Agriculture and Food, Regulatory Services

Rule R70-930

Method of Sale of Commodities

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35127
Filed: 08/11/2011 07:26:18 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 4-9-2 authorizes the Department to make and enforce such rules as in its judgement are necessary to administer and enforce Title 4, Chapter 9. Section 4-9-5.3, "Adopting uniform regulation for the method of sale of commodities," allows us to have these modifications: "unless modified by the department, the Uniform Regulation for the the Method of Sale of Commodities, adopted by the National Conference on Weights and Measures, in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale of commodities in the state."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments in support or opposing this rule have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This regulation requires accurate and adequate information about commodities so purchasers can make price and quantity comparisons. This permits fair competition among businesses, and provides uniformity and protection to consumers in commercial weights and measures practices. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [email protected]
• Brett Gurney at the above address, by phone at 801-538-7158, by FAX at 801-538-7126, or by Internet E-mail at [email protected]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [email protected]
• Richard Clark at the above address, by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at [email protected]

Authorized by:

Leonard Blackham, Commissioner

Effective:

08/11/2011