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.