HOUSE BILL NO. 4679

A bill to amend 1964 PA 283, entitled

"Weights and measures act,"

by amending sections 10 and 28c (MCL 290.610 and 290.628c), section 28c as amended by 2022 PA 273.

the people of the state of michigan enact:

Sec. 10. (1) When not Except as otherwise provided by law, the director may inspect , and test to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale are correct. He The director shall inspect , and test to ascertain if they are correct, all weights and measures commercially used in (1) determining the are correct by determining 1 or both of the following:

(a) The weight, measurement, or count of commodities or things sold, or offered, or exposed for sale on the basis of weight or of measure or count. , (2) computing the

(b) The basic charge or payment for services rendered on the basis of weight or of measure or count. With respect to

(2) For devices designed to be used commercially only once and to be then discarded, and with respect to for devices uniformly mass-produced as by means of a mold or die and not susceptible of individual adjustment, the inspection and testing of each individual device shall is not be required and the inspecting and testing requirements of this section shall be are satisfied when inspections and tests are made on representative samples of such the devices. ; and the The lots , of which such samples that are representative , shall be held to be samples are considered correct or incorrect upon on the basis of the results of the inspection and tests on such the samples.

(3) For a qualified dispenser, the inspection and testing of each individual device is not required and the inspecting and testing requirements of this section are satisfied if the qualified dispenser complies with the requirements of section 28g and applicable regulations of the United States Department of Transportation. As used in this subsection, "qualified dispenser" means that term as defined in section 28g.

Sec. 28c. (1) Except as otherwise provided for in under this subsection, the method of sale of a commodity sold in this state must conform to the "uniform regulation for the method of sale of commodities" published in the 2023 edition of the NIST handbook 130, which is incorporated by reference, except as otherwise provided in this section or where modified by rule. Section 2.21 of the "uniform regulation for the method of sale of commodities" published in the 2023 edition of the NIST handbook 130 is not adopted. The buying and selling of liquefied petroleum gas may also be conducted by a flat rate price, if the price rate is clearly and conspicuously posted for potential customer viewing. This subsection applies only to tanks of 100 pounds or less.

(2) Except as otherwise provided in this subsection, the packaging and labeling requirements for commodities sold in this state must conform to the "uniform packaging and labeling regulation" published in the 2023 edition of the NIST handbook 130, which is incorporated by reference, except for section 13 of that publication or except as otherwise modified by rule. A cottage food operation does not have to include the address of the cottage food operation on a label if both of the following conditions are met:

(a) The the cottage food product is produced in accordance with section 4102 of the food law, 2000 PA 92, MCL 289.4102.

(b) The cottage food operation is registered with and is issued a registration number by the MSU Product Center in accordance with section 4102(8) of the food law, 2000 PA 92, MCL 289.4102.

(3) A Except as otherwise provided in section 28g, a certificate of conformance for a type must comply with the requirements of NCWM publication 14, "national type evaluation program technical policy, checklists and test procedures", and the 2023 edition of the NIST handbook 44, "specifications, tolerances, and other technical requirements for weighing and measuring devices", which is incorporated by reference.

(4) The Except as otherwise provided in section 28g, the determination for a uniform basis conformance for a type must comply with NCWM publication 14, "national type evaluation program technical policy, checklists and test procedures", and the 2023 edition of the NIST handbook 44, "specifications, tolerances, and other technical requirements for weighing and measuring devices", which is incorporated by reference.

(5) The Except as otherwise provided in section 28g, the specifications, tolerances, and regulations for commercial weights and measures must be in compliance with the standards contained in the 2023 edition of the NIST handbook 44, which is incorporated by reference.

(6) Registration for servicepersons and service agencies and competency tests must be in compliance with the standards contained in the 2023 edition of the NIST handbook 130, "uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices", which is incorporated by reference, and the 2023 edition of the NIST handbook 44, which is incorporated by reference.

(7) For purposes of implementing the 2023 edition of the NIST handbook 44 and the 2023 edition of the NIST handbook 130, "ton" means a weight of 2,000 pounds avoirdupois and "gross ton" means a weight of 2,240 pounds avoirdupois.

(8) Notwithstanding any other provision of this act, a motor vehicle repair facility registered under the motor vehicle service and repair act, 1974 PA 300, MCL 257.1301 to 257.1340, is subject to the oversight of the secretary of state under that act. If the secretary of state believes that a motor vehicle repair facility may have violated section 2.33, "Oil", of the "uniform regulation for the method of sale of commodities", of the 2023 edition of the NIST handbook 130, which is incorporated by reference, the secretary of state may refer the matter to the department. A motor vehicle repair facility is not subject to oversight by the department under this act for a violation of section 2.33, "Oil", of the "uniform regulation for the method of sale of commodities", of the 2023 edition of the NIST handbook 130 unless the matter has been referred to the department by the secretary of state as provided for in this subsection.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4678 (request no. H03381'25) of the 103rd Legislature is enacted into law.