State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]


92_HB4889

 
                                              LRB9210218LBprA

 1        AN ACT concerning the regulation of professions.

 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 2, 24, 30, 32, and 40 as follows:

 6        (225 ILCS 470/2) (from Ch. 147, par. 102)
 7        Sec. 2.  Definitions. As used in this Act:
 8        "Person"  means  both  singular  and  plural  as the case
 9    demands,    and    includes    individuals,     partnerships,
10    corporations, companies, societies and associations.
11        "Weights  and measures" means all weights and measures of
12    every  kind,  instruments  and  devices  for   weighing   and
13    measuring, and any appliances and accessories associated with
14    any  or all such instruments and devices, including all grain
15    moisture measuring devices, but does not include  meters  for
16    the measurement of electricity, gas (natural or manufactured)
17    or   water   operated  in  a  public  utility  system.  These
18    electricity meters, gas meters, and water meters,  and  their
19    appliances   or   accessories,   and   slo  flo  meters,  are
20    specifically excluded from the  scope  and  applicability  of
21    this Act.
22        "Sell" and "sale" includes barter and exchange.
23        "Director" means the Director of Agriculture.
24        "Department" means the Department of Agriculture.
25        "Inspector" means an inspector of weights and measures of
26    this State.
27        "Sealer" and "deputy sealer" mean, respectively, a sealer
28    of  weights  and  measures and a deputy sealer of weights and
29    measures of a city.
30        "Intrastate commerce" means any and all commerce or trade
31    that is commenced, conducted and completed wholly within  the
 
                            -2-               LRB9210218LBprA
 1    limits  of  this  State,  and  the  phrase  "introduced  into
 2    intrastate  commerce"  means  the time and place at which the
 3    first sale and delivery being made  either  directly  to  the
 4    purchaser or to a carrier for shipment to the purchaser.
 5        "Commodity  in  package form" means a commodity put up or
 6    packaged in any manner in advance of sale in  units  suitable
 7    for  either wholesale or retail sale, excluding any auxiliary
 8    shipping  container  enclosing  packages  which  individually
 9    conform to the requirements of this Act. An  individual  item
10    or  lot  of  any  commodity not in package form as defined in
11    this Section but on which there is  marked  a  selling  price
12    based  on  an  established  price  per  unit  of weight or of
13    measure shall be deemed a commodity in package form.
14        "Consumer package" and "package  of  consumer  commodity"
15    mean  any  commodity  in  package  form  that  is customarily
16    produced  or  distributed  for  sale  through  retail   sales
17    agencies  or instrumentalities for consumption by individuals
18    or use by individuals for the purposes of personal care or in
19    the performance of services ordinarily rendered in  or  about
20    the household or in connection with personal possessions, and
21    which  usually  is consumed or expended in the course of such
22    consumption or use.
23        "Nonconsumer  package"  and   "package   of   nonconsumer
24    commodity"  mean  any  commodity in package form other than a
25    consumer package, and particularly a package designed  solely
26    for   industrial   or  institutional  use  or  for  wholesale
27    distribution only.
28        "Certificate of Conformance" means a document  issued  by
29    the  National Conference on Weights and Measures Institute of
30    Standards and Technology based on  testing  in  participating
31    laboratories  that indicates that the weights and measures or
32    weighing and measuring device conform with  the  requirements
33    of National Institute of Standards and Technology's Handbooks
34    44,   105-1,  105-2,  105-3,  or  105-4  and  any  subsequent
 
                            -3-               LRB9210218LBprA
 1    revisions or supplements thereto.
 2        "Prepackage inspection violation" means that the majority
 3    of the lots of prepackaged commodities inspected at a  single
 4    location  are  found  to  have one or more packages below the
 5    maximum allowable variation  as  published  in  the  National
 6    Institute  of  Standards  and  Technology Handbook 133 or the
 7    majority of the lots inspected at a single location are found
 8    to be below the stated net weight declaration on an average.
 9    (Source: P.A. 88-600, eff. 9-1-94.)

10        (225 ILCS 470/24) (from Ch. 147, par. 124)
11        Sec. 24.  Except as otherwise provided in this  Act,  any
12    commodity   in  package  form  introduced  or  delivered  for
13    introduction into or received in intrastate commerce or kept,
14    offered or exposed for sale in intrastate commerce shall bear
15    on  the  outside  of  the  package  a  definite,  plain   and
16    conspicuous  declaration of (1) the identity of the commodity
17    in the package, (2) the net quantity of the contents in terms
18    of weight, measure or count, and  (3)  in  the  case  of  any
19    package  kept, offered or exposed for sale, or sold elsewhere
20    than on the premises where packed,  the  name  and  place  of
21    business  of the manufacturer, the packer, or the distributor
22    as may be prescribed by regulation issued by the Director. In
23    relation to such declaration of  net  quantity,  neither  the
24    qualifying term "when packed" or any words of similar import,
25    nor  any  term  qualifying a unit of weight, measure or count
26    which exaggerates the amount of commodity in a package, shall
27    be used. Any package that  is  introduced  or  delivered  for
28    introduction into or received in intrastate commerce or kept,
29    offered,  or  exposed  for sale in intrastate commerce may be
30    opened for inspection without cost to the Department for  the
31    purpose of determining the net contents.  All opened products
32    shall remain at the point of inspection.  Also in relation to
33    such  declaration  of  net  quantity,  the  Director shall by
 
                            -4-               LRB9210218LBprA
 1    regulation establish (a) reasonable variations to be allowed,
 2    which may include variations below  the  declared  weight  or
 3    measure caused by ordinary and customary exposure, only after
 4    the  commodity  is  introduced  into  intrastate commerce, to
 5    conditions that normally occur in good distribution  practice
 6    and  that  unavoidably result in decreased weight or measure,
 7    (b) exemptions as to small packages, and (c) exemptions as to
 8    commodities put up in variable  weights  or  sizes  for  sale
 9    intact and either customarily not sold as individual units or
10    customarily  weighed  or  measured  at  time  of  sale to the
11    consumer.
12    (Source: P.A. 84-1308.)

13        (225 ILCS 470/30) (from Ch. 147, par. 130)
14        Sec. 30. National Institute of Standards  and  Technology
15    requirements  and specifications. Each type of new weight and
16    measure  or  weighing  and  measuring  device   manufactured,
17    offered,  or  exposed  for sale or sold or given away for the
18    use in trade or commerce, or used in trade  and  commerce  in
19    this   State,   shall   conform  with  the  requirements  and
20    specifications in the National  Institute  of  Standards  and
21    Technology Handbook 44, 105-1, 105-2, 105-3, or 105-4 and any
22    of   their   revisions  or  supplements.   A  Certificate  of
23    Conformance must be issued prior  to  the  use  of  such  new
24    weight and measure or weighing weighting and measuring device
25    for  commercial  or  law  enforcement  purposes.  Pending the
26    issuance of a Certificate of Conformance, the Department  may
27    permit  such new weight and measure or weighing and measuring
28    device to be used, provided it meets the  specifications  and
29    tolerances for that particular weight and measure or weighing
30    and  measuring  device as set forth in the National Institute
31    of Standards and Technology Handbook 44, 105-1, 105-2, 105-3,
32    or 105-4.
33    (Source: P.A. 88-600, eff. 9-1-94.)
 
                            -5-               LRB9210218LBprA
 1        (225 ILCS 470/32) (from Ch. 147, par. 132)
 2        Sec. 32. Certificate of Conformance; appeal. For a weight
 3    or measure or weighing or measuring device  to  be  certified
 4    for  use in the State of Illinois, it must have a Certificate
 5    of Conformance issued by the National Conference  on  Weights
 6    and  Measures  Institute  of  Standards and Technology as set
 7    forth in Section 30 of this Act. The Department  may  approve
 8    or  disapprove  the use of a weight or measure or weighing or
 9    measuring  device  where  a  Certificate  of  Conformance  is
10    pending in accordance with the provisions of  Section  30  of
11    this  Act.   Decisions rendered by the Department are subject
12    to the Illinois Administrative Procedure Act.
13        If a person is dissatisfied with a decision issued by the
14    National Conference on  Weights  and  Measures  Institute  of
15    Standards   and   Technology  regarding  the  issuance  of  a
16    Certificate of Conformance, the person may  appeal  according
17    to  the appropriate administrative procedures of the National
18    Conference on Weights and Measures Institute of Standards and
19    Technology and the U. S. Department of Commerce.
20    (Source: P.A. 88-600, eff. 9-1-94.)

21        (225 ILCS 470/40) (from Ch. 147, par. 140)
22        Sec. 40.  Inspection  fee;  Weights  and  Measures  Fund.
23    Except  as otherwise provided in Section 43, the Director and
24    each sealer shall  collect  and  receive  from  the  user  of
25    weights  and  measures  a  commercial  weighing  or measuring
26    device  inspection  fee.   For  the  use  of  its   Metrology
27    Laboratory,  the  testings  of  weights and measures and such
28    other inspection and services performed, the Department shall
29    set a fee, the amount  of  which  shall  be  according  to  a
30    Schedule  of Weights and Measures Inspection Fees established
31    and published by the Director.  The  fees  so  collected  and
32    received  by the State shall be deposited into a special fund
33    to be known as the Weights and Measures Fund.    All  weights
 
                            -6-               LRB9210218LBprA
 1    and  measures  inspection  fees,  metrology fees, weights and
 2    measures registrations, and weights  and  measures  penalties
 3    collected by the Department under this Act shall be deposited
 4    into  the  Weights  and  Measures  Fund.  The amount annually
 5    collected shall be used  by  the  Department  for  activities
 6    related to the enforcement of this Act and the Motor Fuel and
 7    Petroleum  Standards  Act,  and  for the State's share of the
 8    costs of the Field Automation Information Management project.
 9    No person shall be required to pay  more  than  2  inspection
10    fees for any one weighing or measuring device in any one year
11    when found to be accurate.  When an inspection is made upon a
12    weighing  or  measuring  device  because  of a complaint by a
13    person other than the owner of  such  weighing  or  measuring
14    device,  and  the  device  is  found accurate as set forth in
15    Section 8 of this Act, no then the inspection  fee  shall  be
16    paid  by  the  complainant.  Any time a weighing or measuring
17    device is found to be inaccurate,  the  user  shall  pay  the
18    inspection fee.
19    (Source: P.A. 91-704, eff. 7-1-00.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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