This filing was published in the 11/01/2008, issue, Vol. 2008, No. 21, of the Utah State Bulletin.
Agriculture and Food, Regulatory Services
Voluntary Registration of Servicemen and Service Agencies for Commercial Weighing and Measuring Devices
NOTICE OF PROPOSED RULE
DAR File No.: 31992
Filed: 10/02/2008, 07:52
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to improve the effectiveness of the state mandate to assure that commercial weighing and measuring devices are properly placed into service and maintained.
Summary of the rule or change:
This rule: a) makes registration a requirement rather than a voluntary action; b) requires registered service persons to demonstrate competency every three years by attending a free state-provided training course and passing an exam; c) removes the requirement for service agencies to be registered; d) requires security seals to be submitted; and e) requires the Department to notify the employer whenever a registration is suspended or revoked.
State statutory or constitutional authorization for this rule:
Sections 4-9-2 and 4-9-5.4
Anticipated cost or savings to:
the state budget:
There will be no impact to the state budget because the Division will internally reallocate resources from inspections to education and training services.
The rule places no responsibility on local government. There should be no cost or savings to them.
small businesses and persons other than businesses:
The rule should provide cost savings for petroleum retailers and consumers. An aggregate savings of $150 annually to the service agencies in Utah.
Compliance costs for affected persons:
Registered service persons will spend about four hours of their time every three years to sit for the training course and take the exam.
Comments by the department head on the fiscal impact the rule may have on businesses:
Implementation of this rule will improve the overall effectiveness of the Weights and Measure program and will provide added assurances that both the seller and buyer have equity in the marketplace. Leonard M. Blackham, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Agriculture and Food
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034
Direct questions regarding this rule to:
Richard W Clark, Kathleen Mathews, Brett Gurney, or Kyle Stephens at the above address, by phone at 801-538-7150, 801-538-7103, 801-538-7158, or 801-538-7102, by FAX at 801-538-7126, 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at RICHARDWCLARK@utah.gov, email@example.com, firstname.lastname@example.org, or email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Leonard M. Blackham, Commissioner
R70. Agriculture and Food, Regulatory Services.
Voluntary ]Registration of [ Servicemen]
[ and Service Agencies ]for Commercial Weighing and Measuring Devices.
Promulgated under Section 4-9-2.
It shall be the policy of the Division of
Regulatory Services, Weights and Measures Program, of the Utah Department of
Agriculture and Food to accept [
voluntary ]registration of[ : A.
] an individual [ and/or]
B. an agency that p]rovides
acceptable evidence that [ he
or it] is fully qualified to install, service, repair, or
recondition a commercial weighing or measuring device[ ;] has
a thorough working knowledge of all appropriate weights and measures laws,
orders, rules, and regulations; and
has possession of, or has accessible for his use, weights and
measures standards and testing equipment certified by the Department of
Agriculture and Food to be appropriate in design and capacity.[
shall in no way preclude or limit the right and privilege of any qualified
individual or agency not registered with the Department of Agriculture and Food
to install, service, repair, or recondition a commercial weighing or measuring
A.] "Registered [ Servicemen]"
[ - shall be construed to ]mean any individual who for hire,
award, commission, or any other payment of any kind, installs, services,
repairs [ or ]reconditions a commercial weighing or measuring device, and who [ voluntarily
registers himself as such ] [ with] the
Department of Agriculture and Food .
B.] "[ Registered ]Service
Agency"[ - shall be construed to] mean any agency, firm,
company, or corporation which, for hire, award, commission, or any other
payment of any kind, installs, services, repairs, [ or ]reconditions a commercial weighing or measuring
device[ , and which voluntarily registers itself as such with the Department
of Agriculture and Food. Under agency
registration, identification of individual servicemen shall be required].
C.] "Commercial Weighing and Measuring
Device" [ - shall include] any weight or measure or
weighing or measuring device commercially used or employed in establishing the
size, quantity, extent, area, or measurement of quantities, things, product, or
articles for distribution or consumption, purchased, offered or submitted for
sale, hire, or award or in computing any basic charge or payment for services
rendered on the basis of weight or measure, and shall also include any
accessory attached to or used in connection with a commercial weighing or
measuring device when such accessory is so designed or installed that its
operation affects, or may affect, the accuracy of the device.
The Department of
Agriculture and Food may enter into a reciprocal agreement with any other State
or States that have similar [
voluntary ]registration policies. Under such agreement, the [ R]egistered
[ Servicemen] [ and the Registered Service
Agencies ]of the States party to the reciprocal agreement are granted full
reciprocal authority, including reciprocal recognition of certification of
standards and testing equipment, in all states party to such agreement.
R70-910-5. Registration Fee.
for and renewal of registration, the applicant shall pay to the Department of
Agriculture and Food a registration fee determined by the department pursuant
to subsection 4-2-2(2) for [
R]egistered [ Serviceman][
and/or Registered Service Agency].
Registration shall expire December 31 of each year, and shall be renewed
An individual [
or agency ]may
apply for [ voluntary ]registration to service weighing [ devices ]or measuring devices on [ an] application form[ supplied by the
Department of Agriculture and Food.
Said form, duly signed and witnessed, shall include certification by the
applicant that the individual or agency is fully qualified to install, service,
repair, or recondition such devices as specified upon registration; has in
possession, or available for his use, all necessary testing equipment and
standards; and has full knowledge of all appropriate weights and measures laws,
orders, rules, and regulation]. An
applicant also shall submit appropriate evidence [ or references as to
R70-910-7. Certificate of Registration.
Upon receipt and acceptance of a properly executed application form, the Department of Agriculture and Food shall issue to the applicant a "Certificate of Registration," including an assigned registration number, which shall remain effective until returned by the applicant, withdrawn by the Department of Agriculture and Food, or registration expires.
Privileges of a [
The bearer of a Certificate of Registration shall have the authority to
an official rejection tag or mark placed on a weighing or measuring device by
the authority of the Department of Agriculture and Food;
in service, until such time as an official examination can be made, a
weighing or measuring device that has been officially rejected[ ;][ and place in
service, until such time as an official examination can be made, a new or used
weighing or measuring device.]
R70-910-9. Place in Service Report.
The Department of
Agriculture and Food shall [
furnish] each [ R]egistered
[ Serviceman] [ and Registered Service Agency] [ with a supply of report forms to be known as "]Placed
in Service Report[ s"].
[ Such a form shall be executed in triplicate, shall include the
assigned registration number, and shall be signed by a Registered Serviceman or
by a serviceman representing a] [ Registered
Agency ]for each rejected device restored to service and for each newly
installed device placed in service. [ Within
24 hours after a device is restored to service, or placed in service, the
original of the properly executed Place in Service Report, together with any
official rejection tag removed from the device,] shall be mailed to the Department of
Agriculture and Food, the Division of Regulatory Services, Weights and Measures
Program, 350 North Redwood Rd, PO Box 146500, Salt Lake City, UT
84114-6500. [ The]
duplicate copy of the report shall be retained by the owner or operator of the
device, and [ the triplicate] copy of the report shall
be retained by the [ R]egistered [ Serviceman]
or [ Agency].
R70-910-10. Standards and Testing Equipment.
R]egistered [ Serviceman]
[ and a Registered Service Agency ]shall submit, at least biennially to
the Department of Agriculture and Food, for examination and certification, any
testing equipment and standards that are used, or are to be used, in [ the
performance of the service and testing functions with respect to weighing and
measuring devices for which competence is registered].
R]egistered [ Serviceman]
[ or Agency shall] not use in officially servicing
commercial weighing or measuring devices any standards or testing
equipment that have not been certified by the Department of Agriculture and
Qualification to Service Heavy Capacity Scales.
No registered [
agency or serviceman] shall be qualified to place in
service or remove a [ R]ejection [ T]ag from a heavy
capacity scale unless [ such registered service agency or serviceman]
has adequate testing weights certified by the Utah Department of Agriculture
and Food, Division of Regulatory Services, Weights and Measures Program. Adequate testing weights shall be deemed to
be 10,000 pounds of test weights or one-fourth the capacity of the scale,
whichever is less.
12]. [ Revocation of Certificate of
The Department of
Agriculture and Food may, for good cause, after careful investigation,
consideration, and due notice and process which shall include an opportunity
for a hearing, suspend or revoke a Certificate of Registration, Section 4-1-5
and Section 63-46b.]
13]. [ Publication of Lists of Registered
Servicemen and Registered Service Agencies.]
The Department of Agriculture and Food shall
publish, and may supply upon request, lists of Registered Servicemen and
Registered Service Agencies.]
Date of Enactment or Last Substantive
February 12, 2002]
Notice of Continuation: November 3, 2005
Authorizing, and Implemented or Interpreted Law: 4-9-2
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For questions regarding the content or application of this rule, please contact Richard W Clark, Kathleen Mathews, Brett Gurney, or Kyle Stephens at the above address, by phone at 801-538-7150, 801-538-7103, 801-538-7158, or 801-538-7102, by FAX at 801-538-7126, 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at RICHARDWCLARK@utah.gov, firstname.lastname@example.org, email@example.com, or firstname.lastname@example.org
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 10/29/2008 9:23 PM