Illinois General Assembly - Full Text of SB1715
Illinois General Assembly

Previous General Assemblies

Full Text of SB1715  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/15/2013, by Sen. John M. Sullivan - David Koehler


225 ILCS 470/8  from Ch. 147, par. 108
225 ILCS 470/30  from Ch. 147, par. 130
225 ILCS 470/36  from Ch. 147, par. 136

    Amends the Weights and Measures Act. Provides that weights and measures or weighing and measuring devices used for commercial or law enforcement purposes must have a Certificate of Conformance or have been certified by the Department or the city sealer on or before July 1, 2012. Provides that any apparatus certified by the Department or city sealer as of July 1, 2012 satisfies construction and installation requirements. Provides that the Department shall furnish an identification plate for registration and tracking purposes for any type of weight or measure or weighing or measuring device is impracticable to mark as required by the Act. Effective immediately.

LRB098 08145 MGM 38238 b






SB1715LRB098 08145 MGM 38238 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Weights and Measures Act is amended by
5changing 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
8shall from time to time issue reasonable regulations for
9enforcement of this Act that shall have the force and effect of
10law. In determining these regulations, he shall appoint,
11consult with, and be advised by committees representative of
12industries to be affected by the regulations. These regulations
13may include (1) standards of net weight, measure or count, and
14reasonable standards of fill, for any commodity in package
15form, (2) rules governing the technical and reporting
16procedures to be followed and the report and record forms and
17marks of approval and rejection to be used by inspectors of
18weights and measures in the discharge of their official duties,
19and (3) exemptions from the sealing or marking requirements of
20Section 14 of this Act with respect to weights and measures of
21such character or size that such sealing or marking would be
22inappropriate, impracticable, or damaging to the apparatus in
23question. These regulations shall include specifications,



SB1715- 2 -LRB098 08145 MGM 38238 b

1tolerances, and regulations for weights and measures, of the
2character of those specified in Section 10 of this Act,
3designed to eliminate from use (without prejudice to apparatus
4that conforms as closely as practicable to the official
5standards) such weights and measures as are (1) inaccurate, (2)
6of faulty construction (that is, not reasonably permanent in
7their adjustment or not capable of correct repetition of their
8indications), or (3) conducive to the perpetration of fraud.
9Specifications, tolerances, and regulations for commercial
10weighing and measuring devices recommended by the National
11Institute of Standards and Technology and published in National
12Institute of Standards and Technology Handbook 44 and
13supplements thereto or in any publication revising or
14superseding Handbook 44, shall be the specifications,
15tolerances, and regulations for commercial weighing and
16measuring devices of this State, except insofar as specifically
17modified, amended, or rejected by a regulation issued by the
19    The National Institute of Standards and Technology
20Handbook 133 and its supplements, or any publication revising
21or superseding Handbook 133, shall be the method for checking
22the net contents of commodities in package form. The National
23Institute of Standards and Technology Handbooks 105-1, 105-2,
24105-3, 105-4, 105-8, and their supplements, or any publication
25revising or superseding Handbooks 105-1, 105-2, 105-3, 105-4,
26and 105-8 shall be specifications and tolerances for reference



SB1715- 3 -LRB098 08145 MGM 38238 b

1standards 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
4promulgated as specified in this Section. Apparatus that does
5not conform to all applicable requirements shall be deemed
7    The Director is authorized to prescribe by regulation,
8after public hearings, container sizes for fluid dairy products
9and container sizes for ice cream, frozen desserts, and similar
11    For the purposes of this Act, any apparatus certified by
12the Department or city sealer as of July 1, 2012 satisfies
13construction and installation requirements.
14    The Uniform Packaging and Labeling Regulation and the
15Uniform Regulation for the Method of Sale of Commodities in the
16National Institute of Standards and Technology Handbook 130,
17and any of its subsequent supplements or revisions, shall be
18the requirements and standards governing the packaging,
19labeling, and method of sale of commodities for this State,
20except insofar as specifically modified, amended, or rejected
21by 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
25requirements and specifications. Each type of new weight and



SB1715- 4 -LRB098 08145 MGM 38238 b

1measure or weighing and measuring device manufactured,
2offered, or exposed for sale or sold or given away for the use
3in trade or commerce, or used in trade and commerce in this
4State, shall conform with the requirements and specifications
5in the National Institute of Standards and Technology Handbook
644, 105-1, 105-2, 105-3, 105-4, or 105-8 and any of their
7revisions or supplements. Such weights and measures or weighing
8and measuring devices used for commercial or law enforcement
9purposes must have a A Certificate of Conformance, unless such
10devices were certified by the Department or the city sealer on
11or before July 1, 2012. This Section applies to all such
12devices, including repaired devices and devices removed from
13service and installed at a different location in this State
14must be issued prior to the use of such new weight and measure
15or weighing and measuring device for commercial or law
16enforcement purposes. Pending the issuance of a Certificate of
17Conformance, the Department may permit such new weight and
18measure or weighing and measuring device to be used, provided
19it meets the specifications and tolerances for that particular
20weight and measure or weighing and measuring device as set
21forth in the National Institute of Standards and Technology
22Handbook 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



SB1715- 5 -LRB098 08145 MGM 38238 b

1sale, or sell or give away, for use in trade or commerce, or to
2use in trade or commerce, any weight or measure or weighing or
3measuring device which does not have cast, stamped, etched or
4otherwise marked thereon the name of the manufacturer and the
5serial number of the approved type to which it belongs.
6Whenever it appears to the satisfaction of the Department that
7any type of weight or measure or weighing or measuring device
8is such as to render it impracticable to mark, it as required
9by this Section, the such Department shall furnish an
10identification plate for registration and tracking purposes. a
11certificate to that effect to any manufacturer applying
12therefor and such weight or measure or weighing or measuring
13device need not be marked as required by the provisions of this
15(Source: Laws 1963, p. 3433.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.