HB-6608, As Passed Senate, December 10, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6608

     A bill to amend 1964 PA 283, entitled

"Weights and measures act,"

by amending section 28c (MCL 290.628c), as amended by 2003 PA 189.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 28c. (1) The Except as otherwise provided for in this

subsection, the method of sale of a commodity sold in Michigan

shall conform to the "uniform regulation for the method of sale of

commodities" published in the 2002 edition of the NIST handbook

130, incorporated by reference, except as otherwise provided in

this section or where modified by rule. Section 2.20.1 of the

uniform regulation for the method of sale of commodities is not

adopted. The method of sale for liquefied petroleum gas sold in

Michigan is excluded from conforming to the "uniform regulation for

the method of sale commodities" published in the 2002 edition of

the NIST handbook 130. The buying and selling of liquefied

petroleum gas may be conducted by the pound, gallon, metered cubic

foot, or flat rate price, with the price rate clearly published and

documented. Upon request by a customer, a retailer must disclose

the actual pounds, gallons, or metered cubic feet included in the

flat rate price. The requirements of this subsection apply only to

tanks of 100 pounds or less.

     (2) The packaging and labeling requirements for commodities

sold in Michigan shall conform to the "uniform packaging and

labeling regulation" published in the 2002 edition of the NIST

handbook 130, incorporated by reference, except for section 13 of

that publication or except as otherwise modified by rule.

     (3) A certificate of conformance for a type shall comply with

the requirements of NCWM publication 14, "national type evaluation

program technical policy, checklists and test procedures" and the

2002 edition of the NIST handbook 44, "specifications, tolerances,

and other technical requirements for weighing and measuring

devices", incorporated by reference.

     (4) The determination for a uniform basis conformance for a

type shall comply with NCWM publication 14, "national type

evaluation program technical policy, checklists and test

procedures" and the 2002 edition of the NIST handbook 44,

"specifications, tolerances, and other technical requirements for

weighing and measuring devices", incorporated by reference.

     (5) The specifications, tolerances, and regulations for

commercial weights and measures shall be in compliance with the

standards contained in the 2002 edition of the NIST handbook 44,

incorporated by reference.

     (6) Registration for service persons and service agencies and

competency tests shall be in compliance with the standards

contained in the 2002 edition of the NIST handbook 130, "uniform

regulation for the voluntary registration of service persons and

service agencies for commercial weighing and measuring devices",

incorporated by reference, and the NIST handbook 44, incorporated

by reference.