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Public Act 098-0342
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| HB2273 Enrolled | LRB098 08239 MGM 38337 b |
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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, |
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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 |
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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 |
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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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