Public Act 098-0342
 
HB2273 EnrolledLRB098 08239 MGM 38337 b

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