Printer Friendly View    Printer Friendly Version

24.351.101   DEFINITIONS

As used in this chapter, the following definitions apply:

(1) "Bureau" means the Building and Commercial Measurements Bureau of the Montana Department of Labor and Industry.

(2) "NIST" means the national institute of standards and technology of the United States department of commerce.


History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.105   ADOPTION OF STATE WEIGHTS AND MEASURES STANDARDS AND RECOMMENDATIONS

(1)  Subject to the provisions of Title 32, chapter 12, part 2, and Title 82, chapter 15, part 1, MCA, the bureau adopts and incorporates by reference the following publications for weights and measures in Montana: 

(a)  NIST Handbook 44, 2023 edition: Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices with the following modifications:

(i)  Delete paragraph UR.3.3. Single-Draft Weighing found in section 2.20, Scales.

(ii) Delete paragraph UR.2.2. Ticket Printer, Customer Ticket found in section 3.31, Vehicle-Tank Meters.

(b)  NIST Handbook 130, 2023 edition: Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality with the following modifications:

(i)  IV Uniform Regulations part A, Uniform Packaging and Labeling Regulation section 14, insert in the blank space January 1, 2024, for the effective date.

(ii)  IV Uniform Regulations part B, Uniform Regulation for the Method of Sale of Commodities, section 5 insert in the blank space January 1, 2024, for the effective date.

(iii) IV Uniform Regulations part D, Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices, section 3, Registration Fee, insert in all blank spaces, $25.00.  Section 8 insert P.O. Box 200516 Helena Mt 59620 in the blank space.

(iv)  IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 4(c) through (g) insert in all blank spaces January 1, 2024, for the effective date.

(v)  IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 7, insert in the blank space January 1, 2024, for the effective date.

(c)  NIST Handbook 130, 2023 edition: Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality with the following modifications:

(i) Delete in its entirety Section III, part B Uniform Weighmaster Law.

(ii) Delete in its entirety Section IV, part C Uniform Unit Pricing Regulation.

(d)  NIST Handbook 133, 2022 edition: Checking the Net Contents of Packaged Goods.

(2) A copy of NIST Handbooks 44, 130, and 133 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference on Weights and Measures, Gaithersburg, MD 20899-0001, or online at www.nist.org.

 

History: 30-12-202, 82-15-102, MCA; IMP, 30-12-202, 30-12-205, 30-12-401, 30-12-406, 30-12-407, 30-12-408, 30-12-409, MCA; NEW, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.201   NIST HANDBOOK 44 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR WEIGHING AND MEASURING DEVICES

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, 30-12-205, 30-12-401, 30-12-406, 30-12-407, 30-12-408, 30-12-409, MCA; Eff. 12/31/72; AMD, Eff. 6/2/75; AMD, 1982 MAR p. 7, Eff. 1/15/82; AMD, 1998 MAR p. 1498, Eff. 6/12/98; AMD, 1999 MAR p. 68, Eff. 1/15/99; AMD, 1999 MAR p. 1295, Eff. 6/18/99; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.203   CERTIFICATION OF STATIONARY STANDARDS

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.204   UNIFORM REGULATION FOR NATIONAL TYPE EVALUATION

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.207   SPLIT WEIGHING ALLOWED

This rule has been repealed.

History: 30-12-107, MCA; IMP, 30-12-107, 37-12-306, 37-12-406, MCA; NEW, 2013 MAR p. 1984, Eff. 11/1/13; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.211   FEES FOR TESTING AND CERTIFICATION

(1) The following fees shall apply to the testing of all devices subject to these rules:  

(a) PA Meters           (20 GPM or less)                                          $10.00

(b) PB Meters           (20 GPM-130 GPM)                                     $30.00

(c) PC Meters           (above 130 GPM)                                         $30.00

(d) PD Meters          (Liquified Petroleum Gas)                           $50.00

(e) SA/S1 Scales    (499 LB or less)                                            $20.00

(f) SB/S2 Scales     (500 LB-1,999 LB)                                      $30.00

(g) SC/S3 Scales    (2,000 LB-7,999 LB)                                   $35.00

(h) SD/S4 Scales    (8,000 LB-60,000 LB)                               $150.00

(i) SE/S5 Scales      (60,000 LB or more)                                $150.00

(2) A reinspection of a rejected device shall not incur the testing and certification fee.

(3) Special inspections are not required by statute and only occur upon request to the bureau. The fees for special inspections are as follows:

(a) units over 5000 pounds of testing weights, $2.50 per mile, measured by the distance the bureau's employee travels in connection with the special inspection;

(b) all other units, $1.25 per mile, as measured by the distance the bureau's employee travels in connection with the special inspection; and

(c) time for testing by inspection, $75 per hour.

(4) Where fees are not paid within 30 days after any inspection completed by the bureau, the bureau may seal and remove the device from service, until the fees have been paid.

 

History: 30-12-202, MCA; IMP, 30-12-202, 30-12-203, MCA; Eff. 12/31/72; AMD, Eff. 2/5/74; AMD, 1984 MAR p. 24, Eff. 1/13/84; AMD, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1993 MAR p. 1501, Eff. 7/16/93; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.215   LICENSE FEE SCHEDULE FOR WEIGHING AND MEASURING DEVICES

(1) Measuring device license fees are as follows:

(a) each�volume measuring device�with a listed maximum delivery rate of 20 or less gallons per minute (gpm)���� �$21

(b) each�volume measuring device�with a maximum listed delivery rate of between 130 gpm and 20 gpm����� 70

(c) each�volume measuring device�with a maximum listed delivery of over 130 gpm����� 83

(d) each liquefied petroleum gas (LPG) meter����� 102

(2) Weighing device license fees are as provided in 30-12-203, MCA.

History: 30-12-202, 82-15-102, 82-15-105, MCA; IMP, 30-12-203, 82-15-105, MCA; NEW, 1993 MAR p. 1501, Eff. 7/16/93; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 2000 MAR p. 2015, Eff. 7/28/00; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2006 MAR p. 2661, Eff. 10/27/06; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.221   WEIGHING DEVICE LICENSE TRANSFER

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-203, MCA; NEW, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 2000 MAR p. 2015, Eff. 7/28/00; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; REP, 2012 MAR p. 1786, Eff. 9/7/12.

24.351.224   ACCESSIBILITY TO STOCK SCALES

(1) All permanently installed stock scales must be provided with a landing or access to the scale, having a width at least equal to the width of the scale platform and a length of at least five feet from the scale platform enclosure. The landing must be level with the deck of the scale platform and be constructed of concrete.

(2) A pathway must be provided to the scale access such that the test vehicle will not become mired down and such that the test vehicle can be parked in a relatively level position, both horizontally and vertically. The pathway is required to have a width of from ten to twelve feet and a height clearance of at least fourteen feet. This pathway must be continuous to the scale access concrete. All gates in the pathway must be in good working order.

(3) Portable livestock scales must be located on level ground and be provided with a temporary landing or access to the scale, having a width at least equal to the width of the scale platform, having a length of at least five feet from the scale platform enclosure, be level with the deck of the scale platform, and be constructed of materials sufficient to support a test vehicle.

 

History: 30-12-202, MCA; IMP, 30-12-203, MCA; NEW, 1991 MAR p. 1486, Eff. 8/16/91; TRANS, from Commerce, 2005 MAR p. 445; AMD, 2012 MAR p. 1786, Eff. 9/7/12.

24.351.227   SCALE PIT CLEARANCE

(1) No new installations or replacements of vehicle or livestock scales may be placed in a pit where the clearance from the floor of the pit to the bottom of the I-beams is less than 42 inches.

(2) Scale pits are not required for fully electronic scales, unless the pit is necessary for the installation, operation, or maintenance of the fully electronic scale.

(3) Electronic scales which do not require a pit for their installation, operation, or maintenance must be installed in strict compliance with the manufacturer's specification for each specific model.

(4) Scale pits must have concrete walls surrounding the entire pit, substantial in both durability and strength to prevent soil, snow, and other materials from entering the pit area and preventing the scale from operating properly. The requirements of this rule will apply only to those scales installed after its adoption.

 

History: 30-12-202, MCA; IMP, 30-12-202, MCA; Eff. 12/31/72; AMD, 1987 MAR p. 589, Eff. 5/15/87; AMD, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.301   NIST HANDBOOK 130 - UNIFORM LAWS AND REGULATIONS

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; Eff. 12/31/72; AMD, 1979 MAR p. 1181, Eff. 10/12/79; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.311   RANDOM INSPECTION OF PACKAGES
(1) As required by the statutes, the following implements a schedule for the random inspection of packages and commodities kept, offered or exposed for sale at randomly selected inspection sites throughout Montana.

(2) The state is divided into inspection regions and it is anticipated that each inspection region will complete approximately 50 "package lot" inspections per year in random areas throughout the inspection region.

(3) The package inspections shall include all types of commodities as provided for in Title 30, chapter 12, parts 3 and 4, MCA.

History: 30-12-202, 30-12-207, MCA; IMP, 30-12-207, MCA; NEW, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 1995 MAR p. 2486, Eff. 11/23/95; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05.

24.351.321   NIST HANDBOOK 133 - CHECKING THE NET CONTENTS OF PACKAGED GOODS

This rule has been repealed.

History: 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA; IMP, 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.401   NIST HANDBOOK 130 - UNIFORM LAWS AND REGULATIONS

This rule has been repealed.

History: 82-15-102, 82-15-103, MCA; IMP, 82-15-103, MCA; NEW, Eff. 12/6/75; AMD, Eff. 11/26/77; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 1997 MAR p. 45, Eff. 1/17/97; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.411   SAMPLING OF PETROLEUM PRODUCTS

(1) All sampling will be done by employees of the bureau. A random sampling of petroleum products of the manufacturer and importer may be made to ensure that proper standards are being met. The bureau may require the cost of testing samples be paid for by the manufacturer or importer.

(2) On complaint of an individual as to standards of a petroleum product, sampling will be made by employees of the bureau. The bureau shall review the complaint and the sampling to determine if an investigation will be conducted into the petroleum product in question.

 

History: 82-15-102, MCA; IMP, 82-15-107, MCA; Eff. 12/31/72; AMD, Eff. 11/26/77; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.421   CHARGES FOR LIQUEFIED PETROLEUM GAS
(1) As provided by 82-15-109 , MCA, liquefied petroleum gas (LPG) shall be sold by liquid measure or weight as determined with a device licensed by the department.  Customer charges for LPG purchase at retail shall be computed only on the basis of the net weight or liquid measure received by the purchaser.  For sales of less than five gallons or 20 pounds, the retailer may charge, in addition to the charge for the LPG, a bottle filling service charge.  If the retailer chooses to bill for a bottle filling service charge, the additional service charge must be clearly disclosed.  The disclosure of the bottle filling service charge shall consist of the retailer's displaying the additional dollar amount for the filling service and the conditions under which the service fee will be charged.  The disclosure shall be displayed in a clear and conspicuous manner on both the dispensing device and on all on-site signs advertising the availability of LPG at the site.  Minimum transaction charges based on the size of the customer's LPG container or set at flat or fixed dollar amounts, without regard for the actual quantity of LPG remaining in the customer's container(s) , are prohibited.
History: 82-15-102, MCA; IMP, 82-15-109, MCA; NEW, 1991 MAR p. 1486, Eff. 8/16/91; TRANS, from Commerce, 2005 MAR p. 445.

24.351.425   RECEIPT TO BE LEFT AT TIME OF DELIVERY

(1) For all wholesale or retail deliveries of petroleum products, including, but not limited to, gasoline, diesel fuel, home heating oil or liquefied petroleum gas (LPG) , delivered to remote locations such as on-farm storage tanks, a receipt, either mechanically printed or handwritten, denoting the date and total gallons delivered into the customer's tank shall be left at either the delivery location or at a location specified by the customer unless a prior agreement has been made with that customer.

History: 30-12-301, MCA; IMP, 30-12-407, MCA; NEW, 1999 MAR p. 68, Eff. 1/15/99; TRANS, from Commerce, 2005 MAR p. 445.

24.351.1101   VOLUNTARY REGISTRATION PROGRAM FOR SERVICEPERSONS AND SERVICE AGENCIES

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1104   INDIVIDUAL APPLICANTS FOR REGISTRATION

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1107   AGENCY APPLICANTS FOR REGISTRATION

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1111   PRIVILEGES AND OBLIGATIONS OF A CERTIFICATE HOLDER

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1115   RENEWAL OF CERTIFICATE OF REGISTRATION

This rule has been repealed.

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1117   REGISTRATION BY RECIPROCITY

(1) The bureau may approve an individual registered serviceperson from any state if the bureau determines that the individual's state of registration's registered service agency's requirements are substantially similar to those used in this state, and the individual meets those requirements.  The individual shall provide the bureau with any information necessary for the bureau to make this determination.

 

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1121   VOLUNTARY REGISTRATION PROGRAM FOR SERVICEPERSONS AND SERVICE AGENCIES - FEES

(1) The bureau adopts and incorporates by reference the Uniform Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices in NIST Handbook 130, 2023 edition, for the voluntary registration of individuals and entities that have demonstrated an ability to accurately install, service, repair, or recondition a commercial weighing or measuring device. 

(2) The individual or entity shall apply for registration on application forms provided by the bureau.

(3) The application and annual renewal fees are as follows:

(a) serviceperson                                                                            $25

(b) service agency                                                                           25

(c) late renewal fee                                                                          12.50

(4) The bureau shall maintain and make public a list of registered servicepersons and registered service agencies.

 

History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2023 MAR p. 1871, Eff. 1/1/24.