Subject 40-15-2 WEIGHTS AND MEASURES
|(1)||All weights and measures or weighing and measuring devices used commercially to fix rates or charges for services, buying or selling, together with the products bought, sold, bartered, or traded over, measured therewith, or contained therein shall come within the scope of these regulations.|
|(2)||These regulations shall apply equally to all weighing and measuring devices used or employed in institutions of the State of Georgia, for which public funds have been appropriated, in checking the receipt or disbursement of supplies.|
|(3)||These regulations shall not apply except to exclude those weighing and measuring devices advertised or declared to be "not suitable for commercial uses;" and for which it shall be illegal to use in any commercial situations or conditions.|
|(1)|| The legal weight of the following
articles or commodities per bushel, box, crate, lug, bag, or barrel shall be
the legal weight or volume as indicated in the following table, or as
determined by a federal licensed inspector whenever applicable:
|(2)||Any grains may be sold, exchanged, bartered or traded in hundred weight unit when such unit facilitates sale or transfer.|
|(3)||Other commodities, whenever the Commissioner of Agriculture determines in the case of existing practices that the declaration of the quantity by weight, or unit of measure, numerical count, or combination thereof does not facilitate value comparisons by the consumer or offers an opportunity for consumer confusion, he may issue, advertise and establish such table or tables of values to become official and legal weights and measures of commodities as is deemed necessary. These tables of values shall then become a part of these regulations.|
Persons selling or servicing weighing and measuring devices shall conform to these minimum requirements of regulation:
|(a)||The specifications, tolerances, and regulations for commercial weighing and measuring devices, together with the amendments thereto, as recommended by the National Conference on Weights and Measures and published in the National Bureau of Standards HANDBOOK 44, as supplemented, shall be the specifications, tolerances and regulations for commercial weighing and measuring devices in the State of Georgia; provided, however, that no provision of the referenced handbook shall take precedence over the laws of the State of Georgia, or any regulation promulgated thereunder.|
|(b)||No new weighing or measuring device, nor any accessory for such device, shall be manufactured for sale, offered for sale, held for sale, or sold for commercial service in the State of Georgia without the prototype of such device or accessory having first been examined and approved by the National Bureau of Standards-National Type Approval Program as in compliance with NBS HANDBOOK 44 and current supplements thereto as adopted, except in the case of in-motion railroad track scales, in which case, must comply with American Railway Engineering Association Standards.|
|(c)|| All sales or
transfers or relocations of new, used, repaired, reconditioned, or relocated
scales used to weigh commercial commodities shall be reported within three (3)
working days of the date of sale and installation or relocation, which ever
comes later, to the Weights and Measures Division, Georgia Department of
Agriculture, Capitol Square, Atlanta, Georgia 30334-2001.
When a vendor offers for sale the major portion of his meats and meat products and fresh produce as pre-packaged items as the basis from which the customer's selection for purchases is made:
|(a)||The vendor shall provide a readily accessible and operable scale on which the customer may check-weigh his purchase selection, or|
|(b)||Upon the request of the customer, the vendor shall weigh the purchase item in the presence of the buyer,|
|(c)||The vendor shall post a legible conversion chart over, or near, the scale to enable the customer to compare weight values if the fractional part of the pound values are in different systems.|
Rule 40-15-2-.05 Registration of Servicemen and Service Agencies for Commercial Weight and Measuring Devices
|(1)||Policy. Registration of either an individual or an agency that shall install, repair, recondition, or test commercial weighing and measuring devices shall be required; and in requiring that registration, the Commissioner of Agriculture does establish, publish and declare that the standards established in Paragraph 40-15-2-.05(5) of this regulation to be the requirements for all registered individuals and agencies engaged in the business of installing, repairing, reconditioning of weighing and measuring devices in the State of Georgia.|
|(3)||Reciprocity. The Commissioner may enter into an informal reciprocal agreement with any other state or states that has (or have) similar registration policies. Under such agreement, the registered servicemen and the registered service agencies of the state, party to reciprocal agreement, are granted full reciprocal authority, including reciprocal recognition of certification of standards and testing equipment, in all states party to such agreement.|
|(4)||Registration Renewal. Effective with the next weights and measures field standards inspection and recalibration due, registration renewals for the serviceman and/or service agency shall be completed at the time weights and measures field standards are submitted to the Georgia Weights and Measures Laboratory for inspection and recalibration. Registration for service persons entering the occupation for the first time shall coincide with the serviceman meeting initially all other requirements of this Regulation.|
Requirements for Registered Servicemen and/or Service Agencies. The
Commissioner of Agriculture establishes these requirements to be met initially
by the applicant for "Servicemen's Registration." It shall be the prerogative
of the Commissioner to change these requirements, after due notice and hearing,
to maintain good order in the fulfilling of the duties of his office.
|(6)||Each serviceman or service agency shall have a current copy of National Bureau of Standards HANDBOOK 44.|
|(7)|| Revocation of Registration.
The Commissioner of Agriculture may for good cause, after careful investigation
and hearing, suspend or revoke a scale serviceman's (or service agency)
Certificate of Registration and/or forfeit his bond for any of the following
infractions or violations:
|(1)||Application. These regulations, including NBS HANDBOOK 44, entitled "Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices" and more particularly LPG Liquid Measuring Devices Code, shall apply to devices used for the measurement of liquid petroleum gas in the liquid state, whether such devices are installed in a permanent location or mounted on a vehicle. Insofar as they are clearly appropriate, the requirements and provisions of the Regulations including the NBS Code on Cryogenic Liquid Measuring Devices shall apply to the measurement of other liquids that do not remain in a liquid state at atmospheric pressures and temperatures. Other requirements follow which also apply in commercial operations of this equipment.|
Automatic Temperature Compensated Equipment Operations. All wholesale
commercial LP gas metering equipment in use in the State of Georgia shall be
temperature compensated to 60° Fahrenheit (15° Celsius).
|(3)||Repair of In-plant Scales. The owner of an LP gas business, or a full-time employee of that business, shall be permitted to install and/or adjust the portable beam scale or the counter-beam scale which is used to establish the fill weight of any LP gas tank having a capacity of up to 100 pounds net weight. Such individual shall not be required to register under provisions of Rule 40-15-2-.05, Registration of Servicemen and Service Agencies for Commercial Weighing and Measuring Devices. Such devices installed or adjusted under the conditions must fully comply with all performance requirements of NBS HANDBOOK 44, as supplemented, and all Georgia Department of Agriculture Rules and Regulations as are applicable.|
|(4)||Special Piping Requirements. When a commercial LP gas metering device is mounted on a vehicle, all new or replacement piping shall have as a part of its LP gas circulating system a separate and workable by-pass designed to return to the unit's supply tank any and all LP gas circulated within the system's pipes when its pump is operating and the system's outlet valve is closed. This bypass shall be in addition to the pump's safety by-pass. The system by-pass must be located on the up-steam side of the metering device.|
|(5)|| Definitions. The terms defined herein
have a special and technical meaning when used in the Rules and Regulations for
Liquid Petroleum Gas Liquid Measuring Devices:
Liquid measuring devices used commercially in the State of Georgia shall conform to the requirements of the current Code for these devices found in the National Bureau of Standards HANDBOOK 44, entitled "Specifications, Tolerances, and Other Requirements for Commercial Weighing and Measuring Devices," and supplements thereto.
Vehicle tank measures used commercially in the State of Georgia shall conform to the requirements of the current Code for these devices found in the National Bureau of Standards HANDBOOK 44, entitled "Specifications, Tolerances, and Other Requirements for Weighing and Measuring Devices," and supplements thereto.
Vehicle tank meters used commercially in the State of Georgia shall conform to the requirements of the current Code for these devices in the National Institute of Standards and Technology HANDBOOK 44, entitled "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," and supplements thereto; however, provision UR 2.2 Ticket Printer; Customer Ticket, of Section 3.31 Vehicle-Tank Meters, User Requirements, shall not be adopted or required.
Authority and Application. This schedule of fees for calibrations and certifications of standards (a device, item or equipment used to determine mass, volume or length) is pursuant to O.C.G.A. 10-2-5(15) and shall be assessed for metrology services performed by the Weights and Measures Laboratory of the Georgia Department of Agriculture. The fees are based at $55.00 per hour for tolerance calibrations and $65.00 per hour for precision calibrations.
|(3)|| General Considerations.