Fla. Stat. § 531.36
Title
This act may be cited as the “Weights and Measures Act of 1971.”
Florida Statutes Chapter 531 — WEIGHTS, MEASURES, AND STANDARDS
Florida · statute · Fla. Stat. ch. 531 · 27 active provisions
Fla. Stat. § 531.37
Definitions
As used in this chapter:(1) “Weights and measures” means all weights and measures of every kind, instruments, and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices, excluding taximeters, transportation measurement systems, and those weights and…
Fla. Stat. § 531.38
Systems of weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weight and measure, the tables of weight and m…
Fla. Stat. § 531.39
State standards
Weights and measures that are traceable to the United States prototype standards supplied by the Federal Government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards of weights and measures, and shall be maintained in such calibration as presc…
Fla. Stat. § 531.40
Technical requirements for commercial devices
The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, as determined by regulations adopted by the department, which regulations shall afford the greatest degree of protection to the public, shall conform to those adopted by the National Institute of Standards an…
Fla. Stat. § 531.41
Powers and duties of the department
The department shall:(1) Maintain traceability of the state standards to the National Institute of Standards and Technology.(2) Enforce the provisions of this chapter.(3) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.(4) Establish, by rule, standards of weight, measure, o…
Fla. Stat. § 531.415
Fees
(1) The department shall charge and collect fees of not more than the following for actual metrology laboratory calibration and testing services rendered:(a) For each mass standard that is tested or certified to meet tolerances less stringent than American National Standards Institute/American Society for Testing and M…
Fla. Stat. § 531.42
Special police powers
With respect to the enforcement of this chapter and rules pursuant thereto, the department is:(1) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale, or sold in violation of the prov…
Fla. Stat. § 531.421
Powers and duties of local officials
Any weights and measures official appointed for a county or city may exercise, in cooperation with the state, the duties enumerated in s. 531.41(9)-(13) and the powers enumerated in s. 531.42. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall…
Fla. Stat. § 531.43
Misrepresentation of quantity
No person shall sell or offer or expose for sale less than the quantity he or she represents, nor take any more than the quantity he or she represents, when, as buyer, the person furnishes the weight or measure by means of which the quantity is determined.
Fla. Stat. § 531.44
Misrepresentation of pricing; verification procedures
(1) No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Whenever an advertised, posted, or labeled price per unit of weight…
Fla. Stat. § 531.45
Method of sale
Except as otherwise provided by rule of the department, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by area or volume measure, or by count, so long as the method of sale provides accurate quantity information.
Fla. Stat. § 531.46
Bulk sale
Bulk sales in excess of $20 shall be accompanied by a delivery ticket containing the following information:(1) The name and address of the vendor and purchaser;(2) The date delivered;(3) The net quantity delivered and the net quantity upon which the price is based, if this differs from the delivered quantity;(4) The id…
Fla. Stat. § 531.47
Information required on packages
Except as otherwise provided in this chapter or by rules adopted pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale 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 easi…
Fla. Stat. § 531.48
Declarations of unit price on random packages
In addition to the declarations required by s. 531.47, any package being one of a lot containing random weights of the same commodity must bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight and the total retail price of the package, as defined by department rul…
Fla. Stat. § 531.49
Advertising packages for sale
A packaged commodity closely and conspicuously associated with the retail price must have a declaration of quantity as is required by law or rule to appear on the package.
Fla. Stat. § 531.50
Administrative fine, penalties, and offenses
(1) The department may enter an order imposing one or more of the following penalties against a person who violates this chapter or any rule adopted under this chapter or impedes, obstructs, or hinders the department in performing its duties under this chapter:(a) Issuance of a warning letter or notice.(b) Imposition o…
Fla. Stat. § 531.51
Injunction
The department is authorized, without bond, to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter.
Fla. Stat. § 531.52
Presumptive evidence
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that pl…
Fla. Stat. § 531.53
Regulations to be unaffected by repeal of prior enabling statute
The enactment of this chapter or any of its provisions shall not affect any rule adopted pursuant to the authority of any earlier enabling statute unless inconsistent with this chapter or modified or revoked by rule of the department.
Fla. Stat. § 531.60
Permit for commercially operated or tested weights or measures instrument or devices
(1) A weights and measures instrument or device may not operate or be used for commercial purposes, as defined by department rule, within this state without first being permitted through a valid commercial use permit issued by the department to the person who owns the weights and measures device, unless exempted as pro…
Fla. Stat. § 531.61
Exemptions from permit requirement
Commercial weights or measures instruments or devices are exempt from the requirements of ss. 531.60-531.66 if:(1) The device is used exclusively for weighing railroad cars and is tested for accuracy and compliance with state standards by a private testing agency.(2) The device is used exclusively for measuring aviatio…
Fla. Stat. § 531.62
Permit application and renewal
(1) An application for a commercial use permit shall be submitted to the department on a form prescribed and furnished by the department and must contain such information as the department may require by rule.(2) The application must be accompanied by a fee in an amount determined by the number and types of instruments…
Fla. Stat. § 531.63
Maximum permit fees
The commercial use permit fees established for weights or measures instruments or devices shall be in an amount necessary to administer this chapter but may not exceed the amounts provided in this section.(1) For weighing devices, the fees must be based on the manufacturer’s rated capacity or the device’s design and us…
Fla. Stat. § 531.64
Suspension and revocation of permits
Any permit issued under s. 531.62 may be suspended or revoked by the department if the devices or instruments for which the permit is issued are operated or used contrary to this chapter or adopted rules.
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