§486-7 - Specific powers and duties of the board; rules.
§486-7 Specific powers and duties of the board; rules. (a) The board shall adopt reasonable rules pursuant to chapter 91 for the enforcement of this chapter. These rules shall have the force and effect of law and shall govern the use or application of measurement standards, measures, and measuring transactions in the State.
(b) These rules may include:
(1) Standards of net measure, and reasonable standards of fill for any package;
(2) The technical and reporting procedures to be followed, the report and record forms to be used by persons subject to the provisions of this chapter, and the marks of approval and rejection to be used by the administrator, inspectors, and measurement standards personnel in the discharge of their official duties;
(3) Exemptions from the sealing, labeling, marking, or other requirements of the respective parts of this chapter;
(4) The voluntary registration of service persons and service agencies for commercial weighing and measuring devices. These rules may include, but are not limited to, provisions for registration fees, period of registration, requirements for test equipment, privileges and responsibilities of a voluntary registrant, reports required, qualification requirements, examinations to be administered, certificates of registration, and means for revocation of registration;
(5) Schedules and fees for licensing measuring devices;
(6) Schedules and fees for calibrating or testing measurement standards, and registration of the products covered by such measurement standards;
(7) Specifications, tolerances, and other technical requirements with respect to the packaging, registering, handling, storing, advertising, labeling, dispensing, and selling of petroleum products;
(8) Specifications, tolerances, and other technical requirements for weighing and measuring devices;
(9) Practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest;
(10) Requirements for type evaluation;
(11) Definitions, applicability, use, units, standards, and tolerances relating to the International System of Units; and
(12) Such other rules as the board deems necessary for the enforcement of this chapter.
(c) These rules shall include specifications, tolerances, and other technical requirements designed to eliminate from use those measures and measurement standards:
(1) That are not accurate;
(2) That are of such construction that they are faulty, that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(3) That facilitate the perpetration of fraud.
(d) The specifications, tolerances, and other technical requirements for measuring devices and the uniform laws and regulations as adopted by the National Conference on Weights and Measures, recommended and published by the National Institute of Standards and Technology and adopted, or amended and adopted by the board pursuant to chapter 91, shall be the basis for measurement standards in the State. In addition, the board, pursuant to chapter 91, may adopt or amend and adopt any other measurement standard established by the National Institute of Standards and Technology, the American Society for Testing and Materials, the American National Standards Institute, the International Organization of Legal Metrology, the International Bureau of Weights and Measures, and the Society of Automotive Engineers, among others. [L 1988, c 156, pt of §3; am L 1991, c 153, §12; am L 1993, c 54, §2]