Ala. Admin. Code r. 80-13-6-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-13-6-.03 - Registration Requirements For Weights And Measures And Fees Therefor

Effective, October 1, 2004, any person, firm, incorporated or unincorporated association or organization, corporation, partnership, limited liability company, cooperative, two or more individuals having a joint or common interest or other business entity that can identified by distinct geographic location including, but not limited to subsidiaries, branches, sub-stations or locations, affiliates and satellites possessing and maintaining, a measuring device as defined herein, who is selling, offering or exposing for sale any commodity, by weight or measure, as defined in § 8-16-1 et seq, Code of Ala. 1975, as amended shall be considered a separate and unique individual or entity and subject to this regulation. Each such separate and unique individual or entity shall pay an annual registration fee which shall be assessed by and become payable to the Department of Agriculture and industries for any weighing or measuring device.

(a) Those devices designed to measure weight between 0 to 1000 pounds or the metric equivalent shall be considered lightweight medium duty scales. Each individual or entity employing the use of a lightweight medium duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $20.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.

(b) Those devices designed to measure weight between 1001 to 50,000 pounds or the metric equivalent shall be considered a medium duty scale. Each individual or entity employing the use of a medium duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $30.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.

(c) Those devices designed to measure weight between 50,001 to 400,000 pounds or the metric equivalent shall be considered a heavy duty scale. Each individual or entity employing the use of a heavy duty scale in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.

(d) Those devices designed to dispense any substance at a rate of 20 gallons or the metric equivalent or greater per minute shall be considered a high speed dispenser. Each individual or entity employing the use of a high speed dispenser in the normal course of its business or trade shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location. Nothing in this rule shall apply to those devices dispensing any substance at a rate of less than 20 gallons or metric equivalent per minute.

(e) Those devices utilized by commercial dairy farming entities designed to contain and dispense volumes of milk for introduction into commerce shall be considered a dairy milk tank. Each individual or entity employing the use of a dairy milk tank in the normal course of its business shall pay to the Commissioner of Agriculture and Industries a fee of $50.00 per each device, or in the alternative, shall pay an annual fee of $150.00 per business location.

(f) No individual or entity remitting any fees to the Alabama Department of Agriculture and Industries under Chapters 19, 21, 22, 23, or 26 of Title 2 of the Code of Ala. 1975, as amended other than nursery dealer fees found in 80-10-1-.03(3) of the Alabama Administrative Code, fertilizer dealer fees found in 80-1-6-.12(b) of the Alabama Administrative Code, or supplemental seed container sales fees found in 80-11-1-.07(a) of the Alabama Administrative Code shall be required to pay in the aggregate an amount under this regulation in excess of $30.00 for any one twelve month period beginning October 1 and ending September 30.

(g) Scales and weighing devices utilized in livestock markets as defined in Chapter 15 of Title 2 of the Code of Ala. 1975, as amended shall be specifically exempt from this regulation.

(h) Any individual or entity found in violation of any portion of this regulation by the Alabama Department of Agriculture and Industries shall be placed under written notice of violation by the Commissioner of Agriculture and Industries or his or her duly authorized agents. Said individual or entity will have thirty days from the date of violation notice to comply with this regulation. If, after the expiration of said 30 day period, said individual or entity shall be immediately subject to any and all penalties relating to weights and measures provided for in the Code of Ala. 1975, as amended or the Alabama Administrative Code.

(i) All individuals or entities registering any of the devices listed in (b)and (c) above shall, at any and all times the registered device or devices is/are utilized, have on duty a weighmaster as outlined in § 8-16-50 et seq of the Code of Ala. 1975, as amended. Beginning October 1, 2004, a fee of $20.00 payable to the Commissioner of Agriculture and Industries shall be assessed each person appointed or designated as a weighmaster. The certificate of appointment or designation provided for in § 8-16-50(d) of the Code of Ala. 1975, as amended shall be prominently displayed in a conspicuous manner at the location where the device or devices is/are utilized.

(j) Governmental entities shall be exempt from the fees outlined hereinabove.

Ala. Admin. Code r. 80-13-6-.03

New Rule: Filed August 16, 2004; effective September 20, 2004. Amended: Filed August 17, 2012, effective September 21, 2012.

New Rule: Filed August 16, 2004; effective September 20, 2004. Amended: Filed August 17, 2012, effective September 21, 2012. Amended: Filed May 14, 2014, effective June 18, 2014.

Author: John P. Hagood, Patrick B. Moody

Statutory Authority:Code of Ala. 1975, §§ 8-16-15, 8-16-51.