NTEP Certificate of Conformance has not been issued may be
lawfully placed in service for commercial use if the following conditions are
met:
(a) The National Conference on Weights
and Measures does not offer NTEP evaluation and Certificates of Conformance for
the class of device, and no other similar devices have been granted NTEP
approval; and
(b) Written
notification is received by the department prior to the device being placed in
commercial service; and
(c) The
notification is accompanied by documentation demonstrating that the performance
and construction of the device is in conformance with the standards adopted in
this rule chapter; and
(d) The
device has been inspected and tested by the Bureau of Standards and has been
found to comply with all other requirements set forth in Chapter 531, F.S., and
adopted in this rule chapter.
Any investigation or inspection in which the department determines a weighing or measuring device does not have a valid NTEP certificate or written approval from the Division of Consumer Services, shall result in the device being prohibited from further commercial use until a valid NTEP certificate or written approval has been obtained. The department shall prohibit the continued unauthorized use of the device. When the NTEP certificate or written approval has been obtained, the stop use order shall be released by the department.
(4) All service persons and service agencies
servicing weighing or measuring devices used for commercial purposes that
choose to operate under the provisions of Section
531.41(16),
F.S., must register with the department using FDACS-10990, Weights and Measures
Device Mechanic Registration Application, Rev. 02/17, hereby adopted and
incorporated by reference. Copies of this form may be accessed at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08523.
(a) There shall be no fee for
registration.
(b) The certificate
of registration for each serviceperson or service agency shall expire two years
from the date of issuance.
(c)
Standards and testing equipment used by servicepersons or service agencies in
the service and testing functions shall be adequate and suitable for the
intended use and shall be examined and recertified by an accredited metrology
laboratory as recognized by the National Institute of Standards and Technology
(NIST) at least every two years.
(d) Registered servicepersons and service
agencies must comply with the requirements adopted in subsection
5J-22.003(1),
F.A.C.
(e) Reporting of weighing
and measuring devices restored to or placed in service as required by this rule
shall be made on FDACS-03017, Placed in Service Report, Rev. 05/17, within 24
hours after a device is restored to service or placed in service, but not more
than 10 days prior to the device being restored to service or placed in
service. The document referenced in this subsection is hereby adopted and
incorporated by reference and can be accessed at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08524.
(5) Weighing and measuring devices placed
into service by unregistered persons and not in accordance with any exceptions
provided by rule shall not be used in commerce. If such a device that is placed
into service by the permitted owner only requires an electrical plug-in for
installation and does not require calibration at the time of installation the
device may be used after the department is notified.
(6) All commodities sold or offered for sale
shall be in accordance with the Method of Sale requirements adopted under this
rule. Any person ulitizing a method of sale that fails to meet applicable
requirements, as adopted in subsection (1) of this rule, shall be issued a
notice of noncompliance by the department. The notice of noncompliance shall be
considered satisfied once the method of sale is made to conform with the
requirements adopted in subsection (1) of this rule.
(7) The pricing of commodities shall be
verified by using the examination procedures for price verification adopted
under this rule. Any pricing of a commodity that fails to meet applicable
requirements, as adopted in subsection (1) of this rule, shall be prohibited
and affected commodities placed under stop sale order by the department. The
commodities shall be released by the department from the stop sale order once
the pricing is made to conform with the requirements adopted in subsection (1)
of this rule.
(8) The unit pricing
of commodities requirements shall not apply to any seller unless a system of
unit pricing has been voluntarily established by the seller. Any unit pricing
of a commodity that fails to meet applicable requirements, as adopted in
subsection (1) of this rule, shall be prohibited and affected commodities
placed under stop sale order by the department. The commodities shall be
released by the department from the stop sale order once the unit pricing is
made to conform with the requirements adopted in subsection (1) of this
rule.
Notes
Rulemaking Authority 531.40, 531.41(3), (4), (5), (16), 531.44(2) FS. Law Implemented 531.40, 531.41(3), (4), (5), (7), (16), 531.42, 531.44, 531.45, 531.47, 531.49 FS.
New 8-17-17, Amended 2-8-21, 8-3-23.
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