N.J. Admin. Code § 13:47F-1.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:47F-1.5 - County and municipal weights and measures authority

(a) County and municipal weights and measures departments established pursuant to 51:1-42 et seq., under the supervision of the State Superintendent pursuant to the provisions of 51:1-54 et seq., shall be eligible to receive 70 percent of the fees collected for the registration, testing and sealing of the commercial weights and measures within their jurisdiction which are inspected and tested, providing that:

1. The inspection and testing of the registered weight and measure is performed by the county and municipal weights and measures department at least once within the annual registration and inspection period.

2. The inspection and testing of weights and measures are conducted in conformity with the requirements and procedures specified in the most recent edition of the National Institute of Standards and Technology Handbook 44, together with all amendments and supplements thereto, adopted by the National Conference on Weights and Measures incorporated herein by reference; except that if the State Superintendent has amended or supplemented, in accordance with the provisions of 52:14B-1 et seq., any Handbook 44 requirements and procedures to conform to the needs of any situation affecting the interests of the State and its people, the county or municipal weights and measures department shall inspect and test the device(s) in accordance with the requirements and procedures as amended by the State Superintendent.

3. The weights and measures standards used by the county or municipality for testing the weights and measures have been compared to the State Standards in the custody of the State Superintendent and corrected and approved by the State Superintendent at least once in five years;

4. All certificates of inspections and tests of weights and measures shall be complete and correct in all respects;

5. All original certificates of inspection are to be submitted with the jurisdictional Certificate of Conformance by December 31 of the annual registration and inspection period.

6. The weights and measures departments conduct their operations in compliance with State law and directives issued by the State Superintendent;

7. The governing bodies of the county and municipal weights and measures departments establish a "Weights and Measures Fund" as a non-lapsing, revolving, dedicated fund into which shall be deposited all reimbursement of fees received for inspection and testing of the weights and measures from the State Superintendent which shall be used to defray all or part of the expenses incurred in regulating weights and measures; and

8. The administrator or the finance officer of the governing bodies of the county and municipal weights and measures department shall submit a certification of the funds appropriated in their budget for weights and measures departments to the State Superintendent during the first quarter of the governing body's fiscal year. If there is any change in the amount of funds appropriated or supplemental appropriations are approved by the governing bodies, the administrator or the finance officer shall submit a supplementary certification to the State Superintendent within 30 days of the approval or the change.

(b) Copies of the National Institute of Standards and Technology Handbook 44 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(c) The State Superintendent shall disburse funds to county and municipal weights and measures departments by the end of the State fiscal quarter following the one in which the Certificates of Inspections and Tests for those weights and measures are received and approved by the State Superintendent.

(d) The State Superintendent shall have no obligation to a county and municipal weights and measures department for those fees due, but not collected, in any given quarter.

N.J. Admin. Code § 13:47F-1.5

Amended by R.2000 d.140, effective 4/3/2000.
See: 32 New Jersey Register 254(a), 32 New Jersey Register 1243(a).
In (a), substituted "within the annual registration and inspection period" for "a year" at the end of 1, and rewrote 5.