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Public Act 92-0676
HB4889 Enrolled LRB9210218LBprA
AN ACT concerning the regulation of professions.
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 2, 24, 30, 32, and 40 as follows:
(225 ILCS 470/2) (from Ch. 147, par. 102)
Sec. 2. Definitions. As used in this Act:
"Person" means both singular and plural as the case
demands, and includes individuals, partnerships,
corporations, companies, societies and associations.
"Weights and measures" means all weights and measures of
every kind, instruments and devices for weighing and
measuring, and any appliances and accessories associated with
any or all such instruments and devices, including all grain
moisture measuring devices, but does not include meters for
the measurement of electricity, gas (natural or manufactured)
or water operated in a public utility system. These
electricity meters, gas meters, and water meters, and their
appliances or accessories, and slo flo meters, are
specifically excluded from the scope and applicability of
this Act.
"Sell" and "sale" includes barter and exchange.
"Director" means the Director of Agriculture.
"Department" means the Department of Agriculture.
"Inspector" means an inspector of weights and measures of
this State.
"Sealer" and "deputy sealer" mean, respectively, a sealer
of weights and measures and a deputy sealer of weights and
measures of a city.
"Intrastate commerce" means any and all commerce or trade
that is commenced, conducted and completed wholly within the
limits of this State, and the phrase "introduced into
intrastate commerce" means the time and place at which the
first sale and delivery being made either directly to the
purchaser or to a carrier for shipment to the purchaser.
"Commodity in package form" means a commodity put up or
packaged in any manner in advance of sale in units suitable
for either wholesale or retail sale, excluding any auxiliary
shipping container enclosing packages which individually
conform to the requirements of this Act. An individual item
or lot of any commodity not in package form as defined in
this Section but on which there is marked a selling price
based on an established price per unit of weight or of
measure shall be deemed a commodity in package form.
"Consumer package" and "package of consumer commodity"
mean any commodity in package form that is customarily
produced or distributed for sale through retail sales
agencies or instrumentalities for consumption by individuals
or use by individuals for the purposes of personal care or in
the performance of services ordinarily rendered in or about
the household or in connection with personal possessions, and
which usually is consumed or expended in the course of such
consumption or use.
"Nonconsumer package" and "package of nonconsumer
commodity" mean any commodity in package form other than a
consumer package, and particularly a package designed solely
for industrial or institutional use or for wholesale
distribution only.
"Certificate of Conformance" means a document issued by
the National Conference on Weights and Measures Institute of
Standards and Technology based on testing in participating
laboratories that indicates that the weights and measures or
weighing and measuring device conform with the requirements
of National Institute of Standards and Technology's Handbooks
44, 105-1, 105-2, 105-3, or 105-4 and any subsequent
revisions or supplements thereto.
"Prepackage inspection violation" means that the majority
of the lots of prepackaged commodities inspected at a single
location are found to have one or more packages below the
maximum allowable variation as published in the National
Institute of Standards and Technology Handbook 133 or the
majority of the lots inspected at a single location are found
to be below the stated net weight declaration on an average.
(Source: P.A. 88-600, eff. 9-1-94.)
(225 ILCS 470/24) (from Ch. 147, par. 124)
Sec. 24. Except as otherwise provided in this Act, any
commodity in package form introduced or delivered for
introduction into or received in intrastate commerce or kept,
offered or exposed for sale in intrastate commerce shall bear
on the outside of the package a definite, plain and
conspicuous declaration of (1) the identity of the commodity
in the package, (2) the net quantity of the contents in terms
of weight, measure or count, and (3) in the case of any
package kept, offered or exposed for sale, or sold elsewhere
than on the premises where packed, the name and place of
business of the manufacturer, the packer, or the distributor
as may be prescribed by regulation issued by the Director. In
relation to such declaration of net quantity, neither the
qualifying term "when packed" or any words of similar import,
nor any term qualifying a unit of weight, measure or count
which exaggerates the amount of commodity in a package, shall
be used. Any package that is introduced or delivered for
introduction into or received in intrastate commerce or kept,
offered, or exposed for sale in intrastate commerce may be
opened for inspection without cost to the Department for the
purpose of determining the net contents. All opened products
shall remain at the point of inspection. Also in relation to
such declaration of net quantity, the Director shall by
regulation establish (a) reasonable variations to be allowed,
which may include variations below the declared weight or
measure caused by ordinary and customary exposure, only after
the commodity is introduced into intrastate commerce, to
conditions that normally occur in good distribution practice
and that unavoidably result in decreased weight or measure,
(b) exemptions as to small packages, and (c) exemptions as to
commodities put up in variable weights or sizes for sale
intact and either customarily not sold as individual units or
customarily weighed or measured at time of sale to the
consumer.
(Source: P.A. 84-1308.)
(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, or 105-4 and any
of their revisions or supplements. A Certificate of
Conformance must be issued prior to the use of such new
weight and measure or weighing weighting 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,
or 105-4.
(Source: P.A. 88-600, eff. 9-1-94.)
(225 ILCS 470/32) (from Ch. 147, par. 132)
Sec. 32. Certificate of Conformance; appeal. For a weight
or measure or weighing or measuring device to be certified
for use in the State of Illinois, it must have a Certificate
of Conformance issued by the National Conference on Weights
and Measures Institute of Standards and Technology as set
forth in Section 30 of this Act. The Department may approve
or disapprove the use of a weight or measure or weighing or
measuring device where a Certificate of Conformance is
pending in accordance with the provisions of Section 30 of
this Act. Decisions rendered by the Department are subject
to the Illinois Administrative Procedure Act.
If a person is dissatisfied with a decision issued by the
National Conference on Weights and Measures Institute of
Standards and Technology regarding the issuance of a
Certificate of Conformance, the person may appeal according
to the appropriate administrative procedures of the National
Conference on Weights and Measures Institute of Standards and
Technology and the U. S. Department of Commerce.
(Source: P.A. 88-600, eff. 9-1-94.)
(225 ILCS 470/40) (from Ch. 147, par. 140)
Sec. 40. Inspection fee; Weights and Measures Fund.
Except as otherwise provided in Section 43, the Director and
each sealer shall collect and receive from the user of
weights and measures a commercial weighing or measuring
device inspection fee. For the use of its Metrology
Laboratory, the testings of weights and measures and such
other inspection and services performed, the Department shall
set a fee, the amount of which shall be according to a
Schedule of Weights and Measures Inspection Fees established
and published by the Director. The fees so collected and
received by the State shall be deposited into a special fund
to be known as the Weights and Measures Fund. All weights
and measures inspection fees, metrology fees, weights and
measures registrations, and weights and measures penalties
collected by the Department under this Act shall be deposited
into the Weights and Measures Fund. The amount annually
collected shall be used by the Department for activities
related to the enforcement of this Act and the Motor Fuel and
Petroleum Standards Act, and for the State's share of the
costs of the Field Automation Information Management project.
No person shall be required to pay more than 2 inspection
fees for any one weighing or measuring device in any one year
when found to be accurate. When an inspection is made upon a
weighing or measuring device because of a complaint by a
person other than the owner of such weighing or measuring
device, and the device is found accurate as set forth in
Section 8 of this Act, no then the inspection fee shall be
paid by the complainant. Any time a weighing or measuring
device is found to be inaccurate, the user shall pay the
inspection fee.
(Source: P.A. 91-704, eff. 7-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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