Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 470/8

(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. Notwithstanding the provisions of this paragraph, liquefied natural gas and propane used as motor fuel shall be sold in diesel gallon equivalents, and compressed natural gas shall be sold in gasoline gallon equivalents.  Propane used as motor fuel shall be sold in actual measured gallon volumetric units, which shall then be multiplied by 0.651 to determine the diesel gallon equivalents that are subject to tax under the Motor Fuel Tax Law.

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, and except that liquefied natural gas used as motor fuel shall be sold in diesel gallon equivalents, and compressed natural gas shall be sold in gasoline gallon equivalents.

(Source: P.A. 100-9, eff. 7-1-17.)