SUBSTITUTE HOUSE BILL 1856
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Revenue (originally sponsored by Representatives Wang and Holland; by request of Department of Agriculture and Office of Financial Management).
Read first time March 11, 1991.
AN ACT Relating to weights and measures; amending RCW 19.94.010, 19.94.150, 19.94.160, 19.94.180, 19.94.190, 19.94.200, 19.94.215, 19.94.220, 19.94.240, 19.94.250, 19.94.260, 19.94.290, 19.94.300, 19.94.330, 19.94.340, 19.94.350, 19.94.420, 19.94.440, 19.94.450, 19.94.480, 19.94.490, 19.94.500, 19.94.505, and 19.94.510; adding new sections to chapter 19.94 RCW; adding a new section to chapter 15.80 RCW; creating new sections; repealing RCW 19.94.020, 19.94.030, 19.94.040, 19.94.050, 19.94.060, 19.94.070, 19.94.080, 19.94.090, 19.94.100, 19.94.110, 19.94.120, 19.94.130, 19.94.140, and 19.94.270; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The accuracy of devices used for weighing and measuring in commerce in the state of Washington is important and affects every citizen and is hereby declared to be a business affected with the public interest. Fair weights and measures are equally important to the business person and the consumer. The provisions of this chapter are enacted to safeguard the consuming public and to ensure that merchants receive proper compensation for the goods they deliver.
Sec. 2. RCW 19.94.010 and 1969 c 67 s 1 are each amended to read as follows:
used in this chapter shall have the meaning given to them in RCW 19.94.020
through 19.94.130 unless where used the context shall clearly indicate to the
contrary.)) (1) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Department" means the department of agriculture of the state of Washington.
(b) "Director" means the director of the department or his or her duly appointed representative.
(c) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent, or employee thereof.
(d) "Weights and measures" means weights and measures of every kind, instruments and devices for weighing and measuring, and every appliance and accessory associated with any or all such instruments and devices.
(e) "City" means a city with a population of over fifty thousand persons.
(f) "Cord" means the measurement of wood intended for fuel or pulp purposes that is contained in a space of one hundred twenty‑eight cubic feet, when the wood is ranked and well stowed.
(g) "City sealer" means the sealer of weights and measures of a city.
(h) "Ton" means a unit of two thousand pounds avoirdupois weight.
(i) "Commodity in package form" shall be construed to mean a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be a commodity in package form.
(j) "Meat" means and includes all animal flesh, carcasses, or parts of animals, and shall include fish, shellfish, game, poultry, and meat food products of every kind and character, whether fresh, frozen, cooked, cured, or processed.
(k) "Poultry" means all fowl, domestic or wild, that is prepared, processed, sold, or intended or offered for sale.
(l) "Fish" means a water‑breathing animal, including shellfish such as, but not limited to, lobster, clam, crab, or other mollusca that is prepared, processed, sold, or intended or offered for sale.
(2) In rules adopted pursuant to this chapter, the following definitions shall apply:
(a) A "nonconsumer package" or "package of nonconsumer commodity" shall be construed to mean a commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.
(b) A "consumer package" or "package of consumer commodity" shall be construed to mean a commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions.
(c) "Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.
Sec. 3. RCW 19.94.150 and 1969 c 67 s 15 are each amended to read as follows:
system of weights and measures in customary use in the United States and the
metric system of weights and measures are jointly recognized, and either one or
both of these systems shall be used for all commercial purposes in this state.
The definitions of basic units of weight and measure and weights and measures
equivalents, as published by the national ((
bureau of standards)) institute
of standards and technology, are recognized and shall govern weighing and
measuring equipment and transactions in the state.
Sec. 4. RCW 19.94.160 and 1969 c 67 s 16 are each amended to read as follows:
and measures in conformity with the standards of the United States as have been
supplied to the state by the federal government or otherwise obtained by the
state for use as state standards, shall, when the same shall have been
certified as such by the national ((
bureau of standards)) institute
of standards and technology, be the state standards of weight and measure.
The state standards shall be kept in a place designated by the director and
shall not be removed from the said place except for repairs or for
certification: PROVIDED, That they shall be submitted at least once in ten
years to the national (( bureau of standards)) institute of standards
and technology for certification.
Sec. 5. RCW 19.94.180 and 1969 c 67 s 18 are each amended to read as follows:
director shall be the state sealer of weights and measures((,
include all towns and all cities with a population of less than fifty thousand
persons,)) and (( he)) shall have the custody of the state standards
of weights and measures and of the other standards and equipment provided for
in this chapter. The director shall have general supervision over city sealers
of weights and measures and over the weights and measures offered for sale,
sold, or in use in the state.
Sec. 6. RCW 19.94.190 and 1989 c 354 s 36 are each amended to read as follows:
director shall enforce the provisions of this chapter and shall ((
time to time reasonable)) adopt rules for enforcing and carrying out
the purposes of this chapter. Such rules shall have the effect of law and may
include (1) standards of net weight, measure, or count, and reasonable
standards of fill for any commodity in package form, (2) (( rules)) the
governing (( the)) technical and reporting procedures to be followed, and
the report and record forms and marks of rejection to be used by the director
and city sealers in the discharge of their official duties, (3) (( rules))
the governing technical test procedures, reporting procedures, record
and reporting forms to be used by commercial firms when installing, repairing
or testing commercial weights or measures, (4) (( rules providing)) the
criteria that all weights and measures used by commercial firms in
repairing or servicing commercial weighing and measuring devices shall be
calibrated by the department and be directly traceable to state standards and
shall be submitted to the department for calibration and certification as
necessary and/or at such reasonable intervals as may be established or required
by the director, (5) exemptions from the sealing or marking requirements of RCW
19.94.250 with respect to weights and measures of such character or size that
such sealing or marking would be inappropriate, impracticable, or damaging to
the apparatus in question, (6) (( rules)) provisions that allow
the director to establish fees for weighing, measuring, and providing
calibration services performed by the weights and measures laboratory, with all
money collected under this subsection paid to the director and deposited in an
account within the agricultural local fund to be used for the repair and
maintenance of weights and measures devices and other related functions, (7)
exemptions from the requirements of RCW 19.94.200 and 19.94.210 for testing,
with respect to classes of weights and measures found to be of such character
that periodic retesting is unnecessary to continued accuracy. These (( regulations))
rules shall include specifications, tolerances, and (( regulations))
rules for weights and measures of the character of those specified in
RCW 19.94.210, designed to eliminate from use, without prejudice to apparatus
that conforms as closely as practicable to the official standards, those (a)
that are not accurate, (b) that are of such construction that they are faulty,
that is, that are not reasonably permanent in their adjustment or will not
repeat their indications correctly, or (c) that facilitate the perpetration of
fraud. The specifications, tolerances, and (( regulations)) rules
for commercial weighing and measuring devices, together with amendments
thereto, as recommended by the most recent edition of Handbook 44 published
by the national (( bureau of standards Handbook 44, third edition as
published at the time of the enactment of this chapter)) institute of
standards and technology shall be the specifications, tolerances, and
regulations for commercial weighing and/or measuring devices of the state. To
promote uniformity, any supplements or amendments to Handbook 44 or any similar
subsequent publication of the national (( bureau of standards)) institute
of standards and technology shall be deemed to have been adopted under this
section. The director may, however, within thirty days of the publication or
effective date of Handbook 44 or any supplements, amendments, or similar
publications give public notice that a hearing will be held to determine if
such publications should not be applicable under this section. The hearing
shall be conducted under chapter 34.05 RCW. For the purpose of this chapter,
apparatus shall be deemed to be "correct" when it conforms to all
applicable requirements promulgated as specified in this section; all other
apparatus shall be deemed to be "incorrect".
Sec. 7. RCW 19.94.200 and 1969 c 67 s 20 are each amended to read as follows:
director shall test the standards of weight and measure procured by any city
for which the appointment of a sealer of weights and measures is provided by
this chapter, at least once every five years, and shall approve the same when
found to be correct, and ((
he)) the director shall inspect such
standards at least once every two years. (( He)) The director
shall test all weights and measures used in checking the receipt or
disbursement of supplies in every institution for the maintenance of which
moneys are appropriated by the legislature, and (( he)) the director
shall report (( his)) the findings, in writing, to the executive
officer of the institution concerned.
Sec. 8. RCW 19.94.215 and 1990 c 27 s 1 are each amended to read as follows:
railroad track scale owners in this state shall provide suitable facilities for
testing track scales. The department is authorized, after a hearing, upon its
own motion, and after notice to track scale owners, to order the track scale owners
in this state to provide a suitable car or other device or facility to be used
in testing track scales. The cost of providing the car, device, or facility
shall be equitably and reasonably apportioned by the department among all track
scale owners benefiting from the car, device, or facility. The car, device, or
facility shall be used by the department to test the accuracy of all track
scales, and the railroad companies shall without charge, move the car, device,
or facility to locations designated by the department, under such rules as the
department may prescribe. The car, device, or facility may be used in
adjoining states to test railroad track scales and for that purpose may be
taken beyond the limits of the state under such rules for its due care and
return as the department may prescribe. The car, device, or facility may also
be used for the testing of scales other than railroad track scales as
determined to be appropriate by the department. The department is authorized
prescribe and collect a reasonable fee to cover all costs for the
inspection and testing of track scales)) adopt rules to establish a
license fee to cover the costs to carry out the provisions of this section.
The moneys collected by the department shall be placed in an account in the
agriculture local fund.
Sec. 9. RCW 19.94.220 and 1969 c 67 s 22 are each amended to read as follows:
director shall investigate complaints made ((
to him)) concerning
violations of the provisions of this chapter, and shall, upon his or her
own initiative, conduct such investigations as (( he deems)) deemed
appropriate and advisable to develop information on prevailing procedures in
commercial quantity determination and on possible violations of the provisions
of this chapter and to promote the general objective of accuracy in the
determination and representation of quantity in commercial transactions.
Sec. 10. RCW 19.94.240 and 1969 c 67 s 24 are each amended to read as follows:
director shall have the power to issue stop‑use orders, stop‑removal
orders and removal orders with respect to weights and measures being, or
susceptible of being, commercially used, and to issue stop‑removal orders
and removal orders with respect to packages or amounts of commodities kept,
offered, exposed for sale, sold or in process of delivery, whenever in the
course of his or her enforcement of the provisions of this chapter ((
or rules (( and regulations)) adopted hereunder he or she
deems it necessary or expedient to issue such orders. No person shall use,
remove from the premises specified or fail to remove from any premises
specified any weight, measure, or package or amount of commodity contrary to
the terms of a stop‑use order, stop‑removal order or removal order
issued under the authority of this section.
Sec. 11. RCW 19.94.250 and 1969 c 67 s 25 are each amended to read as follows:
director shall reject and mark or tag as "rejected" such weights and
measures as he or she finds upon inspection or test to be
"incorrect" as defined in RCW 19.94.190, but which in his or her
best judgment are susceptible of satisfactory repair: PROVIDED, That such
sealing or marking shall not be required with respect to such weights and
measures as may be exempted therefrom by ((
a regulation)) rule of
the director issued under the authority of RCW 19.94.190. The director may
reject or seize any weights and measures found to be incorrect that, in his or
her best judgment, are not susceptible of satisfactory repair. Weights and
measures that have been rejected may be confiscated and may be destroyed by the
director if not corrected as required by RCW 19.94.330 or if used or disposed
of contrary to the requirements of said section.
Sec. 12. RCW 19.94.260 and 1969 c 67 s 26 are each amended to read as follows:
With respect to the enforcement of this chapter and any other acts dealing with
weights and measures that he or she is, or may be empowered to enforce,
the director is authorized ((
to arrest any violator of the said chapter, and))
to seize for use as evidence incorrect or unsealed weights and measures or
amounts or packages of commodities to be used, retained, offered, exposed for
sale or sold in violation of the law.
the performance of his or her official duties the director is authorized
at reasonable times during the normal business hours of the person using the
weights and measures to enter into or upon any structure or premises where
weights and measures are used or kept for commercial purposes. Should the
director be denied access to any premises or establishment where such access
was sought for the purposes set forth in this section, ((
director may apply to any court of competent jurisdiction for a search
warrant authorizing access to such premises or establishment for said
purposes. The court may, upon such application, issue the search warrant for
the purposes requested.
Sec. 13. RCW 19.94.290 and 1969 c 67 s 29 are each amended to read as follows:
with sureties, to be approved by the appointing power, and conditioned upon the
faithful performance of ((
his)) duties and the safekeeping of any
standards or equipment entrusted to (( his)) the city sealer's
care, shall forthwith, upon his or her appointment, be given by each
city sealer and deputy sealer in the penal sum of one thousand dollars; the
premium on such bond shall be paid by the city for which the officer in
question is appointed.
Sec. 14. RCW 19.94.300 and 1969 c 67 s 30 are each amended to read as follows:
The city sealer and his or her deputy sealers when acting under his or her instructions and at his or her direction shall have the same powers and shall perform the same duties within the city for which appointed as are granted to and imposed upon the director by RCW 19.94.210, 19.94.220, 19.94.230, 19.94.240, and 19.94.250.
Sec. 15. RCW 19.94.330 and 1969 c 67 s 33 are each amended to read as follows:
and measures that have been rejected under the authority of the director or a
city sealer shall remain subject to the control of the rejecting authority
until such time as suitable repair or disposition thereof has been made as
required by this section. The owners of such rejected weights and measures
shall cause the same to be made correct within thirty days or such longer
period as may be authorized by the rejecting authority; or, in lieu of this,
may dispose of the same, but only in such a manner as is specifically
authorized by the rejecting authority. Weights and measures that have been
rejected shall not again be used commercially until they have been officially
and found to be correct or until specific written permission
for such use is issued by the rejecting authority)) or until
standardized corrective measures have been instituted as prescribed by rule as
adopted by the department.
Sec. 16. RCW 19.94.340 and 1969 c 67 s 34 are each amended to read as follows:
in liquid form shall be sold only by liquid measure or by weight, and, except
as otherwise provided in this chapter, commodities not in liquid form shall be
sold only by weight, by measure of length or area, or by count: PROVIDED, That
liquid commodities may be sold by weight and commodities not in liquid form may
be sold by count only if such methods give accurate information as to the
quantity of commodity sold: AND PROVIDED FURTHER, That the provisions of this
section shall not apply (1) to commodities when sold for immediate consumption
on the premises where sold, (2) to vegetables when sold by the head or bunch,
(3) to commodities in containers standardized by a law of this state or by
federal law, (4) to commodities in package form when there exists a general
consumer usage to express the quantity in some other manner, (5) to concrete
aggregates, concrete mixtures, and loose solid materials such as earth, soil,
gravel, crushed stone, and the like, when sold by cubic measure, or (6) to
unprocessed vegetable and animal fertilizer when sold by cubic measure. The
director may issue such reasonable ((
regulations)) rules as are
necessary to assure that amounts of commodity sold are determined in accordance
with good commercial practice and are so determined and represented to be
accurate and informative to all interested parties.
Sec. 17. RCW 19.94.350 and 1969 c 67 s 35 are each amended to read as follows:
as otherwise provided in this chapter, any commodity in package form introduced
or delivered for introduction into or received in intrastate commerce, kept for
the purpose of sale, offered or exposed for sale or sold in intrastate
commerce, shall bear on the outside of the package such definite, plain, and
conspicuous declaration of (1) the identity of the commodity in the package
unless the same can easily be identified through the wrapper or container((
(2) the net quantity of the contents in terms of weight, measure or count; and
(3) in the case of any package not sold on the premises where packed, the name
and place of business of the manufacturer, packer, or distributor, as may be
prescribed by (( regulation)) rule issued by the director:
PROVIDED, That in connection with the declaration required under (( subdivision))
subsection (2) of this section, neither the qualifying term "when
packed" or any words of similar import, nor any term qualifying a unit of
weight, measure, or count (for example, "jumbo", "giant",
"full", "or over", and the like) that tends to exaggerate
the amount of commodity in a package, shall be used: AND PROVIDED FURTHER,
That under (( clause)) subsection (2) of this section the
director shall by (( regulation)) rule establish (a) reasonable
variations to be allowed, (b) exemptions as to small packages and (c)
exemptions as to commodities put up in variable weights or sizes for sale to
the consumer intact and either customarily not sold as individual units or
customarily weighed or measured at time of sale to the consumer.
Sec. 18. RCW 19.94.420 and 1975 1st ex.s. c 51 s 1 are each amended to read as follows:
fluid dairy products, including but not limited to whole milk, skimmed milk,
cultured milk, sweet cream, sour cream and buttermilk and all fluid imitation
and fluid substitute dairy products shall be packaged for retail sale only in
units as provided by the director of the department of agriculture by ((
rule pursuant to the provisions of chapter 34.05 RCW.
Sec. 19. RCW 19.94.440 and 1969 c 67 s 44 are each amended to read as follows:
vehicle delivers to an individual purchaser a commodity in bulk, and the
commodity is sold in terms of weight units, the delivery shall be accompanied
by a duplicate delivery ticket with the following information clearly stated,
in ink or other indelible marking equipment and, in clarity, equal to type or
printing: (1) the name and address of the vendor, (2) the name and address of
the purchaser, and (3) the net weight of the delivery expressed in pounds, and,
if the net weight is derived from determinations of gross and tare weights,
such gross and tare weights also shall be stated in terms of pounds. One of
these tickets shall be retained by the vendor, and the other shall be delivered
to the purchaser at the time of delivery of the commodity, or shall be
surrendered on demand to the director or the deputy director or the inspector,
or the sealer or deputy sealer, who, if he or she desires to retain it
as evidence, shall issue a weight slip in lieu thereof for delivery to the
purchaser: PROVIDED, That if the purchaser himself or herself carries
his)) the purchase, the vendor shall be required only to
give the purchaser at the time of sale a delivery ticket stating the number of
pounds of commodity delivered to (( him)) the purchaser.
Sec. 20. RCW 19.94.450 and 1969 c 67 s 45 are each amended to read as follows:
solid fuels such as, but not limited to, coal, coke, charcoal, broiler chips,
pressed fuels and briquets shall be sold by weight: PROVIDED, That solid fuels
such as hogged fuel, sawdust and similar industrial fuels may be sold or
purchased by cubic measure. Unless the fuel is delivered to the purchaser in
package form, each delivery of coal, coke, or charcoal to an individual
purchaser shall be accompanied by duplicate delivery tickets on which, in ink
or other indelible substance, there shall be clearly stated (1) the name and
address of the vendor; (2) the name and address of the purchaser; and (3) the
net weight of the delivery and the gross and tare weights from which the net
weight is computed, each expressed in pounds. One of these tickets shall be
retained by the vendor and the other shall be delivered to the purchaser at the
time of delivery of the fuel, or shall be surrendered, on demand, to the
director or his or her deputy or inspector or a city sealer or deputy
sealer who, if he or she desires to retain it as evidence, shall issue a
weight slip in lieu thereof for delivery to the purchaser: PROVIDED, That if
the purchaser carries away ((
his)) the purchase, the vendor shall
be required only to give to the purchaser at the time of sale a delivery ticket
stating the number of pounds of fuel delivered to (( him)) the
Sec. 21. RCW 19.94.480 and 1969 c 67 s 48 are each amended to read as follows:
parts of any unit of weight or measure shall mean like fractional parts of the
value of such unit as prescribed or defined in RCW ((
and 19.94.150)) 19.94.010, and all contracts concerning the sale of
commodities and services shall be construed in accordance with this
Sec. 22. RCW 19.94.490 and 1969 c 67 s 49 are each amended to read as follows:
shall be unlawful for any person ((
who shall)) to hinder or
obstruct in any way the director, a city sealer or deputy sealer, in the
performance of his or her official duties(( , shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not
less than twenty dollars or more than two hundred dollars, or by imprisonment
in the county jail for not more than three months, or by both such fine and
imprisonment)). A person who violates this section is subject to a
Sec. 23. RCW 19.94.500 and 1969 c 67 s 50 are each amended to read as follows:
person who shall impersonate in any way the director, or a city sealer or a
deputy sealer, by the use of his or her seal or a counterfeit of his or
her seal, or in any other manner, shall be ((
guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not less than one
hundred dollars or more than five hundred dollars or by imprisonment in the
county jail for not more than one year, or by both such fine and imprisonment))
subject to a civil penalty.
Sec. 24. RCW 19.94.505 and 1984 c 61 s 1 are each amended to read as follows:
It is unlawful for any dealer or service station, as both are defined in RCW 82.36.010, to sell ethanol and/or methanol at one percent, by volume, or greater in gasoline for use as motor vehicle fuel unless the dispensing device has a label stating the type and maximum percentage of alcohol contained in the motor vehicle fuel.
of)) Persons who violate this section (( is a misdemeanor)) are
subject to a civil penalty.
Sec. 25. RCW 19.94.510 and 1969 c 67 s 51 are each amended to read as follows:
person who, by himself or herself, by his or her servant or
agent, or as the servant or agent of another person, performs any one of the
acts enumerated in subsections (1) through (9) ((
below)) of this
section, shall be (( guilty of a misdemeanor and upon a second or
subsequent conviction thereof he shall be guilty of a gross misdemeanor)) subject
to a civil penalty.
(1) Use or have in possession for the purpose of using for any commercial purpose specified in RCW 19.94.210, sell, offer, expose for sale or hire or have in possession for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure.
(2) Use or have in possession for current use in the buying or selling of any commodity or thing, for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight or measurement, or in the determination of weight or measurement when a charge is made for such determination, any incorrect weight or measure.
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.
(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, stamp or mark placed thereon by the director, or a city sealer or deputy sealer.
(5) Sell, offer or expose for sale less than the quantity he or she represents of any commodity, thing or service.
(6) Take more than the quantity he or she represents of any commodity, thing, or service when, as buyer, he or she furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.
(7) Keep for the purpose of sale, advertise, offer or expose for sale or sell any commodity, thing or service in a condition or manner contrary to law or regulation.
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer.
Violate any provision of this chapter or of the rules ((
promulgated)) adopted under the provisions of this chapter for which
a specific penalty has not been prescribed.
NEW SECTION. Sec. 26. No person may operate or use for commercial purposes within the state any weighing or measuring instrument or device as defined in RCW 19.94.010 that is not licensed in accordance with rules established by the director. A license issued under this chapter applies only to the instrument or device specified in the license. However, the department may permit such license to be applicable to a replacement for the original instrument or device.
NEW SECTION. Sec. 27. Commercial weighing or measuring instruments or devices specified in RCW 19.94.010 are exempt from the licensing requirements in section 26 of this act if the following applies: Ownership and use of the instrument or device is limited to federal, state, or local government agencies in performance of official functions.
NEW SECTION. Sec. 28. (1) The license required by section 26 of this act is in addition to any other licenses required by law.
(2) If section 26 of this act is in conflict with any other statutes, ordinances, or regulations, the provisions of section 26 of this act take precedence.
NEW SECTION. Sec. 29. (1) License fees for each type or class of commercial weighing or measuring instrument or device shall be established by the department by rule. The fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of this chapter.
(2) The license fee schedule shall be adopted by rule by the director.
(3) All moneys received by the department under this chapter shall be paid into the weights and measures account.
(4) The application shall be accompanied by the fee established by the director by rule.
(5) The director shall establish by rule an additional fee for any weighing or measuring device specified in this section that is equipped or associated with a remote readout. The additional fee shall apply individually to each remote readout associated with each device.
NEW SECTION. Sec. 30. (1) All weighing and measuring instruments or device licenses issued under this chapter are subject to renewal on an annual basis as prescribed by rule developed by the director.
(2) A license issued under this chapter may be suspended or revoked by the department if the instrument or device is operated or used in violation of this chapter or rules adopted pursuant thereto.
NEW SECTION. Sec. 31. The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid shall not use such weighing or measuring instruments or devices for commercial purposes.
NEW SECTION. Sec. 32. (1) The department shall prescribe such forms, certificates, and identification tags as it considers necessary to carry out the licensing provisions of this chapter.
(2) The department shall provide a certificate or other evidence of device license compliance to each person fulfilling the weighing or measuring device licensing requirements of this chapter.
(3) Application for a weights and measures license shall be made upon a form prescribed and furnished by the department and shall contain such information as the department may require.
NEW SECTION. Sec. 33. (1) Every person who fails to comply with this chapter, or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more than five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may be subject to the penalty provided for in this section.
(2) In addition, the department may employ and attach to the instruments or devices such forms, notices, or security seals as it considers necessary to prevent the continued unauthorized use of the instruments or devices until such owner or operator thereof is in compliance with this chapter.
NEW SECTION. Sec. 34. All license fees, inspection fees, and calibration fees under this chapter shall become due and payable upon billing by the department. A late fee of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears. In addition to any other penalties, the director may refuse to perform any inspection, certification, and/or calibration service for any person in arrears unless the person makes payment in full prior to such inspection, certification and/or calibration.
NEW SECTION. Sec. 35. The department shall provide the city sealer of a first class city the license fees less an administrative cost, at a maximum of ten percent, for the types of devices inspected by the city sealer within that jurisdiction.
NEW SECTION. Sec. 36. A new section is added to chapter 15.80 RCW to read as follows:
All fees and other moneys received by the department under the provisions of this chapter shall be paid into the weights and measures account hereby created in the state treasury. Moneys in the account may be spent only after appropriation by statute and shall be used solely for the purpose of carrying out the provisions of this chapter and the rules adopted hereunder.
NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:
(1) RCW 19.94.020 and 1969 c 67 s 2;
(2) RCW 19.94.030 and 1969 c 67 s 3;
(3) RCW 19.94.040 and 1969 c 67 s 4;
(4) RCW 19.94.050 and 1969 c 67 s 5;
(5) RCW 19.94.060 and 1969 c 67 s 6;
(6) RCW 19.94.070 and 1969 c 67 s 7;
(7) RCW 19.94.080 and 1969 c 67 s 8;
(8) RCW 19.94.090 and 1969 c 67 s 9;
(9) RCW 19.94.100 and 1969 c 67 s 10;
(10) RCW 19.94.110 and 1969 c 67 s 11;
(11) RCW 19.94.120 and 1969 c 67 s 12;
(12) RCW 19.94.130 and 1969 c 67 s 13;
(13) RCW 19.94.140 and 1969 c 67 s 14; and
(14) RCW 19.94.270 and 1969 c 67 s 27.
NEW SECTION. Sec. 38. Sections 26 through 35 of this act are each added to chapter 19.94 RCW.
NEW SECTION. Sec. 39. The department is authorized to adopt rules as necessary to provide for the efficient and speedy implementation of this act.
NEW SECTION. Sec. 40. (1) Sections 1 through 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.
(2) Section 38 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.