Agr 1400

CHAPTER Agr 1400 WEIGHTS AND MEASURES

REVISION NOTE #1:

Document #7462, effective 3-21-01, made extensive changes to the wording, format, and numbering of Agr 1400. Document #7462 replaced all prior filings for the sections in Agr 1400. The prior filings for former Agr 1400 include the following documents:

#1762, eff 7-1-81	#5042, eff 1-10-91, EXPIRED 1-10-97
#2042, eff 6-3-82	#5470, eff 9-18-92
#2389, eff 7-1-83	#5471, eff 9-18-92
#2684, eff 4-20-84	#6248, eff 5-21-96
#2856, eff 9-24-84	#6613, eff 10-24-97
#4796, eff 4-20-90	#6747, eff 5-19-98

REVISION NOTE #2:

Document #12424, effective 12-1-17, adopted, readopted, and readopted with amendments rules in Chapter Agr 1400 on weights and measures. Document #12424 supersedes all prior filings for rules in the former Chapter Agr 1400.

Document # 12424 made extensive changes to the numbering of rules in Part Agr 1405 on service technician duties and Part Agr 1410 on New Hampshire Weights and Measures Fees, due to the adoption of Agr 1405.01 and Agr 1405.33 and repeal of Agr 1405.24 and Agr 1405.25 in Part Agr 1405 and the repeal of Agr 1410.01 in Part Agr 1410.

The filings after Document #7462, effective 3-21-01, which affected the former Part Agr 1405 include the following documents:

#7821, eff 2-8-03

#9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

#9639, eff 1-20-10

#10009, INTERIM, eff 10-8-11, EXPIRED: 4-5-12

#10168, eff 8-3-12

The filings after Document # 7462 which affected the former Part Agr 1410 include the following documents:

#7955, eff 9-19-03

#9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

#9639, eff 1-20-10

#10199, INTERIM, eff 10-11-12

#10305, eff 3-27-13

CHAPTER Agr 1400 WEIGHTS AND MEASURES

PART Agr 1401 WEIGHTS AND MEASURES DEFINITIONS

Agr 1401.01 Definitions. In Agr 1400 the following terms shall have the following meanings:

(a) “Accredited laboratory” means any metrology laboratory recognized by the National Institute of Standards and Technology (NIST) State Laboratory Program or accredited by an internationally recognized accrediting body that is in conformance with the standards of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) including ISO/IEC 17025 and ISO/IEC 17011;

(b) “As found” means the condition and accuracy of the device when first inspected or tested;

(d) “Certification” means that a device has been inspected and tested, is legal for use and has been left in proper working condition. Certification is indicated by a colored certification stamp displaying the year and month the device was inspected and is placed conspicuously on the device by a registered New Hampshire service technician or division official;

(e) “Certification stamp” means the state sticker applied to a device by a registered New Hampshire service technician or division official used to show that inspection and testing have proven a device correct. The term includes certification seal;

(f) “Commercial use” means “commercial use” as defined in RSA 438:1, XII, namely, “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”;

(g) “Commissioner” means the commissioner of the New Hampshire department of agriculture, markets and food or the commissioner's designee;

(h) “Correct” means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(i) “Department” means the New Hampshire department of agriculture, markets, and food;

(j) “Division” means the division of weights and measures in the New Hampshire department of agriculture, markets and food;

(k) “Factory scale” means a scale used in the manufacture of a company's products;

(l) “Inspect” means to determine that a device meets specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(m) “National Institute of Standards and Technology (NIST)” means a non-regulatory federal agency within the Department of Commerce with a mission to promote United States innovation and industrial competitiveness by advancing measurement science, standards and technology;

(n) “National Voluntary Laboratory Accreditation Program (NVLAP)” means the arm of the NIST which regularly assesses the processes and standards used by the New Hampshire metrology laboratory for the purpose of accreditation pursuant to ISO/IEC 17025;

(o) “New Hampshire metrology laboratory” means the facility where the New Hampshire weights and measures standards are located;

(p) “Person” means ‘person’ as defined in RSA 438:1, I, namely, “individuals, partnerships, corporations, companies, societies, and associations;”

(q) “Pre-pack scale” means a scale specially designed for putting up packages of random weights in advance of sale;

(r) “Prover” means a cylindrical metal container designed to contain an exact amount of a liquid;

(s) “Registered service technician” means an individual who holds a valid certificate of registration from the department who, for hire, installs, services, repairs, reconditions, tests, seals, or calibrates a commercial weighing or measuring device;

(t) “Tare weight” means the weight of packaging materials, containers, vehicles or any other materials or items which are deducted from the gross weight to determine the net weight of a commodity; and

(u) “Test" means to review a device to determine whether it appears to function as required.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1402 PUBLIC WEIGHMASTERS

Agr 1402.01 Purpose. The purpose of Agr 1402 is to describe the procedures for individuals seeking to apply for a weighmaster license including the procedure for the initial application, examination requirements and the process for weighmaster license renewal.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1402.02 Licensure Requirement.

(a) Any person who, for hire or otherwise, uses a vehicle scale to weigh or measure any commodity or thing, or issues a statement or memorandum of weight or measure based on results obtained by using a vehicle scale in a commercial transaction, shall be licensed as a public weighmaster.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.01)

Agr 1402.03 Eligibility for Initial Public Weighmaster Licensure. Initial public weighmaster licenses shall be issued only to individuals who:

(a) Are within 30 days of becoming18 years of age, or older;

(b) Are citizens or legal residents of the United States;

(d) Have passed the written public weighmaster examination administered by the division.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.02)

Agr 1402.04 Application Procedures for Initial Public Weighmaster Licensure.

(a) Each applicant for a public weighmaster license shall submit to the division:

(1) A completed form “Weighmaster Application Form” described in Agr 1402.05;

(2) Payment of the non-refundable license fee specified by Agr 1410.06(a) and modified in accordance with Agr 1402.07(d); and

(3) Payment of the non-refundable examination fee of $20.00.

(b) License and examination fees shall be paid:

(1) In person by:

a. Cash; or

b. Check, bank draft, or money order made payable to “Treasurer, State of New Hampshire”; or

(2) By mail by check, bank draft, or money order made payable to “Treasurer, State of New Hampshire”.

(c) Any person who pays any license or examination fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.03)

Agr 1402.05 Initial Public Weighmaster License Application Form.

(a) Any person who wishes initial licensure as a public weighmaster shall apply by completing and submitting form “Weighmaster Application Form.”

(b) Only the original of the completed form shall be submitted and copies of the completed form shall not be accepted.

(1) The date;

(2) The applicant's name, including last, first and middle;

(3) The applicant's residence address, including street, city, state, and 9-digit zip code;

(4) The applicant's mailing address, if different from the address for (3) above;

(5) The applicant's residential telephone number;

(6) The applicant's date of birth;

(7) The applicant's driver's license number and state and county of issuance;

(8) The applicant's e-mail address;

(9) If the applicant has held a public weighmaster license under another name, that other name;

(10) If the applicant has lived fewer than 5 years at the current address, the applicant's residential addresses for the past 5 years, including street, city, state, and 9-digit zip code;

(11) For the applicant's present employer:

a. The contact person;

b. The telephone number;

c. The fax number;

d. The toll-free telephone number;

e. The e-mail address, if available;

f. The name of the business;

g. The business's address, including street number, city, state, 9-digit zip code and county; and

h. The business's mailing address if different from the address for g. above;

(12) For the applicant's most recent previous employer for which the applicant held a public weighmaster license:

a. The name of the business; and

b. Its address, including street number, city, state and 9-digit zip code; and

(13) The type of weighing or measuring equipment used, including:

a. Manufacturer;

b. Model number;

c. Serial number;

d. Capacity;

e. Type of indicator;

f. Length of deck;

g. Date weighing or measuring equipment was last certified; and

h. The name of the company which certified the scale.

(d) On a separate page the applicant shall supply his or her social security number on the space provided beneath the following preprinted notice:

"The Commissioner of the Department of Agriculture, Markets and Food will deny licensure if you refuse to submit your social security number (SSN). Your license will not display your SSN. Your SSN will not be made available to the public.

The Commissioner is required to obtain your social security number for the purpose of child support enforcement in compliance with 42 USC 666(a)(13) and RSA 161-B:11. This collection of your social security number is mandatory.

(e) The applicant shall read, sign, and date “Weighmaster Application Form”, which states:

"I certify that I have in my possession a current copy of the public weighmaster rules and that I shall operate in accordance with these rules.

I certify that there are no willful misrepresentations, falsifications or material omissions in the information provided on this application.

I understand that, if an investigation discloses any willful misrepresentations, falsifications or material omissions, my application will be rejected.

I understand that, if an investigation after issuance of my public weighmaster license should disclose any willful misrepresentations, falsifications or material omissions, the license will be invalid and I will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2."

(f) Each applicant shall have in his or her possession prior to the issuance of an initial public weighmaster license his or her own personal copy of the current weights and measures rules, Agr 1400.

(g) The meaning of the signature required by (e) above shall be the applicant's:

(1) Certification that he or she possesses a copy of the public weighmaster rules;

(2) Promise that he or she will operate in accordance with them;

(3) Certification that there are no willful misrepresentations, falsifications, or material omissions in the information provided on the application form;

(4) Statement of understanding that if an investigation discloses any willful misrepresentations, falsifications or material omissions, the application will be rejected; and

(5) Statement of understanding that, if an investigation after issuance of a public weighmaster license to the applicant should disclose any willful misrepresentations, falsifications or material omissions, the license will be invalid and the applicant will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.04)

Agr 1402.06 Public Weighmaster Examination.

(a) Each applicant shall appear for a written examination scheduled by an examinations officer of the division before any license is issued.

(b) A passing score of 70 percent shall be attained before a license is issued.

(c) When an applicant fails to achieve a minimum score of 70 percent, the applicant may request to take the exam again upon payment of the re-examination fee of $20.00.

(d) Applicants who fail to achieve a test score of 70 percent shall not be retested more than once during any consecutive 7 day period.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.05)

Agr 1402.07 Duration of Public Weighmaster Licenses; Proration of Fees for Initial Licensure; Duration of Renewed Licenses; Fees for Renewal of Licensure.

(a) The duration of an initial public weighmaster license issued to an individual not working for a business employing other public weighmasters shall be calculated as follows:

(1) The beginning date shall be the first of the following dates after the applicant passes the weighmaster examination:

a. March 31;

b. June 30;

c. September 30; or

d. December 31; and

(2) The ending date shall be the anniversary of the beginning date falling in the next odd-numbered year.

(b) The duration of an initial public weighmaster license issued to an individual working for a business employing other public weighmasters shall begin and end on dates previously established for the business by the division.

(c) Initial public weighmaster licenses shall be issued for a period of not fewer than 15 months and not more than 27 months.

(d) The fee specified by Agr 1410.06(a) for an initial public weighmaster license shall be affected by the actual duration of the license as follows:

(1) Reduced by 1/24 for each month that the duration of the license is short of 24 months; and

(2) Increased by 1/24 for each month that the duration of the license exceeds 24 months.

(e) Renewed public weighmaster licenses shall have a duration of 24 months.

(f) The fee for renewal of a public weighmaster license shall be as specified by Agr 1410. 06 (b).

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.06)

Agr 1402.08 Renewal of Public Weighmaster Licenses.

(a) Applications for renewal of public weighmaster licenses shall be submitted no later than 10 days prior to the expiration of the licenses being renewed.

(b) Public weighmasters applying for renewal of their licenses shall:

(1) Follow the application procedures in (c) below; and

(2) Submit payment of the renewal fee to the division.

(1) Review the “Renewal Application –Weighmaster License Rev. 01/05” form as it is provided by the division;

(2) Correct any preprinted information which is incorrect; and

(3) Submit the form to the division after signing and dating the form in the space provided beneath the same preprinted statement as the preprinted statement described in Agr 1402.05(d).

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.07)

Agr 1402.09 Reinstatement of Expired Licenses.

(a) Licenses that have expired shall not be renewed.

(b) Individuals whose licenses have expired and who wish to be licensed again shall:

(1) Comply with the initial licensing application requirements specified in Agr 1402.04; and

(2) Retake the written public weighmaster examination.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.08)

Agr 1402.10 Grounds for Denial of Initial or Renewed Licenses. The commissioner shall deny the application of any person for the issuance or renewal of a public weighmaster license if the commissioner determines that such applicant:

(a) Has made a willful misrepresentation or falsification on the application form;

(b) Has made a material omission on the application form;

(c) Has failed to pay any charge, fee, administrative fine, or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the department or to a court arising out of proceedings brought by the division; or

(d) Has failed to comply with an order or finding by the commissioner.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.09)

Agr 1402.11 Notice of Denial. The commissioner shall send a notice of the denial of an application for an initial license or renewal of a license by certified mail to the last known address of the applicant or licensee.

Source. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.10)

Agr 1402.12 Hearings. Every applicant for, or holder of, a public weighmaster license shall be entitled to a hearing pursuant to Agr 200 if his or her application for an initial license or for license renewal is denied.

Source. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.11)

Agr 1402.13 Obligation to Notify the Commissioner of Changes.

(a) Public weighmasters who are self-employed and change the name of their businesses, or are employees of businesses that change their business names, shall notify the commissioner in writing of such changes within 10 days of the effective date.

(b) Public weighmasters who change their residential or mailing addresses shall notify the commissioner in writing of such changes within 10 days of the change.

Source. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.12)

PART Agr 1403 PUBLIC WEIGHMASTER RESPONSIBILITIES

Agr 1403.01 Definitions. In Agr 1403 the following terms shall have the following meanings:

(a) “Gross weight” means a single or total weight after combining the tare weight and the net weight;

(b) “Net weight” means the weight of a commodity excluding any materials, substances or items not considered to be part of the commodity, such as containers, conveyances, bags, wrappers, decorative accompaniments, and coupons;

(c) “Split weighing” means the weighing of a vehicle, or combination of vehicles, that is longer than the scale deck, without disconnecting the components of the vehicle and weighing each component separately to determine the gross weight, tare weight, and net weight of the vehicle or combination of vehicles; and

(d) “Weight certificate” means a document or statement which uses a unit of weight or measure, such as pounds, tons, gallons, cubic yards, or kilograms, to identify the quantity weighed or measured.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09; ss by #9639, eff 1-20-10

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.02 Licensure Requirement.

(a) Any person performing any of the functions of a public weighmaster shall have a currently valid license.

(b) A current list of licensed weighmasters shall be provided on the division’s website.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.03 Weighing, Measuring or Counting. Except as otherwise provided in these rules, public weighmasters shall view, whether personally, electronically, or by other reasonable means, the weight of the vehicle, container, pallet or commodity for which the weight, measure or count is being certified at the time of, and for the purpose of, each certification.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.04 Weight Certificates; How to Record Weights.

(a) Public weighmasters shall complete all weight certificates using black ink or black type.

(b) Digital indicators used by public weighmasters shall be equipped with electronic recording elements.

(c) Public weighmasters using digital indicators equipped with electronic recording elements that determine the gross, tare, or net weight or any combination thereof shall electronically print each weight entry on the weight certificate.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.05 Weight Certificates; Required Entries. Public weighmasters shall provide the following, as applicable to the transaction, on each weight certificate:

(a) The date on which the weight, measure, or count was determined;

(b) The street address or location and the municipality where the weighing, measuring, or counting occurred;

(c) The complete signature of the public weighmaster who determined each weight, measure or count, whether handwritten or electronically imprinted, or the weighmaster’s license number issued by the division;

(d) The kind of commodity and any other information that might be necessary to identify the commodity or distinguish it from a similar commodity;

(e) The name of the owner or the owner's agent, and, if applicable, the name of the purchaser or broker;

(f) The tare weights of, and the description of, any boxes, bins, pallets, or other containers;

(g) When a vehicle or combination of vehicle and trailer is weighed for the purpose of issuing a weight certificate, the license plate number and state where the vehicle or combination is registered;

(h) The unit of weight or measure, such as pounds, tons, gallons, or kilograms, used to identify the quantity; and

(i) At least one of the following:

(1) The gross weight of the commodity and the vehicle or container, if only the gross weight was determined;

(2) The tare weight of the unladen vehicle or container, if only the tare weight was determined;

(3) The gross, tare, and net weights when a gross and tare are used in determining the net weight; or

(4) The true net weight, measure or count when no gross and tare weights are involved in determining the net quantity of the commodity.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.06 Retention of Copies of Weight Certificates.

(a) Each public weighmaster shall keep and preserve for a period of 2 years all copies of voided certificates and a true legible copy of each weight certificate issued.

(b) These records shall be available for inspection by any inspector of the division of weights and measures during normal business hours.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.07 Weight Certificate; Partial Entries.

(a) If the weight certificate provides for the entry of gross, tare, and net weights, and the public weighmaster determines only the gross weight or the tare weight or the net weight, the public weighmaster shall strike through or otherwise cancel the printed entries for the weights not determined or computed.

(b) If the weight certificate does not provide for the entry of a tare weight or net weight, and in any case in which a public weighmaster determines only a gross weight, the public weighmaster shall write across the face of the certificate, or issue a preprinted certificate stating, “no other weights have been computed”.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.08 Scrap Metal and Salvage Materials. In all cases where scrap metal and salvage materials are purchased or sold using a vehicle scale, the quantity of the scrap metal and salvage material shall be determined by a licensed public weighmaster, and a weight certificate shall be issued to the buyer or seller.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.09 Requirement That Entire Vehicle Rest On Scale’s Platform.

(a) Public weighmasters shall not weigh a vehicle or combination of vehicles for certification unless the entire vehicle or connected combination of connected vehicles is resting entirely on the scale platform.

(b) When weighing a combination of vehicles that will not rest entirely on the scale platform at one time, the combination shall be disconnected and the parts weighed separately. The weights determined by this procedure shall be combined for the purpose of issuing a single certificate.

(c) Public weighmasters shall not do split weighing except in the determination of axle and road weights for road weight limit purposes.

(d) The requirement that the entire vehicle rest on the scale platform shall not apply to the weighing of motor vehicles required by RSA 266:17.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.10 Change of Net Contents After Recordation of Weight. When the weight or measure of a vehicle, container, or pallet and its net contents have been recorded on a weighmaster certificate, a public weighmaster shall not remove a part of, or add to, the net contents before the contents are delivered to the purchaser or broker, unless the public weighmaster:

(a) Writes across the face of the original certificate the word “INCORRECT”;

(b) Issues a corrected certificate to all parties who were issued the original certificate; and

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.11 Correction of Weight, Measure or Count Certificates. If, after a certificate has been issued, an error is discovered on the certificate regarding the weight, measure, or count, the public weighmaster who issued the certificate shall make the following corrections:

(a) Write across the face of the original certificate the word "INCORRECT";

(b) Issue a corrected certificate to all parties who were issued the original certificate; and

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.12 Alteration of Tare Weight of Vehicle Prior to Determining Net Weight of Commodity. When the tare weight of a vehicle or the weight of the vehicle and its contents have been recorded on a weight certificate, no person shall alter the tare weight of the vehicle prior to the time that the net weight of the commodity has been determined and recorded on the certificate.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.13 Adjustments to Load; Commodity Weights Determined at Sites Other Than the Site Where the Vehicle Was Loaded. The following information, additional to the information otherwise required, shall appear on a weight certificate issued when adjustments are made to the load and the weights are determined at a site other than the site where the vehicle was loaded:

(a) The gross weight of the commodity and the vehicle at the time of the initial weighing;

(b) The gross weight of the commodity and the vehicle after the adjustment; and

(c) The name and address of the owner or the owner's agent and the name of either the purchaser or broker of the commodity.

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.14 Predetermined Tares Prohibited. Public weighmasters shall not determine or establish a standard or average tare weight for a vehicle, container, or pallet for any purpose, or use a predetermined tare weight in any weighing.

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.14) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.15 Weight Verification. Pursuant to the commissioner's authority in RSA 438:7, any person ordered by a division inspector to proceed to a specified scale for the verification of the weight of vehicles or commodities shall comply.

Source. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.17) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1403.16 Prohibitions. A licensed public weighmaster shall not:

(a) Work as a public weighmaster without being currently licensed with the division;

(b) Transfer the public weighmaster license to any other person, or permit another person to use it;

(c) Manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated public weighmaster license that could be mistaken for a valid license;

(d) Pre-sign weight certificates for future use;

(e) Make changes or alterations on weight certificates when an error has been discovered;

(f) Make a handwritten weight entry on a weight certificate if the scale is equipped with a printer that is functioning correctly;

(g) Make an entry on a weight certificate that was issued by any other person;

(h) Enter on a weight certificate values or other data that have not been personally determined, whether by use of the public weighmaster's physical senses or electronically captured;

(i) In a direct sale, use a scale equipped with a primary indicating element when the indications are so positioned they cannot be accurately read from some reasonable customer position;

(j) Use a weighing or measuring device that is not currently licensed and certified as required by Agr 1407;

(k) Issue a weight certificate when the weight of the item being weighed exceeds the rated weight capacity of the scale;

(l) Use a scale to weigh a load when the gross weight or net weight exceeds the rated capacity of the scale;

(m) Issue a weight certificate for the gross weight, net weight, or tare weight of a vehicle which exceeds the gross weight limits set forth in RSA 266:18;

(n) Use a vehicle scale to weigh net loads smaller than an amount equal to 50 scale divisions for all weighings except for weighings of solid waste as that term is defined in RSA 149-M:4, XXII;

(o) Falsify a weight certificate;

(p) Issue upon request of any person a false or incorrect weight certificate;

(q) Alter a weight certificate by adding the gross or tare or net weight, or add any combination of gross or net or tare weight, to the weight certificate which was not recorded at the time of weighing or measuring;

(r) Alter a weight certificate by deleting the gross or tare or net weight or any combination of gross or net or tare weight which was recorded on the weight certificate;

(s) Possess an incomplete or unused weight certificate that contains the electronically imprinted signature of another public weighmaster, unless engaged in the business of printing, distributing, or selling public weighmaster certificate forms;

(t) Possess an unused weight certificate unless licensed as a public weighmaster or engaged in the business of printing, distributing, or selling weighmaster certificate forms;

(u) Possess an incomplete or partially completed weight certificate signed by a public weighmaster;

(v) Complete, partially complete or issue a weight certificate with an electronically imprinted signature of another public weighmaster; or

(w) Complete, partially complete or issue a weight certificate with a hand printed signature of another public weighmaster.

Source. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.18) (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1404 REGISTRATION OF SERVICE TECHNICIANS

Agr 1404.01 Purpose. The purpose of Agr 1404 is to describe the procedures for individuals seeking to apply for a service technician license including the procedure for the initial application, exam requirements, and equipment certification. The rules also describe the process for service technician license renewal.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.02 Definitions. In Agr 1404 the following terms shall have the following meanings:

(a) “Correct” means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44, as modified by administrative rule of the commissioner;

(b) “Factory scale” means a scale used in the manufacture of a company's products;

(c) “Inspect” means to determine that a device meets specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(d) “Pre-pack scale” means a scale specially designed for putting up packages of random weights in advance of sale;

(e) “Prover” means a cylindrical metal container designed to contain an exact amount of a liquid; and

(f) “Test” means to review a device to determine whether it appears to function as required.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.01) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.03 Certificates of Registration as a Service Technician.

(a) The commissioner shall issue certificates of registration as a service technician.

(b) Certificates of registration shall authorize the holder to install, service, repair, recondition, test and calibrate commercial weighing and measuring devices in any of the device categories listed in (c) below.

(1) Category A, scales with a capacity of 30 pounds or less;

(2) Category B, scales with a capacity greater than 30 pounds up to and including 300 pounds;

(3) Category C, scales with a capacity greater than 300 pounds up to and including 3,000 pounds;

(4) Category D, scales with a capacity greater than 3,000 pounds up to and including 20,000 pounds, except vehicle scales;

(5) Category E, scales with a capacity greater than 20,000 pounds, except vehicle scales;

(6) Category F, vehicle scales;

(7) Category G, analytical balances;

(8) Category H, retail motor fuel dispensers, except LP gas and natural gas dispensers;

(9) Category I, LP gas retail motor fuel dispensers;

(10) Category J, natural gas retail motor fuel dispensers;

(11) Category K, vehicle tank meters, except LP gas and natural gas meters;

(12) Category L, bulk storage meters;

(13) Category M, LP gas vehicle tank meters;

(14) Category N, taxi meters;

(15) Category O, linear and cordage measure;

(16) Category P, farm bulk milk tanks;

(17) Category Q, bulk motor oil meters;

(18) Category R, lift truck on-board weighing systems, including refuse or recyclable materials collection trucks; and

(19) Category S, timing devices.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.02) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.04 Eligibility for Initial Certificates of Registration as a Service Technician. Initial service technician certificates of registration shall be issued only to individuals who:

(a) Are within 30 days of becoming18 years of age, or older;

(b) Are citizens or legal residents of the United States;

(d) Have complied with the application procedures in Agr 1404.05;

(e) Possess or have available test equipment:

(1) Adequate to test devices in the device categories for which the applicant seeks a certificate of registration; and

(2) Certified by an accredited laboratory, prior to the application; and

(f) In the case of applicants for certificates of registration choosing to work with devices in categories A, B and H listed, respectively, in Agr 1404.02(d)(1), (d)(2) and (d)(8):

(1) Have passed the written service technician examination administered by the division;

(2) Attended all sessions of a division-sponsored seminar offered as an alternative to the examination; or

(3) Passed the appropriate examination administered by the National Conference on Weights and Measures Professional Certification Program for the category the applicant has applied for.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.03) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.05 Application Procedures for Initial Certificates of Registration.

(a) Applicants for certificates of registration shall submit proof to the division for examination and calibration all testing equipment which they intend to use after their registration and which has not already been certified by an accredited laboratory. The commissioner shall not issue a certificate of registration until the testing equipment has been examined and calibrated.

(b) Applicants for certificates of registration shall submit to the commissioner:

(1) A completed “Application for Initial Certificate of Registration as a Service Technician” described in Agr 1404.06;

(2) Payment of the non-refundable license fee specified by Agr 1410.06(a) as adjusted according to Agr 1404.08(d); and

(3) If choosing to work with devices in categories A, B or H, payment of the non-refundable examination fee of $20.00 or the fee for a division-sponsored seminar offered as an alternative to the examination.

(1) In person by:

a. Cash; or

b. Check, bank draft or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft or money order made payable to "Treasurer, State of New Hampshire".

(d) Any person who pays any registration or examination fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.04) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.06 Application Form for Initial Certificate of Registration as a Service Technician.

(a) Any person who wishes to receive an initial certificate of registration as a service technician shall complete and submit to the commissioner the application form entitled “Application Form for Initial Certificate of Registration”.

(b) The applicant shall supply the following:

(1) The date;

(2) The applicant's name, including last, first and middle;

(3) The applicant's residence address, including street, city, state and 9-digit zip code;

(4) The applicant's mailing address, if different from the address in (3) above;

(5) The applicant's residential telephone number;

(6) The applicant's date of birth;

(7) The applicant's driver's license number and state and county of issuance;

(8) The applicant's e-mail address;

(9) If the applicant has held a service technician registration under another name, that other name;

(10) If the applicant has lived fewer than 5 years at the current address, the applicant's residential addresses for the past 5 years, including street, city, state and 9-digit zip code;

(11) For the applicant's present employer:

a. The contact person;

b. The telephone number;

c. The fax number;

d. The toll-free telephone number;

e. The e-mail address;

f. The name of the business;

g. The business's address, including street number, city, state, 9-digit zip code; and

h. The business's mailing address if different from the address for g. above;

(12) For the applicant's most recent previous employer for which the applicant held a certificate of service technician registration:

a. The name of the business; and

b. The business's address, including street number, city, state and 9-digit zip code;

(13) The particular device categories selected from the list in Agr 1404.03(c) for which the applicant wishes to be registered;

(14) A list of test weights to be used by the applicant after registration;

(15) A list of test measures to be used by the applicant after registration;

(16) A list of any other types of test equipment to be used by the applicant after registration;

(17) If the test equipment has already been certified, the date it was certified; and

(18) If the test equipment has already been certified, the laboratory where it was certified.

(d) On a separate page the applicant shall supply his or her social security number on the space provided beneath the following preprinted notice:

"The Commissioner of the Department of Agriculture, Markets and Food will deny registration if you refuse to submit your social security number (SSN). Your certificate of registration will not display your SSN. Your SSN will not be made available to the public.

(e) An applicant for a certificate of registration shall read, sign and date “Application Form for Initial Certificate of Registration” which states:

“I understand that the only standards to be used shall be those certified by an accredited laboratory. If the standards are certified by an accredited laboratory other than the division’s, I shall be required to submit a certificate from the other accredited laboratory before a registration certificate can be issued to me. I certify that I possess or have available the necessary standards and testing equipment to service those device categories for which I am requesting a certificate of registration.”

(f) An applicant for a certification shall read, sign, and date “Application Form for Initial Certificate of Registration” below the following preprinted statement:

“I certify that I have a current edition of NIST Handbook 44 and of NIST Handbook 112. I certify that I have a current copy of Agr 1400, the administrative rules pertaining to weights and measures. I promise that I shall operate in accordance with those rules. I certify that there are no willful misrepresentations, falsifications or material omissions in the information provided on this application. I understand that, if an investigation discloses any willful misrepresentations, falsifications or material omissions, my application will be rejected. I understand that, if after issuance of a certificate of registration to me, an investigation should disclose any willful misrepresentations, falsifications or material omissions, the certificate of registration will be invalid and I will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.”

(g) The meaning of the signature required by (e) above shall be the signer's:

(1) Statement of understanding that the only standards to be used shall be those certified by the division of weights and measures laboratory or another accredited laboratory;

(2) Statement of understanding that, if the standards are certified by another accredited laboratory, the applicant shall be required to submit a certificate from the other accredited laboratory before a registration certificate can be issued; and

(3) Certification that the applicant possesses or has available the necessary standards and testing equipment to service those device categories for which the applicant is requesting a certificate of registration.

(h) The meaning of the signature required by (f) above shall be the signer's:

(1) Certification that he or she possesses current editions of NIST Handbook 44 and NIST Handbook 112;

(2) Certification that he or she has a current copy of Agr 1400 and promise to operate in accordance with Agr 1400;

(3) Certification that there are no willful misrepresentations, falsifications or material omissions in the information provided on the application form;

(4) Statement of understanding that if an investigation discloses any willful misrepresentations, falsifications or material omissions, his or her application will be rejected; and

(5) Statement of understanding that, if an investigation after issuance of a registration certificate to the applicant should disclose any willful misrepresentations, falsifications or material omissions, the certificate of registration will be invalid and the applicant will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.05) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.07 Application for Service Technician Examination; Examination or Seminar.

(a) Each applicant choosing to work with devices in categories A, B, or H shall appear for a written examination scheduled by an examinations officer of the division before any license is issued.

(b) The division shall offer an instructional seminar as an alternative to the written service technician examination required of applicants choosing to work with devices in categories A, B or H listed in Agr 1404.02(d)(1), (d)(2) and (d)(8), respectively, whenever:

(1) The division's budget permits;

(2) Competent instructors are available; and

(3) Changes in technology make a seminar more effective than an examination in ensuring competence in those to receive certificates of registration.

(1) Notify applicants of the date, time and location of examinations and seminars; and

(2) Post examination study material on its website at http://www.agriculture.nh.gov/.

(d) Applicants taking the written service technician examination shall achieve a passing score of 70 percent before a certificate of registration is issued.

(e) When an applicant fails to achieve a minimum score of 70 percent on the written service technician examination, he or she shall have the option to:

(1) Review his or her tests prior to submitting an application to take the examination again; and

(2) Apply to take the examination again by:

a. Completing a new “Application Form for Initial Certificate of Registration”; and

b. Paying the re-examination fee of $20.

(f) Applicants shall not be tested more than once during any consecutive 7-day period.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.06) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.08 Duration of Certificates of Registration; Proration of Fees for Initial Certificates of Registration; Duration of Renewed Certificates of Registration and Fees for Renewal of Certificates of Registration.

(a) The duration of an initial certificate of registration issued to an individual not working for a business employing other registered service technicians shall be calculated as follows:

(1) The beginning date shall be the first of the following dates after the applicant submits his or her application, passes the examination or successfully completes the seminar, as applicable:

a. March 31;

b. June 30;

c. September 30; or

d. December 31; and

(2) The ending date shall be the one-year anniversary of the beginning date.

(b) The duration of an initial certificate of registration issued to an individual working for a business employing other registered service technicians shall begin and end on dates previously established for the business by the division.

(c) Initial certificates of registration shall be issued for a period of not fewer than 3 months and not more than 15 months.

(d) The fee specified by Agr 1410.05(a) for an initial certificate of registration shall be affected by the actual duration of the certificate as follows:

(1) Reduced by 1/12 for each month that the duration of the certificate is short of 12 months; and

(2) Increased by 1/12 for each month that the duration of the certificate exceeds 12 months.

(e) Renewed certificates of registration as a service technician shall have a duration of 12 months.

(f) The fee for renewal of a certificate of registration shall be as specified in Agr 1410.05(b).

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.07) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.09 Renewal of Certificates of Registration as a Service Technician.

(a) Service technicians intending to renew such a certificate shall submit proof in the form of calibration certificates from accredited laboratories showing all testing equipment, except for the equipment described in (g) below has been certified.

(b) All paperwork required for a renewal for a certificate of registration as a service technician shall be submitted no later than 30 days prior to the expiration of the certificate being renewed. This shall include the completed and signed renewal form and all calibration certifications for any and all equipment to be used by the technician seeking renewal.

(1) Submit payment of the renewal fee to the division;

(2) Follow the general application procedures in (d) below; and

(3) Comply with the requirements in (e) and (f) below if those requirements are applicable.

(d) The general application procedures shall require that applicants for renewal of a certificate of registration:

(1) Review the “Renewal Application for Service Technician License” as it is provided by the division;

(2) Correct any preprinted information which is incorrect; and

(3) Complete and submit the form to the division after signing and dating the same statement(s) they were required to sign on the application form for the initial certificate of registration.

(e) Every 6 years applicants seeking renewal of certificates of registration to work with devices in categories A, B or H listed in Agr 1404.02(d)(1), (d)(2), and (d)(8), respectively, shall:

(1) Pass the written service technician examination administered by the division; or

(2) Attend and successfully complete a division-sponsored seminar offered as an alternative to the examination.

(f) Applicants required by (e) above to pass the written service technician examination or successfully complete a division-sponsored seminar shall:

(1) Comply with the examination application procedures in Agr 1404.06; and

(2) Submit payment of the $20 examination fee to the division.

(g) The only testing equipment that is not required to be re-examined and re-calibrated annually by an accredited laboratory shall be LPG and vehicle tank meter provers, 50 gallons or larger. Such provers shall be calibrated at least every 5 years.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.08) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.10 Reinstatement of Expired Certificates of Registration. Individuals whose certificates of registration have expired and who wish to be registered again shall:

(a) Be eligible in accordance with Agr 1404.04;

(b) Comply with the application procedures set forth in Agr 1404.05; and

(1) Pay the examination fee and pass the examination again; or

(2) Take an instructional seminar if one is available.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; amd by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.09) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.11 Grounds for Denial of Certificate of Registration. The commissioner shall deny an application for an initial certificate of registration as a service technician or for renewal of such a certificate if the commissioner determines that the applicant:

(a) Has made a willful misrepresentation or falsification on the application form;

(b) Has made a material omission on the application form;

(c) Has failed to pay any charge, fee, administrative fine or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the commissioner or to a court arising out of proceedings brought by the division; or

(d) Has failed to comply with an order or finding by the commissioner.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.10) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.12 Notice of Denial. The commissioner shall send a notice of the denial of an application for an initial certificate of registration or renewal of a certificate of registration by certified mail to the last known address of the applicant or certificate holder.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.11) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.13 Hearings. Every applicant for, or holder of, a certificate of registration as a service technician shall be entitled to a hearing pursuant to Agr 200 if his or her application for an initial or renewed certificate of registration is denied.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.12) (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1404.14 Obligation to Notify the Commissioner of Changes. Service technicians shall notify the division in writing within 10 days of the date of change when:

(a) They are self-employed and change the names of their businesses;

(b) They are employees of businesses that change their business names; or

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.13) (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1405 SERVICE TECHNICIAN DUTIES

Agr 1405.01 Purpose. The purpose of Agr 1405 is to describe the requirements and duties of licensed service technicians including but not limited to maintaining a valid license, privileges, reporting duties, and test equipment requirements.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.02 Definitions. In Agr 1405 the following terms shall have the following meanings:

(a) "As found" means the condition and accuracy of the device when first inspected or tested;

(b) "As sealed" means the condition and accuracy of the device when sealed;

(c) “Basic tolerances” means those tolerances on under registration and on overregistration, or in excess and in deficiency, that are established by a particular code for a particular device under normal tests, whether maintenance or acceptance. Basic tolerances include minimum tolerance value when these are specified. Special tolerances, identified as such and pertaining to special tests, are not basic tolerances;

(d) "Condemned device" means any commercial device that does not, upon examination by the division of weights and measures, meet the requirements of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices" and that cannot be repaired;

(e) "Correct" means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(f) “Device license” means the proof of licensure that a business receives which indicates commercially used devices are in compliance with Agr 1407.

(g) "Field standard" means an artifact which has been successfully matched to a state standard described in RSA 438:4 and is used to calibrate a weight or measure;

(h) "National Voluntary Laboratory Accreditation Program (NVLAP)" means the arm of the National Institute of Standards and Technology which regularly assesses the processes and standards used by the New Hampshire metrology laboratory for the purpose of accreditation pursuant to ISO/IEC 17025;

(i) "Placed in service/inspection report form" means a form submitted to the division by a registered service technician reporting that the service technician has installed, repaired or inspected a licensed device or accomplished any combination of those activities, and that the device is correct as the term is defined in (e) above;

(j) "Security seal" means a uniquely identifiable physical seal, such as a lead-and-wire seal or other type of locking seal, pressure-sensitive and sufficiently permanent to reveal its removal, or any similar apparatus attached to a weighing or measuring device for protection against, or indication of, access to adjustment;

(k) "Substitution test" means a scale testing process used to quantify the weight of material or objects for use as a known test load; and

(l) “Tolerance” means a value fixing the limit of allowable error or departure from true performance or value.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.03 Possession of Certificate of Registration.

(a) No person shall service any device licensed by the commissioner unless that person holds a valid certificate of registration as a service technician with the division.

(b) A list of service technicians with valid licensees shall be published on the division website and updated periodically.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.04 Test Equipment.

(a) Service technicians shall possess or have available test equipment to adequately test devices in the device categories for which they hold a certificate of registration.

(b) Pursuant to RSA 438:8, IV, service technicians shall use in their work only testing equipment and field standards which meet the specifications in:

(1) The NIST Handbook 105 series;

(2) Supplements to the Handbook 105 series;

(3) Publications by NIST revising or superseding the Handbook 105 series; and

(4) NIST Handbook 44 and its revisions.

(c) Service technicians shall ensure that field standards and testing equipment that have evidence of excessive wear, or that are or might have been damaged, are examined and calibrated as needed to correct them.

(d) Service technicians shall possess, and consult when necessary in the course of their work, a current copy of NIST Handbook 44 and NIST Handbook 112, whether in book or electronic form.

(e) When requested, service technicians shall provide their customers a written estimate containing:

(1) An itemization of the service or repair work to be performed;

(2) An estimated price for labor, parts, and all other charges related to the service or repair work to be performed, including, but not limited to, a mileage charge and hourly rate; and

(3) An estimated completion date.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.05 Privileges of Service Technicians. Service technicians may:

(a) Remove, in conjunction with repairing, rebuilding, or reconditioning devices, official security seals or rejection tags or marks placed on the devices by the division;

(b) Place devices into commercial service if they meet the requirements of NIST Handbook 44, unless ordered not to do so by the division;

(1) In accordance with NIST Handbook 44, the instructions of the device manufacturer and any instructions marked on the devices; and

(2) In fixed locations so that their operation and performance will not be adversely affected by any characteristics of the foundation, supports or other aspect of their installation;

(d) Adjust devices by making all adjustments and calibrations to devices as closely as practicable to zero error; and

(e) Remove and appropriately affix security seals to any adjustment mechanisms designed to be sealed, unless ordered otherwise by the division.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.06 Reporting Duties of Service Technicians.

(a) Service technicians shall complete and submit to the division a “Placed in Service/Inspection Report Form” whenever they install, repair, adjust, rebuild, service, recondition, test, calibrate, or certify a weighing, measuring, or counting device in commercial use, as further set forth in Agr 1405.07.

(b) Service technicians who test and calibrate a commercial device for the renewal of a device license, or for the removal or replacement of a security seal, shall complete and submit to the division a “Placed in Service/Inspection Report Form”, as further set forth in Agr 1405.07.

(c) Service technicians shall notify the division of any weighing, measuring or counting devices used commercially which they find fail to meet the division's requirements by:

(1) Completing and submitting to the division a “Placed in Service/Inspection Report Form”; and

(2) Stating in the "remarks" section of the form the details of the device's non-compliance.

(d) Service technicians shall notify the division as described in Agr 1405.08(b) when they dispose of condemned devices.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.07 Placed in Service/Inspection Report Forms.

(a) The division shall furnish each registered service technician with a supply of paper report forms known as "Placed in Service/Inspection Report Forms". These forms shall be available only to registered service technicians.

(b) Service technicians shall use only the following “Placed in Service/Inspection Report Forms”:

(1) Paper forms supplied by the division;

(2) Forms electronically scanned by the service technicians from forms supplied by the division and confirmed upon their receipt by the division to be accurate replicas of such forms; and

(3) As available, forms:

a. E-mailed to service technicians by the division;

b. Printed by service technicians from electronic discs supplied by the division; or

c. Downloaded by service technicians from the division’s website.

(d) Each placed in service/report form shall:

(1) Be executed in triplicate; and

(2) Be completed and signed by the registered service technician.

(e) Whether the placed in service/inspection report form was provided on paper by the division or created as described in (b) above, distribution of the completed form shall be as follows:

(1) If the service technician removes an inspector's rejection tag from the device, the original of the form together with the rejection tag shall be mailed to the division within 5 days of the date of service;

(2) If the service technician did not remove an inspector's rejection tag from the device, the original of the form shall be mailed, or scanned and e-mailed, to the division within 5 days of the date of service;

(3) The first copy of the form shall be delivered to the device's owner or operator at the time the device is placed into service or mailed to the device's owner or operator within 5 days of the date of service; and

(4) The second copy shall be retained by the service technician.

(f) Service technicians shall:

(1) Retain their copies of completed placed in service/inspection report forms for at least one year; and

(2) Make them available to division inspectors during normal business hours.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.08 Disposition of Condemned Devices. Service technicians shall have the following duties whenever they accept or receive weighing or measuring devices which have been condemned by a division inspector:

(a) They shall remove the "condemned" tag from the device and return the tag to the division within 10 days after accepting or receiving the condemned device; and

(b) They shall prepare and submit to the division a written statement describing the device, the manner in which the device was disposed of and the name and address of the device owner or user.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.09 Use of Security Seals.

(a) Service technicians shall affix a security seal to any adjustment mechanism:

(1) At the time the device is being placed into commercial use for the first time;

(2) When returning a device to commercial use after servicing, repairing or reconditioning it;

(3) When a device is being tested for renewal of an owner's device license; and

(4) When the seal has to be broken before an adjustment can be made.

(b) A wire security seal shall be used when a device is equipped with means for applying a wire security seal.

(c) When a device is not equipped with means for applying a wire security seal and another type of security seal must be used, the seal shall be a tamper proof seal sufficiently permanent to show its removal.

(d) When a service technician crimps the lead or polypropylene portion of a security seal with the seal press, the lead or polypropylene portion of the seal shall show the serviceman's seal number.

(e) The service technician may inscribe any letters or numbers onto the other side of the die press except that the letters “NH”, “NHDA”, “NHDAMF”, and “WM” shall be reserved for the sole use by the division of weights and measures.

(f) A pressure-sensitive paper seal shall show the following:

(1) The name and address of the service agency that employs the service technician, if any;

(2) The signature of the service technician and certificate of registration number; and

(3) The date the device was tested and the seal affixed.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.10 Identification of Devices at Time of Certification. When weighing or measuring devices are tested or calibrated and the devices lack a manufacturer's serial number, service technicians shall request division-issued serial numbers and affix them to the devices.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.11 Minimum Test Weights and Test Loads for In-Service Scales. The minimum test weights and test loads for in-service scales shall be as stated in NIST Handbook 44.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.12 Minimum Test; Scales. When a new scale is installed, the scale shall be tested as follows:

(a) Scales shall be tested with certified test weights in accordance with the appropriate sections of the following documents:

(1) NIST Handbook 44 "Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices"; and

(2) NIST Handbook 112 "Examination Procedure Outlines for Commercial Weighing and Measuring Devices," 2002 edition as amended.

(b) When conducting a substitution test on a weighing device, service technicians shall:

(1) Apply known test weight(s) to the load-receiving element as outlined in NIST Handbook 44, NIST Handbook 112 or both;

(2) Remove the known test weight(s) and apply to the load-receiving element an unknown weight or weights not exceeding the amount of known test weight(s) first applied to the load-receiving element of the scale; and

(3) Repeat the process described in (2) above until the scale has been tested to its capacity.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.13 Minimum Test Equipment; Retail and Wholesale Liquid Measuring Devices.

(a) A prover shall meet all of the design, material and construction criteria contained in one of the following:

(1) NIST Handbook 105-3;

(2) NIST Handbook 105-4; or

(3) NIST Handbook 105-7.

(b) The size of a prover used for testing and or calibration of retail and wholesale liquid measuring devices shall be as follows:

(1) A prover with a capacity of not less than 5 gallons shall be used if the maximum discharge rate of the device is equal to or less than 19 gallons per minute; and

(2) A prover with capacity equal to or greater than the volume of the product delivered after a one minute test flow shall be used when the maximum discharge rate of a device is rated at more than 19 gallons per minute.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.14 Testing Retail and Wholesale Liquid Measuring Devices. Retail and wholesale liquid measuring devices shall be tested with test equipment certified in accordance with NIST Handbook 44 "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices".

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.15 Vehicle Scales; Form Sclgcap. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Sclgcap” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial vehicle scales.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.16 Scales and Linear Measures; Form SCLM/5-97. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form SCLM5-97” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial scales and linear measures, except vehicle scales.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.17 Retail Motor Fuel Devices; Form Rtfuel. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Rtfuel” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial motor fuel devices.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.18 Liquid Petroleum Gas Meters; Form LPG.

(a) Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form LPG” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial devices used to meter liquefied petroleum gas.

(b) Service technicians shall complete the test data section of “Placed in Service/Inspection Report Form LPG” and record the "as found" conditions and the "as sealed" conditions for both the temperature compensated tests and the uncompensated tests.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.19 Large-Volume Petroleum Measuring Devices; Form Lg.vol. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Lg.vol” when installing, servicing, repairing, reconditioning, or performing annual testing of large-volume petroleum measuring devices.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.20 Vehicle Tank Meters; Form Vehtank. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Vehtank Form” when installing, servicing, repairing, reconditioning, or performing annual testing of vehicle tank meters.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.21 Taxi Meters; Form Taxi. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Taxi” when installing, servicing, repairing, reconditioning, or performing annual testing of taxi meters.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.22 Liquid Measuring Devices; Form Liq.other. Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Liq. Form” other when installing, servicing, repairing, reconditioning, or performing annual testing of commercial devices for which there is no specifically designated placed in service/inspection report form available.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.23 Automatic Temperature Compensation for Refined Petroleum Products; Form RPP/TC-10-02.

(a) Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form RPP/TC-10-02” when installing, servicing, repairing, reconditioning or performing annual testing of devices used to deliver refined petroleum products that are equipped with automatic temperature compensators.

(b) Service technicians shall complete the test data section of Form RPP/TC-10-02, item A through P, and record the "as found" condition and the “as sealed” condition of the system.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.24 Acts Prohibited to Holders of Certificates of Registration. A service technician holding a certificate of registration shall not:

(a) Display or cause or permit to be displayed any suspended, fictitious, or altered certificate of registration;

(b) Transfer the certificate of registration to any other person or permit any other person to use it;

(d) Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated certificate of registration in such a manner that it could be mistaken for a valid certificate of registration;

(e) Place in service, repair, or certify any weighing, measuring or counting device(s) in such a way that places said device in an "incorrect" status;

(f) Use testing equipment which has not been certified by the division's laboratory or other accredited laboratory during the time interval required by these rules;

(g) Place in service a commercial weighing device that has been indefinitely ordered out-of-service by a weights and measures inspector;

(h) Impersonate a weights and measures inspector;

(i) Falsify any placed in service/inspection report;

(j) Move a certification stamp from one device to another;

(k) Affix a security seal in such a way as to make it ineffective in its purpose of securing an adjustment mechanism; or

(l) Violate RSA 438 or the administrative rules implementing it.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.25 Certification Stamp. Certification stamps shall include:

(a) A place for the registered service technician or department official to indicate:

(1) The stamp issuance date, including month and year;

(2) The registered service technician or department official’s initials; and

(3) The registered service technician’s license number or the department official’s identifying number.

(b) A background color dedicated to its year of issue;

(d) A peel-away layer to expose an adhesive with which to affix to the commercial device.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.26 Certification Stamp Request and Cost.

(a) The division shall only provide certification seals to:

(1) Registered service technicians;

(2) Servicing agencies that employ registered service technicians; or

(3) Department officials.

(b) A registered service technician, a servicing agency that employs a registered service technician, or a department official, shall apply for the certification stamps in person at 25 Capitol Street, Concord, New Hampshire, or by mail by providing the following information:

(1) The name of the applicant;

(2) Other contact information such as business name, address, and phone number;

(3) Shipping address, if different from the address in (b)(2) above;

(4) Number of stamps requested; and

(5) Payment by cash, or by money order or check made payable to the “Treasurer, State of NH.”

(1) For pick-up at the division’s Concord offices only if he or she is in possession of a government-issued photo identification and proof of employment by a servicing agency; or

(2) By mail or shipping service, to the provided shipping address.

(d) If an applicant requests mail or shipping service as specific above in (c)(2), the applicant shall pay postage or shipping costs.

(e) Payment for certification stamps, including postage or shipping costs if applicable, shall be made by check, money order, or cash and shall be pre-paid. Checks or money orders shall be made payable to the “Treasurer, State of NH.” No debit or credit cards shall be accepted.

(f) Certification stamps shall be available in packs of 50, at the division’s actual cost of production.

(g) Certification stamps shall not be transferred or resold.

(h) Any servicing agency employing registered service technicians or self-employed registered service technician that changes ownership, reorganizes, closes, or changes its name, shall report to the division its remaining certification stamp inventory.

(i) Following a report under (h) above, the division shall re-assign the certification stamps to any successor business, if requested.

(j) Certification stamps shall be issued for the current calendar year and shall be affixed only during the calendar year for which they are issued, except that requests for the upcoming year’s certification stamps shall be accepted starting 8 weeks prior to the end of the current year.

(k) The division shall not:

(1) Prorate or discount the price of the certification stamps; or

(2) Issue reimbursements for missing, damaged, unused, expired, or destroyed certification stamps.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.27 Certification Stamp Reporting.

(a) Registered service technicians shall report the use of certification stamps to the division within 5 days of affixing the certification seal to a device on the “Placed In Service/Inspection Report Form,” as specified in Agr 1405.07.

(b) Except as specified in (e) below, registered service technicians shall report the loss or accidental destruction of any certification stamp within 5 days of its loss or accidental destruction, by notifying the division of weights & measures by certified mail.

(1) The quantity of missing, damaged, or stolen certification stamps; and

(2) The number or range of numbers that identifies the missing, damaged, or stolen certification stamps.

(d) Registered service technicians or departmental officials shall affix only current year certification stamps to commercial devices.

(e) Registered service technicians shall not transfer or sell any unused or unwanted certification stamps pursuant to Agr 1405.26(g).

(f) Registered service technicians or their employers shall destroy any unused certification stamps at the end of the calendar year.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.28 Certification Stamp Procedure.

(a) A certification stamp shall be invalid unless it complies with the procedures set forth in this rule.

(b) The commissioner shall only provide certification stamps to those specified in Agr 1405.27(a).

(1) To commercial devices placed into commercial use for the first time;

(2) To devices returned to commercial use after they have been serviced, repaired, calibrated, or reconditioned if the prior certification seal was destroyed or removed as a result of the service, repair, calibration, or reconditioning; and

(3) To commercial devices upon the request of the owner of such device.

(d) In order to properly affix the certification stamp to the commercial device, the registered service technician or department official shall:

(1) Be the person who conducted this certification process;

(2) Be the only person to handle and affix the certification stamp;

(3) Accurately complete the certification stamp, writing legibly with an indelible writing instrument and in accordance with Agr 1405.25 (a)(1)-(3);

(4) Indicate the appropriate corresponding month in which the registered service technician is certifying the device; and

(5) Affix the certification stamp to the device.

(e) Certification stamps to be affixed to the device shall not be mailed, or delivered by any other means, to the commercial device owner or operator, and shall only be affixed as set forth in (c) and (d).

(f) Any certification stamp affixed to a commercial device shall:

(1) Indicate the appropriate month and year; and

(2) Be positioned so that it is visible and unobstructed to the anticipated average consumer during the device’s commercial use, and on a portion of the device that is not customarily removable.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.29 Complaint. Any person who suspects wrongdoing under these rules may file a complaint with the department as specified in Agr 203.02.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.30 Form for Placed in Service/Inspection Report for Liquid Petroleum Gas Meters.

(a) In addition to other requirements set by rule, statute, or other law each registered service technician shall complete and submit “Placed in Service/Inspection Report Form LPG” Rev. 07/14 to the department.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form LPG” Rev. 07/14:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about the liquid petroleum gas meter:

a. Make of meter;

b. Serial number;

c. Size;

d. Minimum and maximum rated G.P.M.;

e. Make of register;

f. Register model number;

g. Register serial number;

h. Whether there is a temperature compensator;

i. Thermometer well; and

j. Vapor eliminator;

(4) The following information about the test data:

a. Type of test;

b. Flow rate;

c. Meter temperature 35 gallon;

d. Meter temperature 70 gallons;

e. Tank pressure;

f. Prover pressure;

g. Prover temperature;

h. Prover reading to nearest 0.05 gallon and

i. Meter reading;

(5) If an uncompensated run, the following:

a. Average meter temperature;

b. Temperature difference;

c. Temperature correction factor;

d. Correction for temperature difference; and

e. Temperature correction prover reading; and

(6) If either an uncompensated or compensated run, the following:

a. Correction for prover pressure reading;

b. Correction for prover temperature;

c. Corrected prover reading;

d. Meter reading; and

e. Net meter error, in cubic inches if desired.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.31 Form for Placed in Service/Inspection Report for Retail Motor Fuel Devices.

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit “Placed in Service/Inspection Report Form rtfuel 04-2004 (Rev. 07/14)” to the department.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form rtfuel 04-2004 (Rev.07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) A statement of the product key as either:

a. Regular;

b. Mid grade;

c. Premium;

d. Ultra;

e. Diesel;

f. Kerosene;

g. High speed diesel; or

h. Other product key;

(4) The following information about the retail motor fuel devices:

a. Pump number;

b. Make of meter;

c. Serial number; and

d. Product key;

(5) The following information about the test data:

a. Type of test;

b. Prover reading as found;

c. Prover reading as sealed;

d. SN number being replaced; and

e. Gallons used for test; and

(6) A statement of the business’s pumps as either:

a. Certified; or

b. Rejected.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.32 Form for Placed in Service/Inspection Report for Scales and Linear Measures.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form sclm/12-03 (Rev. 04/15)”:

(1) Name of business; and

(2) Full address, including city, state, and zip code;

a. The following information about each scale and/or linear measure at the business:

b. Whether installed;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Whether placed in service;

h. Make of scale or linear measure;

i. Model number of scale or linear measure;

j. Serial number;

k. Capacity; and

l. Location or lane number.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.33 Form for Placed in Service/Inspection Report for Precision Scales (Category G).

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit “Inspection Report Form for Precision Scales (Category G) 03-17” to the division.

(b) A registered service technician shall furnish the following on form “Scale Inspection Report Form for Precision Scales (Category G) 03-17”:

(1) Name of business;

(2) Full address, including city, state, and zip code; and

(3) The following information about each scale at the business:

a. Device information including:

1. Certificate of conformance number;

2. Make, model, and serial number;

3. Capacity;

4. Division size;

5. Security seal number;

6. Indicator number; and

7. Whether it replaces a prior device, and, if so, the device’s serial number (SN#); and

b. Inspection and testing information “as found” and “as left”, including:

1. Whether the device passes or fails;

2. Certification stamp number;

3. Scale at zero;

4. Level condition;

5. Display and weighing platter visible to the customer;

6. Scale protected from environmental factors;

7. Sufficient scale support;

8. Digital indications working properly;

9. Buttons and computations working properly;

10. Tested at location of scale use;

11. Shift test results; and

12. Load test results.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.34 Form for Placed in Service/Inspection Report for Large Volume Petroleum Measuring Devices.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form lg.vol 04-2005 (Rev. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each large volume petroleum measuring device at the business:

a. Whether installed;

b. Whether certified;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Make of meter;

h. Serial number of meter;

i. Product used to test meter;

j. Make of register; and

k. Serial number of register;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If the run is an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.35 Placed in Service/Inspection Report for Vehicle Tank Meters.

(b) A registered service technician shall furnish the following on form “VEHTANK 04-2005 (REV.07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each vehicle tank meter at the business:

a. Whether installed;

b. Whether certified;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Equipment number;

h. Make of meter;

i. Serial number of meter;

j. Size;

k. Product used to test meter;

l. Make of register; and

m. Serial number of register;

(4) If the following installation complies with NIST Handbook 44:

a. Air eliminator and hose;

b. Zero reset;

c. Adjustments found sealed;

d. Antidrain valve;

e. Printer; and

f. Data plate visible; and

(5) The following information about each performance data as found and as sealed:

a. Type of test;

b. Gallons per minute;

c. Meter indication;

d. Prover reading; and

e. Meter error.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.36 Placed in Service/Inspection Report for Vehicle Scales.

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit form “Placed in Service/Inspection Report Form Vehicle Sales SCLGCAP REV. 8/10” to the department.

(b) A registered service technician shall furnish the following on form “Placed in Service/Inspection Report Form Vehicle Sales SCLGCAP REV. 01/07”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each vehicle tank meter at the business:

a. Whether installed;

b. Whether certified and stamp number;

c. Whether repaired;

d. Whether tested and calibrated;

e. Whether rejected;

f. Make of scale;

g. Scale capacity;

h. Serial number of scale;

i. Make of beam or dial;

j. Minimum grad;

k. Make of indicator;

l. Platform size;

m. Type of levers; and

n. Balance condition on arrival;

(4) Section test as found;

(5) Section test as sealed;

(6) The following information about the load test results:

a. Sensitivity requirement (“SR”) at zero;

b. SR at maximum test load; and

c. Scale indication;

(7) The following information about each performance data as found and as sealed:

a. Test load;

b. Scale indication; and

c. Error; and

(8) The following information about the strain-load test from left to right and right to left:

a. Indicate weight of empty truck;

b. Amount of test weights added;

c. Scale indication; and

d. Error on test weighs only.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.37 Form for Placed in Service/Inspection Report for Refined Petroleum Products.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form RPP/TC-10-02 (Rev. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each refined petroleum products device at the business:

a. Whether installed;

b. Whether repaired;

c. Whether tested and calibrated for device license;

d. Make of meter;

e. Serial number of meter;

f. Model number of meter;

g. Size;

h. Make of register;

i. Minimum and maximum marked discharge rates;

j. Meter location;

k. Product;

l. Identify all accessories;

m. Start and finishing totalizer readings; and

n. Tolerance applied;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1405.38 Form for Placed in Service/Inspection Report for Taxi Meters.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form TAXI 08-2007 (REV. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each taxi meter:

a. Whether installed;

b. Whether certified and the stamp number;

c. Whether tested and calibrated for device license;

d. Whether rejected;

e. Whether repaired;

f. Equipment number;

g. Vehicle identification number;

h. Registered plate number;

i. Tire size;

j. Make of meter;

k. Serial number of meter;

l. Model number of meter;

m. Drop money;

n. Plus money;

o. Odometer reading-ending;

p. Odometer reading-beginning;

q. Total miles; and

r. Total money value;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

PART Agr 1406 SALE OF COMMODITIES

Agr 1406.01 Definitions. In Agr 1406 the following terms shall have the following meanings:

(a) “Cold beverage” means prepackaged liquid items, including ice cream products, artificially cooled to temperatures of less than 40 degrees F or 4.4 degrees C, whether sold individually or in clusters of more than one;

(b) “Grocery store” means any establishment which meets the definition of "grocery store" in RSA 438:26-a, I;

(c) “Ice cream novelties” means ice cream bars, ice pops, ice cream sandwiches, ice cream cones and other similar ice cream products;

(d) “Propane” means a mixture of normally gaseous hydrocarbons, predominantly propane or butane or both, that has been liquefied by compression or cooling or both to facilitate storage, transport and handling; and

(e) “Snack item” means any prepackaged food item weighing 4 ounces or 113 grams or less and any prepackaged beverage item 2 liters or less in volume and designed for immediate consumption.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.02 Location of Weighing and Measuring Devices.

(a) A retail point-of-sale device shall not be placed in a location where objects or the movements of retail staff can interfere with customers' observation of the weighing or measuring operations or the indicators displaying weights or measures.

(b) Placement of a point-of-sale device in violation of (a) above shall be considered a violation of RSA 438:40, I (h).

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.03 Misrepresentation of Quantity. No person shall represent the quantity of a commodity displayed or offered for sale in a manner calculated or tending to mislead or deceive another person.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; amd by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.04 Posting of Prices by Grocery Stores.

(a) Grocery stores shall post the prices of their commodities in accordance with RSA 438:26-a, II and III.

(b) Snack items and cold beverages may be priced individually or priced using a shelf tag in accordance with RSA 438:26-a, II and III.

(c) Displays of snack items and cold beverages containing more than one item of a similar commodity, such as candy bars or ice cream novelties, may be priced using a placard or shelf tag which is adjacent to the display and which lists the price of each or all of the items in the particular display.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.05 Labeling of Packages of Commodities; Variations in Weight, Measure or Count; Small Packages.

(a) Pursuant to RSA 438:21 packages of commodities introduced into intrastate commerce, or offered for sale or sold in intrastate commerce, shall be plainly and conspicuously labeled to show:

(1) The identity of the commodity, unless that can be plainly seen through the wrapper or container;

(2) The net contents stated in terms of:

a. Weight;

b. Measure; or

c. Count in accordance with Agr 1406.06; and

(3) If the commodity is offered for sale or sold in a place other than on the premises where it was packed:

a. The name and place of business of the manufacturer or grower; and

b. The name and place of business of the packer, if the packer is different from the manufacturer or grower.

(b) The weight, measure or count of commodities introduced into intrastate commerce, or offered for sale or sold in intrastate commerce, shall be as stated on the labeling required by (a)(2) above, except that:

(1) Reasonable variation in accordance with NIST Handbook 133 shall be permitted; and

(2) Small packages shall comply with NIST Handbook 130.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.06 Labeling of Packages of Consumer Commodities Sold by Count. When a packaged consumer commodity is measured in terms of count only, or in terms of count and some other appropriate unit, weight, or measure, and the individual units are fully visible to the purchaser, the packages shall be labeled in accordance with NIST Handbook 130, Uniform Laws and Regulations, IV Uniform Regulations, A, Uniform Packaging and Labeling Regulation, provided that:

(a) The labeling on packages confined to intrastate commerce and containing 6 or fewer items shall not be required to include a statement of count; and

(b) The labeling on packages that might enter interstate commerce shall include a statement of count unless the count is one.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.07 Price Advertising of Bulk Commodities. Whenever a bulk commodity is advertised in any manner and the price of the commodity is stated in the advertisement:

(a) There shall be closely and conspicuously associated with the statement of price a declaration of the basic unit in terms of weight, measure, or count; and

(b) Such declaration of the basic unit of weight, measure, or count shall not include any qualifying term, such as “jumbo”, “giant” or “full” that tends to exaggerate the amount of the commodity.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.08 Pricing of Bulk Food Commodities; Price Posting and Display; Advertising; Bulk Food Containers; Customer Receipts.

(a) The price of food commodities sold from bulk shall be computed in terms of the price of whole units such as kilograms, pounds, ounces, gallons, and liters, and not in terms of fractions or decimals of units.

(b) The price of food commodities sold from bulk shall be posted, displayed, and advertised in terms of the price of whole units such as those listed in (a) above.

(c) When the price of food commodities is posted, displayed or advertised in terms of the price of a whole unit in accordance with (b) above, supplemental posting, display, or advertising of the price in terms of a fraction or a decimal of the unit shall be permitted if:

(1) Such posting, display or advertising is in print no larger than that used to post, display or advertise the whole-unit price; and

(2) The mathematical conversion of the price per decimal or fraction of the unit to the price in terms of the whole unit computes to the whole-unit price to the nearest cent.

(d) If a retailer elects to provide a container for a food commodity sold from bulk:

(1) The weight of the container shall not be included when the commodity is weighed for the purpose of computing the cost to the customer; and

(2) The retailer may make a separate charge for the container if such separate charge is conspicuously posted, displayed, and advertised in association with the whole-unit price of the commodity.

(e) If a retailer computes the net weight of a food commodity through a computer, cash register, or other electronic device, the customer shall receive a receipt that includes the net weight, price per unit and total price.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.09 Sale of Ice.

(a) Ice shall be sold only by weight.

(b) Except in the case of ice dispensed by a vending machine, each package of ice kept, offered for sale, or sold in any place other than on the premises where the ice was packed, shall show:

(1) The net weight; and

(2) The name and place of business of the manufacturer, packer or distributor.

(c) In the case of ice dispensed by a vending machine, the net weight of the package of ice dispensed and the name and place of business of the manufacturer, packer or distributor shall be posted clearly and conspicuously near the coin slot on the front panel of the vending machine.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.10 Bread to be Sold by Weight; Posting of Weight and Price.

(a) Bread kept, offered, or exposed for sale, whether or not packaged or sliced, shall be sold by weight.

(b) If the bread is in a display or cabinet:

(1) The posting of its weight shall be closely and conspicuously associated with the posting of the price; and

(2) Both postings shall be in a size and location such that they can be read by a customer standing in a reasonable location.

(c) If the bread is wrapped, the price and weight may be displayed on the wrapper so long as customers have access to the wrapped bread.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.11 Bulk Candy.

(a) Candy sold from bulk, such as lollipops and individually wrapped candies, shall be sold by net weight.

(b) The weight of the sticks and other materials used to convey the candy shall not be included in the net weight.

(c) If the candy is pre-packed in containers or wrappers bearing a declaration of weight, measure or count, it shall not be sold from bulk.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.12 Propane Sold at Retail Filling Stations to be Sold by Weight or Measure.

(a) Propane sold at retail filling stations, in 20 pound tanks or less, may be sold by weight, by liquid measure through a meter, or by fill.

(b) If sold by weight:

(1) The tare weight of the customer's container, whether or not it already contains fuel and whether or not it has hoses or other peripheral equipment attached to it, shall be negated prior to filling; and

(2) The gas shall be:

a. Offered and sold by the pound or kilogram; and

b. Advertised in accordance with Agr 1406.07.

(1) Offered and sold by the gallon or the liter; and

(2) Advertised in accordance with Agr 1406.07.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1406.13 Dry Volume Containers For Fruits and Vegetables. If a merchant offers for sale, exposes for sale, or sells fruit or vegetables by dry volume, the size of the container holding the fruit or vegetables shall:

(a) Be proportional to the quantity of fruit or vegetables being exposed, offered, or sold; and

(b) Not mislead the customer as to the quantity of the fruit or vegetables being offered for sale or sold.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1407 LICENSING OF COMMERCIAL DEVICES

Statutory Authority: RSA 438:7, VI, 438:8, I (f), 438:10-a, 438:19

Agr 1407.01 Purpose. The purpose of these rules is to describe the procedures required for businesses seeking to apply for a device license and license renewal.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.02 Licensure of Weighing, Measuring, Counting and Timing Devices Used Commercially.

(a) The following devices shall not be put into commercial use unless they have been licensed by the division:

(1) Weighing, measuring and counting devices, with the exception of pre-pack and factory scales, used to determine the weight, measure, or count of commodities sold or offered or exposed for sale;

(2) Weighing, measuring and counting devices used to compute a basic charge or payment for services rendered on the basis of weight, measure, or count; and

(3) Devices offering services paid for on the basis of time, including but not limited to, air compressors, clothes dryers, and vacuum cleaners for vehicles.

(b) Devices described in (a) above shall be inspected, tested, and certified by a division inspector or a registered New Hampshire service technician before being licensed and put into commercial use.

(1) Be inspected and tested annually; and

(2) Display a certification stamp bearing the date of the current year or the preceding year.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.03 Obtaining an Initial Device License.

(a) To obtain an initial device license, the owner of the device shall:

(1) Submit a completed application on the form described in Agr 1407.04 to the division;

(2) Submit proof, such as a placed-in-service report, to the division showing that the device has been inspected, tested, and certified; and

(3) Pay the invoice showing the applicable fee calculated by the division in accordance with RSA 438:10-a within 30 days of the date the division issues the invoice.

(b) Upon receipt of (1)- (3) above, a license shall be issued and sent to the device owner.

(1) In person by:

a. Cash; or

b. Check, bank draft or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft or money order made payable to "Treasurer, State of New Hampshire".

(d) Any person who pays the license fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

Source. #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.04 Application Form for Initial Device License.

(a) An applicant for an initial device license shall furnish the following on a form supplied by the division known as “Application Form for a Weighing and Measuring Device License”:

(1) The date of application;

(2) The opening date of the business;

(3) For the business applying for the license:

a. The name of the business;

b. The physical location of the business, including the street and number, town or city, state, and zip code;

c. The billing address, if different from the address of the location;

d. The telephone number;

e. The cell phone number, if any;

f. The fax number, if any;

g. The email address;

h. The name of the designated contact person / authorized agent; and

i. The name of the applicant;

(4) For a device to be licensed, submit a copy of the placed-in-service report which shows that a registered New Hampshire service technician inspected, tested, and certified the device that the applicant is seeking to license; and

(5) The signature of an applicant who is an individual, or the signature of a representative of an applicant which is an entity, together with the date of signing, placed below the following preprinted statement:

“I certify the following: (1) that all devices being used commercially are provided with this application; (2) that there are no willful misrepresentations or falsifications in the information provided on or with this application; (3) that I understand that if an investigation discloses any willful misrepresentations or falsifications, my application shall be rejected; (4) that if, after issuance of my device license, should an investigation disclose any willful misrepresentations or falsifications, my license may be revoked or suspended and I may be subject to penalties under RSA 438:40.”

(b) The meaning of the signature required by (a) (5) above shall be that:

(1) The applicant certifies that there are no willful misrepresentations or falsifications or material omissions in the information provided on the device-licensing application form; and

(2) The applicant understands that, if an investigation should disclose any willful misrepresentations, falsifications, or material omissions, the application will be denied and any license already issued will be invalid.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.05 Transfer of Device Licenses to Other Devices of the Same Description. The owner or authorized agent of a licensed device shall transfer the license to another device of the same description by:

(a) Submitting copies of placed in service reports reflecting the changes; and

(b) Paying the division's invoice for the difference between the fee for the old device and the fee for the new device, if any.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.06 Administrative Obligations Relating to Destruction of Devices, Transfer of Device Licenses, Adding and Removing Devices, Change of Contact Information.

(a) The owner or authorized agent of a licensed device shall notify the division by letter, e-mail, or fax whenever the owner or authorized agent:

(1) Destroys a licensed device;

(2) Sells or otherwise transfers a licensed device to a new owner;

(3) Sells or transfers the owner's business assets, including the device, to a new owner; or

(4) Drops a device from the division’s list of devices licensed for that owner.

(b) The owner or authorized agent of a licensed device shall notify the division whenever the owner or authorized agent adds devices by submitting copies of placed in service reports for those added devices.

(c) The owner or authorized agent of a licensed device shall notify the division when wishing to make changes to contact information by submitting the changes on the division provided application form for a weighing and measuring device license.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.07 Renewing Device Licenses.

(a) The division shall provide via mail, e-mail, or fax to each owner of a device license a “Renewal for Weighing and Measuring Device License Form” containing pre-printed information at least 60 days prior to the expiration of the licensee’s license.

(b) Owners of licensed devices who have not received such a renewal application form shall notify the division by mail, telephone, e-mail or fax.

(1) Confirm or correct the information on the division generated renewal application form including verifying the following:

a. Device category;

b. Make, model and serial number;

c. Equipment location;

d. Number of meters; and

e. Certification date;

(2) Prior to a license being issued, submit proof of certification, such as a placed in service report, with the renewal that the devices have been inspected and certified and display a current year or previous year certification stamp;

(3) Return the signed renewal application form with any changes to the division; and

(4) Pay the division's invoice within 30 days.

(d) Upon receipt of (1)-(4) above, a license shall be issued and sent to the device owner or authorized agent.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.08 Grounds for Denial of License. The commissioner shall deny the application for an initial or renewed device license if:

(a) The applicant has:

(1) Made a willful misrepresentation or falsification on the application form;

(2) Made a material omission on the application form;

(3) Failed to pay any charge, fee, administrative fine or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the commissioner or to a court arising out of proceedings brought by the division; or

(4) Failed to comply with an order or finding by the commissioner; or

(b) The device intended to be licensed does not comply with the accuracy requirements for such devices, as determined by a division inspector.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.09 Notice of Denial. The commissioner shall send a notice of the denial of an application for an initial or renewed license by certified mail to the last known address of the licensee or applicant.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.10 Hearings. Every applicant shall be entitled to a hearing pursuant to Agr 200 if the application for an initial or renewed device license is denied.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.11 Posting of Device Licenses.

(a) Original device licenses shall be posted conspicuously in the places of business where the devices are used most or all of the time.

(b) Businesses needing to post licenses in additional remote locations shall photocopy the original license and post the photocopies conspicuously in the additional locations.

(c) Copies of original device licenses shall be kept with devices that do not stay in a fixed location, such as the devices on propane, oil, and seafood delivery trucks.

(d) Device licenses shall be surrendered for inspection upon the request of any division inspector.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.12 Prohibited Acts Relating to Device Licenses. The following acts shall be prohibited with respect to device licenses:

(a) Displaying or causing or permitting to be displayed any expired, fictitious, or fraudulently altered device license;

(b) Permitting the use of a device license by anyone other than the owner and agents of the owner;

(d) Manufacturing, advertising for sale and selling fictitious, facsimile, or simulated device licenses which might be mistaken for valid licenses;

(e) Possessing fictitious, facsimile, or simulated device licenses which might be mistaken for valid licenses, with the exception of possessing photocopies of device licenses made pursuant to Agr 1407.11(b); and

(f) Removing a certification stamp from a device.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1407.13 Voluntary Licensing of Pre-Pack and Factory Scales.

(a) Pre-pack and factory scales shall be licensed at the option of the owner if the owner elects to apply for licensing and complies with the applicable requirements of this chapter.

(b) After the issuance of a license for a pre-pack or factory scale, if the owner fails to comply with the applicable requirements of this chapter, the license shall be invalid.

Source. #9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1408 PRICE POSTING AND LABELING OF MOTOR VEHICLE FUEL AND EQUIPMENT SPECIFICATIONS

Agr 1408.01 Definitions. In Agr 1408 the following terms shall have the following meanings:

(a) “Cash discount price” means the discount from the regular price available when the buyer pays for the fuel in cash, by check or using a debit card;

(b) “Compressed natural gas (CNG)” means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as an engine fuel;

(c) “Computing device” means a device designed to indicate, in addition to weight or measure, the total monetary value of product weighed or measured, for one of series of unit prices;

(d) “Contract sale” means a sale where a written agreement exists, prior to point of sale, in which both buyer and seller have accepted pricing conditions of the sale. Examples include, but are not limited to e-commerce, club sales, and pre-purchase agreements;

(e) “Gasoline” means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in a spark-ignition internal combustion engine;

(f) “Gasoline gallon equivalent (GGE)” means 5.660 pounds of natural gas;

(g) “Gasoline liter equivalent (GLE)” means 0.678 kilograms of natural gas;

(h) “Liquefied natural gas (LNG)” means natural gas that has been liquefied at -126.1 degrees C or -259 degrees F and stored in insulated cryogenic tanks for use as an engine fuel;

(i) “Liquefied petroleum gas (LPG)” means a mixture of normally gaseous hydrocarbons, predominantly propane or butane or both, that has been liquefied by compression or cooling or both to facilitate storage, transport and handling;

(j) “Motor fuel dispenser” means a device designed for the measurement and delivery of liquids used as fuel for internal-combustion engines;

(k) “Motor vehicle fuel” means any grade, blend, or mixture of gasoline, diesel fuel, kerosene, compressed natural gas, liquefied natural gas, or liquefied petroleum gas;

(l) “Regular price” means the price for motor vehicle fuel charged by a seller when no discount is offered and the buyer uses a credit card or cash; and

(m) “Special or promotional discount” means the discounted price offered for a specified period of time including cash discounts.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.02 Posting Prices of Motor Vehicle Fuel.

(a) All persons who offer for sale or sell gasoline or diesel fuel at retail shall post the price of all grades and services of such fuel in at least 2 of the following ways:

(1) On a price sign affixed to the fuel dispenser, for example, a pump topper, in numerals not less than 4 inches high and 3/4 of an inch in width, and placed on the dispenser so that they are clearly visible from both sides of the dispenser from either direction of a motorist’s approach;

(2) On a stationary roadside fuel price sign, the stationary roadside fuel sign shall be clearly visible from the street; or

(3) By a digital unit price indicator or an analog unit price indicator on the face of the dispenser, the indicators shall display the actual price of the fuel pumped.

(4) Numerals indicating fractions or portions of whole numbers on any posted price shall be at least 1/2 the size of the whole numbers on such display, and all posted prices shall reflect the total price of such fuel, including all taxes thereon.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.03 Regular and Cash Discount Price Posting for Motor Vehicle Fuel.

(a) When motor vehicle fuel is sold from a single dispenser for a regular price and a cash discount price, both unit prices shall be posted on the dispenser in accordance with Agr 1408.02.

(b) Roadside signs advertising the cash discount price of gasoline or diesel fuel shall disclose that the advertised price is limited to cash purchases and display the word “cash” next to the cash discount price. The letters in the word “cash” or other words of disclosure shall be of the same height and width as the numerals of the cash discount price.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.04 Special Sale Prices or Promotional Discount Prices of Motor Vehicle Fuel; Posting and Advertising Sale or Promotional Discount.

(a) When motor vehicle fuel is sold from a single dispenser for a special sale price or promotional discount price, the same special sale price or promotional discount price shall apply to the same grade, blend or mixture of motor vehicle fuel when sold from all other dispensers at the same service station and the dispenser shall be set to compute transactions at the special sale price or promotional discount price.

(b) The requirement in (a) above shall not apply when the motor vehicle fuel is sold at a self-service discount.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.05 Motor Fuel Dispensers with Computing Devices.

(a) If a computing device is part of the fuel dispensing equipment, it shall compute the total price for single purchases at all the unit prices for which the grade, blend or mixture of motor vehicle fuel being dispensed is offered for sale, except for the unit prices charged by contract for fleet sales and similar price-contract sales.

(b) When a grade, blend or mixture of motor vehicle fuel is offered for sale at more than one unit price through a dispenser with a computing device:

(1) The unit price for a transaction shall be selected by controls on the dispenser to be used by the customer;

(2) The customer shall receive a printed receipt of the transaction showing the unit price, the total number of gallons dispensed and the total price of the sale issued mechanically by the dispenser; or

(3) The customer shall receive a printed receipt of the transaction showing the unit price, the total number of gallons dispensed and the total price of the sale from a person attending the dispenser or the store where the fuel is offered for sale.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.06 Kerosene Fuel Labeling & Equipment Specifications.

(a) Kerosene offered for sale or sold shall:

(1) Be labeled as kerosene; and

(2) Comply with the standard specification in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Pumps dispensing kerosene shall be labeled in compliance with NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17; (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.07 Diesel Fuel Labeling & Equipment Specifications.

(a) Diesel fuel offered for sale or sold shall:

(1) Be labeled as diesel fuel; and

(2) Comply with the standard specification for diesel fuel oils in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Pumps dispensing diesel fuel shall be labeled in compliance with NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.08 Liquefied Natural Gas Conversions and Labeling. LNG Offered for Sale or Sold Shall.

(a) Be labeled as liquefied natural gas;

(b) Be sold in terms of diesel gallon equivalent (DGE) or in mass; and

(c) Liquefied natural gas dispensers shall be permanently and conspicuously labeled with the applicable pound conversion, "One DGE means 6.059 lb of liquefied natural gas".

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1408.09 Liquefied Petroleum Gas Labeling.

(a) Liquefied petroleum gas offered for retail sale and sold at retail as a motor vehicle fuel shall be:

(1) Be labeled as liquefied petroleum gas;

(2) Sold in gallons; and

(3) Comply with the standard specifications of liquefied petroleum gas in NIST handbook 130, Uniform Laws and Regulation, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Liquefied petroleum gas dispensers shall:

(1) Meet the requirements in NIST Handbook 44 as required by RSA 438:8; and

(2) Be labeled according to NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1409 TEMPERATURE CORRECTION FOR REFINED PETROLEUM PRODUCTS

Agr 1409.01 Purpose and Scope.

(a) The purpose of these rules is to protect consumers when an individual or business elects to sell refined petroleum products using temperature correction.

(b) The rules in Agr 1409 shall apply to refined petroleum products. Temperature correction of any product other than refined petroleum products, with the exception of liquid propane gas, shall be prohibited.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1409.02 Temperature Correction For Refined Petroleum Products.

(a) Any refined petroleum product being corrected to a reference temperature of 60 degrees Fahrenheit, whether sold at wholesale or retail, shall be accomplished only with a measuring system that has been licensed by the division in accordance with Agr 1408.

(b) Sellers of refined petroleum products using temperature correction, whether selling at wholesale or retail, shall:

(1) Have their measuring devices equipped with automatic temperature compensators; and

(2) Use such equipment throughout the year.

(c) Sellers of refined petroleum products, using an automatic temperature compensator for temperature correction shall have the compensator connected and in use at all times in order to temperature-correct the product for every sale made.

(d) An electronic or mechanical automatic temperature-compensating system shall not be removed, nor shall a compensated device be replaced with an uncompensated device, during any period of 12 consecutive months.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1409.03 Automatic Temperature Correction Devices.

(a) On a device equipped with an automatic temperature-compensating mechanism that will record in terms of liters or gallons compensated to 60 degrees Fahrenheit, provision shall be made for deactivating the automatic temperature-compensating mechanism so that the meter can indicate, and record if it is equipped to record, in terms of the uncompensated volume.

(b) A device equipped with automatic temperature compensation shall indicate and record, if equipped to record, both the gross uncompensated and net compensated volume for testing purposes or, if both values cannot be displayed or recorded for the same test draft, means shall be provided to select either the gross or net indication for each test draft.

(c) Adequate provision shall be made for physically applying security seals in such a manner, or through the use of a data change audit trail, that an automatic temperature-compensating system cannot be disconnected and that no adjustment can be made to the system without compromising the security seal or audit trail.

(d) For testing purposes of an automatic temperature-compensating system means shall be provided for the determinations of the temperature of the liquid at one of the following locations:

(1) In the liquid chamber of the meter; or

(2) Immediately adjacent to the meter in the meter inlet or discharge line.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1409.04 Testing of Automatic Temperature-Compensating Systems.

(a) On devices equipped with automatic temperature-compensating systems, normal tests shall be conducted as follows:

(1) By comparing the compensated volume indicated or recorded to the actual delivered volume corrected to 60 degrees Fahrenheit; and

(2) With the temperature-compensating system deactivated, comparing the uncompensated volume indicated or recorded to the actual delivered volume.

(b) The first test of an automatic temperature-compensating system shall be performed in the "as found" condition.

(c) On devices that indicate or record both the compensated and uncompensated volume for each delivery, the tests in (a)(1) and (a)(2) above may be performed as a single test, otherwise 2 separate tests as indicated in (a)(1) and (a)(2) above shall be performed.

(d) Corrections shall be made for any changes in volume resulting from the differences in the liquid temperatures between the time of passage through the meter and the time of volumetric determination in the prover.

(e) The delivered quantities for each test shall be the same size.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1409.05 Allowable Meter Error. The difference between the meter error for the test results determined with the automatic temperature-compensating system activated and the test results determined with the automatic temperature-compensating system deactivated, expressed as a percentage of the test volume, shall:

(a) Not exceed 0.3 percent for mechanical automatic temperature-compensating systems; or

(b) Not exceed 0.2 percent for electronic automatic temperature-compensating systems.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1409.06 Petroleum Products Delivery Tickets.

(a) A delivery ticket shall not be inserted into a device delivering petroleum products and equipped with a printer until after the delivery system has been charged with product and immediately before a delivery of the product is begun.

(b) At no time shall a ticket be in a vehicle-mounted device when the vehicle is in motion.

(c) Delivery tickets printed by vehicle-mounted metering systems and invoices issued shall be left with the customer at the time of delivery or as otherwise specified by the customer.

(d) All delivery tickets and invoices shall contain at least the following:

(1) The date the product is delivered;

(2) The name and address of the vendor, including street, city, state, and 9-digit zip code;

(3) The name and address of the purchaser, including street, city, state, and 9-digit zip code;

(4) The type of product being delivered;

(5) The unit price, per gallon or liter, of the product being delivered;

(6) The total computed price for the volume delivered; and

(7) If there is correction for temperature:

a. The net gallons or liters delivered; and

b. The statement "The volume delivered has been adjusted to the volume at 60 degrees Fahrenheit".

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1410 NEW HAMPSHIRE WEIGHTS AND MEASURES FEES

Agr 1410.01 Annual Fees for Licensing Commercial Devices.

(a) The device licensing fees shall be as stated in RSA 438:10-a.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1410.02 Fees Charged by the New Hampshire Metrology Laboratory.

(a) 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:

(1) 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;

(2) Class F test weights meeting specifications and tolerances contained in current NIST Handbook 105-1, up to 99 pounds, the greater of:

a. Twenty dollars per weight; or

b. The hourly charge set forth in (b) below 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;

(3) Class F test weight sets meeting specifications and tolerances contained in current NIST Handbook 105-1, the greater of:

a. Fifty-five dollars per weight set; or

b. The hourly charge set forth in (b) below 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;

(4) Glass flasks meeting specifications and tolerances contained in current NIST Handbook 105-2, $75 each;

(5) 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;

(6) 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;

(7) 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

(8) Volumetric compartment calibrations:

a. For the first 100 gallons or less, $160; and

b. For each additional 100 gallons or less, $50.00.

(b) All testing and certification of standards not listed in (a) above shall be performed at a rate of $80 per hour, with a minimum charge of the fee for one hour.

(c) The division shall charge a $50 fee for each National Voluntary Laboratory Accreditation Program (NVLAP) accredited calibration report.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1410.03 Fees for the Rental of Test Equipment.

(a) 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.

(b) The following fees shall apply to the rental of test equipment:

(1) Test weights, 500 pound and 1,000 pound, $8 each weight per day;

(2) Test weights, 50 pound and 25 pound, $4 each weight per day;

(3) Class F test weight sets, $25 each set per day;

(4) Volumetric 5 gallon field standards, $10 each field standard per day;

(5) Volumetric 10 gallon provers, $75 each prover per day; and

(6) Volumetric test truck, $150 per hour plus $1 per mile.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1410.04 Fees for the Testing, Certification and Sealing of Commercial Devices.

(a) The following fees shall be charged for the testing, certification and sealing of devices by the division's inspectors:

(1) For precious metal and jewelry scales, $30 per scale;

(2) For scales with a capacity of 100 pounds or less, other than precious metal and jewelry scales, $20 per scale;

(3) For scales with a capacity greater than 100 pounds up to and including 2,000 pounds, $75 per scale;

(4) For scales with a capacity greater than 2,000 pounds up to and including 5,000 pounds:

a. If the division does the testing, certifying, and sealing, $200 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(5) For scales with a capacity greater than 5,000 pounds, up to and including 10,000 pounds:

a. If the division does the testing, certifying, and sealing, $250 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(6) For scales with a capacity greater than 10,000 pounds, up to and including 120,000 pounds:

a. If the division does the testing, certifying, and sealing, $400 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(7) For scales with a capacity greater than 120,000 pounds, up to and including 200,000 pounds:

a. If the division does the testing, certifying, and sealing $600 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $200 per scale;

(8) For onboard weighing systems or scales on lift trucks or forklifts:

a. If the division does the testing, certifying and sealing, $200 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(9) For other onboard weighing systems or scales, for example, those on trucks for the collection of refuse or recyclable materials, $200 each;

(10) For retail motor fuel devices except for devices dispensing LP gas and natural gas:

a. For devices dispensing up to 20 gallons per minute, $25 per meter; and

b. For devices dispensing more than 20 gallons per minute, $75 per meter;

(11) For LP gas retail motor fuel dispensers, $48 per meter;

(12) For natural gas retail motor fuel dispensers, $48 per meter;

(13) For vehicle tank meters other than LP gas and natural gas meters:

a. If the division does the testing, certifying and sealing, $100 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $50 per meter;

(14) For LP gas and natural gas vehicle tank meters:

a. If the division does the testing, certifying and sealing, $125 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $50 per meter;

(15) LPG filling station meters, $75 per meter;

(16) For bulk storage meters:

a. If the division does the testing, certifying and sealing, $150 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $75 per meter;

(17) Taxi meters, $25 per meter;

(18) Linear measures, $18 per device;

(19) Timing devices, $20 per device;

(20) Motor oil and fluid dispensers, $20 per device;

(21) Water meters, $20 per device;

(22) Fabric measuring devices, $20 per device;

(23) Wire and cordage measuring devices, $20 per device; and

(24) Capacity measurements, dry or liquid, $100 per unit.

(b) 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.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1410.05 Registration Fees for Service Technicians.

(a) The fee for an initial certificate of registration shall be $36 plus $12 for each device category the applicant chooses pursuant to Agr 1404.06(c)(13).

(b) The fee for a renewed certificate of registration shall be $36 plus $12 for each device category the applicant chooses.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Agr 1410.06 Licensing Fees for Weighmasters.

(a) The fee for an initial weighmaster license shall be $96.

(b) The fee for renewal of a weighmaster license shall be $96.

Source. (See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

PART Agr 1411 VIOLATIONS OF RSA 438:40, I AND OF ADMINISTRATIVE WEIGHTS AND MEASURES RULES; WRITTEN WARNINGS OF VIOLATION; ADMINISTRATIVE FINES

Statutory Authority: RSA 438:7, V, RSA 438:8

Agr 1411.01 Purpose. The purpose of Agr 1411 is to set forth administrative sanctions for violations of RSA 438 and its implementing rules. Such administrative sanctions do not preclude criminal prosecution pursuant to RSA 438:40, II or III. The imposition of such administrative sanctions is not required as a precondition of criminal prosecution.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.02 Violations of RSA 438:40, I and of Administrative Weights and Measures Rules.

(a) Any individual or entity who has done an act or omission prohibited by RSA 438:40, I or a weights and measures administrative rule shall receive either a written warning of violation issued by the division or a fine imposed by the commissioner.

(b) The division shall issue a written warning without the imposition of an administrative fine for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule, unless the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.

(c) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule if the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.03 Written Warnings of Violation.

(a) An individual or entity receiving a written warning of violation issued by the division shall:

(1) Correct the violation described in the written warning; or

(2) If the recipient does not understand the written warning of violation or know how to correct the violation, contact the division for the needed explanation.

(b) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 if an individual or entity who has received a written warning of a violation which is capable of being corrected has not corrected the violation.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.04 Notices of Administrative Fines.

(a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who:

(1) Has, for the second time, done an act or omission prohibited by RSA 438:40, I;

(2) Has, for the second time, violated a weights and measures administrative rule;

(3) Is subject to an administrative fine under Agr 1411.02(c); or

(4) Is subject to an administrative fine under Agr 1411.03(b).

(b) The recipient of a notice of administrative fine shall reply by delivering or mailing to the division a signed writing:

(1) By the date specified on the notice; and

(2) Either:

a. Consenting to the imposition of the fine and enclosing payment in the amount of the fine; or

b. Objecting to the imposition of the fine.

(1) A challenge to the allegation of violation or to the fine or both; and

(2) A request for an adjudicative hearing pursuant to Agr 200 on the allegation of violation or the fine or both.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.05 Failure to Reply to a Notice of Administrative Fine.

(a) An individual or entity who, without good cause as described in (b) below fails to reply to a notice of administrative fine by the date specified in the notice shall be subject to the following:

(1) An administrative fine of $50.00 in addition to the fine specified by the notice;

(2) If holding a license or certificate issued by the division, a 15-day suspension of the license or certificate; and

(3) Referred to the New Hampshire attorney general for further action.

(b) Good cause for an individual's failure to reply to a notice of administrative fine by the date specified in the notice shall be:

(1) Illness requiring a physician's care;

(2) Involvement in a motor vehicle, industrial, or home accident;

(3) Illness of a dependent requiring the personal care of the individual claiming the excuse;

(4) Death of any of the following family members:

a. Spouse;

b. Civil union partner;

c. Natural, foster or step child;

d. Parent, step parent or parent-in-law;

e. Sibling or step-sibling;

f. Sister-in-law or brother-in-law;

g. Daughter-in-law or son-in-law; or

h. Grandparent; or

(5) Death of a legal guardian.

(c) Any individual or entity subject to the penalties in (a) above shall have the right to challenge them through an adjudicative hearing pursuant to Agr 200.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.06 Payment of Administrative Fines.

(a) Administrative fines shall be paid:

(1) In person by:

a. Cash; or

b. Check, bank draft, or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft, or money order made payable to "Treasurer, State of New Hampshire".

(b) If a check in payment of an administrative fine is returned as uncollectible because of insufficient funds, the commissioner shall charge the fee authorized by RSA 6:11-a.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1411.07 Schedule of Administrative Fines.

(a) The following principles shall apply to the fines set forth in (c) through (g) below:

(1) No first instance of violation of any provision of RSA 438:40, I or violation of a weights and measures administrative rule shall be considered a "first offense" except as set forth in Agr 1411.02(c) and Agr 1411.03(b); and

(2) Except as stated in (b) below, offenses shall be numbered by frequency of occurrence within a 12-month period, so that, for example, a second offense done more than 12 months after a first offense of the same description shall be considered a "first offense".

(b) If an individual or entity has done the same offense 3 times within a 5-year period, the offense shall not be protected by the 12-month rule in (a)(2) above, but shall be considered a "third offense".

(c) Administrative fines for acts or omissions prohibited by RSA 438:40, I or by a weights and measure administrative rule shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(d) Administrative fines for such acts or omissions which have no pecuniary impact or potential for pecuniary impact on anyone, excepting the failure to hold a currently valid license or certificate of registration if legally obligated to hold one, shall be:

(1) For a first offense, $150;

(2) For a second offense, $300; and

(3) For a third offense, $600.

(e) Administrative fines for failure to hold a currently valid license or certificate of registration if legally obligated to hold one shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(f) Administrative fines for impersonating a division inspector or hindering an inspector in the performance of his or her official duties shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(g) Administrative fines for falsifying an application for a license or certificate of registration, falsifying a weight certificate, falsifying any report required to be submitted to the division by service technicians or falsifying any other document required to be submitted to the division shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

PART Agr 1412 DATING PREWRAPPED SANDWICHES

Statutory Authority: RSA 438:26-b

Agr 1412.01 Purpose. The purpose of these rules is to protect public health and safety by establishing an expiration date on all sandwiches beyond which each sandwich shall not be sold. These rules implement the procedures of the department of agriculture, markets, and food pursuant to RSA 438:26-b, dating prewrapped sandwiches.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.02 Scope. These rules shall apply to all vendors who sell fresh or unfrozen prewrapped sandwiches. These rules shall also apply to vendors and retailers who sell sandwiches that have been previously frozen before being thawed for retail sale.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.03 Definitions. The following words shall have the meanings indicated when used in this chapter:

(a) “Expiration date” means the last day of sale, printed or stamped on a prewrapped sandwich label, determined in accordance with these rules.

(b) “Frozen” means kept at a temperature of less than 0 degrees Fahrenheit.

(d) “Prewrapped sandwich” means any sandwich containing potentially hazardous foods as defined in He-P 2301.01(ah), enclosed in a wrapper, stored in a refrigerator for future consumption and offered for sale or sold to the public, which is not intended or expected to be consumed within 36 hours after wrapping.

(e) “Refrigerated” means kept at a temperature of 41 degrees Fahrenheit or less.

(f) “Retailer” means any establishment where food and food products are offered to the consumer and intended for off-premise consumption.

(g) “Vendor” means any person or establishment who makes prewrapped sandwiches for sale to the public.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.04 Expiration Date.

(a) The expiration date for a fresh refrigerated prewrapped sandwich shall be a maximum of 7 days from the date the sandwich is made, but may be less than 7 days, as determined by the vendor in accordance with Agr 1412.04(g) and (h).

(b) The expiration date for a previously frozen prewrapped sandwich shall be a maximum of 7 days from the date the sandwich is thawed for retail sale, but may be less than 7 days, as determined by the vendor in accordance with Agr 1412.04(g) and (h).

(c) The expiration date for a fresh refrigerated prewrapped sandwich shall be clearly and legibly printed or stamped by the vendor on the sandwich wrapper label, at the time it is wrapped, by stating “expiration date” or “sell by” followed by the month and day.

(d) The expiration date for a previously frozen prewrapped sandwich shall be clearly and conspicuously printed or stamped on the sandwich wrapper label, at the time it is thawed for retail sale, by stating “expiration date” or “sell by” followed by the month and day.

(e) The expiration date for a fresh refrigerated prewrapped sandwich shall be determined by the vendor who makes the prewrapped sandwiches.

(f) The expiration date for a previously frozen prewrapped sandwich shall be determined and affixed to the sandwich label at the time of thawing by the vendor or by the retailer in cases where the retailer thaws the previously frozen prewrapped sandwich for retail sale.

(g) The determination under (e) and (f) above shall take into consideration the food quality and characteristics, packaging and other protective wrapping, coating or container, transportation and storage conditions, and retail storage and display conditions. The temperature and humidity of storage and display areas for perishable food, at all stages prior to retail sale, shall also be factors in determining the expiration date.

(h) The determination of a reasonable period for consumption shall be based upon refrigeration temperatures of 41 degrees Fahrenheit or less.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.05 Manufacturing Date. In addition to the expiration date provided for in Agr 1412.04, the manufacturing date shall be clearly and conspicuously printed or stamped by the vendor on the sandwich wrapper label at the time it is wrapped. Alternatively, a manufacturing date code may be used provided the method of coding is made available to the commissioner or the commissioner’s agent.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.06 Complaint. A complaint may be filed by any person, in accordance with the following provisions:

(a) A complaint shall be delivered to the department, containing all of the following:

(1) The complainant’s name and address;

(2) The alleged violator’s name and address, if known;

(3) The specific facts and circumstances constituting a violation which shall be selected from one of the following:

a. No stated expiration date on a prewrapped sandwich label;

b. The prewrapped sandwich is for sale past the expiration date;

c. The expiration date on the label is greater than 7 days; or

d. No stated manufacturing date or date code on a prewrapped sandwich label; and

(4) The signature of the complainant.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.07 Investigation. Upon receipt of a complaint, the commissioner shall investigate the alleged complaint, in accordance with Agr 1412.06, to determine whether there is or was a violation of RSA 438:26-b, or a rule.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.08 Right of Inspection.

(a) The commissioner or a weights and measures inspector shall enter the premises of any vendor or retailer, stop any person on the premises and seize any packages sold in violation of the law, without a formal warrant, pursuant to RSA 438:15.

(b) The commissioner or a weights and measures inspector shall inspect the premises of a vendor or retailer at any time during business hours to determine whether there is a violation of RSA 438:26-b or Agr 1412 or order issued pursuant to Agr 1412.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.09 Orders.

(a) The commissioner or a weights and measures inspector shall issue an order when there is no stated expiration date on a prewrapped sandwich. The order shall require elimination of the violation by putting an expiration date on the label. If a sandwich with no expiration date would be past its expiration date when properly labeled, then (b), below, shall apply.

(b) If the prewrapped sandwich(es) on the refrigerator shelf has been kept past its expiration date, the commissioner or a weights and measures inspector shall issue a stop-removal order, in accordance with RSA 438:13. The recipient of this order shall remove the offending sandwiches from his/her premises immediately.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.10 Appeal. After an order has been issued by the commissioner or a weights and measures inspector the alleged violator may appeal, pursuant to RSA 438:7, III, to the commissioner or to the superior court.

Source. (See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.11 Offenses. Any person who violates any section of Agr 1412 shall be subject to penalties pursuant to RSA 438:40.

Source. #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Agr 1412.12 Waivers.

(a) Each vendor seeking waiver of a specific rule in this chapter shall submit a written request for the waiver to the commissioner.

(b) The waiver request shall include:

(1) The specific reference to the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary; and

(3) A full explanation of alternatives proposed by the vendor, which shall be equally protective of public health as the rule from which a waiver is sought.

(1) The commissioner concludes that authorizing deviation from strict compliance with the rule from which the waiver is sought does not contradict the purpose of this part as stated in Agr 1412.01; and

(2) The alternative proposed by the vendor ensures that the purpose of this part as stated in Agr 1412.01 from which the waiver is sought will be accomplished.

(d) If a waiver is approved, the vendor’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(e) No request for a waiver concerning the rules of other state agencies which are referred to in this chapter shall be accepted.

Source. #7662, eff 3-19-02, EXPIRED: 3-19-10

New. #10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12

New. #10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

APPENDIX

RULE	SPECIFIC STATE STATUTE THE RULE IMPLEMENTS
Agr 1401	RSA 541-A:7
Agr 1402.01 - Agr 1402.13	RSA 438:7 IV
Agr 1402.02 through Agr 1402.04(a)(2)	RSA 438-8:I.(e)
Agr 1402.04(a)(3)	RSA 438:8, I.(h)(3)
Agr 1402.04(b) through Agr 1402.06(b)	RSA 438-8:I.(e);
Agr 1402.06(c)	RSA 438:8, I.(h)(3)
Agr 1402.06(d)	RSA 438-8:I.(e)
Agr 1402.07(a) through (e)	RSA 438:7, VIII.
Agr 1402.07(f)	RSA 438:8, I. (e)
Agr 1402.08 through Agr 1402.13	RSA 438-8:I.(e)
Agr 1403.01 - Agr 1403.13	RSA 438:8, I(e)
Agr 1403.02 through Agr 1403.16	RSA 438-8:I.(e)
Agr 1404.01	RSA 541-A:7
Agr 1404.02	RSA 541-A:7
Agr 1404.03 through Agr 1404.05(b)(3)	RSA 438-8:I.(d)
Agr 1404.05(c) through Agr 1404.07(d)(2)a.	RSA 438-8:I.(d)
Agr 1404.07(d)(2)b.	RSA 438:8, I.(h)(3)
Agr 1404.07(e)	RSA 438-8:I.(d)
Agr 1404.08(a) through (e)	RSA 438:7, VIII.
Agr 1404.08(f)	RSA 438:8, I. (d)
Agr 1404.09(a)	RSA 438:5
Agr 1404.09(b) through Agr 1404.14	RSA 438-8:I.(d)
Agr 1405.01	RSA 541-A:7
Agr 1405.02	RSA 541-A:7
Agr 1405.03	RSA 438-8:I (d)
Agr 1405.04 (a), (b) and (c)	RSA 438:5; RSA 438:8, IV.
Agr 1405.04(d) through Agr 1405.24	RSA 438-8:I.(d)
Agr 1405.25	RSA 438:14-a; RSA 438:7, II
Agr 1405.26	RSA 438:14-a; RSA 438:7, II
Agr 1405.27	RSA 438:14-a; RSA 438:7, II
Agr 1405.28	RSA 438:14-a; RSA 438:7, II
Agr 1405.29	RSA 438:14-a; RSA 438:7, II-V
Agr 1405.30	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.31	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.32	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7
Agr 1405.33	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7
Agr 1405.34	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.35	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.36	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.37	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1405.38	RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II
Agr 1406.01	RSA 541-A:7
Agr 1406.02 and Agr 1406.03	RSA 438:36; RSA 438:26-a
Agr 1406.04 through Agr 1406.06	RSA 438:21
Agr 1406.07 through Agr 1406.13	RSA 438:26; RSA 438:26-a
Agr 1406.04	RSA 438:26-a, II., III., IV. and V.
Agr 1406.07 through Agr 1406.13	RSA 438:26; RSA 438:26-a
Agr 1407.01	RSA 541-A:7
Agr 1407.02	RSA 438:7, VI.
Agr 1407.03 through Agr 1407.08(a)	RSA 438-8:I(f); RSA 438:10-a
Agr 1407.08(b)	RSA 438:19
Agr 1407.09 through Agr 1407.13	RSA 438-8:I(f); RSA 438:10-a
Agr 1408.01	RSA 541-A:7
Agr 1408.02 through Agr 1408.09	RSA 438:20; RSA 438:26
Agr 1409.01 through Agr 1409.06	RSA 438:20
Agr 1410.01	RSA 438:8, I. (k)
Agr 1410.02	RSA 438:8, I. (k)
Agr 1410.03	RSA 438:8, I. (k)
Agr 1410.04	RSA 438:8, I. (k)
Agr 1410.05 and Agr 1410.06	RSA 438:8, I. (k)
Agr 1411.01	RSA 541-A:7
Agr 1411.02(a) and (b)	RSA 438:8, I. (i)
Agr 1411.02(c)	RSA 438:7, V.
Agr 1411.03(a)	RSA 438:7, III.
Agr 1411.03(b)	RSA 438:7, V.
Agr 1411.04	RSA 438-8:I.(i)
Agr 1411.05(a)	RSA 438:7, III.; RSA 438:40, IV.
Agr 1411.05(b)	RSA 438-8:I.(i)
Agr 1411.05(c)	RSA 438:7, IV.; RSA 438-8:I.(i)
Agr 1411.06	RSA 438-8:I.(i)
Agr 1411.07	RSA 438:7, V.; RSA 438-8:I.(i)
Agr 1412.01 - Agr 1412.07	RSA 438:26-b
Agr 1412.08	RSA 438:15 and RSA 438:26-b
Agr 1412.09	RSA 438:12, RSA 438:13 and RSA 438:26-b
Agr 1412.10	RSA438:7, III
Agr 1412.11	RSA 438:40
Agr 1412.12	RSA 438:26-b