Ohio Administrative Code 901:6 — Department of Agriculture | Weights and Measures

Chapter 901:6-1 Handbook 44

Ohio Adm.Code 901:6-1-01 Revision of "Handbook 44".

The revision of the "National Institute of Standards and Technology Handbook 44" made by the "National Conference on Weights and Measures" in 2022 and published in the "National Institute of Standards and Technology Handbook 44," 2023 edition, is hereby adopted in its entirety. The "National Institute of Standards and Technology Handbook 44," is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from:

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated September 28, 2023 at 8:39 AM

History

• Effective: September 28, 2023
• Promulgated Under: 119.03

Chapter 901:6-2 Model State Regulation for National-Type Evaluation

Ohio Adm.Code 901:6-2-01 National type evaluation program.

(A) Application

This regulation applies to any type of device and/ or equipment covered in "National Institute of Standards and Technology (NIST) Handbook 44" (2023 edition) for which evaluation procedures have ben published in the national conference on weights and measures (NCWM), Publication 14, "National Type Evaluation Program, Technical Policy, Checklists, and Test Procedures" (2023 edition).

(B) Definitions

(1) Active certificate of conformance (CC)- a document issued based on testing by a participating laboratory, which the certificate holder maintains in active status under the nation type evaluation program (NTEP). The document constitutes evidence of conformance of a type with the requirements of this document, NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," (2023 edition) and the test procedures contained in NCWM Publication 14. By maintaining the certificate in active status, the certificate holder declares the intent to continue to manufacture or remanufacture the device consistent with the type and in conformance with the applicable requirements. A device is traceable to an active CC if: (a) it is of the same type identified on the certificate, and (b) it was manufactured during the period that the certificate was maintained in active status. For manufacturers of grain moisture meters, maintenance of active status also involves annual participation in the NTEP "Laboratory On-going Calibration Program," OCP (phase II).

(2) Device- a piece of commercial or law enforcement equipment as defined in paragraph (B)(15) of this rule. A device may be a single unit or a combination of separate and compatible main elements. A device includes, at a minimum, those main elements that: (a) perform the measurement, and (b) process the measurement signals up to the first indicated or recorded value of the final quantity upon which the transaction is based.

(3) Director- the director of the Ohio department of agriculture.

(4) Manufactured device- any commercial weighing or measuring device shipped as new from the original equipment manufacturer.

(5) National type evaluation program- a program of cooperation between the NCWM, NIST, other federal agencies, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," (2023 edition) and NCWM, Publication 14, "National Type Evaluation Program, Technical Policy, Checklists, and Test Procedures" (2023 edition).

(6) One-of-a-kind device (non-NTEP)- device designed to meet unique demands for a specific installation and of a specific design which is not commercially available elsewhere (one such device per manufacturer). If a device manufactured for sale by a company has been categorized and tested as a "one-of-a-kind" device and the manufacture then decides to manufacture an additional device or devices of that same type, the device will no longer be considered a "one-of-a-kind" device by a weights and measures jurisdiction in one state and the manufacturer decides to manufacture and install another device of that same type in another state. In this case, the manufacturer of the device must request an NTEP evaluation on the device through the normal application process unless NTEP has already deemed that such evaluation will not be conducted.

(7) Participating laboratory- any state measurement laboratory or state weights and measures agency or other laboratory that has been authorized to conduct a type evaluation under the NTEP.

(8) Person- both singular and plural, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

(9) Remanufactured device- a device that is disassembled, checked for wear, parts replaced or fixed, reassembled and made to operate like a new device of the same type.

(10) Remanufactured element- an element that is disassembled, checked for wear, parts replaced or fixed, reassembled, and made to operate like a new element of the same type.

(11) Repaired device- a device to which work is performed that brings the device back into proper operating condition.

(12) Repaired element- an element on which work is performed that brings the element back into proper operating condition.

(13) Type- a model or models of a particular device, measurement instrument, instrument, or element that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance.

(14) Type evaluation- the testing, examination and/or evaluation of a type by a participating laboratory under the national type evaluation program.

(15) Commercial and law enforcement equipment; that is:

(a) Commercial weighing and measuring equipment:

(i) Weights and measures and weighing and measuring devices used or employed:

(a) In establishing the size, quantity, extent area, composition (limited to meat and poultry), constituent values (limited to grain), or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award;

(b) When assessing a fee for the use of the equipment to determine a weight or measure;

(c) In determining the basis of an award using count, weight, or measure; or

(d) in computing any basic change or payment for services rendered based on weight or measure.

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

(b) Law enforcement equipment; that is:

Weighing and measuring equipment in official use for the enforcement of law or the collection of statistical information by government agencies.

(C) The director shall require a device to be traceable to an active certificate of conformance (CC) prior to its installation or use for commercial or law enforcement purposes. If the device consists of separate and compatible main elements, each main element shall be traceable to a CC. A device is traceable to a CC if:

(1) It is identified on the certificate; and

(2) It was manufactured during the period that the certificate was maintained in active status.

(D) Prohibited acts and exceptions:

(1) Except for a device exempted by this section, no person shall sell a device unless it is traceable to an active CC.

(2) Except for a device exempted by this section, no person shall use a device unless it is traceable to an active CC.

(3) A device in service in Ohio prior to any certificate of conformance requirement that meets the specifications, tolerances, and other technical requirements of NIST Handbook 44 is not required to be traceable to an active CC.

(4) A device in service in Ohio prior to any certificate of conformance requirement that is removed from service by the owner and returned to service at a later date shall meet all specifications, tolerances, and other technical requirements of NIST Handbook 44 (2023 edition) effective on the date of the return to service is not required to be traceable to an active CC.

(5) A device in service in Ohio prior to any certificate of conformance requirement which is later repaired shall meet the specifications, tolerances, and other technical requirements of NIST Handbook 44 (2023 edition) but is not required to be traceable to an active CC.

(6) A device in service in Ohio prior to any certificate of conformance requirement that is still in use may be installed at another location in Ohio provided the device meets requirements in effect as of the date of installation in the new location; however, the device is not required to be traceable to an active CC.

(7) A device in service in another state prior to any certificate of conformance requirement may be installed in Ohio; however, the device shall meet the specifications, tolerances, and technical requirements for weighing and measuring devices in NIST Handbook 44 (2023 edition) and be traceable to an active CC.

(8) The director may accept the design of a one-of-a-kind device without an NTEP evaluation pending inspection and performance testing to satisfy that the device complies with NIST Handbook 44 (2023 edition) and is capable of performing within the Handbook 44 requirements for a reasonable period of time under normal conditions of use. Indicators and load cells in all "one-of-a-kind" scale installations must have an active NTEP CC as evidence that the system meets the influence factor requirements of NIST Handbook 44 (2023 edition).

(9) If a person makes changes to a device to the extent that the metrological characteristics are changed, that specific device is no longer traceable to the active CC.

(10) If a person repairs or remanufactures a device, they are obligated to repair or remanufacture it consistent with the manufacturer's original design; otherwise, that specific device is no longer traceable to an active CC.

(11) The manufacturer who copies the design of a device that is traceable to an active CC, but which is made by another company, must obtain a separate CC for the device. The CC for the original device does not apply to the copy.

(12) If a person buys a load cell(s) and an indicating element that are traceable to CCs and then manufactures a device from the parts, that person shall obtain an active CC for the device.

(E) The director is authorized to:

(1) Operate a participating laboratory as part of the national type evaluation program. In this regard, the director is authorized to charge and collect fees for type evaluation services.

(2) Cooperate with and enter into agreements with any person in order to carry out the purposes of this rule.

(F) All provisions of all orders and rules heretofore issued on this same subject that are contrary to or inconsistent with the provisions of this rule are hereby revoked.

Last updated December 29, 2023 at 8:37 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-3 Labeling and Packaging

Ohio Adm.Code 901:6-3-01 Labeling and packaging.

The "National Institute of Standards and Technology Handbook 130, Chapter IV Uniform Regulations, Section A Uniform Packaging and Labeling Regulation" (2023 edition) is hereby adopted in its entirety and is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated December 29, 2023 at 8:38 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-4 Registration of Weighing or Measuring Devices

Ohio Adm.Code 901:6-4-01 Device registration and permitting.

(A) Application.

This rule applies only to commercially used weighing and measuring devices that are permitted pursuant to section 1327.501 of the Revised Code.

(B) The director may deny a device registration if:

(1) The device is not compliant with applicable requirements of "NIST handbook 44" as adopted in rule 901:6-1-01 of the Administrative Code;

(2) The device is not traceable to a certificate of conformance prior to use for commercial or law enforcement purposes as identified in rule 901:6-2-01 of the Administrative Code;

(3) The device does not have an identified marking such as a serial or identification number;

(4) The device is not making the final validation of the transaction;

(5) The device registration fee has not been paid; or,

(6) The device owner has violated any section of 1327.501 of the Revised Code.

(C) The director may conduct inspections and performance testing on any commercial devices that require a device registration permit under section 1327.501 of the Revised Code.

(D) The director will afford an opportunity for a hearing in accordance with Chapter 119. of the Revised Code to any owner that is denied a permit under this rule and who requests such hearing.

(E) The department may assess a late penalty of twenty dollars, if a renewal fee is more than sixty days past due.

Last updated December 29, 2023 at 8:38 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:6-1-01

The revision of the "National Institute of Standards and Technology Handbook 44" made by the "National Conference on Weights and Measures" in 2022 and published in the "National Institute of Standards and Technology Handbook 44," 2023 edition, is hereby adopted in its entirety. The "National Institute of Standards and Technology Handbook 44," is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from:

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated September 28, 2023 at 8:39 AM

History

• Effective: September 28, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:6-2-01

(A) Application

This regulation applies to any type of device and/ or equipment covered in "National Institute of Standards and Technology (NIST) Handbook 44" (2023 edition) for which evaluation procedures have ben published in the national conference on weights and measures (NCWM), Publication 14, "National Type Evaluation Program, Technical Policy, Checklists, and Test Procedures" (2023 edition).

(B) Definitions

(1) Active certificate of conformance (CC)- a document issued based on testing by a participating laboratory, which the certificate holder maintains in active status under the nation type evaluation program (NTEP). The document constitutes evidence of conformance of a type with the requirements of this document, NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," (2023 edition) and the test procedures contained in NCWM Publication 14. By maintaining the certificate in active status, the certificate holder declares the intent to continue to manufacture or remanufacture the device consistent with the type and in conformance with the applicable requirements. A device is traceable to an active CC if: (a) it is of the same type identified on the certificate, and (b) it was manufactured during the period that the certificate was maintained in active status. For manufacturers of grain moisture meters, maintenance of active status also involves annual participation in the NTEP "Laboratory On-going Calibration Program," OCP (phase II).

(2) Device- a piece of commercial or law enforcement equipment as defined in paragraph (B)(15) of this rule. A device may be a single unit or a combination of separate and compatible main elements. A device includes, at a minimum, those main elements that: (a) perform the measurement, and (b) process the measurement signals up to the first indicated or recorded value of the final quantity upon which the transaction is based.

(3) Director- the director of the Ohio department of agriculture.

(4) Manufactured device- any commercial weighing or measuring device shipped as new from the original equipment manufacturer.

(5) National type evaluation program- a program of cooperation between the NCWM, NIST, other federal agencies, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," (2023 edition) and NCWM, Publication 14, "National Type Evaluation Program, Technical Policy, Checklists, and Test Procedures" (2023 edition).

(6) One-of-a-kind device (non-NTEP)- device designed to meet unique demands for a specific installation and of a specific design which is not commercially available elsewhere (one such device per manufacturer). If a device manufactured for sale by a company has been categorized and tested as a "one-of-a-kind" device and the manufacture then decides to manufacture an additional device or devices of that same type, the device will no longer be considered a "one-of-a-kind" device by a weights and measures jurisdiction in one state and the manufacturer decides to manufacture and install another device of that same type in another state. In this case, the manufacturer of the device must request an NTEP evaluation on the device through the normal application process unless NTEP has already deemed that such evaluation will not be conducted.

(7) Participating laboratory- any state measurement laboratory or state weights and measures agency or other laboratory that has been authorized to conduct a type evaluation under the NTEP.

(8) Person- both singular and plural, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

(9) Remanufactured device- a device that is disassembled, checked for wear, parts replaced or fixed, reassembled and made to operate like a new device of the same type.

(10) Remanufactured element- an element that is disassembled, checked for wear, parts replaced or fixed, reassembled, and made to operate like a new element of the same type.

(11) Repaired device- a device to which work is performed that brings the device back into proper operating condition.

(12) Repaired element- an element on which work is performed that brings the element back into proper operating condition.

(13) Type- a model or models of a particular device, measurement instrument, instrument, or element that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance.

(14) Type evaluation- the testing, examination and/or evaluation of a type by a participating laboratory under the national type evaluation program.

(15) Commercial and law enforcement equipment; that is:

(a) Commercial weighing and measuring equipment:

(i) Weights and measures and weighing and measuring devices used or employed:

(a) In establishing the size, quantity, extent area, composition (limited to meat and poultry), constituent values (limited to grain), or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award;

(b) When assessing a fee for the use of the equipment to determine a weight or measure;

(c) In determining the basis of an award using count, weight, or measure; or

(d) in computing any basic change or payment for services rendered based on weight or measure.

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

(b) Law enforcement equipment; that is:

Weighing and measuring equipment in official use for the enforcement of law or the collection of statistical information by government agencies.

(C) The director shall require a device to be traceable to an active certificate of conformance (CC) prior to its installation or use for commercial or law enforcement purposes. If the device consists of separate and compatible main elements, each main element shall be traceable to a CC. A device is traceable to a CC if:

(1) It is identified on the certificate; and

(2) It was manufactured during the period that the certificate was maintained in active status.

(D) Prohibited acts and exceptions:

(1) Except for a device exempted by this section, no person shall sell a device unless it is traceable to an active CC.

(2) Except for a device exempted by this section, no person shall use a device unless it is traceable to an active CC.

(3) A device in service in Ohio prior to any certificate of conformance requirement that meets the specifications, tolerances, and other technical requirements of NIST Handbook 44 is not required to be traceable to an active CC.

(4) A device in service in Ohio prior to any certificate of conformance requirement that is removed from service by the owner and returned to service at a later date shall meet all specifications, tolerances, and other technical requirements of NIST Handbook 44 (2023 edition) effective on the date of the return to service is not required to be traceable to an active CC.

(5) A device in service in Ohio prior to any certificate of conformance requirement which is later repaired shall meet the specifications, tolerances, and other technical requirements of NIST Handbook 44 (2023 edition) but is not required to be traceable to an active CC.

(6) A device in service in Ohio prior to any certificate of conformance requirement that is still in use may be installed at another location in Ohio provided the device meets requirements in effect as of the date of installation in the new location; however, the device is not required to be traceable to an active CC.

(7) A device in service in another state prior to any certificate of conformance requirement may be installed in Ohio; however, the device shall meet the specifications, tolerances, and technical requirements for weighing and measuring devices in NIST Handbook 44 (2023 edition) and be traceable to an active CC.

(8) The director may accept the design of a one-of-a-kind device without an NTEP evaluation pending inspection and performance testing to satisfy that the device complies with NIST Handbook 44 (2023 edition) and is capable of performing within the Handbook 44 requirements for a reasonable period of time under normal conditions of use. Indicators and load cells in all "one-of-a-kind" scale installations must have an active NTEP CC as evidence that the system meets the influence factor requirements of NIST Handbook 44 (2023 edition).

(9) If a person makes changes to a device to the extent that the metrological characteristics are changed, that specific device is no longer traceable to the active CC.

(10) If a person repairs or remanufactures a device, they are obligated to repair or remanufacture it consistent with the manufacturer's original design; otherwise, that specific device is no longer traceable to an active CC.

(11) The manufacturer who copies the design of a device that is traceable to an active CC, but which is made by another company, must obtain a separate CC for the device. The CC for the original device does not apply to the copy.

(12) If a person buys a load cell(s) and an indicating element that are traceable to CCs and then manufactures a device from the parts, that person shall obtain an active CC for the device.

(E) The director is authorized to:

(1) Operate a participating laboratory as part of the national type evaluation program. In this regard, the director is authorized to charge and collect fees for type evaluation services.

(2) Cooperate with and enter into agreements with any person in order to carry out the purposes of this rule.

(F) All provisions of all orders and rules heretofore issued on this same subject that are contrary to or inconsistent with the provisions of this rule are hereby revoked.

Last updated December 29, 2023 at 8:37 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-5 Retail Sales of Motor Fuel

Ohio Adm.Code 901:6-5-01 Definitions.

(A) "Biodiesel" means a fuel comprised of at least ninety-nine per cent by volume mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100 or B99.

(B) "Biodiesel blend" means a fuel comprised of a blend of biodiesel with hydrocarbon diesel fuel.

(C) "Compressed natural gas (CNG)" means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as a motor fuel.

(D) "Diesel exhaust fluid (DEF)" means a preparation of aqueous urea [(NH2)2CO], containing 32.5 per cent by mass of technically-pure urea in high-purity water with quality characteristics defined by the latest version of "ISO 22241, Diesel engines - NOx reduction agent AUS 32" (edition 2019).

(E) "Diesel fuel" means a refined hydrocarbon suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine that may contain a combination of biodiesel, renewable diesel, and fuel additives.

(F) "Diesel gallon equivalent (DGE)" means 6.384 pounds of compressed natural gas or 6.059 pounds of liquefied natural gas.

(G) "Electric vehicle" means an automobile that is propelled by one or more electric motors using electrical energy stored in rechargeable batteries or another energy storage device.

(H) "Ethanol" also known as "ethyl alcohol" means an ethanol blend component for use in gasoline-ethanol blends by blending denatured fuel ethanol.

(I) "Ethanol flex fuel" means a blend of ethanol and hydrocarbons restricted for use as fuel in ground vehicles equipped with flexible fuel spark ignition engines.

(J) "Gasoline" means a volatile mixture of liquid hydrocarbons containing small amounts of additives suitable for use as a fuel in a spark-ignition internal combustion engine.

(K) "Gasoline-Oxygenate Blend" means a fuel consisting primarily of gasoline along with a substantial amount (more than 1 percent by volume oxygenate, or more than 0.3 per cent by volume methanol) not to exceed the total oxygen content permitted by applicable laws and regulations. Examples of oxygenates used in gasoline-alcohol blends are ethanol and butanol.

(L) "Gasoline gallon equivalent (GGE)" means 2.567 kilograms or 5.660 pounds of compressed natural gas.

(M) "Hydrogen fuel" means a fuel composed of molecular hydrogen intended for consumption in a surface vehicle or electricity production device with an internal combustion engine or fuel cell.

(N) "Internal combustion engine" means a device used to generate power by converting chemical energy bound in the fuel via spark-ignition or compression ignition combustion into mechanical work to power a vehicle or other device.

(O) "Liquefied natural gas (LNG)" means natural gas that has been liquefied at minus one hundred sixty-two degrees Celsius or two hundred sixty degrees Fahrenheit and stored in insulated cryogenic tanks for use as a motor fuel.

(P) "Liquefied petroleum gas (LPG)" means a mixture of normally gaseous hydrocarbons, predominantly propane, or butane, or both, that has been liquefied by compression, or cooling, or both to facilitate storage, transport, and handling.

(Q) "Motor fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engines or electrical energy used to power electrical vehicles.

(R) "Street sign" means a displayed structure bearing letters and symbols used to advertise the retail sale of motor fuel.

Last updated December 29, 2023 at 8:39 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:6-5-02 Retail sale of fuels.

(A) Street signage is not required. However, when street signage is used, the sign shall match the product and the price at which the product is displayed.

(1) In the event of a pre or post delivery discount, the highest price available to all consumers shall be posted.

(2) In the event the price is determined by a qualifier, the qualifier must be on the street sign, such as cash or credit, using the highest price available to all consumers.

(3) In the event of a price increase, the price must be changed on the sign prior to the pump, if not simultaneously.

(4) In the event of a price decrease, the price must be changed on the pump prior to the sign, if not simultaneously.

(B) Each retail motor fuel metering device shall:

(1) Display the unit price;

(2) Display the product identity by name, symbol, abbreviation, or code number;

(3) Indicate the amount of fuel delivered during a single retail transaction; and

(4) Indicate the total selling price for a single retail transaction.

(C) Ethanol flex fuel shall be identified as "Ethanol Flex Fuel or EXX Flex Fuel" and labeled in accordance with the 16 C.F.R. Part 306 (2016), federal trade commission, automotive fuel ratings, certification and posting.

(D) Biodiesel shall be identified by the term "Biodiesel" with the designation "B100"or "B99." Biodiesel blends shall be identified by the term "Biodiesel Blend." Biodiesel and biodiesel blends shall be labeled with its automotive fuel rating in accordance with 16 C.F.R. Part 306 (2016). Biodiesel blends that contain less than or equal to five per cent biodiesel by volume are exempt from these requirements when it is sold as diesel fuel.

(E) Liquefied petroleum gas.

(1) Liquefied petroleum gas, including, but not limited to propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by one of the following measurements:

(a) Pound;

(b) Metered cubic foot of vapor which is defined as one cubic foot at sixty degrees Fahrenheit or 15.6 degrees Celsius; or

(c) Gallon which is defined as two hundred thirty-one cubic inches at sixty degrees Fahrenheit or 15.6 degrees Celsius.

(2) All metered sales by the gallon, except those using meters with a maximum rated capacity of twenty gallons per minute or less, shall be accomplished by use of a meter and device that automatically compensates for temperature.

(F) All compressed natural gas kept, offered, or exposed for sale and sold at retail as a motor fuel shall be measured in terms of mass and indicated in the gasoline gallon equivalents (GGE), diesel gallon equivalents (DGE) units, or mass.

All retail compressed natural gas dispensers shall be labeled with the equivalent conversion factor in terms of pounds (lb). The label shall be permanently and conspicuously displayed on the face of the dispenser and shall have the statement "1 Gasoline Gallon Equivalent (GGE) means 5.660 lb of Compressed Natural Gas" or "1 Diesel Gallon Equivalent DGE means 6.384 lb of Compressed Natural Gas" consistent with the method of sale used.

(G) All liquefied natural gas kept, offered, or exposed for sale and sold at retail as a motor fuel shall be measured in mass and indicated in diesel gallon equivalent (DGE) or units of mass.

All retail liquefied natural gas dispensers shall be labeled with the equivalent conversion factor in terms of pounds (lb). The label shall be permanently and conspicuously displayed on the face of the dispenser and shall have the statement "1 Diesel Gallon Equivalent (DGE) means 6.059 lb of Liquefied Natual Gas."

(H) All hydrogen fuel kept, offered, or exposed for sale and sold at retail shall be in mass units in terms of the kilogram. The symbol for hydrogen motor fuel shall be in the capital letter "H." The word "hydrogen" may also be used.

(1) A computing dispenser must display the unit price in whole cents on the basis of price per kilogram.

(2) The service pressures of the dispenser must be conspicuously shown on the user interface in bar or the SI unit of pascal (Pa) (e.g., MPa).

(3) The product identity must be shown in a conspicuous location on the dispenser.

(4) Hydrogen shall be labeled in accordance with 16 C.F.R. 309 - FTC labeling alternative fuels (2013) and with the national fire protection association (NFPA) labeling requirements (www.nfpa.org).

(5) Street signage or advertisements must include the service pressure (expressed in megapascals) at which the dispenser(s) delivers hydrogen fuel (e.g., H35 or H70). The unit price on street signage or advertisements must be in terms of price per kilogram in whole cents (e.g., 3.49 per kg, not 3.499 per kg).

(I) All electrical energy kept, offered, or exposed for sale and sold at retail as a motor fuel shall be in units in terms of the kilowatt-hour (kWh). In addition to the fee assessed for the quantity of electrical energy sold, fees may be assessed for other services; such fees may be based on time measurement and/or a fixed fee.

(1) A computing electric vehicle supply equipment (EVSE) shall display the unit price in whole cents (e.e., 0.12) or tenths of one cent (e.g., 0.119) on the basis of price per kilowatt-hour (kWh). In cases where the electrical energy is unlimited or free of charge, this fact shall be clearly indicated in place of the unit price.

(2) For fixed service applications, the following information shall be conspicuously displayed or posted on the face of the device:

(a) The level of electric vehicle (EV) service expressed as the nominal power transfer (i.e., nominal rate of electrical energy transfer), and

(b) The type of electrical energy transfer (e.g., AC, DC, wireless).

(3) For variable service applications, the following information shall be conspicuously displayed or posted on the face of the device:

(a) The type of delivery (i.e., variable);

(b) The minimum and maximum power transfer that can occur during a transaction, including whether service can be reduced to zero;

(c) The condition under which variations in electrical energy transfer will occur; and

(d) The type of electrical energy transfer (e.g., AC, DC, wireless).

(4) Where fees will be assessed for other services in direct connection with the fueling of the vehicle, such as fees based on time measurement and/or a fixed fee, the additional fees shall be displayed.

(5) The EVSE shall be labeled in accordance with 16 C.F.R. 309 (2023 edition) - FTC labeling requirements for alternative fuels and alternative fueled vehicles.

(6) The EVSE shall be listed and labeled in accordance with the national electric code (NEC) NFPA 70, article 625 electric vehicle charging systems (2023 edition) (www.nfpa.org).

(7) Where electrical energy unit price information is presented on street signs or in advertising other than on EVSE:

(a) The electrical energy unit price shall be in terms of price per kilowatt-hour (kWh) in whole cents (e.g., 0.12) or tenths of one cent (e.g., 0.119). In cases where the electrical energy is unlimited or free of charge, this fact shall be clearly indicated in place of the unit price.

(b) In cases where more than one electrical energy unit price may apply over the duration of a single transaction to sales to the general public, the terms and conditions that will determine each unit price and when each unit price will apply shall be clearly displayed.

(c) For fixed service applications, the following information shall be conspicuously displayed or posted:

(i) the level of EV service expressed as the nominal power transfer (i.e., nominal rate of electrical energy transfer), and

(ii) the type of electrical energy transfer (e.g., AC, DC, wireless).

(d) For variable service applications, the following information shall be conspicuously displayed or posted:

(i) the type of delivery (i.e., variable);

(ii) the minimum and maximum power transfer that can occur during a transaction, including whether service can be reduced to zero;

(iii) the conditions under which variations in electrical energy transfer will occur; and

(iv) the type of electrical energy transfer (e.g., AC, DC, wireless).

(8) Where fees will be assessed for other services in direct connection with the fueling of the vehicle, such as fees based on time measurement and/or a fixed fee, the additional fees shall be included on all street signs or other advertising.

(J) Diesel exhaust fluid shall be sold in terms of volumetric measure or by mass.

Last updated December 29, 2023 at 8:39 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-7 Packaging and Pricing of Food and Nonfood Products

Ohio Adm.Code 901:6-7-01 Method of sale.

(A) The "National Institute of Standards and Technology Handbook 130, Chapter IV Uniform Regulations, Section B Uniform Regulation for the Method of Sale of Commodities" (2023 edition) is hereby adopted with the exception of the following paragraphs which are covered under Chapter 901:6-5 of the Administrative Code:

(1) 2.21. Liquefied petroleum gas;

(2) 2.27. Retail sales of natural gas sold as a vehicle fuel;

(3) 2.30. Ethanol flex fuel;

(4) 2.31. Biodiesel and biodiesel blends;

(5) 2.32. Retail sales of hydrogen fuel (H);

(6) 2.34. Retail sales of electricity sold as a vehicle fuel; and

(7) 2.40. Diesel fuel.

(B) The " National Institute of Standards and Technology Handbook 130, Chapter IV Uniform Regulations, Section B Uniform Regulation for the Method of Sale of Commodities" (2023 edition) is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from:

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated December 29, 2023 at 8:39 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-8 Registration of Servicepersons and Service Agencies

Ohio Adm.Code 901:6-8-01 Voluntary registration of Ohio's servicepersons and service agencies.

(A) Definitions:

(1) "Registrant" means a serviceperson or service agency which has been registered by the department.

(2) "Commercial weighing and measuring device" means any weight, measure, or weighing or measuring device commercially used or employed in establishing size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption which are purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered, and shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that the accessory's operation affects, or may affect, the accuracy of the device.

(3) "Serviceperson" means any individual who installs, services, repairs, places into service, or reconditions, for hire, award, commission, or any other payment of kind, a commercial weighing or measuring device.

(4) "Service agency" means any individual, agency, firm, company, or corporation which for hire, award, commission, or any other payment of kind, installs, services, repairs, places into service, or reconditions a commercial weighing or measuring device.

(5) "Certificate of registration" means a document issued biennially by the department based on payment of the appropriate fee, satisfactory completion of the qualifying examination, and provided that applicant meets all other applicable requirements of paragraph (D) of this rule.

(6) "Broken seal form" means the notification form which includes descriptive information about a device and indicates that a security seal has been broken which can be found on the department's website www.agri.ohio.gov.

(7) "Install" means to move a device to a new location or to put a device into commercial service for the first time.

(8) "Rejected" means a device that is not correct.

(9) "Condemned" means a device that needs repair and cannot be used until repaired.

(10) "Security seal" means a uniquely identifiable physical seal, such as a lead-and-wire seal or other type of locking seal, a pressure sensitive seal sufficiently permanent to reveal the security seal's removal, or similar apparatus attached to a weighing or measuring device for protection against or indicating of access to adjustment, or an audit trail that indicates access to the adjustment.

(11) "Department" means the Ohio department of agriculture.

(B) Applications:

(1) Applications by individuals seeking a certificate of registration shall be submitted to the department on forms prescribed by the director which can be found at www.agri.ohio.gov.

(2) All valid and complete applications will include the following information:

(a) Present residence;

(b) Location of business to be licensed under this rule;

(c) Whether the applicant has had any previous registration under this rule or any federal, state, county or local law, ordinance or rule relating to servicepersons and service agencies;

(d) Whether such applicant has ever had a registration suspended or revoked;

(e) Whether the applicant has been convicted of a felony; and

(f) Other information as the department deems necessary to determine if the applicant is qualified to receive a certificate of registration.

(C) Before any certificate of registration is issued, the department will require the applicant for registration to meet the following qualifications:

(1) Have available sufficient standards and equipment appropriate in design and adequate in amount to provide the services for which such person is requesting registration. Such equipment will meet applicable specifications of the "National Institute of Standards and Technology Handbook 105 Series" handbooks 105-1 (2019 edition), 105-2 (2021 edition), 105-3 (2010 edition), 105-4 (2016 edition), 105-5 (1997 edition), 105-6 (1997 edition), 105-7 (1997 edition), 105-8 (2019 edition) or other suitable standards, and have current calibration reports issued by an approved Ohio laboratory as described in paragraphs (F) and (G) of this rule. The "National Institute of Standards and Technology Handbook 105 Series" documentary standards can be found at www.nist.gov.

(2) Passes a qualifying examination for each type of weighing and measuring device to be installed, serviced, reconditioned, or repaired. A non-refundable examination fee of twenty-five dollars is due at the time of applying for the qualifying examination. A new application and examination fee is required for every qualifying examination.

(3) Demonstrates a working knowledge of weighing and measuring devices for which the applicant intends to be registered.

(4) Has a working knowledge of all appropriate Ohio weights and measures laws, rules, and examination procedure outlines.

(5) Pays the prescribed registration fee for the type of registration:

(a) The biennial fee for a serviceperson certificate of registration is seventy-five dollars.

(b) The biennial fee for a service agency certificate of registration is two hundred dollars.

(D) Each registered serviceperson shall have approved report forms known as "Placed In Service Reports." Such forms shall include the assigned registration number and be signed by the registered serviceperson for each rejected device restored to service and for each newly installed device placed in service.

(E) Within seven days after a device is restored to service or placed in service, the original of a properly executed report form or "Placed In Service Report" shall be either mailed or emailed to the department. For devices restored to service following official rejection, the registered serviceperson shall remove any official rejection tag attached to the restored device.

(F) All physical standards and testing equipment that are used for servicing and testing weights and measures devices for which competence is registered shall be submitted to the department for initial and subsequent verification and calibration as least once every two years. A registered serviceperson or agency shall not use, in servicing commercial weighing or measuring devices, any standards or testing equipment that have not been certified or approved by the department.

(G) In lieu of submission of physical standards to the department, the department may accept calibration and/or verification reports from any laboratory that is formally accredited or recognized.

(H) Persons working as apprentices are not subject to registration if the apprentice works with and under the supervision of a registered serviceperson.

(I) The director will:

(1) Have the right to review all report forms for acceptance or rejection purposes.

(2) For good cause and after a hearing upon reasonable notice, deny any application for a renewal of registration, or may revoke or suspend the registration of any registrant.

(3) Publish from time to time as the director deems appropriate, and may supply upon request, lists of registered servicepersons and registered service agencies.

(4) Assign registration numbers to service agencies and servicepersons if the service agency or serviceperson is determined to be qualified.

Last updated December 29, 2023 at 1:55 PM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Chapter 901:6-9 Training for Weights and Measures Inspector Personnel

Ohio Adm.Code 901:6-9-01 Minimum training requirements for weights and measures inspector personnel.

(A) As used in this rule:

(1) "Inspector personnel" and "inspector" means an individual either employed by the Ohio department of agriculture's division of weights and measures, or appointed by a county or city sealer, to inspect weights and measures, and commodities in package form;

(2) "Weights and measures" means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories associated with any such instruments and devices, except that the term "weights and measures" shall not be construed to include meters for the measurement of electricity, gas, whether natural or manufactured, or water when the same are operated in a public utility system. Such electricity, gas, and water meters, and appliances or accessories associated therewith, are specifically excluded from the purview of the weights and measures laws;

(3) "Commodity in package form" means any commodity put up or packaged in any manner in advance of either wholesale or retail sale;

(4) "Ohio training program" means the two-part self-study program and two comprehensive examinations prescribed and administered by the Ohio department of agriculture.

(5) "NIST handbook 44" means "National Institute of Standards and Technology handbook 44" as adopted in rule 901:6-1-01 of the Administrative Code.

(B) All inspector personnel shall participate in the Ohio training program within thirty days after the inspector is appointed. Inspector personnel shall provide the Ohio department of agriculture with current contact information including email within thirty days of appointment.

(C) Ohio training program curriculum

(1) Part one of the Ohio training program consists of twelve individual lessons covering the following subjects:

(a) Lesson one - "history of weights and measures";

(b) Lesson two - "Ohio weights and measures laws and structure";

(c) Lesson three - "introduction to weights and measures ";

(d) Lesson four - "NIST handbook 44, introduction, fundamental considerations and units and systems of weights and measures";

(e) Lesson five - "NIST handbook 44, weights and measures terms and definitions";

(f) Lesson six - "NIST handbook 44, general code";

(g) Lesson seven - "NIST handbook 44, inspecting and testing small capacity scales";

(h) Lesson eight - "NIST handbook 44, inspecting and testing vehicle scales";

(i) Lesson nine - "NIST handbook 44, inspecting and testing liquid measuring devices";

(j) Lesson ten - "NIST handbook 44, inspecting and testing vehicle tank meters and LPG meters";

(k) Lesson eleven - "NIST handbook 44, inspecting and testing hopper scales"; and

(l) Lesson twelve - "NIST handbook 44, inspecting and testing animal and livestock scales."

(2) Part two of the Ohio training program consists of eight individual lessons covering the following subjects:

(a) Lesson thirteen - "introduction to commodity requirements enforcement";

(b) Lesson fourteen - "NIST handbook 133 (2023 edition), checking the net contents of packages labeled by weight";

(c) Lesson fifteen - "NIST handbook 133 (2023 edition), checking the net contents of packages labeled by volume";

(d) Lesson sixteen - "NIST handbook 133 (2023 edition), checking the net contents of packages labeled by count";

(e) Lesson seventeen - "NIST handbook 133 (2023 edition), checking the net contents of packages labeled by area, length, thickness";

(f) Lesson eighteen - "NIST handbook 44, inspecting and testing timing devices";

(g) Lesson nineteen - "NIST handbook 44, inspecting and testing length and distance measuring devices"; and

(h) Lesson twenty - "NIST handbook 44, inspecting and testing farm milk tanks."

(D) Ohio training program administration

(1) Upon enrollment, each inspector will be sent a set of lessons. Each set of lessons is to be completed and returned within thirty days of receipt. A grade of eighty per cent is required to pass each lesson and if a lesson is failed, the lesson must be retaken and passed before another set of lessons may be sent. All twenty lessons must be completed within eighteen months of enrollment.

(2) Each inspector shall take comprehensive examinations covering parts one and two of the Ohio training program. Examinations will reflect the material covered in the respective lessons and shall be completed within eighteen months of enrollment of the Ohio training program. The passing grade for the examinations is eighty per cent.

(3) Upon successful completion of parts one and two of the Ohio training program, and receiving a passing score of the examinations as required in paragraphs (D)(1) and (D)(2) of this rule, inspector personnel will receive a certificate and a registration number, and an identification card attesting to the inspector's successful completion of the Ohio training program.

(E) Continuing education

(1) All inspector personnel who have successfully completed the Ohio training program shall, exclusive of the year in which the inspector completed the Ohio training program, complete a minimum of eight hours per calendar year of training in weights and measures which have been approved by the Ohio department of agriculture.

(2) The division of weights and measures may publish a list of the dates and times of the approved training programs on the Ohio department of agriculture's website www.agri.ohio.gov.

(F) Upon written request, and for good cause shown, the director of agriculture may adjust the number of hours of continuing education required for a calendar year.

(G) For failure to meet or maintain minimum training requirements, the director may take any appropriate legal action authorized by law, including seeking an injunction to enjoin the inspector personnel or other public official from marking devices found to be correct.

Last updated December 29, 2023 at 11:11 AM

History

• Effective: December 29, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:6-1-01

The revision of the "National Institute of Standards and Technology Handbook 44" made by the "National Conference on Weights and Measures" in 2022 and published in the "National Institute of Standards and Technology Handbook 44," 2023 edition, is hereby adopted in its entirety. The "National Institute of Standards and Technology Handbook 44," is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from:

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated September 28, 2023 at 8:39 AM

History

• Effective: September 28, 2023
• Promulgated Under: 119.03