Sec. 16. (a) The state department may adopt emergency rules under IC 4-22-2-37.1 to establish standards for weights and measures to be used by the state department. A standard adopted under this section must be the same as or at least as effective as the standards adopted by the National Conference on Weights and Measures, including amendments to those standards in effect on June 30, 1993, and found in:
(1) Handbook 44: Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices;
(2) Handbook 130: Chapter A, Uniform Packaging and Labeling Regulation;
(3) Handbook 130: Chapter B, Uniform Regulation for the Method of Sale of Commodities, except for Section 2.20; and
(4) Handbook 133: Checking the Net Contents of Packaged Goods;
all published by the National Institute of Standards and Technology.
(b) The state department may determine when an amendment to federal standards described in subsection (a) has been adopted. If the state department determines that an amendment to the federal standards has been adopted, the state department may adopt emergency rules under IC 4-22-2-37.1 to amend the rules adopted by the state department under subsection (a). An emergency rule adopted under this subsection must provide a standard that is:
(1) the same as; or
(2) at least as effective as;
the amendment to the federal standards for weights and measures. An emergency rule adopted under this subsection must take effect not later than sixty (60) days after the date of publication of the amendment to the federal standards.
As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994, SEC.1.
Structure Indiana Code
Article 6. Weights, Measures, and Labeling
Chapter 3. State and Local Weights and Measures Program
24-6-3-1. Weights and Measures Furnished by United States Government
24-6-3-2. Division of Weights and Measures; Powers and Duties
24-6-3-3. County Inspectors; Appointment; Compensation
24-6-3-4. City Inspectors; Appointment, Service and Removal
24-6-3-5. Powers and Duties of County and City Inspectors
24-6-3-6. Qualifications of Inspectors; Discharge and Removal
24-6-3-7. Inspection of Devices; Confirmation to Legal Standards; Tagging Nonconforming Devices
24-6-3-8. Seizure of Nonconforming Devices
24-6-3-9. Entry Without Warrant; Prosecution; Hindrance of Inspector
24-6-3-10. Commodity Sold by Numerical Count; Weight per Ton
24-6-3-10.5. Items That May Be Sold as Unweighed, Uncounted Units
24-6-3-11. Use or Retention of False Scales; Removal of Tag
24-6-3-13. Weighmaster; Appointment; Powers and Duties
24-6-3-16. Standards for Weights and Measures; Emergency Rule Adoption; Federal Standards