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NEW JERSEY REGISTER
VOLUME 37, NUMBER 7
MONDAY, APRIL 4, 2005
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF WEIGHTS AND MEASURES
FEES FOR THE REGISTRATION, INSPECTION AND TESTING OF WEIGHING AND MEASURING DEVICES

Proposed Readoption with Amendments: N.J.A.C. 13:47F

Authorized By: Louis E. Greenleaf, State Superintendent, Office of Weights and Measures.

Authority: N.J.S.A. 51:1-61 and, specifically, 51:1-54.2 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2005-120.

Submit comments by June 3, 2005 to:

Louis E. Greenleaf

State Superintendent

Office of Weights and Measures

1261 Routes 1 and 9 South

Avenel, NJ 07001

The agency proposal follows:

Summary

Pursuant to the provisions of Executive Order No. 66(1978) and N.J.S.A. 52:14B-5.1, the rules at N.J.A.C. 13:47F will expire on August 30, 2005. As required by the Executive Order, the Office of Weights and Measures (the Office) has reviewed these rules and determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated, that is, to establish registration procedures for commercial weighing and measuring devices and to establish fees for the registration and testing of those devices. The rules describe the requirements for reimbursement and the mechanism for counties and municipalities with departments of weights and measures to be reimbursed. The rules additionally establish licensure requirements for and licensing fees of dealers and repairers of weights and measures.

A summary of each section follows:

N.J.A.C. 13:47F-1.1 provides the purpose and scope of the subchapter.

N.J.A.C. 13:47F-1.2 defines the words and terms used in this chapter.

N.J.A.C. 13:47F-1.3 provides for the registration of weights and measures. Subsection (a) requires that no person shall operate or use a weight and measure for commercial purposes in the State of New Jersey unless the weight and measure is registered with the State Superintendent. Subsection (b) requires that an applicant for registration of a weight and measure must submit an application on a form provided by the State Superintendent and pay the fee set forth in N.J.A.C. 13:47F-1.7. A late fee will be imposed on the applicant if the application form and fee are not received by the State Superintendent within 30 days of the applicant's receipt of the application form. Existing subsection (c) states that upon receipts of a completed application and fee, the State Superintendent shall issue a Registration Certificate for each weight and measure registered which will expire one year from issuance. Existing subsection (d) requires that the applicant retain the registration certificate at the commercial location. The subsection also requires that if the weight and measure is located on a vehicle used for commercial purposes, the registration certificate must be carried in the vehicle. Finally, the subsection requires that the registration certificate must be readily available for inspection by any Weights and Measures official. Subsection (e) requires that an applicant must renew the registration certificate for one year by submitting a renewal application to the State Superintendent along with appropriate fees set forth in N.J.A.C. 13:47F-1.7. The same information requested in subsection (b) at initial registration will be asked of the applicant upon renewal. The subsection also provides for a late fee pursuant to N.J.A.C. 13:47F-1.7 for each weight and measure if the renewal application and appropriate fees are not received by the State Superintendent within 30 days of the expiration of the registration certificate. Subsection (f) states that the late fee shall not be deemed an exclusive remedy for failure to register a weight and measure in a timely manner. The subsection also states that possession of any unregistered weight and measure will be deemed a violation of the Act. Subsection (g) requires that an applicant must notify the State Superintendent in writing upon purchase, sale or transfer of a weight and measure to a different commercial location within 10 days of the purchase, sale or transfer. The subsection also states that the fee for the addition of a new weight and measure to an existing registration shall be pro-rated for each quarter of the one year remaining in the initial registration. Subsection (h) states that any violation of or noncompliance with any provisions of the chapter, for which a specific penalty has not been provided for in Title 51 of the Revised Statutes, shall subject the violator to a penalty prescribed by the provisions of N.J.S.A. 51:1-89.

N.J.A.C. 13:47F-1.4 provides for the testing and sealing of weights and measures. Subsection (a) states that all weights and measures used in trade shall be tested and sealed at least once each year and be issued a Certificate of Inspection and Testing pursuant to N.J.A.C. 13:47B-1.16. Subsection (b) provides that any applicant who requests a test of a weight and measure, not used for commercial purposes, tested by a Weights and Measures officer must complete an application and submit the appropriate fees to the State Superintendent. Subsection (c) provides that the State Superintendent may at his or her discretion assign requests for a test of a weight and measure which is not used for commercial purposes to a county or municipal weights and measures officer.

N.J.A.C. 13:47F-1.5 describes the eligibility requirements for reimbursement to county and municipal weights and measures departments. Subsection (a) makes county and municipal weights and measures departments under the supervision of the State Superintendent eligible under certain specified conditions to receive 70 percent of the fees collected for the registration, testing and sealing of the commercial weights and measures within their jurisdiction which are inspected and tested. Subsection (b) states that copies of the National Institute Technology Handbook 44 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Subsection (c) states that the State Superintendent shall disburse funds to county and municipal weights and measures departments by the end of the State fiscal quarter following the one in which the Certificates of Inspections and Tests for those weights and measures are received and approved by the State Superintendent. Subsection (d) states that the State Superintendent has no obligation to a county and municipal weights and measures department for those fees due, but not collected, in any given quarter.

N.J.A.C. 13:47F-1.6 details license requirements for dealers and repairers. Subsection (a) requires that all persons in the business of selling, trading in, receiving, or repairing of condemned, rebuilt, or used weights and measures, as described in N.J.S.A. 51:1-128, must apply on a form provided by the State Superintendent for a Dealer's License and pay the fee as set forth in N.J.A.C. 13:47F-1.7. Subsection (b) requires that all persons engaged only in the business of repairing of weights and measures, as described in N.J.S.A. 51:1-128, shall apply, on a form provided by the State Superintendent, for a Repairer's License and shall pay the fees as set forth in N.J.A.C. 13:47F-1.7. Subsection (c) requires that all persons in the business of selling, trading in, receiving, or repairing of condemned, rebuilt, or used weights and measures shall renew their license for a period of one year, by applying on a form provided by the State Superintendent and shall pay the renewal fee as set forth in N.J.A.C. 13:47F-1.7. Subsection (d) requires that all persons engaged only in the business of repairing weights and measures shall renew their license for a period of one year, by applying on a form provided by the State Superintendent and shall pay the renewal fee as set forth in N.J.A.C. 13:47F-1.7. Subsection (e) states that in addition to filing an application and submitting a fee, all persons engaged in the business of repairing weights and measures, pursuant to N.J.S.A. 51:1-113 et seq., shall have their weights and measures, including testing equipment, compared with these standards which are in accordance with the requirements of the National Institute of Standards and Technology, formerly known as the National Bureau of Standards, Handbook 145, at least once a year. Subsection (f) states that the State Superintendent shall issue a Certificate of Inspection and Tests upon compliance. Subsection (g) states that any violation or noncompliance with any of the provisions of this section, for which a penalty has not been provided in Title 51 of the Revised Statutes, shall subject the violator to a penalty as prescribed by the provisions of N.J.S.A. 51:1-131.

The Office proposes to amend N.J.A.C. 13:47F-1.7, which contains the fee schedule for the subchapter, to increase the registration fees of various weights and measures that are required to be registered in this State and to make two technical amendments. The increase in fees is necessary to help defray the operational costs of the Office of Weights and Measures as well as the county and municipal weights and measures offices that perform registration, testing and sealing of the commercial weights and measures within their jurisdiction. The fee schedule has not changed since 1996, and the proposed fee schedule represents a minimal increase needed to adjust for the additional costs incurred by government in providing these services. The Office notices that these fees will remain at a level substantially lower than those charged by private companies who test these types of equipment. The Office also proposes a technical amendment to the fee schedule to delete the timing device fee under N.J.A.C. 13:47F-1.7(a)3vii because this fee is duplicative of the timing device fee listed under N.J.A.C. 13:47F-1.7(a)3ii.

The State Superintendent has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The rules proposed for readoption at N.J.A.C. 13:47F set forth registration procedures for commercial weighing and measuring devices and establish fees for the registration and testing of those devices. The rules describe the requirements for reimbursement and the mechanism for counties and municipalities with departments of weights and measures to be reimbursed and establish licensure requirements for and licensing fees of dealers and repairers of weights and measures. The impact of these rules upon the public has been positive for both consumers and merchants. These rules benefit consumers by assuring the accuracy of the weights and measures in commercial transactions. Although merchants are impacted by the fees, they benefit from the equity in the marketplace that results from the rules. The Office functions as a third-party control in the registration, inspection of testing of weights and measures in order to protect the interests of the public.

Economic Impact

The rules proposed for readoption with amendments will continue to have a positive economic impact upon the general public by providing accurate weights and measures in commercial transactions. The rules proposed for readoption with amendments will also have an economic impact upon the persons required to register the commercial weighing and measuring devices, persons who request tests of weighing and measuring devices from the State Superintendent of Weights and Measures, persons who engage in the selling, trading or repairing of used weighing and measuring devices and persons who lease commercial weighing and measuring devices in that they will continue to be required to pay the fees set forth at N.J.A.C. 13:47F-1.7. State, county and municipal offices of weights and measures will continue to incur administrative costs of maintaining records of registration and testing of weighing and measuring devices in addition to the existing expenses of conducting the inspections and testing of weighing and measuring devices.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments are governed by N.J.S.A. 51:1-61. Although the rules are not subject to any mandated Federal requirements or standards, the Office has voluntarily adopted by reference the standards developed by the National Institute of Standards and Technology (NIST) and published in its Handbook 44 for weighing and measuring devices in the State of New Jersey.

Jobs Impact

The Office believes that the rules proposed for readoption with amendments will not result in the generation or loss of jobs in New Jersey.

Agriculture Industry Impact

The rules proposed for readoption with amendments will continue to affect the agriculture industry in that agricultural products are often sold at roadside stands in commercial transactions involving scales and other weights and measures. These scales and other weights and measures are subject to the chapter's registration and testing requirements. Owners and operators of such roadside stands will incur the obligations, expenses and fees described in the Economic Impact above and the Regulatory Flexibility Analysis below.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires an agency to give a description of the types and an estimate of the number of small businesses to which the rules proposed for readoption will apply. If, for the purposes of the Act, any of the approximately 40,000 businesses to which these rules apply are small businesses, then the following analysis applies.

The Act requires the Office to set forth the reporting, recordkeeping, and other compliance requirements of the rules including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Office to estimate the initial and annual compliance costs, to outline the manner in which it has designated the rules to minimize any adverse impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The rules proposed for readoption with amendments impose reporting, recordkeeping and compliance requirements. N.J.A.C. 13:47F-1.3 requires that an applicant for registration of a weight or measure submit an application on a form provided by the State Superintendent and pay the fee set forth in N.J.A.C. 13:47F-1.7. The applicant must retain the Registration Certificate at the commercial location and if the weight and measure is located on a vehicle used for commercial purposes, the Registration Certificate must be carried in the vehicle and be made available for inspection by a Weights and Measures official. The applicant must also renew the Registration Certificate each year by submitting a renewal application. The applicant must notify the State Superintendent in writing upon the purchase, sale or transfer of a weight and measure to a different commercial location within 10 days of the purchase, sale or transfer.

N.J.A.C. 13:47F-1.4(b) requires that any applicant who requests a test of a weight and measure that is not used for commercial purposes, complete an application form provided by the State Superintendent and submit the appropriate fees as set forth in N.J.A.C. 13:47F-1.7.

N.J.A.C. 13:47F-1.6 requires that all persons in the business of selling, trading in, receiving, or repairing of condemned, rebuilt, or used weights and measures, as described in N.J.S.A. 51:1-128, apply on a form provided by the State Superintendent for a Dealer's License. Persons engaged only in the business of repairing of weights and measures, as described in N.J.S.A. 51:1-128, must apply, on a form provided by the State Superintendent, for a Repairer's License. The rule requires all persons in the business of selling, trading in, receiving, or repairing of condemned, rebuilt, or used weights and measures to renew their license for a period of one year, by applying on a form provided by the State Superintendent. The rule requires all persons engaged only in the business of repairing weights and measures shall renew their license for a period of one year, by applying on a form provided by the State Superintendent.

The Office believes that no professional services are likely needed to comply with the rules proposed for readoption. The Office considers the rules proposed for readoption with amendments necessary to preserve the health, safety and welfare of public consumers. The objective of the rules proposed for readoption with amendments is to provide a fair and open marketplace for consumers ensuring that the weighing and measuring devices are accurate. The Legislature mandated that all commercial weighing and measuring devices are to be registered and tested. Therefore, the Office has made no provision for lesser or differing standards for small businesses.

Smart Growth Impact

The rules proposed for readoption with amendments will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the rules proposed for readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:47F.

Full text of the proposed amendments follows :

<< NJ ADC 13:47F-1.7 >>

13:47F-1.7 Fee schedule

(a) The State Superintendent shall charge the following Schedule of Fees for the Annual Registration, Inspection and Testing of Weights and Measures Used for Commercial Purposes and for the Inspection and Testing of Weights and Measures Not Used for Commercial Purposes:

1. Type of Device: Scales Fee Per Device

i. Up to and including 1,000 pound capacity (other than hopper and vehicle scales)
$25.00 per scale but not more than $200.00 per commercial location

ii. More than 1,000 pound capacity (other than hopper and vehicle scales) $100.00

iii. Hopper scale $140.00

iv. Vehicle scale $100.00

v. Wheel Load Weigher $125.00

vi. Belt Conveyor Scale System $225.00

vii. Automatic Bulk Weighing System $225.00

2. Type of Device: Volumetric Meters Fee Per Device

i. Fuel Pump Dispenser $25.00 per dispenser hose but not more than $200.00 per commercial location

ii. Retail Vehicle Tank Meter with a maximum flow rate of 100 gallons/minute $50.00 per device but not more than $500.00 per commercial location

iii. Wholesale Vehicle Tank Meter $200.00

iv. Rack Meter $200.00

v. Natural Gas and Propane Meter

(1) Test performed at commercial location $150.00

(2) Test performed at the Office of Weights and Measures $100.00

vi. Mass Flow Meter $125.00

vii. Water Meter $100.00

3. Type of Device: Miscellaneous Fee Per Device

i. Length Measures $30.00

ii. Timing Devices $15.00 but not more than $300.00 per commercial location

iii. Pharmacy Weight Kits $ 40.00 per kit

iv. Tuning Fork $$10.00

v. Volumetric Measure of less than or equal to 10 gallon capacity $30.00

vi. Volumetric Measure of more than 10 gallon capacity $200.00

vii. Test Weights: less than 50 pounds $20.00

viii. Test Weights: equal to or more than 50 pounds $40.00

ix. Steel Tapes: less than or equal to 100 feet

(1) Tolerance Test $30.00

(2) Calibration Test $140.00

x. Steel Tapes: longer than 100 feet

(1) Tolerance Test $50.00

(2) Calibration Test $220.00

4. Any other device not listed above $40.00

5. Late Fee $10.00

6. In addition to the above fees, hourly charges will be assessed at the rate of $<<-50.00->><<+100.00+>> per hour for testing of non-commercial devices not delivered to the State Superintendent.

(b) (No change.)



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