May 3, 2012, Introduced by Reps. Brunner, Rendon, Jenkins, Daley, Graves, Kurtz, Damrow, Johnson, McBroom, Outman, Muxlow, Goike, LaFontaine, Glardon, Tyler, Santana, Smiley, Talabi, Potvin, Hovey-Wright and Oakes and referred to the Committee on Agriculture.
A bill to amend 1964 PA 283, entitled
"Weights and measures act,"
by amending sections 2, 3, 4, 5, 6, 9a, and 9b (MCL 290.602,
290.603, 290.604, 290.605, 290.606, 290.609a, and 290.609b),
section 2 as amended and sections 9a and 9b as added by 2002 PA
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Automatic checkout system" means an electronic device,
computer, or machine that determines the price of a consumer item
by using a product identity code and may, but is not required to,
include an optical scanner.
"Barrel", when used in connection with fermented liquor, means
a unit of 31 gallons.
conformance" means a document issued
by the NCWM based on testing by a participating laboratory that
constitutes evidence of conformance of a type.
"Commodity in package
form" means a commodity put up
or packaged in any manner in advance of sale in units suitable for
either wholesale or retail sale including an individual item or lot
of any commodity not in a form as described in this subdivision but
upon which there is marked a selling price based on an established
price per unit of weight or of measure. Commodity in package form
does not include an auxiliary shipping container enclosing packages
that conform to the requirements of this act.
(d) "Commercial weighing and measuring device" means any
weights and measures or weighing and measuring device, including
any accessory attached to or used in connection with the weighing
or measuring device that is designed or installed in a manner that
its operation affects or may affect the accuracy of the device,
used or employed in commerce for any of the following:
(i) Establishing the size, quantity, extent, area, or
measurement of any commodity sold, offered, or submitted for hire.
(ii) Computing any basic charge or payment for services
rendered on the basis of weight, measure, or count.
(iii) Establishing eligibility for any award.
"Consumer package" means a
commodity in package form that
is customarily produced or distributed for sale through retail
sales agencies or instrumentalities for consumption or use by
or for use by individuals for the purposes of personal
care or in performance of services ordinarily rendered in or about
household or in connection with personal possessions.
is consumed or expended in the course of that consumption or
"Cord", when used in connection with wood intended for fuel
purposes or for pulpwood, means the amount of wood that is contained
in a space of 128 cubic feet when the wood is ranked and well
"Department" means the Michigan
agriculture and rural development.
"Director" means the
director of the Michigan
of agriculture or his or her designee.
"Inspector" means an
employee or agent of the
department authorized to enforce this act.
"NCWM" means the national
conference on weights and
(j) "Net weight" means the weight of a commodity excluding any
materials, substances, or items not considered to be part of the
commodity. Materials, substances, or items not considered to be
part of the commodity include containers, conveyances, bags,
wrappers, packaging materials, labels, individual piece coverings,
decorative accompaniments, prizes, coupons, and, in the case of
edible commodities, anything that is nonedible.
(k) "NIST" means the United States department of commerce,
national institute of standards and technology.
(l) "NTEP" means the national type evaluation program
administered by the NCWM, in cooperation with the states, the
private sector, and the NIST for determining on a uniform basis
conformance of a type.
"Nonconsumer package" means
any commodity in a package
other than a consumer package and
includes, but is not limited
solely for industrial or
use or for
only wholesale distribution.
(n) "Participating laboratory" means a state measurement
laboratory that has been accredited by NCWM to conduct a type
evaluation under the NTEP and determined otherwise acceptable to
(o) "Person" means any individual, partnership, corporation,
association, governmental entity, or other legal entity.
report" means the approved form
service persons servicepersons
service agencies for their use in accordance with the requirements
of section 9b.
agency" means any agency, firm,
company, or corporation that installs, services, repairs, or
reconditions commercial weights and measures and that holds a
registration issued by the director.
individual who installs, services, repairs, or reconditions
commercial weights and measures and who holds a registration issued
by the director.
"Rule" means an
administrative rule promulgated under
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
"sale" means sale, barter, or exchange.
"Ton" means a unit of 2,000 pounds avoirdupois weight.
(u) "Type" means a model or models of a particular device
measurement system, instrument, element, or a field standard that
positively identifies the design and that may vary in its
measurement ranges, size, performance, and operating
characteristics as specified in the certificate of conformance.
(v) "Type evaluation" means the testing, examination, and
evaluation of a type by a participating laboratory under the NTEP.
(w) "Weight", in connection with any commodity or service,
means net weight.
(x) "Weights and measures" means weights and measures of every
kind, instruments and devices for weighing and measuring, grain
moisture meters, and any appliances and accessories associated with
any or all of those instruments and devices. Weights and measures
include automatic checkout systems. Weights and measures do not
include meters for the measurement of electricity, natural or
manufactured gas, water, or the usage of communications services
when any of these meters are regulated and tested as part of a
public utilities system.
(y) "Weighing and measuring device" means all instruments and
devices of every kind used to determine the quantity of any
commodity and includes weights and measures and any appliance and
accessories associated with any of these instruments and devices,
except meters, appliances, and accessories that are part of a
public utility regulated by the Michigan public service commission.
(z) "Weighing and measuring establishment" means a location
with 1 or more commercial weighing and measuring devices or any
operation that employs commercial weighing and measuring devices
that are mobile.
Sec. 3. The system of weights and measures in customary use in
the United States and the metric system of weights and measures are
jointly recognized, and one or the other of these systems or both
shall be used, for all commercial purposes in this state. The
definitions of basic units of weight and measure, the tables of
weight and measure, and weights and measures equivalents, as
national bureau of standards, NIST, are recognized
and shall govern weighing and measuring equipment and transactions
in this state.
Weights and measures in conformity with the standards of
the United States as supplied to this state by the federal government
or otherwise obtained by this state for use as state primary
standards, when certified as being satisfactory for use by the
national bureau of standards, shall be the state primary standards
of weights and measures. The state
shall conform to and be traceable to international standards. The
state primary standards shall be kept in a safe and suitable place
the weights and measures laboratory of the department
and shall be maintained in the
calibration prescribed by
the national bureau of standards. as
recommended by the NIST
handbook 143, which is incorporated by reference, unless otherwise
noted. The state primary standards shall not be removed from the
weights and measures laboratory except for repairs or
certification. The state primary standards shall be used only to
verify the secondary standards and for scientific purposes.
Sec. 5. In addition to the state primary standards provided
for in section 4, this state shall supply at least 1 complete set
of copies of the state primary standards to be kept in the weights
measures laboratory of the department
of agriculture to be
known as secondary standards. This state shall also supply field
standards and equipment as may be found necessary to carry out this
act. The secondary standards shall be verified upon their initial
receipt and as often thereafter as the director considers
necessary. The field standards shall be verified upon their initial
receipt and at least once every 5 years thereafter. The secondary
standards shall be verified by direct comparison with the state
primary standards. The field standards shall be verified by direct
comparison with the secondary standards.
state director of agriculture by virtue of his or
her office shall be state director of weights and measures during
his or her term of office. His or her deputy shall be deputy
director of weights and measures, and all inspectors appointed by
the director shall be state inspectors and sealers of weights and
9a. (1) A weighing device
manufactured or placed in
service after January 1, 1988 shall have valid certificates of
conformance or be tested on an annual basis by a registered service
before use for commercial
purposes. The registered service agency shall record all testing
data, and the records shall be retained on site and made available
to the department for review upon request.
A measuring device
manufactured or placed in service 6 months
on or after the effective date of the amendatory act
this section October 29, 2002
shall have valid certificates
of conformance or be tested on an annual basis by a registered
agency before use for commercial
enforcement purposes. The registered service agency shall record
all testing data and the records shall be retained on site and made
available to the department for review upon request.
(3) The director may operate a participating laboratory as
part of NTEP. The director may charge and collect fees pursuant to
section 10b for services rendered by the participating laboratory.
Sec. 9b. (1) The director shall issue a registration for
persons servicepersons and service agencies seeking
registration under this section in accordance with the standards
described in section 28c. Registration with the director under this
section is voluntary.
(2) A person may apply for initial and renewal registration as
service person serviceperson
or service agency in specific
competency areas. Competence in a subject matter area may be
either submitting a certificate of completion of the
NCWM training module described in section 28c for that area or by
scoring at least 80% on a
department-approved competency test
for that area in compliance with the standards described in section
Documentation of competency is not required for renewal unless documentation
of competency is required as a result of changes in the
NCWM training module and those changes are adopted by rule of the
director A registrant shall
retake the department-approved
competency test every 4 years or as otherwise required by law.
(3) The term of registration is 2 years from the date of
issuance. A registration may be transferred to a different
registered service agency if the registration is retained by the
service person serviceperson
and the new service agency
pays the service agency registration fee.
Subject to section 10b(1), the The
fee for registration
is $150.00 per service agency and $50.00 per service
person.shall be established
in accordance with section
Certification of standards used by the registered
serviceperson or registered service agency shall be
by the registrant at least
biannually. biennially. The
of standards may be done at any
approved laboratory. The registrant shall submit documentation of
standards traceable calibration
reports with the registration or renewal application.
(6) Within 5 business days after a device is returned to
service or placed in service, the original of a properly executed
placed-in-service report, together with any official department
rejection tag removed from the device, shall be mailed to the
director at an address indicated on the tag.
The director may deny, suspend, or
for a violation of this act or rules
promulgated under this act. Enforcement actions include, but are
not limited to, the following:
(a) Written warning.
(b) Conference with the director.
(c) Suspension of the registration.
(d) Revocation of the registration.
Before the suspension or revocation
of a registration,
the director shall notify the registrant in writing stating the
reasons for the registration being subject to suspension or
revocation and advising that the registration shall be suspended or
revoked 15 days after the sending of the notice unless the
registrant files a request for a hearing with the department within
that 15-day period. If a written request for a hearing is not filed
within the 15-day period, the department shall suspend or revoke
A notice under subsection (7) (8) is
properly served when it is personally delivered to the registrant
or when it is sent by registered or certified mail, return receipt
requested, to the registrant's last known address.
Except as otherwise provided for in
this act, the
director may initiate an enforcement action against a registered
person serviceperson or registered service agency for any
or all of the following:
Failure of a weighing
measuring device during an
official inspection within 30 days after being placed in service
an initial installation.
or following a major overhaul or repair,
as the result of an official condemnation.
(b) Failure of a weighing or measuring device during an
official inspection within 30 days after being placed in service
following a major overhaul or repair that may or may not have been
the result of an official condemnation by a weights and measures
The return to commercial use of a
device tagged "not
Placing a device in service with
Falsifying a placed-in-service
report or test report.
Placing in service or allowing to
remain in service,
without notifying the director, an incorrect weighing or measuring
Within 5 business days after a device is restored to service
or placed in service, the original of a properly executed placed-in-service
report, together with any official rejection tag removed
from the device, shall be mailed to the director.
(g) Failure to provide placed-in-service reports or other
documentation as required by this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
05127'12) of the 96th Legislature is enacted into law.