MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Agriculture
By: Representative Wilson (By Request)
AN ACT TO AMEND SECTION 75-27-3, 75-27-19, 75-27-23 AND 75-27-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE AND COMMERCE TO REVISE THE MANNER BY WHICH CORN MAY BE SOLD TO INCLUDE SALES BY WEIGHT OR VOLUME; TO AUTHORIZE THE USE OF VENDING MACHINES WHICH DISPENSE AGRICULTURAL COMMODITIES BY WEIGHT OR FOR USE IN THE STATE; TO EXEMPT SUCH MACHINES FROM THE REQUIREMENTS OF CERTAIN CERTIFICATION FOR PURPOSE OF OPERATING IN THE STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-27-3, Mississippi Code of 1972, is amended as follows:
75-27-3. When used in this article:
( * * *a) The word "person" means
both the plural and singular, as the case demands, and includes individuals,
partnerships, corporations, companies, societies, and associations.
( * * *b) The words "weight(s) and (or)
measure(s)" means all weights and measures of every kind, all instruments
and devices and all electronic systems that employ a laser bar code reader to
retrieve product identity, price and other information stored in computer
memory, for weighing and measuring, or in the computing of any basic charge or
payment for products bought or services rendered on the basis of weight or measure
or count and any appliances and accessories associated with such instruments
and devices, except that the term does not include meters for the measurement
of electricity, gas, or water when the meters are operated in a public utility
system, or production from oil and gas wells under the supervision of the State
Oil and Gas Board. Such electricity, gas, and water meters are hereby
specifically excluded from this article, and none of the provisions of this
article shall apply to such meters or to any appliances or accessories
associated with them.
( * * *c) The words "sell" and
"sale" means barter and exchange.
( * * *d) The term "director" and
"deputy director" means, respectively, the State Director of Weights
and Measures, who shall be the Commissioner of Agriculture and Commerce, and
the Deputy State Director of Weights and Measures, who shall serve as the
administrator.
( * * *e) The term "inspector"
means a state inspector of weights and measures.
( * * *f) The term "intrastate
commerce" means any and all commerce or trade that is begun, carried on,
and completed wholly within the limits of the State of Mississippi, and the
phrase "introduced into intrastate commerce" shall be construed to
define the time and place at which the first sale and delivery of a commodity
is made within the state, and delivery being made either directly to the
purchaser or to a common carrier for shipment to the purchaser.
( * * *g) The term "commodity in package
form" means commodity put up or packaged in any manner in advance of sale
in units suitable for either wholesale or retail sale, exclusive, however, of
an auxiliary shipping container enclosing packages that individually conform to
the requirements of this article. 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 construed to be commodity in package form.
( * * *h) The term "Handbook 44"
means the National Institute of Standards and Technology Handbook 44,
"Specifications, Tolerances, and Other Technical Requirements for Weighing
and Measuring Devices."
(i) The term "vending machine" means a freestanding machine that stores and dispenses agricultural commodities for a price upon demand of a customer and without an attendant, that:
(i) Allows the sale of a commodity by weight in pound or a measure which is clearly indicated thereon;
(ii) Accepts cash or credit or debit cards as a medium of exchange and has the price per unit of weight or measure clearly indicated thereon;
(iii) Satisfies all applicable building, electrical and fire code requirements;
(iv) Makes the sale of all product dispensed therefrom subject to all applicable state and local taxes;
(v) Clearly and visibly displays the name and contact information of the owner or operator, including a telephone number; and
(vi) Is routinely inspected by the Mississippi Department of Agriculture and Commerce to ensure accuracy of its weights and measure, but shall be exempt from the certification requirements of the National Conference of Weights and Measures and the National Type Evaluation Program (NTEP).
SECTION 2. Section 75-27-19, Mississippi Code of 1972, is amended as follows:
75-27-19. The director may adopt, amend or repeal 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 or vending machines, together with amendments thereto, as recommended by the National Institute of Standards and Technology and published in 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 or vending machines 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 shall be exempt from the requirements of this article. Such weighing devices for road construction materials shall have a tolerance of one-half of one percent (1/2 of 1%) in lieu of the requirements of Handbook 44 and shall be regulated by the Mississippi Department of Transportation instead of the Department of Agriculture and Commerce. 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 3. Section 75-27-23, Mississippi Code of 1972, is amended as follows:
75-27-23. When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale or purchase. It shall be the duty of the director within a twelve-month period, or less frequently if in accordance with a schedule issued by him, and as much oftener as he may deem necessary to inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement or count of commodities or things sold or purchased, or offered or exposed for sale or purchase, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count. Provided, that with respect to single-service devices - that is, devices designed to be used commercially only once and to be then discarded - and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.
The manufacturer or distributor of any weighing device(s) offered for sale, sold, installed for commercial use or used commercially in this state shall subject such device to type evaluation testing by the National Type Evaluation Program (NTEP), National Institute of Standards and Technology (NIST), except such evaluation testing shall not apply vending machines which disburse commodities. Any weighing device not covered by a certificate of conformance or exempted from the requirement of a certificate of conformance from such agency shall not be used commercially in this state.
SECTION 4. Section 75-27-41, Mississippi Code of 1972, is amended as follows:
75-27-41. Except as otherwise provided in this article, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or 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 unless the same can easily be identified through the wrapper or container, (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 any place other than on the premises where packed or sold from a vending machine, the name and place of business of the manufacturer, packer, or distributor. Provided, that in connection with the declaration required under clause (2), neither the qualifying term "when packed" or any words of similar import shall be used. Provided further, that under clause (2) the director shall, by regulation, establish (a) reasonable variations to be allowed, which shall 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.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.