La. Admin. Code tit. 7 § XXXV-127

Current through Register Vol. 50, No. 11, November 20, 2024
Section XXXV-127 - Registration
A. Each commercial weighing and measuring device in use in Louisiana, and every weighmaster, service agency, and service technician currently active in Louisiana, shall be registered as required by this Chapter.
B. Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place and shall be registered as a commercial device.
C. Scales shall be registered according to the following criteria:
1. make;
2. model;
3. serial number;
4. capacity; and
5. intended use.
D. Scanning devices shall be registered according to the greatest number of scanning devices in use at a location at any given time during the calendar year.
1. - 4. Repealed.
E. Mass flow meters shall be registered according to the following criteria:
1. make;
2. model;
3. serial number;
4. internal tube diameter in inches; and
5. intended use.
F. Electric vehicle charging points shall be registered according to the following criteria:
1. make;
2. model;
3. serial number; and
4. level.
G. A late fee of $25 will be assessed for each commercial weighing and measuring device, weighmaster, service agency, and service technician, when the application is submitted after December 31, with a maximum penalty of $100 per location.
H. A late fee of $25 will be assessed for each new device not registered within 30 days from the date it is put into service.
I. A compound weighing device shall be considered one or more devices for the purpose of registration in accordance with the following.
1. A compound weighing device that consists of a single load receiving element and more than one indicating element shall be considered a single device when all indicating elements may be tested during the same test for the purpose of sealing the device as correct. Said device shall be considered separate devices for each separate test necessary for sealing.
2. A compound weighing device that consists of one indicating element and more than one load receiving element shall for the purpose of registration be considered a separate device for each load receiving element.
J. Applicants for registration may request application forms, verbally or in writing, from the Division of Weights and Measures of the Department of Agriculture and Forestry.
K. Each application for annual registration shall be accompanied by payment of the required fee and said registration shall be valid until December 31. To remain valid, each annual registration must be renewed before January 1. This Subsection shall not apply to the registration of taxicab meters.
L. Taxicab meters shall be registered annually with the division. Each registration shall be valid for one year from the date of issuance. Taxi meters may only be registered with the division upon completion of an inspection of the taxi meter by the department and payment of the required registration fee. The inspection period for taxicab meters for registration purposes shall occur from January 1 through June 30 each year. After June 30, inspections for registration purposes will be done by appointment only.
1. If a taxicab operates in a municipality or parish which requires a local inspection, the inspection required under this Part shall be completed no later than the month in which the taxicab's parish, municipal, or airport inspection is due.
2. Taxicab meters inspected after June 30 will be charged a late fee of $25 unless the late inspection is due to a meter being new, repaired, replaced, or being placed in a different vehicle.
M. Any registration obtained without complying with all of the requirements of these regulations may be voided by the division.
N. Before a device may be sealed to certify the accuracy and correctness of a device, that device must be registered with the Division of Weights and Measures of the Louisiana Department of Agriculture and Forestry.
O. In accordance with R.S. 3:4611, no one shall use a weight, measure or weighing or measuring device which has not been sealed by the division, its director, or its inspectors, at its direction, within the year prior thereto, unless written notice has been given to the division to the effect that the weight, measure or weighing or measuring device is available for examination or is due for re-examination.
P. Application for registration or renewal of registration shall fulfill the requirement of notification in Subsection L of this Section.
Q. Applications for annual renewal of registration shall be mailed by the Division of Weights and Measures of the Department of Agriculture and Forestry to all registrants, at the last address provided by the registrant, on or before November 15 and must be returned before January 1.
R. The record of all registrations shall be maintained by the Division of Weights and Measures and the director of the Division of Weights and Measures in its office in Baton Rouge.
S. Any registrant having a device registered under provisions of this regulation, and that is taken out of commercial use at the location shown on the application for registration, shall notify the commission's office in writing to remove said device from its records.

La. Admin. Code tit. 7, § XXXV-127

Promulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Commission of Weights and Measures, LR 13:158 (March 1987), amended LR 15:78 (February 1989), amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Division of Weights and Measures, LR 19:1534 (December 1993), LR 23:857 (July 1997), Amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Division of Weights and Measures, LR 19:1534 (December 1993), LR 23:857 (July 1997), LR 412098 (10/1/2015), Amended LR 421649 (10/1/2016), Amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, LR 47562 (5/1/2021), Amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services LR 471840 (12/1/2021), Amended LR 50363 (3/1/2024).
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4603 (formerly R.S. 55:3), 3:4607, 4608, and 3:4622.