MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Agriculture

By: Senator(s) Thames

AN ACT TO AMEND SECTION 75-27-19, MISSISSIPPI CODE OF 1972, TO TRANSFER THE AUTHORITY FOR THE REGULATION OF WEIGHING DEVICES USED TO WEIGH ROAD CONSTRUCTION MATERIALS FROM THE DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-27-19, Mississippi Code of 1972, is amended as follows:

75-27-19. The director shall have power to prescribe, after public hearing following due public notice, and issue reasonable regulations for the enforcement of this article, which regulations shall have the force and effect of law. 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 75-27-31 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 75-27-23, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those (1) that are not accurate, (2) that are of such construction that they are faulty--that is, that are not reasonably permanent in their adjustment or will not repeat their indications correctly, or (3) that facilitate the perpetration of fraud. The specifications, tolerances, and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Bureau of Standards and published in National Bureau of Standards 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 the State of Mississippi, except insofar as specifically modified, amended, or rejected by a regulation issued by the director. For the purposes of this article, apparatus shall be deemed to be "correct" when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be "incorrect." The division shall levy no charges or fees for the field tests or inspections made under this article; however, the director shall adopt a schedule of fees for calibration and testing services provided by the State Metrology Laboratory. Fees collected for such calibration and testing shall be deposited in the State Treasury in the special fund for the Department of Agriculture and Commerce. The director shall require persons installing scales with a weight capacity of ten thousand (10,000) pounds or more to secure a permit for each such scale installed, establish a fee not to exceed Fifty Dollars ($50.00) for such permit and require such person to supply the director with scale and scale foundation blueprints and specifications for each installation before installation of the scale. Applications for permit shall be made on forms prescribed and furnished by the director. The director shall establish and adopt scale pit and approach specifications for scales with a capacity of ten thousand (10,000) pounds or more. However, weighing devices with a capacity of ten thousand (10,000) pounds or more used to weigh road construction materials only shall * * *

have a tolerance of one-half of one percent (1/2 of 1%) in lieu of the requirements of Handbook 44 * * *. For purposes of this section, the term "road construction materials" shall include, but not be limited to, sand, gravel, asphalt, fill dirt, topsoil and concrete. The term "road construction materials" shall not include timber or timber products.

SECTION 2. This act shall take effect and be in force from and after its passage.