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| Public Act 098-0342 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Weights and Measures Act is amended by | ||||
changing Sections 8, 30, and 36 as follows:
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(225 ILCS 470/8) (from Ch. 147, par. 108)
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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
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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
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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
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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
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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
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Director.
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The National Institute of Standards and Technology
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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
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standards and
field standards weights and measures.
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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".
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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.
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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
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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.
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(Source: P.A. 96-1333, eff. 7-27-10.)
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(225 ILCS 470/30) (from Ch. 147, par. 130)
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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
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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
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Handbook 44, 105-1, 105-2, 105-3, 105-4, or 105-8.
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(Source: P.A. 96-1333, eff. 7-27-10.)
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(225 ILCS 470/36) (from Ch. 147, par. 136)
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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
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device need not be marked as required by the provisions of this | ||
Section.
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(Source: Laws 1963, p. 3433.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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