Full Text of HB2273 98th General Assembly
HB2273enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Weights and Measures Act is amended by | 5 | | changing Sections 8, 30, and 36 as follows:
| 6 | | (225 ILCS 470/8) (from Ch. 147, par. 108)
| 7 | | Sec. 8. Regulations; issuance; contents. The Director | 8 | | shall from time to
time issue reasonable regulations
for | 9 | | enforcement of this Act that shall have the force and effect of
| 10 | | law. In
determining these regulations, he shall appoint, | 11 | | consult
with, and be advised by
committees representative of | 12 | | industries to be affected by the
regulations.
These regulations | 13 | | may include (1) standards of net weight, measure or
count, and | 14 | | reasonable standards of fill, for any commodity in package | 15 | | form,
(2) rules governing the technical and reporting | 16 | | procedures to be followed
and the report and record forms and | 17 | | marks of approval and rejection to be
used by inspectors of | 18 | | weights and measures in the discharge of their
official duties, | 19 | | and (3) exemptions from the sealing or marking
requirements of | 20 | | Section 14 of this Act with respect to weights and
measures of | 21 | | such character or size that such sealing or marking would be
| 22 | | inappropriate, impracticable, or damaging to the apparatus in | 23 | | question.
These regulations shall include specifications, |
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| 1 | | tolerances, and regulations
for weights and measures, of the | 2 | | character of those specified in Section 10
of this Act, | 3 | | designed to eliminate from use (without prejudice to
apparatus | 4 | | that conforms as closely as practicable to the official
| 5 | | standards) such weights and measures as are (1) inaccurate, (2) | 6 | | of faulty
construction (that is, not reasonably permanent in | 7 | | their adjustment or not
capable of correct repetition of their | 8 | | indications), or (3) conducive to
the perpetration of fraud. | 9 | | Specifications, tolerances, and regulations for
commercial | 10 | | weighing and measuring devices recommended by the National
| 11 | | Institute of Standards and Technology and published in
National | 12 | | Institute of Standards and Technology Handbook
44 and | 13 | | supplements thereto or in any publication revising or | 14 | | superseding
Handbook 44, shall be the specifications, | 15 | | tolerances, and regulations for
commercial weighing and | 16 | | measuring devices of this State, except insofar as
specifically | 17 | | modified, amended, or rejected by a regulation issued by the
| 18 | | Director.
| 19 | | The National Institute of Standards and Technology
| 20 | | Handbook 133 and its supplements, or any publication revising | 21 | | or superseding Handbook 133, shall be the
method for checking | 22 | | the net contents of commodities in package form. The
National | 23 | | Institute of Standards and Technology Handbooks
105-1, 105-2, | 24 | | 105-3, 105-4, 105-8, and their supplements, or any publication | 25 | | revising or superseding Handbooks
105-1, 105-2,
105-3, 105-4, | 26 | | and 105-8 shall be specifications and tolerances for reference
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| 1 | | standards and
field standards weights and measures.
| 2 | | For purposes of this Act, apparatus shall be deemed | 3 | | "correct"
when it conforms to all applicable requirements | 4 | | promulgated as specified in
this Section. Apparatus that does | 5 | | not conform to all applicable
requirements shall be deemed | 6 | | "incorrect".
| 7 | | The Director is authorized to prescribe by regulation, | 8 | | after
public hearings, container sizes for fluid dairy products | 9 | | and container sizes for ice cream,
frozen desserts, and similar | 10 | | items.
| 11 | | For the purposes of this Act, any apparatus certified by | 12 | | the
Department or city sealer as of July 1, 2012 satisfies | 13 | | construction and installation
requirements. | 14 | | The Uniform Packaging and Labeling Regulation and the | 15 | | Uniform Regulation
for the Method of Sale of Commodities in the | 16 | | National Institute
of
Standards
and Technology Handbook 130, | 17 | | and any of its subsequent supplements or
revisions, shall be
| 18 | | the requirements and standards governing the packaging, | 19 | | labeling, and
method
of sale of commodities for this State, | 20 | | except insofar as specifically
modified, amended, or rejected | 21 | | by regulation issued by the Director.
| 22 | | (Source: P.A. 96-1333, eff. 7-27-10.)
| 23 | | (225 ILCS 470/30) (from Ch. 147, par. 130)
| 24 | | Sec. 30. National Institute of Standards and Technology | 25 | | requirements and
specifications. Each type of new weight and |
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| 1 | | measure or weighing and
measuring
device manufactured, | 2 | | offered, or exposed for sale or sold or given away for
the use | 3 | | in trade or commerce, or used in trade and commerce in this | 4 | | State,
shall conform with the requirements and specifications | 5 | | in the National
Institute of Standards and Technology Handbook | 6 | | 44, 105-1, 105-2, 105-3,
105-4, or 105-8 and any
of their | 7 | | revisions or supplements. Such weights and measures or weighing | 8 | | and measuring devices used for commercial or law enforcement | 9 | | purposes must have a A Certificate of
Conformance , unless such | 10 | | devices were certified by the Department or the city sealer on | 11 | | or before July 1, 2012. This Section applies to all such | 12 | | devices, including repaired devices and devices removed from | 13 | | service and installed at a different location in this State | 14 | | must be
issued prior to the use of such new weight and measure | 15 | | or weighing and
measuring device for commercial or law | 16 | | enforcement purposes . Pending the
issuance of a Certificate of | 17 | | Conformance, the Department may permit such
new weight and | 18 | | measure or weighing and measuring device to be used,
provided
| 19 | | it
meets the specifications and tolerances for that particular | 20 | | weight and
measure or weighing and measuring device as set | 21 | | forth in the National
Institute of Standards and Technology
| 22 | | Handbook 44, 105-1, 105-2, 105-3, 105-4, or 105-8.
| 23 | | (Source: P.A. 96-1333, eff. 7-27-10.)
| 24 | | (225 ILCS 470/36) (from Ch. 147, par. 136)
| 25 | | Sec. 36.
It is unlawful to manufacture, offer or expose for |
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| 1 | | sale, or sell
or give away, for use in trade or commerce, or to | 2 | | use in trade or commerce,
any weight or measure or weighing or | 3 | | measuring device which does not have
cast, stamped, etched or | 4 | | otherwise marked thereon the name of the
manufacturer and the | 5 | | serial number of the approved type to which it
belongs. | 6 | | Whenever it appears to the satisfaction of the Department that | 7 | | any
type of weight or measure or weighing or measuring device | 8 | | is such as to
render it impracticable to mark , it as required | 9 | | by this Section, the such
Department shall furnish an | 10 | | identification plate for registration and tracking purposes. a | 11 | | certificate to that effect to any manufacturer
applying | 12 | | therefor and such weight or measure or weighing or measuring
| 13 | | device need not be marked as required by the provisions of this | 14 | | Section.
| 15 | | (Source: Laws 1963, p. 3433.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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