Section I Notices of Development of Proposed Rules and Negotiated
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Florida Administrative Weekly Volume 26, Number 14, April 7, 2000 Section I from the Division of Standards, Bureau of Weights and Notices of Development of Proposed Rules Measures, 3125 Conner Boulevard, Lab #2, Tallahassee, Florida 32399-1650, Phone: (850)488-9140. and Negotiated Rulemaking Specific Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History– New 1-1-73, Formerly 5F-3.01, Amended 6-14-95, 8-27-98, 8-19-99, DEPARTMENT OF AGRICULTURE AND CONSUMER ________. SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER Division of Standards SERVICES RULE TITLE: RULE NO.: Division of Standards Adoption of Uniform Packaging and RULE TITLE: RULE NO.: Labeling Regulation 5F-3.001 Specifications, Tolerances and Other Technical PURPOSE AND EFFECT: The purpose of 5F-3.001 is to Requirements for Commercial Weighing and amend it to adopt the most recent national standards for Measuring Devices 5F-5.001 packaging and labeling requirements as adopted by the PURPOSE AND EFFECT: The purpose of this rule is to National Conference on Weights and Measures and published amend 5F-5.001 to adopt the most recent national standards for in 2000 edition of National Institute of Standards and weighing and measuring devices developed by the National Technology Handbook 130 and change the title of the Conference on Weights and Measures and published in the subsection. Adoption of the current national standards will 2000 edition of National Institute of Standards and Technology make Florida’s requirements uniform with the national Handbook 44. Adoption of the standards provides for requirements and facilitate interstate commerce and trade. uniformity of Florida’s requirements with the national SUBJECT AREA TO BE ADDRESSED: Requirements for requirements to facilitate interstate commerce and trade. package and labeling of commodities sold in package form in SUBJECT AREA TO BE ADDRESSED: The requirements, Florida. including tolerances, specifications and other technical SPECIFIC AUTHORITY: 531.41 (3) FS. requirements for weighing and measuring devices used for LAW IMPLEMENTED: 531.41 (13), 531.47, 531.49 FS. commercial transactions and law enforcement use in the state. IF REQUESTED AND NOT DEEMED UNNECESSARY BY SPECIFIC AUTHORITY: 531.40, 531.41 (3) FS. THE AGENCY HEAD, A RULE DEVELOPMENT LAW IMPLEMENTED: 531.40 FS. WORKSHOP WILL BE HELD AT THE TIME, DATE AND IF REQUESTED AND NOT DEEMED UNNECESSARY BY PLACE SHOWN BELOW. THE AGENCY HEAD, A RULE DEVELOPMENT TIME AND DATE: 2:00 p.m., Monday, April 24, 2000 WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE: Division of Standards’ Conference Room, Suite E, PLACE SHOWN BELOW. Room 135, Doyle Conner Administration Building, 3125 TIME AND DATE: 2:00 p.m., Monday, April 24, 2000 Conner Boulevard, Tallahassee, Florida 32399-1650 PLACE: Division of Standards’ Conference Room, Suite E, THE PERSON TO BE CONTACTED REGARDING THE Room 135, Doyle Conner Administration Building, 3125 PROPOSED RULE DEVELOPMENT IS: Max Gray, Bureau Conner Boulevard, Tallahassee, Florida 32399-1650 Chief, Bureau of Weights and Measures, 3125 Conner Blvd., THE PERSON TO BE CONTACTED REGARDING THE Bldg. #2, Tallahassee, FL 32399-1650, (850)488-9140 PROPOSED RULE DEVELOPMENT IS: Max Gray, Bureau Chief, Bureau of Weights and Measures, 3125 Conner Blvd., THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS: Bldg. #2, Tallahassee, FL 32399-1650, (850)488-9140 5F-3.001 Adoption of Uniform Packaging and Labeling THE PRELIMINARY TEXT OF THE PROPOSED RULE Regulation. DEVELOPMENT IS: The Department of Agriculture and Consumer Services hereby 5F-5.001 Specifications, Tolerances, and Other Technical adopts the Uniform Packaging and Labeling Regulation Requirements for Commercial Weighing and Measuring promulgated by the United States Department of Commerce, Devices. National Institute of Standards and Technology, NIST (1) The specifications, tolerances, and other technical Handbook 130, 2000 1999 Edition, as the Rule for packaging requirements for commercial weighing and measuring devices and labeling of commodities and incorporates said uniform adopted by the National Conference on Weights and Measures regulation herein by this reference. A copy of NIST Handbook and contained in National Institute of Standards and 130, 2000 1999 Edition, may be obtained from the Technology (NIST) Handbook 44, 2000 1999 Edition, are Superintendent of Documents, United States Government hereby adopted as rules for the requirements for commercial Printing Office, Washington, D.C. 20402, Phone: weighing and measuring devices of the Department of (202)512-1800. Copies of this uniform regulation are available Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 1611 Florida Administrative Weekly Volume 26, Number 14, April 7, 2000 Agriculture and Consumer Services. A copy of NIST method of sale for commodities, and incorporates said uniform Handbook 44, 2000 1999 Edition, may be obtained from the regulation herein by this reference. A copy of NIST Handbook Superintendent of Documents, United States Government 130, 2000 1999 Edition, may be obtained from the Printing Office, Washington, D.C. 20402, Phone Superintendent of Documents, United States Government (202)512-1800. Printing Office, Washington, D.C. 20402, Phone: (2) The violation of any of the provisions of these rules (202)512-1800. Copies of this uniform regulation are available and regulations is subject to the penalties and remedies from the Division of Standards, Bureau of Weights and provided in the Weights, Measures, and Standards Law, Measures, 3125 Conner Boulevard, Lab #2, Tallahassee, Chapter 531, Florida Statutes. Florida 32399-1650, Phone: (850)488-9140. Specific Authority 531.40, 531.41(3) FS. Law Implemented 531.40 FS. Specific Authority 531.41(3),(4), 531.45 FS. Law Implemented 531.41(3),(4), History–New 1-1-73, Amended 7-1-74, 4-18-75, 1-25-76, 1-17-77, 3-29-78, 531.45 FS. History–New 1-8-90, Amended 6-14-95, 8-27-98, 8-19-99, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-5.01, ________. Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 6-21-94, 8-16-95, 10-8-96, 8-27-98, 8-19-99, ________. DEPARTMENT OF REVENUE DEPARTMENT OF AGRICULTURE AND CONSUMER Sales and Use Tax SERVICES RULE TITLES: RULE NOS.: Specific Exemptions 12A-1.001 Division of Standards Sales and Use Tax on Services; Sale for Resale 12A-1.0161 RULE TITLE: RULE NO.: Exemption Certificates; Suggested Formats 12A-1.038 Adoption of Uniform Methods of Sale 5F-7.005 Sales for Resale 12A-1.039 PURPOSE AND EFFECT: The purpose of this rule is to adopt Public Use Forms 12A-1.097 the most recent national standards for the method of sale of PURPOSE AND EFFECT: The purpose of the proposed commodities established by the National Conference on amendments to Rule 12A-1.001, FAC. (Specific Exemptions); Weights and Measures and published in the 2000 edition of Rule 12A-1.0161, FAC. (Sales and Use Tax on Services; Sale National Institute of Standards and Technology Handbook 130. for Resale); Rule 12A-1.038, FAC. (Exemption Certificates; Adoption of the national standards will make Florida’s Suggested Formats); and Rule 12A-1.097, FAC. (Public Use requirements for methods of sale uniform with the national Forms); and the proposed substantial rewording of Rule standards and facilitate interstate commerce and trade. 12A-1.039, FAC. (Sales for Resale), is to implement ss. 18, 19, SUBJECT AREA TO BE ADDRESSED: The methods of sale 20, 21, 22, 23, and 24, Chapter 99-208, L.O.F. This law allowable for commodities being sold by weight, measure or substantially amended provisions regarding the exemption count. provided for sales made for the purpose of resale. The SPECIFIC AUTHORITY: 531.41(3) FS. proposed amendments will remove obsolete guidelines for LAW IMPLEMENTED: 531.41(4), 531.45 FS. sales to exempt organizations, sales for the purposes of resale, IF REQUESTED AND NOT DEEMED UNNECESSARY BY suggested formats of resale/exemption certificates, and interest THE AGENCY HEAD, A RULE DEVELOPMENT rates for failure to timely pay tax due. WORKSHOP WILL BE HELD AT THE TIME, DATE AND The purpose of the proposed amendments to Rule 12A-1.001, PLACE SHOWN BELOW. FAC. (Specific Exemptions), is to remove provisions regarding TIME AND DATE: 2:00 p.m., Monday, April 24, 2000 sales made directly to the United States Government, a state, PLACE: Division of Standards’ Conference Room, Suite E, county, municipality, or political subdivision and suggested Room 135, Doyle Conner Administration Building, 3125 formats for exemption certificates that will be provided in the Conner Boulevard, Tallahassee, Florida 32399-1650 proposed amendments to Rule 12A-1.038, FAC. THE PERSON TO BE CONTACTED REGARDING THE The purpose of the proposed amendments to Rule 12A-1.0161, PROPOSED RULE DEVELOPMENT IS: Max Gray, Bureau FAC. (Sales and Use Tax on Services; Sale for Resale), is to Chief, Bureau of Weights and Measures, 3125 Conner Blvd., provide current guidelines regarding the sale of taxable Bldg. #2, Tallahassee, FL 32399-1650, (850)488-9140 services for resale and to remove obsolete guidelines regarding sales to exempt organizations. Guidelines regarding sales to THE PRELIMINARY TEXT OF THE PROPOSED RULE exempt organizations and the suggested formats for exemption DEVELOPMENT IS: certificates are provided in the proposed amendments to Rule 5F-7.005 Adoption of Uniform Methods of Sale. 12A-1.038, FAC. Guidelines regarding sales for the purpose of The Florida Department of Agriculture and Consumer Services resale are provided in the proposed substantial rewording of hereby adopts the Uniform Regulation for the Method of Sale Rule 12A-1.039, FAC. of Commodities, as published by the United States Department The purpose of the proposed amendments to Rule 12A-1.038, of Commerce, National Institute of Standards and Technology, FAC.