AB 75 — Revises provisions relating to weights and measures. (BDR 51-273)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

7575–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.

75–COMMITTEE ON N ATURAL RESOURCES (ON B EHALF OF THE STATE DEPARTMENT OF A GRICULTURE ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to weights and measures.

(BDR 51-273) FISCAL NOTE:

EfEffect on the State:

Yes.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegiExisting Counsel’slaw Digest:sets forth provisions governing weights and measures and their usage in this State.

usage in this State.

primary standards, which serve as the legal reference from which all other standards are derived, and secondary standards, which are traceable to primary standards through comparison or laboratory procedures and 3used offor thisenforcement billpurposes. create two additional standards:

field(NRS reference581.012, standards581.016) Sections 2 and transfer3 standards.of this bill create two additional standards:

Specifically,field section 2 defines the term “field reference -standards *AB75_R1*and – 2 – standards” to mean standards which are traceable to primary standards through comparison or laboratory procedures and used for installation, adjustment, repair or calibration of certain devices, and section 3 defines the term “transfer standards” to mean certain items used for a short period of time in certain conditions to check the accuracy of commercial weighing and measuring equipment.

(1) transfer standards may be used as temporary measurement referencesequipment; to check the accuracy of commercial weighing and measuring Institute of Standards and Technology.atisfy certain standards of the National Section 5 of this bill creates a new rebuttable presumption that the presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuring equipment is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.

Existingand law(2) providessuch thatuse thedoes presencenot ofsatisfy acertain weightstandards or measure, or of a weighing or measuring device in or about any place where buying or selling weighing or measuring device is regularly used for the businessNational purposesInstitute of thatStandards place.and Technology.

Section 5 of this bill creates a new rebuttable presumption that the presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuring equipment is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.

weighing or measuring device in or about any place where buying or sellinga commonly occurs, creates a rebuttable presumption that the weight or measure, or weighing or measuring device is regularly used for the business purposes of that place.

- 81st Session (2021) – 2 – Existing law sets forth the duties of the State Sealer of Consumer Equitability.

Existing law requires the State Sealer of Consumer Equitability to adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate.

(NRS 581.067) Section 8 of this bill requires the State Sealer of Consumer Equitability to also adopt such regExistingregulations law requires the State Sealer of Consumer Equitability to establish requirements for informationfield relatingreference tostandards openand datingtransfer ofstandards. packaged food.

(NRS 581.067) Existing regulationslaw carryrequires outthe thisState requirementSealer byof adoptingConsumer byEquitability referenceto theestablish Uniformrequirements Openfor Datinginformation Regulation,relating asto setopen forthdating in the National Institute of Standardspackaged andfood. Technology Handbook 130:

(NRS the Uniform Open Dating Regulation, as set forth in the National Institute ofence Standards and Technology Handbook 130:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

“Field reference standards” means the physical standards that are traceable to the primary standards through comparisons or by using acceptable laboratory procedures, and that are used in the installation, adjustment, repair or calibration - *AB75_R1* – 3 – of devices for weights and measures, and weighing and measuring devices.

- 81st Session (2021) – 3 – Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, as adopted by reference by regulation of the State Sealer of Consumer Equitability.

The presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuringmeasuringustments equipment creates a rebuttable presumption that the field reference standard is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.

Make available to all users of [physical] field reference standards and transfer standards, or of weighing and measuring equipment, the precision calibration and related metrological certificationcer4.ficPromote capabilitiesuniformity, ofto the facilitiesextent ofpracticable and desirable, between the Division.requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.

4.5.

Promote uniformity, to the extent practicable and desirable, between the requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.

- *AB75_R1* – 4 – 5.

- 81st Session (2021) – 4 – 3.

(a) Labeling;

(a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count;

orered or exposed for sale, on the basis of (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

- *AB75_R1* – 5 – 12.

The State- Sealer81st ofSession Consumer(2021) Equitability– shall5 remove– from service and may seize weights and measures found to be incorrect that are notnotnd capable of being made correct.

Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.

-necessary, *AB75_R1*to –determine 6their –accuracy.ce 18.representations, as 19.