Revision: Jan. 5, 2012, midnight
SB 311-FN-A – AS INTRODUCED
2012 SESSION
08/10
SENATE BILL 311-FN-A
AN ACT transferring authority over weights and measures to the department of safety.
SPONSORS: Sen. Carson, Dist 14; Sen. White, Dist 9; Sen. Groen, Dist 6; Rep. C. McGuire, Merr 8; Rep. Winter, Merr 3; Rep. Bettencourt, Rock 4
COMMITTEE: Executive Departments and Administration
This bill transfers authority over weights and measures from the department of agriculture, markets, and food to the department of safety and establishes weights and measures fees.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2963
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT transferring authority over weights and measures to the department of safety.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Standards for Weights and Measures. Amend RSA by inserting after chapter 339-G the following new chapter:
CHAPTER 339-H
STANDARDS FOR WEIGHTS AND MEASURES
339-H:1 Definitions. In this chapter:
I. “Person” shall be construed to mean both the plural and singular, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, and associations.
II. “Weights and measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices, except that the term shall not be construed to include meters for the measurement of electricity, gas (natural or manufactured), or water when the same are operated in a public utility system. Such electricity, gas, and water meters are hereby specifically excluded from the purview of this chapter, and none of the provisions of this chapter shall be construed to apply to such meters or to any appliances or accessories associated therewith
III. “Sell” and “sale” means barter and exchange.
IV. “Commissioner” means the commissioner of the department of safety.
V. “Inspector” means a state inspector of weights and measures.
VI. “Sealer” means a sealer of weights and measures of a city.
VII. “Intrastate commerce” means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of the state of New Hampshire, 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, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
VIII. “Commodity in package form” means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. 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 a commodity in package form.
IX. A “consumer package” or “package of consumer commodity” means a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.
X. A “nonconsumer package” or “package of nonconsumer commodity” means any commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.
XI. “Division” means the division of weights and measures in the department of safety.
XII. “Commercial use” means weights and measures used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, commodities, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight, measure, or count. Devices used in a determination upon which a charge or service is based include, but are not limited to, taxi meters, odometers, timing devices, and shipping scales. “Commercial use” does not include the determination of the weight, measure, or count of any commodity or thing which is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing.
XIII. “Registered service technician” means an individual who holds a valid certificate of registration from the department of safety who, for hire, installs, services, repairs, reconditions, tests, seals, or calibrates a commercial weighing or measuring device.
XIV. “NIST” means the National Institute of Standards and Technology.
339-H:2 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 the state of New Hampshire. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the NIST are recognized and shall govern weighing and measuring equipment and transactions in the state.
339-H:3 Definitions of Special Units of Measure. The term “barrel” when used in connection with fermented liquor shall mean a unit of 31 gallons. The term “ton” shall mean a unit of 2,000 pounds avoirdupois weight. The term “cord” when used in connection with wood intended for fuel purposes shall mean the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed, as defined in the NIST Handbook 130 as revised and amended.
339-H:4 State Standards of Weight and Measure. Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same have been certified as being satisfactory for use as such by the NIST, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the state division of weights and measures; they shall not be removed from the said office or laboratory except for repairs or for certification.
339-H:5 Field Standards and Equipment. In addition to the state standards provided for in RSA 339-H:4, there shall be supplied by the state such “field standards” and such equipment as may be found necessary to carry out the provisions of this chapter. The field standards shall be verified upon their initial receipt and at least once each year thereafter by comparison with the state standards.
339-H:6 Administration; Inspections. The functions, powers, and duties provided in this chapter are vested in the department of safety to be apprised and used by the commissioner of the department of safety as specified herein and as otherwise provided by law. Subject to the state personnel rules, and within the limits of available appropriations and funds, the commissioner may employ such inspectors and assistants and incur such expenses as may be necessary to carry out the provisions of this chapter. The commissioner or inspectors shall at least once a year visit the various cities having local sealers and inspect their work and, in the performance of duties hereunder, and shall inspect, from time to time, the weights, measures, balances or any other weighing or measuring devices of any person, firm, or corporation in those cities.
339-H:7 General Powers and Duties of Commissioner.
I. The commissioner shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of such standards and equipment.
II. The commissioner shall be responsible for the administration and enforcement of the provisions of this chapter and the administrative rules adopted under this chapter.
III. The commissioner may issue an order to any person in violation of this chapter, any term or condition of a license, permit or registration issued under this chapter, or any rule adopted under this chapter. This order may require such remedial or corrective measures as may be necessary. The order shall require elimination of the violation and shall set the time frame within which the remedial or corrective measures shall be completed. Any person to whom an order is directed may appeal to the commissioner or to the superior court.
IV. The commissioner may hold hearings concerning the issuance of licenses, permits or registrations and the enforcement of these and any other provisions of this chapter.
V. The commissioner may impose administrative fines pursuant to RSA 339-H:44.
VI. The commissioner shall license annually all devices used commercially to provide services on the basis of weight, measure, or count or to establish size, quantity, extent, area or measurement of commodities or articles sold or offered or exposed for sale.
VII. The commissioner shall biennially make to the governor a report on all of the activities under this chapter.
VIII. The commissioner shall designate the registration and expiration dates for all licenses, permits, and registrations issued under this chapter.
IX. The commissioner shall make an annual report on October 1 of each year to the house and senate committees on executive departments and administration and to the house and senate clerks including the number of consumer complaints, the number of inspections, and the number of audits during the prior fiscal year for meters, scales, and other devices.
339-H:8 Rulemaking Authority.
I. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) Standards of net weight, measure, or count, and reasonable standards of fill for any commodity in package form.
(b) 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.
(c) Exemptions from the inspection requirements of RSA 339-H:19 with respect to weights and measures of such character or size that such inspection would be inappropriate, impracticable, or damaging, to the apparatus in question or from standards listed in RSA 339-H:8, II and RSA 339-H:8, III which may cause, in the opinion of the commissioner, disproportionate cost or undue economic hardship to a public solid waste management district, as defined in RSA 53-B, a public facility, as defined in RSA 149-M:4, or transfer station, as defined in RSA 149-M:4.
(d) Compulsory registration of servicemen and service agencies.
(e) Licensing of, and the technical and reporting procedures to be followed by, public weighmasters.
(f) Licensing of weighing and measuring devices used commercially.
(g) Specifications, tolerances, and other technical requirements for weights and measures of the character of those specified in RSA 339-H:10, 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 not reasonably permanent in their adjustment or will not repeat their indications correctly.
(3) That facilitate the perpetration of fraud.
(h) The establishment and collection of fees for:
(1) Examinations.
(2) Placed-in-service forms, inspection report forms, and certification stamps.
(i) The imposition of fines and penalties authorized under this chapter.
II. The commissioner may also adopt, as part of the rules, the definitions and descriptive regulations published by the National Conference on Weights and Measures and amendments, supplements and revisions to such regulations. Rules under this paragraph need not be adopted in accordance with RSA 541-A, but when adopted, shall be filed with the director of legislative services.
III. The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments thereto, as recommended by NIST and published in NIST Handbook 44 and supplements to Handbook 44, or in any publication revising or superseding Handbook 44, shall be the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices of the state of New Hampshire, except as specifically modified, amended, or rejected by a rule adopted by the commissioner. For the purpose of this chapter, apparatus shall be deemed to be “correct” when it conforms to all applicable rules adopted as specified in this section. Other apparatus shall be deemed to be “incorrect.”
IV. In the case where solid waste, as defined in RSA 149-M:4, is weighed in a vehicle at a public facility, as defined in RSA 149-M:4, or transfer station, as defined in RSA 149-M:4, and such solid waste weighed is 200 pounds or less per load, paragraphs II and III shall not apply to such weighing devices. For the purposes of this paragraph, such solid waste weighed and collected shall be received only from a person resident in the town or municipality of which that public facility or public transfer station is a part. Such solid waste shall be assessed for 100 percent of the total net weight but such assessment shall not be for less than the minimum amount levied.
V. The specifications, tolerances, and other technical requirements for standards used in the testing or calibration of commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Conference on Weights and Measures, and published in the NIST Handbook 105 series and supplements to the Handbook 105 series, or in any publication revising or superseding the Handbook 105 series, shall be the specifications, tolerances, and other technical requirements for standards used in the testing and calibration of commercial weighing and measuring devices of the state of New Hampshire, except as specifically modified, amended, or rejected by a rule adopted by the commissioner, and shall be adopted as part of this chapter and need not be adopted in accordance with RSA 541-A
VI. The operational guides, for use in the field evaluation of commercial weighing and measuring devices, by the division of weights and measures and registered servicemen, together with amendments thereto, as recommended by the National Conference on Weights and Measures, and published in the National Conference on Weights and Measures Publication 12, Examination Procedure Outlines for weighing and measuring devices, or in any publication revising or superseding Publication 12, shall be the evaluation procedures used in the field evaluation of weighing and measuring devices used commercially in the state of New Hampshire, except as specifically modified, amended, or rejected by a rule adopted by the commissioner, and shall be adopted as part of this chapter and need not be adopted in accordance with RSA 541-A.
VII. The commissioner shall create a policy for the standards of behavior by inspectors during inspections and investigations. A copy of such policy shall be available on the department of safety’s website and provided to all people subject to inspection.
339-H:9 Testing of Standards; Testing at State Supported Institutions. The commissioner or inspectors, at least once each year, shall test the standards of weight and measure procured by any city for which the appointment of a sealer of weights and measures is provided by this chapter, and shall approve the same when found to be correct, and he or she shall inspect such standards at least once each year. He or she shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting his or her findings, in writing, to the supervisory board and to the executive office of the institution concerned.
339-H:10 General Testing.
I. When not otherwise provided by law, the commissioner or inspectors, shall have the power to inspect and test to ascertain if they are correct all weights and measures kept, offered, or exposed for sale. It shall be the duty of the commissioner, as he or she deems necessary, to inspect and test to ascertain if they are correct all weights and measures commercially used in:
(a) Determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count, or
(b) Computing the basic charge or payment for services rendered on the basis of weight, measure, or of count; provided for single-service devices (that is, devices designed to be used commercially only once and to be then discarded) and 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.
II. The lots of such samples which are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.
339-H:11 Fees for Licensing Commercial Devices. The following annual device license fees shall be charged for the following categories:
I. Scales 100 pounds or less, $18 each;
II. Scales over 100 pounds to 2,000 pounds, $27 each;
III. Scales over 2,000 pounds to 5,000 pounds, $54 each;
IV. Non-vehicle scales over 5,000 pounds, $90 each;
V. Vehicle scales, $180 each;
VI. Lift truck/forklifts, on board weighing systems/scales, $90 each;
VII. On board weighing systems/scales, refuse or recyclable materials collection trucks, $90 each;
VIII. Analytical balances, $36 each;
IX. Retail motor fuel dispensers, except liquefied petroleum gas and natural gas dispensers, $18 per meter;
X. Liquefied petroleum gas retail motor fuel dispensers, $54 per meter;
XI. Natural gas retail motor fuel dispensers, $54 per meter;
XII. Liquid vehicle tank meters, except liquefied petroleum gas and natural gas meters, $54 per meter;
XIII. Liquid bulk storage meters, $90 per meter;
XIV. Liquefied gas meters, $90 per meter;
XV. Taxi meters, $27 per meter; and
XVI. Linear and cordage measures, $18 per meter.
XVII. If the invoice for license renewal is not paid within 30 days of the expiration date, the licensee may request to have the license reinstated and the annual fee shall be increased by 50 percent.
339-H:12 Fees Charged by the New Hampshire Metrology Laboratory.
I. The following fees shall be charged by the New Hampshire Metrology Laboratory for the testing and certification of standards used by registered service technicians, governmental agencies, members of the public and private industry:
(a) Class F test weights meeting specifications and tolerances contained in current NIST Handbook 105-1, greater than 99 pounds but less than 500 pounds, $80 each;
(b) Class F test weights meeting specifications and tolerances contained in current NIST Handbook 105-1, up to 99 pounds, the greater of:
(1) Twenty dollars per weight; or
(2) The hourly charge set forth in paragraph II applied to the time required to test and certify all of the weights submitted for testing and certification, with a minimum charge for one hour;
(c) Class F test weight sets meeting specifications and tolerances contained in current NIST Handbook 105-1, the greater of:
(1) Fifty-five dollars per weight set; or
(2) The hourly charge set forth in paragraph II applied to the time required to test and certify all of the weight sets submitted for testing and certification, with a minimum charge for one hour;
(d) Glass flasks meeting specifications and tolerances contained in current NIST Handbook 105-2, $75 each;
(e) Field standard test measures up to and including 5 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $45 for each test measure;
(f) Field standard test measures with a capacity greater than 5 gallons up to and including 25 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $105 for each test measure;
(g) Field standard test measures with a capacity greater than 25 gallons up to and including 75 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $130 for each test measure; and
(h) Volumetric compartment calibrations:
(1) For the first 100 gallons or less, $160; and
(2) For each additional 100 gallons or less, $50.
II. All testing and certification of standards not listed in paragraph I shall be performed at a rate of $80 per hour, with a minimum charge of the fee for one hour.
III. The division shall charge a $50 fee for each National Voluntary Laboratory Accreditation Program (NVLAP) accredited calibration report.
339-H:13 Fees for the Rental of Test Equipment.
I. Test equipment owned by the division shall be rented only to currently registered service technicians for their use in testing and calibration of commercial weighing, measuring and counting devices.
II. The following fees shall apply to the rental of test equipment:
(a) Test weights, 500 pound and 1,000 pound, $8 each weight per day;
(b) Test weights, 50 pound and 25 pound, $4 each weight per day;
(c) Class F test weight sets, $25 each set per day;
(d) Volumetric 5 gallon field standards, $10 each field standard per day;
(e) Volumetric 10 gallon provers, $75 each prover per day; and
(f) Volumetric test truck, $150 per hour plus $1 per mile.
339-H:14 Fees for the Testing, Certification and Sealing of Commercial Devices.
I. The following fees shall be charged for the testing, certification and sealing of devices by the division’s inspectors:
(a) For precious metal and jewelry scales, $30 per scale;
(b) For scales with a capacity of 100 pounds or less, other than precious metal and jewelry scales, $20 per scale;
(c) For scales with a capacity greater than 100 pounds up to and including 2,000 pounds, $75 per scale;
(d) For scales with a capacity greater than 2,000 pounds up to and including 5,000 pounds:
(1) If the division does the testing, certifying and sealing, $200 per scale; and
(2) If a contractor does the testing and the division does the certifying and sealing, $100 per scale;
(e) For scales with a capacity greater than 5,000 pounds, up to and including 10,000 pounds:
(1) If the division does the testing, certifying and sealing, $250 per scale; and
(2) If a contractor does the testing and the division does the certifying and sealing, $100 per scale;
(f) For scales with a capacity greater than 10,000 pounds, up to and including 120,000 pounds:
(1) If the division does the testing, certifying and sealing, $400 per scale; and
(2) If a contractor does the testing and the division does the certifying and sealing, $100 per scale;
(g) For scales with a capacity greater than 120,000 pounds, up to and including 200,000 pounds:
(1) If the division does the testing, certifying and sealing $600 per scale; and
(2) If a contractor does the testing and the division does the certifying and sealing, $200 per scale;
(h) For onboard weighing systems or scales on lift trucks or forklifts:
(1) If the division does the testing, certifying and sealing, $200 per scale; and
(2) If a contractor does the testing and the division does the certifying and sealing, $100 per scale;
(i) For other onboard weighing systems or scales, for example, those on trucks for the collection of refuse or recyclable materials, $200 each;
(j) For retail motor fuel devices except for devices dispensing LP gas and natural gas:
(1) For devices dispensing up to 20 gallons per minute, $25 per meter; and
(2) For devices dispensing more than 20 gallons per minute, $75 per meter;
(k) For LP gas retail motor fuel dispensers, $48 per meter;
(l) For natural gas retail motor fuel dispensers, $48 per meter;
(m) For vehicle tank meters other than LP gas and natural gas meters:
(1) If the division does the testing, certifying and sealing, $100 per meter; and
(2) If a contractor does the testing and the division does the certifying and sealing, $50 per meter;
(n) For LP gas and natural gas vehicle tank meters:
(1) If the division does the testing, certifying and sealing, $125 per meter; and
(2) If a contractor does the testing and the division does the certifying and sealing, $50 per meter;
(o) LPG filling station meters, $75 per meter;
(p) For bulk storage meters:
(1) If the division does the testing, certifying and sealing, $150 per meter; and
(2) If a contractor does the testing and the division does the certifying and sealing, $75 per meter;
(q) Taxi meters, $25 per meter;
(r) Linear measures, $18 per device;
(s) Timing devices, $20 per device;
(t) Motor oil and fluid dispensers, $20 per device;
(u) Water meters, $20 per device;
(v) Fabric measuring devices, $20 per device;
(w) Wire and cordage measuring devices, $20 per device; and
(x) Capacity measurements, dry or liquid, $100 per unit.
II. There shall be no fee for the testing, certifying and sealing of scales used by an agricultural business, such as a farm stand or a farmers’ market, when the business uses, at a single location or at all its locations taken together, no commercial weighing or measuring devices other than 3 or fewer scales each having a capacity of no more than 100 pounds or 50 kilograms.
339-H:15 Licensing Fees for Weighmasters.
I. The fee for an initial weighmaster license shall be $96.
II. The fee for renewal of a weighmaster license shall be $96.
III. Any person who requests that the commissioner issue a duplicate public weighmaster license shall be charged a $10 fee for the duplicate.
339-H:16 Investigations.
I. The commissioner, or his or her inspectors at his or her direction, shall investigate complaints made to the division concerning violations of the provisions of this chapter and shall conduct such investigations as he or she deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
II. During the process of an investigation, the inspector shall make a report containing the following information:
(a) The time of arrival.
(b) The time of departure.
(c) The name of the person contacted at the business.
(d) If the visit lasts more than 30 minutes, an explanation of the delay.
III. A copy of the report required in paragraph II shall be given to the owner of the site of the inspection or investigation and a copy shall be kept on file at the division headquarters.
339-H:17 Inspection of Packages.
I. The commissioner or inspectors shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they are kept, offered or exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the commissioner may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the commissioner may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot.
II. No person shall:
(a) Sell, or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements; or
(b) Dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the commissioner.
339-H:18 Stop-Use, Stop-Removal Orders. The commissioner or inspectors shall issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery. No person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section.
339-H:19 Disposition of Correct and Incorrect Apparatus. The commissioner or inspectors shall approve for use and seal or mark with appropriate devices such weights and measures as he or she finds upon inspection and test to be “correct” as defined in RSA 339-H:8, and shall reject and mark or tag as “rejected” such weights and measures as he or she finds, upon inspection or test, to be “incorrect” as defined in RSA 339-H:8, but which in his or her best judgment are susceptible of satisfactory repair; provided that such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a rule of the commissioner adopted under the authority of RSA 339-H:8. The commissioner shall condemn and may seize and destroy weights and measures found to be incorrect if not corrected or disposed of as required by RSA 339-H:26.
339-H:20 Registered Service Technician.
I. A registered service technician who installs, services, repairs, reconditions, tests, or calibrates a commercial weighing or measuring device shall seal said device in a manner approved by the commissioner. This seal shall authorize the device owner to use a licensed device unless rejected pursuant to RSA 339-H:19.
II. The fee for an initial certificate of registration shall be $36 plus $12 for each device category the applicant chooses pursuant to rules.
III. The fee for a renewed certificate of registration shall be $36 plus $12 for each device category the applicant chooses.
IV. Any service technician who requests a duplicate certificate of registration shall pay $10 for the duplicate.
339-H:21 Training of Inspectors. The commissioner shall establish initial training standards as well as continuing education requirements for inspectors.
339-H:22 City Sealers of Weights and Measures; Appointment. There may be a sealer of weights and measures in each city of not less than 35,000 population, according to the latest United States census. The sealer shall be appointed by the mayor, with the consent of the city council; provided, however, that no person shall be so appointed until his or her appointment has been approved in writing by the commissioner of the department of safety and shall hold office during good behavior. The city sealer shall have the same power and duties in the city as state inspectors have throughout the state.
339-H:23 City Standards and Equipment.
I. The council of each city for which a sealer has been appointed as provided for by RSA 339-H:22 shall:
(a) Procure at the expense of the city such standards of weight and measure and such additional equipment, to be used for the enforcement of the provisions of this chapter in said city, as may be prescribed by the commissioner;
(b) Provide a suitable office for the sealer; and
(c) Provide for the necessary clerical services, supplies, and transportation, and for defraying contingent expenses incident to the official activities of the sealer in carrying out the provisions of this chapter.
II. When the standards of weight and measure required by this section to be provided by a city have been examined and approved by the commissioner, they shall be the official standards for such city.
III. It shall be the duty of the sealer to make, or to arrange to have made, at least as frequently as once a year, comparisons between his or her field standards and appropriate standards of a higher order belonging to his or her city or to the state, in order to maintain such field standards in accurate condition. Whenever the city council of a city shall neglect for 6 months to provide such standards, the city clerk of said city, on notification and request by the commissioner, shall provide the same and cause them to be tried, sealed, and deposited at the expense of the city.
339-H:24 Concurrent Jurisdiction. The commissioner shall have concurrent authority to enforce the provisions of this chapter, in cities for which sealers of weights and measures have been appointed as provided in this chapter. City sealers shall investigate and prosecute within the jurisdiction of the city, unless the investigation or prosecution in the jurisdiction over a particular case or class of cases is preempted by the state division of weights and measures, county attorney or attorney general. City sealers, upon request of the division of weights and measures, county attorney, or attorney general, may assist and conduct investigations throughout the state.
339-H:25 Duty of Owners of Incorrect Apparatus. Weights and measures that have been rejected under the authority of the commissioner shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition has been made as required by this section. The owners of such rejected weights and measures shall cause them to be made correct within 30 days or such longer period as may be authorized by the rejecting authority; or, in lieu of correction, the owners may dispose of the rejected weights and measures, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct, or until specific written permission for such use is issued by the rejecting authority.
339-H:26 Method of Sale of Commodities; General.
I. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, however, that liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count, only if such methods give accurate information as to the quantity of commodity sold. All nomenclature, procedure, and methods of sale of commodities in this state shall comply with the NIST Handbook 130 and all amendments to such handbook, unless otherwise provided in this chapter. The provisions of this section shall not apply to:
(a) Commodities when sold for immediate consumption on the premises where sold;
(b) Vegetables when sold by the head or bunch;
(c) Commodities in containers standardized by a law of this state or by federal law;
(d) Commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(e) Concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure; or
(f) Unprocessed vegetable and animal fertilizer when sold by cubic measure.
II. The commissioner may adopt rules to assure that the amounts of a commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.
339-H:27 Packages; Declarations of Quantity and Origin; Variations; Exemptions.
I. Except as otherwise provided in this chapter, 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 such definite, plain, and conspicuous declarations of:
(a) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(b) The net quantity of the contents in terms of weight, measure, or count; and
(c) In the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rules adopted by the commissioner.
II. However in connection with the declaration required under subparagraph (b) of this section, neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in a package shall be used.
III. The commissioner shall, by rule, establish:
(a) Reasonable variations of the description required by paragraph I(b) to be allowed, which may 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 customer.
339-H:28 Declarations of Unit Price on Random Packages. In addition to the declarations required by RSA 339-H:27, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
339-H:29 Misleading Packages. No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the packages; and the contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for said commodity by the commissioner.
339-H:30 Advertising Packages for Sale. Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be, closely and conspicuously associated with such statement of price, a declaration of the basic quantity of contents of the package as is required by law or rule to appear on the package; provided, however, that, where the law or rule requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit or weight or measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further, that there shall not be included as part of the declaration required under this section such qualifying terms as “when packed,” “minimum,” “not less than,” or any other terms of similar import, nor any term qualifying a unit of weight, measure or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in the package.
339-H:31 Sale by Net Weight. The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
339-H:32 Misrepresentation of Price. Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least 1/2 the height and width of the numerals representing the whole cents.
339-H:33 Grocery Stores; Prices.
I. In this section, the term “grocery store” means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, non-potentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; or food beverage vending machines.
II. Any person who offers items for sale in a grocery store shall mark clearly upon the package of each item sold in packaged form the price of such item, or shall place under the shelf containing the item a uniform shelf tag, or a larger sign indicating item price.
III. A uniform shelf tag shall include:
(a) The regular price of each individual item. The price numbers shall be at least 7/16 of an inch in height;
(b) The unit price; and
(c) The name of the item or a description of the item.
IV. The following items shall not require individual prices:
(a) Cold beverages.
(b) Snack items packaged in individual sizes and designed for immediate consumption.
V. The commissioner shall adopt rules, pursuant to RSA 541-A, regarding:
(a) The pricing of items by grocery stores under this section.
(b) The definition of snack items excepted from the requirements of this section under subparagraph IV(b).
339-H:34 Dating Prewrapped Sandwiches. It shall be unlawful for any person, otherwise subject to inspection under this chapter, to make for sale, sell, offer to sell or procure to be sold any type of prewrapped sandwich, unless each such sandwich is enclosed in a wrapper bearing an expiration date beyond which the sandwich shall not be sold. This section shall not apply to sandwiches intended or expected to be consumed within 36 hours after wrapping. The commissioner shall adopt rules under RSA 541-A relative to the form of the expiration date and any other matter necessary for the proper administration of this section.
339-H:35 Bulk Deliveries Sold in Terms of Weight and Delivered by Vehicle.
I. When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible marking equipment and, in clarity, equal to type or printing,
(a) The name and address of the vendor;
(b) The name and address of the purchaser;
(c) The net weight of the delivery expressed in pounds; and
(d) If the net weight is derived from determination of gross and tare weights, such gross and tare weights also shall be stated in terms of pounds.
II. One of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand, to the commissioner, or the inspector, or the sealer, who, if he or she desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, however, that, if the purchaser himself or herself carries away his or her purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to him or her.
339-H:36 Services and Bulk Commodities Sold, Rendered, or Delivered in Terms of Weight by Vehicle.
I. When a vehicle is used to render or deliver commodities in bulk or provide services in terms of weight units, the vendor of the bulk commodities or services shall include with the original invoice to the purchaser a duplicate copy of the weight ticket that represents the actual weighing of the services or bulk commodities; provided, however, that if the purchaser himself or herself carries away his or her purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the net weight of the commodity or service.
II. The vendor shall keep and preserve the original weight ticket with the invoice for at least 2 years. Copies of the weight tickets and invoices shall be open for inspection by any weights and measures officer of the state at all reasonable times.
339-H:37 Contents of Invoice. The vendor shall provide an invoice to each purchaser of services or bulk commodities sold, rendered, or delivered in terms of weight. The invoice shall contain, but not be limited to, the following:
I. Net weight.
II. The location where the weight or service was determined.
III. The type of service or commodity rendered.
IV. The date such service or commodity was rendered.
339-H:38 Furnace and Stove Oil.
I. All distillate heating oil sold at retail shall be sold by liquid measure or by net weight in accordance with the provisions of RSA 339-H:26.
II. In the case of each delivery of such liquid fuel not in package form and in an amount greater than 100 gallons in the case of sale by liquid measure, or 100 pounds in the case of sale by weight, there shall be rendered to the purchaser at the time of delivery a printed delivery ticket which shall clearly state the following:
(a) The name and address of the vendor;
(b) The name and address of the purchaser;
(c) The identity of the type of fuel comprising the delivery;
(d) The unit price, that is, the price per gallon or per pound, as the case may be, of the fuel delivered;
(e) In the case of sale by liquid measure, the liquid volume of the delivery shall be determined by a meter with a register printing the meter readings on a ticket from which such liquid volume shall be computed and expressed in terms of the gallon and its binary or decimal subdivisions (said ticket shall not be inserted into the register until immediately before delivery is begun, and in no case shall a ticket be in the register when the vehicle is in motion); or the liquid volume may be determined by a vehicle tank used as a measure when in full compliance with the NIST Handbook 44, as adopted by the National Conference of Weights and Measures, and calibrated by a weights and measures official. Sale by a liquid measuring device, as defined in said Handbook 44, and sale by a vapor meter are excluded from this paragraph;
(f) In the case of sales by weight, the net weight of the delivery, together with any weighing scale readings from which such net weight has been computed, expressed in terms of tons or pounds avoirdupois.
339-H:39 Collection of Fees. All fees and fines collected by a state inspector under the provisions of this chapter shall be forwarded to the commissioner of the department of safety to be forwarded by him or her to the state treasurer. All fees and fines collected by a city sealer in that city shall be for the use of that city for the purposes of this chapter.
339-H:40 Construction of Contracts. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in RSA 339-H:2 and 339-H:3, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
339-H:41 Hindering or Obstructing Officer; Penalties. Any person who shall hinder or obstruct in any way the commissioner, or any of the inspectors, or a sealer, in the performance of his or her official duties shall be guilty of a misdemeanor.
339-H:42 Impersonation of Officer; Penalties. Any person who shall impersonate in any way the commissioner, or any one of the inspectors, or a sealer, by the use of his seal or a counterfeit of his or her seal shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
339-H:43 Offenses and Penalties.
I. It shall be unlawful for any person to:
(a) Use or have in possession for the purpose of using for any commercial purpose specified in RSA 339-H:10, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.
(b) Use or have in possession for the purpose of current use for any commercial purpose specified in RSA 339-H:10, a weight or measure that does not bear a seal or mark such as is specified in RSA 339-H:19, unless such weight or measure has been exempted from testing by the provisions of RSA 339-H:10 or by a rule of the commissioner adopted under the authority of RSA 339-H:8 or unless the device has been replaced in service as provided by a rule of the commissioner adopted under the authority of RSA 339-H:8.
(c) Dispose of any rejected or condemned weight or measure in a manner contrary to law or rule.
(d) Remove from any weight or measure, contrary to law or rule, any tag, seal, or mark placed thereon by the appropriate authority.
(e) Sell, or offer or expose for sale, less than the quantity represented of any commodity, thing, or service.
(f) Take more than the quantity he represents of any commodity, thing, or service, when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.
(g) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner contrary to law or rule.
(h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer.
(i) Use commercially any device which has not been licensed in accordance with RSA 339-H:7, VI.
(j) Violate any provision of RSA 339-H or of the rules adopted under the provisions of RSA 339-H.
II. Any person who, by himself or herself or by his or her servant or agent, recklessly performs any act prohibited, other than by rule, under this chapter shall be guilty of a misdemeanor. Any individual, acting as the servant or agent of another person, who knowingly performs any act prohibited, other than by rule, under this chapter shall be guilty of a misdemeanor. A subsequent violation of this chapter perpetrated by anyone other than a natural person shall be a felony.
III. Any person who, by himself or herself or by his or her servant or agent, or as the servant or agent of another person violates any rule adopted under RSA 339-H:8 shall be guilty of a violation.
IV. In addition to any other penalty imposed under this chapter, any person who violates any provision of RSA 339-H, or any rule or order of the commissioner, may be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
339-H:44 Injunction. The commissioner is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter.
339-H:45 Presumptive Evidence. For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle.
339-H:46 Prosecutions. The commissioner shall develop a procedure for recommending the prosecution of violations of this chapter. If the prosecution of a violation is recommended, the director of the division of weights and measures shall notify the local law enforcement in the town where the violation occurred. The director shall prosecute violations in the district court where the violation occurred.
339-H:47 Record Keeping. The director of the division of weights and measures shall keep the following records on employees of the division:
I. A timesheet which shall include:
(a) Employee name.
(b) The day of the week on which the employee’s work week begins.
(c) Work start time.
(d) Hours worked each day.
(e) Total hours worked each work week.
(f) Total overtime hours worked each work week.
(g) Name of the payroll coordinator for the division.
(h) The span of time the pay period covers.
II. Accurate records of authorized leave time accumulated and used.
339-H:48 Weights and Measures Advisory Board.
I. There shall be a weights and measures advisory board consisting of 9 members. The members shall be appointed by commissioner of the department of safety, and shall include the following:
(a) Two members who are grocers.
(b) Two members who are oil dealers.
(c) Two members who are scrap dealers.
(d) Two members who are engaged in farmers’ markets
(e) One member who sells wood by the cord.
II. Board members shall serve for a term of 4 years. Board members shall not serve more than 2 consecutive terms. The board shall annually elect from among its members a chairman.
III. Board members shall serve without compensation, except that they shall receive reimbursement for their reasonable and necessary expenses in the performance of their duties. This reimbursement shall be a charge against the appropriation for the division of weights and measures.
IV. The board shall meet at least 4 times per year at a time and place to be fixed by the chairman, either upon his or her own motion or at the request of 3 or more board members.
V. The weights and measures advisory board shall regularly advise the director of the division of weights and measures on all matters relative to the operation of the division.
339-H:49 Citation. This chapter may be cited as the “Weights and Measures Act.”
2 Transfer of the Bureau of Weights and Measures to Department of Safety.
I. Notwithstanding any provision of law to the contrary, and except as provided in paragraph III, all of the functions, powers, duties, and responsibilities of the bureau of weights and measures, department of agriculture, markets and food shall be transferred to the department of safety on July 1, 2012. The transfer shall also include all of the equipment, books, papers, records, unexpended appropriations, and other available funds in any account or subdivision of an account of the department of agriculture markets and foods, bureau of weights and measures, related to the above functions and authorized for use by the bureau of weights and measures.
II. All existing rules, statutory responsibilities, regulations, and procedures in effect, in operation, or adopted in or by the former department of agriculture markets and foods, division of weights and measures are transferred to the department of safety, division of weights and measures, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.
III. The commissioner of the department of safety shall have the authority to make any interim rules he or she deems necessary relative to the transition of the bureau of weights and measures from the department of agriculture, markets and food to the department of safety.
3 Cross Reference Changed. Amend RSA 277-J:15, I(a) to read as follows:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity as provided under [RSA 438] RSA 339-H; or
4 Cross Reference Changed. Amend RSA 339-A:2, II(c) to read as follows:
(c) Any radioactive substance, if, with respect to such substance as used in a particular class of articles or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health. Provided, however, that the term “hazardous substance” shall not apply to economic poisons subject to [RSA 438] RSA 339-H, nor to products subject to RSA 153, nor to foods, drugs and cosmetics subject to RSA 146, nor to substances intended for use as fuels when stored in containers and used in the treating, cooking, or refrigeration systems of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of [RSA 438] RSA 339-H but which is a hazardous substance within the meaning of this paragraph by reason of bearing or containing such an economic poison. This term shall not include any source material, special nuclear material, or by-product material, defined in RSA 125 by the United States Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the United States Nuclear Regulatory Commission.
5 Cross Reference Changed. Amend RSA 428:16 to read as follows:
428:16 Weighing. Before any license or renewal thereof is issued under this subdivision, the applicant shall file with the commissioner of the department of safety a certificate from an inspector of weights and measures to the effect that the weights to be used in the business for buying and selling live poultry have been inspected and have been found correct or furnish the commissioner of [agriculture, markets, and food] the department of safety with a declaration to the effect that all poultry purchased by him or her will be weighed on scales properly sealed by the department of safety.
6 New Section; Division of Weights and Measures. Amend 21-P by inserting section 12-f the following new section:
21-P:12-g Division of Weights and Measures. There is established within the department a division of weights and measures under the supervision of an unclassified director of weights and measures who shall be responsible for the following functions, in accordance with applicable law:
I. Keeping the standards of weights and measures for the state.
II. Regulation, registration, and inspection of weighing and measuring devices.
III. Administration of the laws of weights and measures under RSA 339-H.
7 Repeal. RSA 438, relative to weights and measures, is repealed.
8 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2963
Revised 01/05/12
SB 311 FISCAL NOTE
AN ACT transferring authority over weights and measures to the department of safety.
FISCAL IMPACT:
The Department of Agriculture, Markets and Foods states this bill will increase state expenditures by an indeterminable amount in FY 2013 and each year thereafter, and decrease state revenue by an indeterminable amount in FY 2013. The Department of Safety states this bill will increase state, county, and local expenditures by an indeterminable amount in FY 2013 and each year thereafter. The Judicial Branch states this bill will have an indeterminable fiscal impact on state expenditures in FY 2013 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Agriculture, Markets and Foods states this bill transfers the authority over weights and measures to the Department of Safety. The Department assumes the FY 2013 budget for the division of weights and measures would be transferred to the Department of Safety. This bill does not transfer the weights and measures personnel or the metrology lab. The Department assumes the personnel funded by the division of weights and measures and not transferred to the Department of Safety will be laid off. The Department estimates payout costs for the personnel to be $180,000 of general funds in FY 2013. There are two positions, a program specialist (vacant) and a clerk position that work 100 percent and 60 percent, respectively, on weights and measures functions funded by the product and scale testing fund located in the division of regulatory services. Because these positions are not budgeted in the division of weights and measures, the Department assumes the funding for these positions would not transfer to the Department of Safety. The Department states the clerk position would be assigned to other functions and the program specialist position would remain vacant. The Department assumes there will be increased costs to the Department of Safety to hire positions to perform responsibilities of the division of weights and measures. The Department also states the Department of Safety will need to establish a metrology lab and hire a metrologist. The Department indicates there would be indeterminable costs associated with designing, constructing, preparing and occupying a lab space. Additionally, revenue would not be generated for the period from the closure of the existing lab to the opening of a new lab. The Department states the metrology lab collects approximately $70,000 in revenue annually. The removal of police powers from inspectors will necessitate the use of law enforcement for criminal cases. The Department assumes 30-40 criminal cases per year which would be handled by the state police.
The Department of Safety states the transferring of the division of weights and measures to the Department will increase expenditures by an indeterminable amount. There will be costs associated with the move, such as identifying space and moving expenses. There will also be some costs associated with administrative functions such as requisitioning, purchasing, invoicing, payroll, mailroom, and other business office duties that cannot be determined. The removing of police powers from the inspectors will necessitate law enforcement taking over cases requiring criminal investigation and prosecution. State police would handle all these cases, except in towns or cities of greater than 3,000 population where the state police have no authority. Local police and sheriffs would need to handle criminal investigations where the state police are not able. The Department would also have costs associated with forming and maintaining a metrology laboratory and a safe place to keep and store all the state standards for weighing and measuring. There will be costs associated with the advisory board of an indeterminable amount as the bill allows for members of the advisory board to receive reimbursement for their reasonable and necessary expenses in performance of their duty. Finally, the Department states the bill establishes an unclassified director position that will result in an indeterminable increase in costs. The Department states it has no information to determine the qualifications, or salary for this position.
The Judicial Branch states this bill contains the same provisions in RSA 438, which is repealed by this bill. Though this bill has the same penalties as RSA 438, the Branch is not able to determine the fiscal impact as it cannot predict if the Department of Safety will enforce weights and measures laws more aggressively, less aggressively or identical to the Department of Agriculture, Markets and Food.