HOUSE BILL No. 5525


     December 13, 2001, Introduced by Reps. Van Woerkom and DeRossett and referred to the Committee on Agriculture and Resource Management.


        A bill to amend 1964 PA 283, entitled

   "Weights and measures act of 1964,"

   by amending sections 1, 2, 8, 10a, 10b, and 31 (MCL 290.601,

   290.602, 290.608, 290.610a, 290.610b, and 290.631), sections 2

   and 8 as amended by 1982 PA 260 and section 31 as amended by 1986

   PA 194, and by adding sections 9a, 9b, 28c, and 31a; and to

   repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  This act shall be known and may be cited as the

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      "weights and measures act".   of 1964".

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           Sec. 2.  As used in this act:

 4
            (a) "Weights and measures" means weights and measures of

 5
      every kind, instruments and devices for weighing and measuring,

 6
      grain moisture meters, and any appliances and accessories

 7
      associated with any or all such instruments and devices; but does


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      not include meters for the measurement of electricity, natural or

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      manufactured gas, water, or the usage of communications services,

 3
      when any of these meters are operated in a public utility system,

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      and does not include any appliances or accessories associated

 5
      with these meters.

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           (b) "Sell" or "sale" means barter and exchange.

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           (c) "Director" and "deputy director" mean, respectively, the

 8
      state director of weights and measures and the deputy state

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      director of weights and measures.

10
           (d) "Inspector" means a state inspector of weights and

11
      measures.

12
           (e) "Sealer", "deputy sealer", "supervising inspector", and

13
      "city or county inspector" mean, respectively, a sealer of

14
      weights and measures; a deputy sealer of weights and measures; a

15
      supervising weights and measures inspector; and city or county

16
      weights and measures inspectors of a city, of a county, or of

17
      joint city-county jurisdiction.

18
           (f) "Commodity in package form" means a commodity put up or

19
      packaged in any manner in advance of sale in units suitable for

20
      either wholesale or retail sale, exclusive, however, of an auxil-

21
      iary shipping container enclosing packages that individually con-

22
      form to the requirements of this act.  An individual item or lot

23
      of any commodity not in package form as defined in this section,

24
      but on which there is marked a selling price based on an estab-

25
      lished price per unit of weight or of measure, shall be construed

26
      to be commodity in package form.





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           (g) "Barrel", when used in connection with fermented liquor,

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      means a unit of 31 gallons.

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           (h) "Ton" means a unit of 2,000 pounds avoirdupois weight.

 4
           (i) "Cord", when used in connection with wood intended for

 5
      fuel purposes or pulpwood, means the amount of wood that is con-

 6
      tained in a space of 128 cubic feet when the wood is ranked and

 7
      well stowed.

 8
           (j) "Weight", in connection with any commodity, means net

 9
      weight.

10
           (k) "Consumer package" or "package of consumer commodity"

11
      means a commodity in package form that is customarily produced or

12
      distributed for sale through retail sales agencies or instrumen-

13
      talities for consumption by individuals, or use by individuals

14
      for the purposes of personal care or in the performance of serv-

15
      ices ordinarily rendered in or about the household or in connec-

16
      tion with personal possessions, and which usually is consumed or

17
      expended in the course of that consumption or use.

18
           (l) "Nonconsumer package" or "package of nonconsumer

19
      commodity" means any commodity in package form other than a con-

20
      sumer package, and particularly a package designed solely for

21
      industrial or institutional use or for wholesale distribution

22
      only.

23
           (A) "AUTOMATIC CHECKOUT SYSTEM" MEANS AN ELECTRONIC DEVICE,

24
      COMPUTER, OR MACHINE THAT DETERMINES THE PRICE OF A CONSUMER ITEM

25
      BY USING A PRODUCT IDENTITY CODE AND MAY, BUT IS NOT REQUIRED TO,

26
      INCLUDE AN OPTICAL SCANNER.





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           (B) "BARREL", WHEN USED IN CONNECTION WITH FERMENTED LIQUOR,

 2
      MEANS A UNIT OF 31 GALLONS.

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           (C) "CERTIFICATE OF CONFORMANCE" MEANS A DOCUMENT ISSUED BY

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      THE NCWM BASED ON TESTING BY A PARTICIPATING LABORATORY THAT CON-

 5
      STITUTES EVIDENCE OF CONFORMANCE OF A TYPE.

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           (D) "COMMODITY IN PACKAGE FORM" MEANS A COMMODITY PUT UP OR

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      PACKAGED IN ANY MANNER IN ADVANCE OF SALE IN UNITS SUITABLE FOR

 8
      EITHER WHOLESALE OR RETAIL SALE INCLUDING AN INDIVIDUAL ITEM OR

 9
      LOT OF ANY COMMODITY NOT IN A FORM AS DESCRIBED IN THIS SUBDIVI-

10
      SION BUT UPON WHICH THERE IS MARKED A SELLING PRICE BASED ON AN

11
      ESTABLISHED PRICE PER UNIT OF WEIGHT OR OF MEASURE.  COMMODITY IN

12
      PACKAGE FORM DOES NOT INCLUDE AN AUXILIARY SHIPPING CONTAINER

13
      ENCLOSING PACKAGES THAT CONFORM TO THE REQUIREMENTS OF THIS ACT.

14
           (E) "CONSUMER PACKAGE" MEANS A COMMODITY IN PACKAGE FORM

15
      THAT IS CUSTOMARILY PRODUCED OR DISTRIBUTED FOR CONSUMPTION BY

16
      INDIVIDUALS OR FOR USE BY INDIVIDUALS FOR THE PURPOSES OF PER-

17
      SONAL CARE OR IN PERFORMANCE OF SERVICES ORDINARILY RENDERED IN

18
      OR ABOUT THE HOUSEHOLD OR IN CONNECTION WITH PERSONAL POSSESSIONS

19
      AND THAT USUALLY IS CONSUMED OR EXPENDED IN THE COURSE OF THAT

20
      CONSUMPTION OR USE.

21
           (F) "CORD", WHEN USED IN CONNECTION WITH WOOD INTENDED FOR

22
      FUEL PURPOSES OR FOR PULPWOOD, MEANS THE AMOUNT OF WOOD THAT IS

23
      CONTAINED IN A SPACE OF 128 CUBIC FEET WHEN THE WOOD IS RANKED

24
      AND WELL STOWED.

25
           (G) "DEPARTMENT" MEANS THE MICHIGAN DEPARTMENT OF

26
      AGRICULTURE.





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           (H) "DIRECTOR" MEANS THE DIRECTOR OF THE MICHIGAN DEPARTMENT

 2
      OF AGRICULTURE OR HIS OR HER DESIGNEE.

 3
           (I) "INSPECTOR" MEANS AN EMPLOYEE OR AGENT OF THE DEPARTMENT

 4
      AUTHORIZED TO ENFORCE THIS ACT.

 5
           (J) "NCWM" MEANS THE NATIONAL CONFERENCE ON WEIGHTS AND

 6
      MEASURES.

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           (K) "NIST" MEANS THE UNITED STATES DEPARTMENT OF COMMERCE,

 8
      NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

 9
           (l) "NTEP" MEANS THE NATIONAL TYPE EVALUATION PROGRAM ADMIN-

10
      ISTERED BY THE NCWM, IN COOPERATION WITH THE STATES, THE PRIVATE

11
      SECTOR, AND THE NIST FOR DETERMINING ON A UNIFORM BASIS CON-

12
      FORMANCE OF A TYPE.

13
           (M) "NONCONSUMER PACKAGE" MEANS ANY COMMODITY IN PACKAGE

14
      FORM OTHER THAN A CONSUMER PACKAGE AND INCLUDES, BUT IS NOT

15
      LIMITED TO, A PACKAGE DESIGNED SOLELY FOR INDUSTRIAL OR INSTITU-

16
      TIONAL USE OR FOR ONLY WHOLESALE DISTRIBUTION.

17
           (N) "PARTICIPATING LABORATORY" MEANS A STATE MEASUREMENT

18
      LABORATORY THAT HAS BEEN ACCREDITED BY NCWM TO CONDUCT A TYPE

19
      EVALUATION UNDER THE NTEP AND DETERMINED OTHERWISE ACCEPTABLE TO

20
      THE DIRECTOR.

21
           (O) "PLACED-IN-SERVICE REPORT" MEANS THE APPROVED FORM

22
      ISSUED TO REGISTERED SERVICE PERSONS AND REGISTERED SERVICE AGEN-

23
      CIES FOR THEIR USE IN ACCORDANCE WITH THE REQUIREMENTS OF

24
      SECTION 9B.

25
           (P) "REGISTERED SERVICE AGENCY" MEANS ANY AGENCY, FIRM, COM-

26
      PANY, OR CORPORATION THAT INSTALLS, SERVICES, REPAIRS, OR





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      RECONDITIONS COMMERCIAL WEIGHTS AND MEASURES AND THAT HOLDS A

 2
      REGISTRATION ISSUED BY THE DIRECTOR.

 3
           (Q) "REGISTERED SERVICE PERSON" MEANS AN INDIVIDUAL WHO

 4
      INSTALLS, SERVICES, REPAIRS, OR RECONDITIONS COMMERCIAL WEIGHTS

 5
      AND MEASURES AND WHO HOLDS A REGISTRATION ISSUED BY THE

 6
      DIRECTOR.

 7
           (R) "RULE" MEANS AN ADMINISTRATIVE RULE PROMULGATED UNDER

 8
      THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306,

 9
      MCL 24.201 TO 24.328.

10
           (S) "SELL" OR "SALE" MEANS SALE, BARTER, OR EXCHANGE.

11
           (T) "TON" MEANS A UNIT OF 2,000 POUNDS AVOIRDUPOIS WEIGHT.

12
           (U) "TYPE" MEANS A MODEL OF A PARTICULAR MEASUREMENT SYSTEM,

13
      INSTRUMENT, ELEMENT, OR A FIELD STANDARD THAT POSITIVELY IDENTI-

14
      FIES THE DESIGN AND THAT MAY VARY IN ITS MEASUREMENT RANGES,

15
      SIZE, PERFORMANCE, AND OPERATING CHARACTERISTICS AS SPECIFIED IN

16
      THE CERTIFICATE OF CONFORMANCE.

17
           (V) "TYPE EVALUATION" MEANS THE TESTING, EXAMINATION, AND

18
      EVALUATION OF A TYPE BY A PARTICIPATING LABORATORY.

19
           (W) "WEIGHT", IN CONNECTION WITH ANY COMMODITY, MEANS NET

20
      WEIGHT.

21
           (X) "WEIGHTS AND MEASURES" MEANS WEIGHTS AND MEASURES OF

22
      EVERY KIND, INSTRUMENTS AND DEVICES FOR WEIGHING AND MEASURING,

23
      GRAIN MOISTURE METERS, AND ANY APPLIANCES AND ACCESSORIES ASSOCI-

24
      ATED WITH ANY OR ALL OF THOSE INSTRUMENTS AND DEVICES.  WEIGHTS

25
      AND MEASURES INCLUDE AUTOMATIC CHECKOUT SYSTEMS.  WEIGHTS AND

26
      MEASURES DO NOT INCLUDE METERS FOR THE MEASUREMENT OF

27
      ELECTRICITY, NATURAL OR MANUFACTURED GAS, WATER, OR THE USAGE OF



   02999'01                                   7

 1
      COMMUNICATIONS SERVICES WHEN ANY OF THESE METERS ARE REGULATED

 2
      AND TESTED AS PART OF A PUBLIC UTILITIES SYSTEM.

 3
           Sec. 8.  (1) The director may promulgate  reasonable  rules

 4
      necessary to administer and enforce this act.  pursuant to Act

 5
      No. 306 of the Public Acts of 1969, as amended, being sections

 6
      24.201 to 24.315 of the Michigan Compiled Laws.  These rules may

 7
      include ANY OF THE FOLLOWING:

 8
           (a) Standards of net weight, measure, or count.

 9
           (b) Technical and reporting procedures and the report and

10
      record forms and marks of approval and rejection to be used by

11
      inspectors  of weights and measures  in the discharge of their

12
      official duties.

13
           (c) Exemptions from the sealing or marking requirements of

14
      section 14 with respect to weights and measures of the character

15
      or size that the sealing or marking would be inappropriate,

16
      impractical, or damaging to the apparatus in question.

17
           (d) With respect to classes of weights and measures  found

18
      DETERMINED BY THE DIRECTOR to be of a character that frequent

19
      retesting is unnecessary to continued accuracy, exemptions from

20
      the requirements of sections 9 and 10 for testing and schedules

21
      fixing the frequency of required retests for classes of devices

22
      so exempted.

23
           (e) The voluntary REGULATION AND registration of REGISTERED

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      service  personnel  PERSONS and REGISTERED service agencies.

25
       involved in scale inspection.

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           (F) STANDARDS FOR AUTOMATIC CHECKOUT SYSTEMS.





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           (2) The director shall promulgate rules  which  THAT provide

 2
      for specifications, tolerances, and regulations for weights and

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      measures specified in section 10  , which specifications, toler-

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      ances, and regulations  THAT are designed to eliminate from use,

 5
      without prejudice to apparatuses  which  THAT conform as closely

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      as practicable to the official standards, those APPARATUSES that

 7
      are not accurate, THAT are of such construction  that they are

 8
      not  SO AS NOT TO BE reasonably permanent in their adjustment or

 9
      will not repeat their indications correctly, or  which  THAT

10
      facilitate the perpetration of fraud.  The specifications, toler-

11
      ances, and regulations for commercial  weighing and measuring

12
      devices  WEIGHTS AND MEASURES, together with amendments to those

13
      specifications, tolerances, and regulations, as  recommended by

14
      the national bureau of standards and published in the 1982 edi-

15
      tion of the national bureau of standards handbook 44 and supple-

16
      ments thereto  DESCRIBED IN SECTION 28C, shall be the specifica-

17
      tions and tolerances for commercial  weighing and measuring

18
      devices  WEIGHTS AND MEASURES of this state  ,  except as
   specif-

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      ically SUPPLEMENTED, UPDATED, modified, amended, or rejected by a

20
      rule  promulgated by  OF the director.  For the purposes of this

21
      act, an apparatus shall be considered to be  "  correct  " 
   when

22
      it conforms to all applicable rules  promulgated  ADOPTED as

23
      specified in this section.  ; otherwise the  AN apparatus  shall

24
      be  IS considered to be  "  incorrect  "  IF
   IT DOES NOT CONFORM

25
      TO ALL APPLICABLE STANDARDS INCORPORATED BY REFERENCE IN

26
      SECTION 28C AND RULES ADOPTED UNDER THIS SECTION.





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            (3) The director shall promulgate rules pursuant to Act

 2
      No. 306 of the Public Acts of 1969, as amended, for the testing

 3
      and evaluation of grain moisture meters for accuracy.  The direc-

 4
      tor shall consult regularly with the representatives of produc-

 5
      ers, grain dealers, and their trade associations to assist in the

 6
      promulgation of rules and the implementation of this 1982 amenda-

 7
      tory act.  The rules shall provide for at least the following:

 8
           (a) The field standard to be used in the testing and evalu-

 9
      ation of grain moisture meters, which shall be the oven method

10
      for the kind of grain being tested as adopted by the United

11
      States department of agriculture and contained in chapter XII,

12
      equipment manual, GR instruction 916-6, published November 15,

13
      1971, by the United States department of agriculture consumer and

14
      marketing service.

15
           (b) Minimum acceptable tolerances for grain moisture

16
      meters.

17
           (c) A schedule for the implementation of this 1982 amenda-

18
      tory act.

19
           (3) THE DIRECTOR MAY GRANT EXEMPTIONS TO THE SPECIFICATIONS

20
      PUBLISHED IN THE STANDARDS, INCORPORATED BY REFERENCE IN

21
      SECTION 28C, IF A WRITTEN REQUEST FOR AN EXEMPTION IS SUBMITTED

22
      STATING THE REASON AN EXEMPTION IS REQUIRED OR DESIRABLE.  THE

23
      TERM OF ANY GRANTED EXEMPTION SHALL BE SET BY THE DIRECTOR WITH

24
      THE EXEMPTION SUBJECT TO REVOCATION IF THE TERMS OF THE EXEMPTION

25
      AGREEMENT ARE NOT MET.

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           SEC. 9A.  (1) A WEIGHING DEVICE MANUFACTURED OR PLACED IN

27
      SERVICE AFTER JANUARY 1, 1988 SHALL HAVE VALID CERTIFICATES OF



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      CONFORMANCE BEFORE USE FOR COMMERCIAL PURPOSES OR LAW ENFORCEMENT

 2
      PURPOSES.

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           (2) A MEASURING DEVICE MANUFACTURED OR PLACED IN SERVICE 6

 4
      MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED

 5
      THIS SECTION SHALL HAVE VALID CERTIFICATES OF CONFORMANCE BEFORE

 6
      USE FOR COMMERCIAL PURPOSES OR LAW ENFORCEMENT PURPOSES.

 7
           (3) THE DIRECTOR MAY OPERATE A PARTICIPATING LABORATORY AS

 8
      PART OF NTEP.  THE DIRECTOR MAY CHARGE AND COLLECT FEES PURSUANT

 9
      TO SECTION 10B FOR SERVICES RENDERED BY THE PARTICIPATING

10
      LABORATORY.

11
           SEC. 9B.  (1) THE DIRECTOR SHALL ISSUE A REGISTRATION FOR

12
      SERVICE PERSONS AND SERVICE AGENCIES SEEKING REGISTRATION UNDER

13
      THIS SECTION IN ACCORDANCE WITH THE STANDARDS DESCRIBED IN

14
      SECTION 28C.  REGISTRATION WITH THE DIRECTOR UNDER THIS SECTION

15
      IS VOLUNTARY.

16
           (2) A PERSON MAY APPLY FOR INITIAL AND RENEWAL REGISTRATION

17
      AS A SERVICE PERSON OR SERVICE AGENCY IN COMPETENCY AREAS.

18
      COMPETENCE IN A SUBJECT MATTER AREA MAY BE DEMONSTRATED BY EITHER

19
      SUBMITTING A CERTIFICATE OF COMPLETION OF THE NCWM TRAINING

20
      MODULE DESCRIBED IN SECTION 28C FOR THAT AREA OR BY SCORING AT

21
      LEAST 80% ON A DEPARTMENT-APPROVED COMPETENCY TEST FOR THAT AREA

22
      IN COMPLIANCE WITH THE STANDARDS DESCRIBED IN SECTION 28C.

23
      DOCUMENTATION OF COMPETENCY IS NOT REQUIRED FOR RENEWAL UNLESS

24
      DOCUMENTATION OF COMPETENCY IS REQUIRED AS A RESULT OF CHANGES IN

25
      THE NCWM TRAINING MODULE AND THOSE CHANGES ARE ADOPTED BY RULE OF

26
      THE DIRECTOR OR AS OTHERWISE REQUIRED BY LAW.





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           (3) THE TERM OF REGISTRATION IS 2 YEARS FROM THE DATE OF

 2
      ISSUANCE.  A REGISTRATION MAY BE TRANSFERRED TO A DIFFERENT

 3
      SERVICE AGENCY IF THE REGISTRATION IS RETAINED BY THE ORIGINAL

 4
      SERVICE PERSON AND THE NEW SERVICE AGENCY PAYS THE SERVICE AGENCY

 5
      REGISTRATION FEE.

 6
           (4) SUBJECT TO SECTION 10B(1), THE FEE FOR REGISTRATION

 7
      UNDER THIS SECTION IS $150.00 PER SERVICE AGENCY AND $50.00 PER

 8
      SERVICE PERSON.

 9
           (5) CERTIFICATION OF STANDARDS USED BY THE REGISTERED SERV-

10
      ICE PERSON OR REGISTERED SERVICE AGENCY SHALL BE ACCOMPLISHED BY

11
      THE REGISTRANT AT LEAST BIANNUALLY.  THE CERTIFICATION OF STAN-

12
      DARDS MAY BE DONE AT ANY PARTICIPATING LABORATORY.  THE REGIS-

13
      TRANT SHALL SUBMIT DOCUMENTATION OF NIST ACCREDITATION WITH THE

14
      REGISTRATION OR RENEWAL APPLICATION.

15
           (6) THE DIRECTOR MAY DENY, SUSPEND, OR REVOKE A REGISTRATION

16
      FOR A VIOLATION OF THIS ACT OR RULES ADOPTED UNDER THIS ACT.

17
      ENFORCEMENT ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, THE

18
      FOLLOWING:

19
           (A) WRITTEN WARNING.

20
           (B) CONFERENCE WITH THE DIRECTOR.

21
           (C) SUSPENSION OF THE REGISTRATION.

22
           (D) REVOCATION OF THE REGISTRATION.

23
           (7) BEFORE THE SUSPENSION OR REVOCATION OF A REGISTRATION,

24
      THE DIRECTOR SHALL NOTIFY THE REGISTRANT IN WRITING STATING THE

25
      REASONS FOR THE REGISTRATION BEING SUBJECT TO SUSPENSION OR REVO-

26
      CATION AND ADVISING THAT THE REGISTRATION SHALL BE SUSPENDED OR

27
      REVOKED 15 DAYS AFTER THE SENDING OF THE NOTICE UNLESS THE



   02999'01                                  12

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      REGISTRANT FILES A REQUEST FOR A HEARING WITHIN THE DEPARTMENT

 2
      WITHIN THAT 15-DAY PERIOD.  IF A WRITTEN REQUEST FOR A HEARING IS

 3
      NOT FILED WITHIN THE 15-DAY PERIOD, THE DEPARTMENT SHALL SUSPEND

 4
      OR REVOKE THE REGISTRATION.

 5
           (8) A NOTICE UNDER SUBSECTION (7) IS CONSIDERED PROPERLY

 6
      SERVED WHEN IT IS PERSONALLY DELIVERED TO THE REGISTRANT OR WHEN

 7
      IT IS SENT BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT

 8
      REQUESTED, TO THE REGISTRANT'S LAST KNOWN ADDRESS.

 9
           (9) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS ACT, THE DIREC-

10
      TOR MAY INITIATE ENFORCEMENT ACTION AGAINST A REGISTERED SERVICE

11
      PERSON OR REGISTERED SERVICE AGENCY FOR ANY OR ALL OF THE

12
      FOLLOWING:

13
           (A) FAILURE OF A WEIGHING AND MEASURING DEVICE DURING AN

14
      OFFICIAL INSPECTION WITHIN 30 DAYS AFTER BEING PLACED IN SERVICE

15
      FOLLOWING AN INITIAL INSTALLATION OR FOLLOWING A MAJOR OVERHAUL

16
      OR REPAIR, AS THE RESULT OF AN OFFICIAL CONDEMNATION.

17
           (B) THE RETURN TO COMMERCIAL USE OF A DEVICE TAGGED "NOT

18
      SEALED".

19
           (C) PLACING A DEVICE IN SERVICE WITH IMPROPER OR INSUFFI-

20
      CIENT STANDARDS.

21
           (D) FALSIFYING A PLACED-IN-SERVICE REPORT OR TEST REPORT.

22
           (E) PLACING IN SERVICE OR ALLOWING TO REMAIN IN SERVICE,

23
      WITHOUT NOTIFYING THE DIRECTOR, AN INCORRECT WEIGHING OR MEASUR-

24
      ING DEVICE.  WITHIN 5 BUSINESS DAYS AFTER A DEVICE IS RESTORED TO

25
      SERVICE OR PLACED IN SERVICE, THE ORIGINAL OF A PROPERLY EXECUTED

26
      PLACED-IN-SERVICE REPORT, TOGETHER WITH ANY OFFICIAL REJECTION

27
      TAG REMOVED FROM THE DEVICE, SHALL BE MAILED TO THE DIRECTOR.



   02999'01                                  13

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           Sec. 10a.  (1) A fee shall not be charged for the regular

 2
      inspection of  scales, weights, measures, and weighing or measur-

 3
      ing devices  ANY ITEM OR COMMODITY SUBJECT TO THIS ACT.  A fee

 4
      shall be charged to the owner  of a scale, weight, measure, or

 5
      weighing or measuring device for its inspection when  OR RESPON-

 6
      SIBLE PARTY OF ANY ITEM OR COMMODITY SUBJECT TO THIS ACT UNDER

 7
      EITHER OF THE FOLLOWING CIRCUMSTANCES:

 8
           (a) The inspection is a reinspection of  a device  AN ITEM

 9
      OR A LOT SAMPLE OF A COMMODITY SUBJECT TO THIS ACT that has been

10
      tested and found incorrect.

11
           (b) The inspection is performed at the request of the owner

12
      OR RESPONSIBLE PARTY.

13
           (2) The department shall fix the fees and expenses for spe-

14
      cial services, INCLUDING FEES FOR VOLUNTARY REGISTRATION AND TYPE

15
      EVALUATION.   Moneys  MONEY collected by the department for spe-

16
      cial services, fees, and penalties  ,  shall be paid into the

17
       state treasury  GENERAL FUND and credited to the department of

18
      agriculture for weights and measures programs.

19
           Sec. 10b.  (1) The department  of agriculture shall  MAY

20
      ANNUALLY adjust the schedule of fees for REINSPECTIONS, VOLUNTARY

21
      REGISTRATIONS, TYPE EVALUATIONS, special weights and measures

22
      inspections, AND OTHER SPECIAL SERVICES to provide that each

23
       type  CATEGORY of fee charged is sufficient to cover the cost of

24
      the  reinspection,  ACTIVITIES and that the aggregate of fees

25
      collected  shall be  IS sufficient to pay for all salaries and

26
      other expenses connected with  reinspection  THE ACTIVITIES.





   02999'01                                  14

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            (2) The department of agriculture shall review and adjust

 2
      its schedule of fees for reinspections at the end of each year

 3
      and have all fees charged approved by the director before they

 4
      are adopted.

 5
           (2) AN OWNER OR OPERATOR OF WEIGHTS AND MEASURES THAT ARE

 6
      ASSESSED AN ADMINISTRATIVE FINE, CIVIL FINE, OR A FEE AS

 7
      DESCRIBED IN THIS SECTION OR SECTION 10A, OR ANY COMBINATION OF

 8
      ADMINISTRATIVE FINE, CIVIL FINE, OR FEE, WHO DOES NOT PAY THE

 9
      ADMINISTRATIVE FINE, CIVIL FINE, OR FEE WITHIN 60 DAYS AFTER

10
      WRITTEN NOTICE OF THE ASSESSMENT IS SENT MAY BE SUBJECT TO A STOP

11
      USE ORDER, ISSUED BY THE DIRECTOR, FOR THOSE WEIGHTS AND

12
      MEASURES.

13
           SEC. 28C.  (1) THE METHOD OF SALE OF A COMMODITY SOLD IN

14
      MICHIGAN SHALL CONFORM TO THE "UNIFORM REGULATION FOR THE METHOD

15
      OF SALE OF COMMODITIES" PUBLISHED IN THE 2002 EDITION OF THE NIST

16
      HANDBOOK 130, INCORPORATED BY REFERENCE, EXCEPT WHERE MODIFIED BY

17
      RULE.

18
           (2) THE PACKAGING AND LABELING REQUIREMENTS FOR COMMODITIES

19
      SOLD IN MICHIGAN SHALL CONFORM TO THE "UNIFORM PACKAGING AND

20
      LABELING REGULATION" PUBLISHED IN THE 2002 EDITION OF THE NIST

21
      HANDBOOK 130, INCORPORATED BY REFERENCE, EXCEPT FOR SECTION 13 OF

22
      THAT PUBLICATION OR EXCEPT AS OTHERWISE MODIFIED BY RULE.

23
           (3) A CERTIFICATE OF CONFORMANCE FOR A TYPE SHALL COMPLY

24
      WITH THE REQUIREMENTS OF NCWM PUBLICATION 14, "NATIONAL TYPE

25
      EVALUATION PROGRAM TECHNICAL POLICY, CHECKLISTS AND TEST

26
      PROCEDURES" AND THE 2002 EDITION OF THE NIST HANDBOOK 44,





   02999'01                                  15

 1
      "SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR

 2
      WEIGHING AND MEASURING DEVICES", INCORPORATED BY REFERENCE.

 3
           (4) THE DETERMINATION FOR A UNIFORM BASIS CONFORMANCE FOR A

 4
      TYPE SHALL COMPLY WITH NCWM PUBLICATION 14, "NATIONAL TYPE EVALU-

 5
      ATION PROGRAM TECHNICAL POLICY, CHECKLISTS AND TEST PROCEDURES"

 6
      AND THE 2002 EDITION OF THE NIST HANDBOOK 44, "SPECIFICATIONS,

 7
      TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR WEIGHING AND

 8
      MEASURING DEVICES", INCORPORATED BY REFERENCE.

 9
           (5) THE SPECIFICATIONS, TOLERANCES, AND REGULATIONS FOR COM-

10
      MERCIAL WEIGHTS AND MEASURES SHALL BE IN COMPLIANCE WITH THE

11
      STANDARDS CONTAINED IN THE 2002 EDITION OF THE NIST HANDBOOK 44,

12
      INCORPORATED BY REFERENCE.

13
           (6) REGISTRATION FOR SERVICE PERSONS AND SERVICE AGENCIES

14
      AND COMPETENCY TESTS SHALL BE IN COMPLIANCE WITH THE STANDARDS

15
      CONTAINED IN THE 2002 EDITION OF THE NIST HANDBOOK 130, "UNIFORM

16
      REGULATION FOR THE VOLUNTARY REGISTRATION OF SERVICE PERSONS AND

17
      SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES",

18
      INCORPORATED BY REFERENCE, AND THE NIST HANDBOOK 44, INCORPORATED

19
      BY REFERENCE.

20
           Sec. 31. (1) A person who, by himself or herself or by the

21
      person's servant or agent, or as the servant or agent of another

22
      person,  performs  ENGAGES IN any of the following acts is guilty

23
      of a misdemeanor  and may be fined  PUNISHABLE BY A FINE OF NOT

24
      LESS THAN $1,000.00 OR not more than  $5,000.00  $10,000.00, or

25
      imprisoned for not more than 1 year, or both:

26
           (a) Use or have in possession for the purpose of using for

27
      any commercial purpose specified in section 10, sell, offer,  or



   02999'01                                  16

 1
      expose for sale or hire, or have in possession for the purpose of

 2
      selling or hiring,  an  incorrect  weight or measure  WEIGHTS
   AND

 3
      MEASURES or any device or instrument used or calculated to fal-

 4
      sify any  weight or measure  WEIGHTS AND MEASURES.

 5
           (b) Use or have in possession for current use in the buying

 6
      or selling of any commodity or thing,  or  for hire or award, or

 7
      in the computation of any basic charge or payment for services

 8
      rendered on the basis of  weight or measure  WEIGHTS AND MEASURES

 9
      or in the determination of  weight and measure  WEIGHTS AND

10
      MEASURES, when a charge is made for the determination,  a weight

11
      or measure  WEIGHTS AND MEASURES that  has  HAVE not been
   tested

12
      and sealed by the appropriate authority, unless 1 or more of the

13
      following conditions are met:

14
           (i)  Written notice has been given to the appropriate

15
      authority to the effect that the weight or measure is available

16
      for examination, or is due for reexamination.  A PROPERLY EXE-

17
      CUTED AND COMPLETED PLACED-IN-SERVICE REPORT HAS BEEN DELIVERED

18
      TO THE DIRECTOR AS NOTIFICATION THAT THE WEIGHTS AND MEASURES

19
      HAVE BEEN PLACED IN SERVICE BY A REGISTERED SERVICEPERSON.

20
           (ii) Permission to use the  weight or measure  WEIGHTS AND

21
      MEASURES has been received from the appropriate authority.

22
           (iii) The  weight or measure has  WEIGHTS AND MEASURES HAVE

23
      been exempted from sealing or testing requirements by section 10

24
      or by  regulation  RULE of the director issued under section 8.

25
           (c) Dispose of  a  rejected or condemned  weight or
   measure

26
      WEIGHTS AND MEASURES in a manner contrary to law or  regulation

27
      RULE.



   02999'01                                  17

 1
           (d) Remove from  a weight or measure  WEIGHTS AND MEASURES,

 2
      contrary to law or  regulation  RULE, a tag, seal, or mark placed

 3
      on the  weight or measure  WEIGHTS AND MEASURES by the appropri-

 4
      ate authority.

 5
           (e) Sell,  or  offer, or expose for sale  ,  less than
   the

 6
      quantity he or she represents of a commodity, thing, or service.

 7
           (f) Take more than the quantity he or she represents of a

 8
      commodity, thing, or service when, as buyer, he or she furnishes

 9
      the weight OF THE COMMODITY, THING, OR SERVICE or THE measure OF

10
      THE COMMODITY, THING, OR SERVICE by means of which the amount of

11
      the commodity, thing, or service is determined.

12
           (g) Advertise,  or  offer,  or  expose for sale, or sell
   a

13
      commodity, thing, or service in a condition or manner contrary to

14
      law.

15
           (h) Use in retail trade, except in the preparation of pack-

16
      ages put up in advance of sale and of medical prescriptions,  a

17
      weight or measure  WEIGHTS AND MEASURES that  is  ARE not so

18
      positioned that  its  THEIR indications may be accurately read

19
      and the weighing or measuring operation observed from some posi-

20
      tion which may reasonably be occupied by a customer.

21
           (i) Violate a provision of this act or of the  regulations

22
      RULE promulgated under this act for which a specific penalty has

23
      not been prescribed.

24
           (j) Sell, offer, or expose for sale to licensed wholesale

25
      distributors and dealers  ,  gasoline or any middle distillate

26
      petroleum product on any basis other than a U.S. gallon of 231

27
      cubic inches or metric equivalent unless freely requested to do



   02999'01                                  18

 1
      so in writing by a licensed wholesale distributor, dealer, or end

 2
      user for an annual period of time or for the length of the

 3
      contract.  This subdivision  shall  DOES not apply to the sale or

 4
      offer for sale of number 4, 5, or 6 petroleum fuels as described

 5
      as having American petroleum institute gravity at 60øF of 28 or

 6
      less, a specific gravity greater than .8871  .  This subdivision

 7
      also shall  AND DOES not apply to the sale or exchange of gaso-

 8
      line or any middle distillate petroleum product among petroleum

 9
      refiners.

10
           (K) DELIVER OR ISSUE A WEIGHT QUANTITY DETERMINATION OR A

11
      MEASURE QUANTITY DETERMINATION UPON WHICH A COMMERCIAL TRANSAC-

12
      TION IS, OR IS INTENDED TO BE, COMPUTED WITHOUT THE USE OF

13
      WEIGHTS AND MEASURES.

14
           (l) FAIL TO PAY A FEE OR FINE IMPOSED UNDER THIS ACT.

15
           (2) A person who, by himself or herself or by the person's

16
      servant or agent, or as a servant or agent of another person,

17
      fails to disclose to the department  of agriculture  any knowl-

18
      edge of information relating to, or observation of, any device or

19
      instrument added to or modifying any weight or MODIFYING ANY mea-

20
      sure for the purpose of selling,  or  offering, or exposing for

21
      sale  ,  less than the quantity represented of a commodity or

22
      calculated to falsify the weight or measure, if the person is an

23
      owner or employee of an entity involved in the installation,

24
      repair, sale, or inspection of  weighing or measuring devices

25
      WEIGHTS AND MEASURES, is guilty of a misdemeanor and may be fined

26
      not more than $1,000.00, or imprisoned for not more than 90 days,

27
      or both.



   02999'01                                  19

 1
           (3) A person who, by himself or herself or by the person's

 2
      servant or agent, or as a servant or agent of another person,

 3
      performs any of the following acts is guilty of a felony punish-

 4
      able by a fine of not less than $1,000.00 or not more than

 5
       $10,000.00  $20,000.00, by a fine of not more than twice the

 6
      amount of any money gained for each day on which a violation has

 7
      been found, by imprisonment for not more than 5 years, or by all

 8
       3  of these penalties:

 9
           (a) Adds to or modifies  a  commercial  weight or measure

10
      WEIGHTS AND MEASURES by the addition of a device or instrument

11
      that would allow the sale, or the offering or exposure for sale,

12
      of less than the quantity represented of a commodity or the fal-

13
      sification of the  weight or measure  WEIGHTS AND MEASURES.

14
           (b) Intentionally commits any of the acts listed in subsec-

15
      tion (1) or (2).

16
           (C) COMMITS A PROHIBITED ACT AS DESCRIBED IN THIS SECTION

17
      WITHIN 24 MONTHS OF ANOTHER VIOLATION OF THIS SECTION THAT

18
      RESULTS IN A CONVICTION.

19
           (4) When a violation results in a conviction under this act,

20
      the court may assess against the defendant or his or her agent

21
      the costs of  prosecution  INVESTIGATION and  such monies  THE

22
      MONEY shall be paid to the agency  which  THAT incurred the

23
      expense.

24
           SEC. 31A.  (1) THE DIRECTOR, UPON DETERMINATION THAT A

25
      PERSON WHO, BY HIMSELF OR HERSELF, HIS OR HER AGENT OR EMPLOYEE,

26
      OR AS THE AGENT OR EMPLOYEE OF ANOTHER, HAS VIOLATED THIS ACT OR





   02999'01                                  20

 1
      RULES PROMULGATED UNDER THIS ACT, MAY ENTER INTO A CONSENT

 2
      AGREEMENT FOR THE ASSESSMENT OF A CIVIL FINE AS FOLLOWS:

 3
           (A) FOR A FIRST VIOLATION, NOT LESS THAN $50.00 AND NOT MORE

 4
      THAN $1,000.00 PLUS ACTUAL COSTS OF THE INVESTIGATION AND THE

 5
      AMOUNT OF ANY ECONOMIC BENEFIT ASSOCIATED WITH THE VIOLATION.

 6
           (B) FOR A SECOND VIOLATION WITHIN 2 YEARS OF THE FIRST VIO-

 7
      LATION, NOT LESS THAN $100.00 AND NOT MORE THAN $5,000.00 PLUS

 8
      ACTUAL COSTS OF THE INVESTIGATION AND THE AMOUNT OF ANY ECONOMIC

 9
      BENEFIT ASSOCIATED WITH THE VIOLATION.

10
           (C) FOR A THIRD VIOLATION WITHIN 2 YEARS FROM THE DATE OF

11
      THE FIRST VIOLATION, NOT LESS THAN $500.00 AND NOT MORE THAN

12
      $10,000.00 PLUS ACTUAL COSTS OF THE INVESTIGATION AND THE AMOUNT

13
      OF ANY ECONOMIC BENEFIT ASSOCIATED WITH THE VIOLATION.

14
           (2) IF A PERSON ALLEGED TO HAVE VIOLATED THIS ACT OR RULES

15
      PROMULGATED UNDER THIS ACT DOES NOT ENTER INTO A WRITTEN CONSENT

16
      AGREEMENT AS DESCRIBED IN SUBSECTION (1), THE DIRECTOR MAY DO

17
      EITHER OF THE FOLLOWING:

18
           (A) INITIATE A CRIMINAL PROSECUTION.

19
           (B) COMMENCE AN ADMINISTRATIVE HEARING CONDUCTED PURSUANT TO

20
      THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306,

21
      MCL 24.201 TO 24.328, IN THE CASE OF A PERSON HOLDING A REGISTRA-

22
      TION UNDER THIS ACT, OR COMMENCE A CIVIL VIOLATION PROCEEDING IN

23
      A COURT OF COMPETENT JURISDICTION REGARDING ANY OTHER PERSON.

24
           (3) UPON FINDING A VIOLATION OF ANY PROVISION OF THIS ACT OR

25
      RULES PROMULGATED UNDER THIS ACT AS A RESULT OF THE COMMENCEMENT

26
      OF AN ACTION UNDER SUBSECTION (2)(B), THE DIRECTOR SHALL ASSESS

27
      AN ADMINISTRATIVE FINE OR A CIVIL FINE OF NOT MORE THAN



   02999'01                                  21

    1 $10,000.00 PLUS ACTUAL COSTS OF THE INVESTIGATION AND THE AMOUNT

 2
      OF ANY ECONOMIC BENEFIT ASSOCIATED WITH THE VIOLATION.

 3
           (4) THE DECISION OF THE DIRECTOR PURSUANT TO A PROCEEDING

 4
      UNDER THIS SECTION IS SUBJECT TO APPROPRIATE JUDICIAL REVIEW AS

 5
      PROVIDED BY LAW.

 6
           (5) THE DIRECTOR SHALL ADVISE THE ATTORNEY GENERAL OF THE

 7
      FAILURE OF ANY PERSON TO PAY AN ADMINISTRATIVE FINE OR CIVIL FINE

 8
      IMPOSED UNDER THIS SECTION.  THE ATTORNEY GENERAL SHALL BRING AN

 9
      ACTION IN A COURT OF COMPETENT JURISDICTION TO RECOVER THE FINE.

10
           (6) ANY CIVIL FINES OR RECOVERY OF ANY ECONOMIC BENEFITS

11
      ASSOCIATED WITH A VIOLATION OF THIS ACT AND COLLECTED UNDER THIS

12
      SECTION SHALL BE PAID TO THE GENERAL FUND AND CREDITED TO THE

13
      DEPARTMENT FOR THE ENFORCEMENT OF THIS ACT.

14
           Enacting section 1.  1972 PA 315, MCL 289.271 to 289.276, is

15
      repealed.



























   02999'01          Final page.                            LBO