(1) "Bureau" means the weights and measures bureau of the Montana department of labor and industry.

(2) "Commercial weighing or measuring device" means:

(a) any weight, measure, weighing or measuring device commercially used to establish:

(i) the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption that are offered or sold; or

(ii) any basic charge of payment for services rendered on the basis of weight or measure; and

(b) any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device.

(3) "NIST" means the national institute of standards and technology of the United States department of commerce.

(4) "Registered service agency" means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial weighing or measuring device, and that voluntarily registers itself as such with the bureau.

(5) "Registered serviceperson" means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial weighing or measuring device, and who voluntarily applies for registration with the bureau.

(1) The bureau, with the advice and counsel of NIST, adopts the specifications, tolerances, and requirements for commercial weighing and measuring devices published in NIST Handbook 44, 2012 edition, as the specifications, tolerances, and requirements for commercial weighing and measuring devices for Montana with the following exception:

(a) Section 3.31, Vehicle Tank Meters Code, UR.2.2. Ticket Printer; Customer Tickets is not adopted or enforced.

(2) A copy of NIST Handbook 44 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference of Weights and Measures, Gaithersburg, MD 20899-0001. The web site is www.nist.org.

(1) The bureau adopts and incorporates by reference the Uniform Regulation for National Type Evaluation, as found in NIST Handbook 130, 2012 edition, and is adopted in its entirety with the following modifications:

(a) in Section 2.3, the term "director" is replaced by the term "bureau chief" and refers to the bureau chief of the bureau;

(b) in Section 4, (c) through (g), insert in all blank spaces the date of January 1, 1999; and

(c) in Section 7, insert in the blank space January 1, 1999, for the effective date for this regulation.

(2) A copy of NIST Handbook 130 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference of Weights and Measures, Gaithersburg, MD 20899-0001. The web site is www.nist.org.

(1) The net weight of any commodity, including raw logs, grain, and quarried rock, transported by any combination of truck, truck tractor, trailer, or semi-trailer, may be determined by split weighing on a scale licensed by the bureau.

(2) There must be a written agreement for loads that are split weighed and it must contain the following information:

(a) names of both the vendor and purchaser;

(b) agreement by the vendor and purchaser that the net weights of the loads covered by the agreement will be determined by split weighing;

(c) commodity covered by the agreement; and

(d) time period covered by the written agreement.

(3) A copy of the agreement must accompany each load that is split weighed.

(4) For purposes of this rule, the weigh ticket must include the following information:

(a) name of the scale operator;

(b) date;

(c) location and address of the scale; and

(d) clear indication the load was split weighed.

(5) The following information must be on the weigh ticket or on a separate signed supplemental document that must be attached to the weigh ticket and accompany the product while being delivered. The scale operator must certify for each load:

(a) each axle of the vehicle or combination of vehicles rests on a straight surface that is level with the deck of the vehicle scale; or, if not level, the amount by which the deck of the scale is not level does not exceed 1/3 inch per foot of distance between the deck of the vehicle scale and the axle;

(b) the brakes of the vehicle or combination of vehicles were not used while the vehicle was being weighed; and

(c) the transmission of the vehicle or combination of vehicles was in neutral.

(6) A copy of each weigh ticket, and supplemental documents if applicable, must be submitted to the bureau within ten days after the last day of the month the load(s) were split weighed.

(1) Special inspection fees are as follows:

(a) units over 5000 pounds of testing weights, $2.50 per mile, measured by the distance the bureau's employee travels in connection with the special inspection;

(b) all other units, $1.25 per mile, as measured by the distance the bureau's employee travels in connection with the special inspection; and

(c) time for testing by inspection, $75 per hour.

(2) Where fees are not paid within 30 days after the special inspection, the bureau may seal and remove from service the device in question, until such fees have been paid. The bureau will coordinate the special inspections, whenever possible, with other inspection activities in an effort to keep charges as reasonable as possible.

(a) each gasoline meter, diesel meter, compressed natural

gas dispenser or fuel oil meter with a listed maximum delivery rate

of 20 or less gallons per minute (gpm) $21

(b) each petroleum vehicle tank meter or stationary petroleum

meter with a maximum listed delivery rate of between 130 gpm and

20 gpm 70

(c) each petroleum vehicle tank meter or stationary petroleum

meter with a maximum listed delivery of over 130 gpm 83

(d) each liquefied petroleum gas (LPG) meter 102

(2) Weighing device license fees are as provided in 30-12-203 , MCA.

This rule has been repealed.

(1) All permanently installed stock scales must be provided with a landing or access to the scale, having a width at least equal to the width of the scale platform and a length of at least five feet from the scale platform enclosure. The landing must be level with the deck of the scale platform and be constructed of concrete.

(2) A pathway must be provided to the scale access such that the test vehicle will not become mired down and such that the test vehicle can be parked in a relatively level position, both horizontally and vertically. The pathway is required to have a width of from ten to twelve feet and a height clearance of at least fourteen feet. This pathway must be continuous to the scale access concrete. All gates in the pathway must be in good working order.

(3) Portable livestock scales must be located on level ground and be provided with a temporary landing or access to the scale, having a width at least equal to the width of the scale platform, having a length of at least five feet from the scale platform enclosure, be level with the deck of the scale platform, and be constructed of materials sufficient to support a test vehicle.

(1) No new installations or replacements of vehicle or livestock scales may be placed in a pit where the clearance from the floor of the pit to the bottom of the I-beams is less than 42 inches.

(2) Scale pits are not required for fully electronic scales, unless the pit is necessary for the installation, operation, or maintenance of the particular scale.

(3) Electronic scales which do not require a pit for their installation, operation, or maintenance must be installed in strict compliance with the manufacturer's specification for each specific model and with the requirements of NIST Handbook 44, 2012 edition.

(4) Scale pits must have concrete walls surrounding the entire pit, substantial in both durability and strength to prevent soil, snow, and other materials from entering the pit area and preventing the scale from operating properly. The requirements of this rule will apply only to those scales installed after its adoption.

(1) The bureau, with the advice and counsel of NIST, adopts the model regulations to provide accurate and adequate information on packages as to the identity and quantity of contents, so that purchasers can make price and quantity comparison. The regulations are published in NIST Handbook 130, 2012 edition, subparts:

(a) Uniform Packaging and Labeling Regulation;

(b) Uniform Regulation for the Method of Sale of Commodities; and

(c) Uniform Unit Pricing Regulation.

(2) A copy of NIST Handbook 130 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference of Weights and Measures, Gaithersburg, Maryland 20899-0001. The web site is www.nist.org.

(2) The state is divided into inspection regions and it is anticipated that each inspection region will complete approximately 50 "package lot" inspections per year in random areas throughout the inspection region.

(3) The package inspections shall include all types of commodities as provided for in Title 30, chapter 12, parts 3 and 4, MCA.

(1) The bureau, with the advice and counsel of NIST, adopts the test methods and procedures as published in NIST Handbook 133, 2011 edition, as the methods and procedures to be used for determining net weight of packaged commodities for Montana.

(a) A copy of NIST Handbook 133 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference of Weights and Measures, Gaithersburg, Maryland 20899-0001. The web site is www.nist.org.

(1) The bureau, with the advice and counsel of NIST, adopts, except as provided in (2), the regulations concerning fuel specifications and gasoline-oxygenate blends. The regulations are published in NIST Handbook 130, 2012 edition, subpart G, Uniform Regulation of Engine Fuels, Petroleum Products, and Automotive Lubricants.

(a) A copy of NIST Handbook 130 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference of Weights and Measures, Gaithersburg, Maryland 20899-0001. The web site is www.nist.org.

(2) The following are the minimum antiknock index requirements for the various grades of gasoline sold in Montana and supersede the minimum requirements contained in paragraph 3.2.5, Table 1, p. 180, of Handbook 130:

(1) All sampling will be done by employees of the bureau. A random sampling of petroleum products of the manufacturer and importer may be made to ensure that proper standards are being met. The bureau may require the cost of testing samples be paid for by the manufacturer or importer.

(2) On complaint of an individual as to standards of a petroleum product, sampling will be made by employees of the bureau. An investigation will be conducted by the bureau to determine if a test is required for the petroleum product in question.

(1) For all wholesale or retail deliveries of petroleum products, including, but not limited to, gasoline, diesel fuel, home heating oil or liquefied petroleum gas (LPG) , delivered to remote locations such as on-farm storage tanks, a receipt, either mechanically printed or handwritten, denoting the date and total gallons delivered into the customer's tank shall be left at either the delivery location or at a location specified by the customer unless a prior agreement has been made with that customer.

(2) This rule does not preclude or limit the right and privilege of any individual or entity not registered with the bureau to install, service, repair or recondition a commercial weighing or measuring device.

(3) The bureau does not guarantee the work or fair dealing of a registered serviceperson or registered service agency.

(4) The bureau shall maintain and make public a list of registered servicepersons and registered service agencies.

(a) The applicant must certify that the individual:

(i) is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered;

(ii) has in possession, or available for use, all necessary testing equipment and standards; and

(iii) has full knowledge of all appropriate weights and measures laws, rules, and regulations.

(b) The individual applicant shall submit appropriate evidence or references demonstrating the applicant's qualifications. The bureau may independently verify the qualifications of each individual applicant.

(2) An individual applicant must have available sufficient standards and equipment to adequately test devices as set forth in the notes section of each applicable code in NIST Handbook 44, 2012 edition, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices." The equipment must meet the applicable specifications of:

(a) NIST Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F)";

(b) NIST Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask"; or

(c) NIST Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards".

(3) Each individual applicant shall complete and pass a written test to determine the applicant's knowledge of the appropriate weights and measures laws, rules, and regulations prior to the issuance by the bureau of the initial certificate of registration.

(a) Subsequent testing and/or continuing education classes may be necessary due to changes in weights and measures laws and rules. Such testing and/or classes shall be given whenever deemed necessary by the bureau. If such subsequent testing is appropriate, the bureau shall provide notice to registered service persons of the subsequent testing prior to the time of the next renewal of the certificate of registration.

(4) There is a $25 fee for registration as a service person.

(5) Upon verification of an individual applicant's qualifications and the applicant successfully passing the examination, the bureau will issue a "certificate of registration" and assign a registration number to the individual.

(6) A certificate of registration expires on December 31, unless revoked earlier for good cause, which shall include, but not be limited to:

(a) taking unfair advantage of an owner of a device;

(b) failure to have test equipment or standards certified;

(c) failure to use adequate testing equipment;

(d) continued failure to submit, or to submit in a timely manner, properly completed placed-in-service reports for new installations or repair of existing devices;

(e) failure to adjust commercial or law enforcement devices to comply with the regulations adopted by the bureau;

(f) nonpayment of calibration or registration fees; or

(g) continued failure to properly seal devices.

(2) The agency applicant must:

(a) certify that it has, or has available to it, sufficient standards and equipment to adequately test devices.  The standards and equipment must conform with the requirements identified in ARM 24.351.1104;

(b) describe the standards and equipment it will use; and

(c) employ at least one individual who is a registered serviceperson, whose registration is recognized in Montana.  The applicant must identify each registered serviceperson it employs who intends to work in Montana.

(3) The bureau may independently verify that the standards and equipment described in the application meet the appropriate standards.

(4) There is a $25 fee for registration as a service agency.

(5) Upon verification of an applicant's qualifications, the bureau will issue a "certificate of registration" and assign a registration number to the service agency.

(6) A certificate of registration expires on December 31, unless revoked earlier for good cause.

(7) A registered service agency must provide the bureau with a written list of the name of each registered serviceperson it employs.  The list must be promptly updated by the registered service agency whenever it adds or loses a registered serviceperson in its employ.

(1) An individual who holds a "certificate of registration":

(a) has the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the bureau;

(b) may place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; and

(c) may place in service, until such time as an official examination can be made, a new or used weighing or measuring device.

(2) A registered service person or registered service agency may not use, in servicing commercial weighing or measuring devices, any standards or testing equipment that have not been certified by the bureau. Equipment calibrated by another state's weights and measures laboratory that can show traceability to the National Institute of Standards and Technology will also be recognized as equipment suitable for use by registered service persons or registered service agencies in this state.

(3) A registered service person or registered service agency is responsible for installing, repairing, and adjusting devices such that the devices are adjusted as closely as practicable to zero error.

(4) A registered service person or registered service agency is responsible for following the testing procedures in the regulations that are adopted by the bureau.

(5) Each registered service person and registered service agency shall execute a "placed-in-service" report when a device is placed in service. The "placed-in-service" report must be on a form provided or approved by the bureau. An agency may request approval of a company form already in use if such form meets bureau standards. Such a form must:

(a) be executed in duplicate;

(b) include the assigned registration number; and

(c) be signed by the registered service person responsible for each:

(i) rejected device restored to service; or

(ii) newly installed device placed in service.

(6) Within five working days after a device is restored to service or placed in service, the original of the properly executed placed-in-service report, together with any official rejection tag removed from the device, must be mailed to the bureau at the Department of Labor and Industry, Weights and Measures Bureau, P.O. Box 200516, Helena, Montana 59620-0516. It is also permissible to fax or e-mail a copy of the original and any removed tags to the bureau, with the registered service agency maintaining the original. The duplicate copy of the report must be given to the owner or operator of the device. The removed rejection tag or original placed-in-service report is not to be left with the owner or operator of the device.

(7) Each registered service person shall have a unique identifier if they place devices into service that can be physically sealed. Unique identifiers for new service persons registered after January 1, 2013 shall have the service person's registration number that is provided by the bureau. For devices with internal controls, and thus cannot be physically sealed, the registered service person shall place a sticker or label on the device bearing their name, company name, and the date the device was placed into service.

(1) An existing certificate of registration may be renewed annually by a qualified individual or agency upon payment of the applicable renewal fee:

(a) service person $25.00

(b) service agency 25.00

(c) late renewal fee 12.50

(2) A registered service person and a registered service agency shall submit, at least biennially or every two years, to the bureau for examination and certification, any standards and testing equipment that are used or are to be used in the performance of the service and testing functions, with respect to weighing and measuring devices for which competence is registered. Failure to timely submit suitable standards and testing equipment may disqualify the individual or agency from renewing the certificate of registration.

(3) Renewals received by the bureau 30 days past the due date are subject to a late fee.