Effective, October 1, 2004, any person, firm, incorporated
or unincorporated association or organization, corporation, partnership,
limited liability company, cooperative, two or more individuals having a joint
or common interest or other business entity that can identified by distinct
geographic location including, but not limited to subsidiaries, branches,
sub-stations or locations, affiliates and satellites possessing and
maintaining, a measuring device as defined herein, who is selling, offering or
exposing for sale any commodity, by weight or measure, as defined in §
8-16-1 et seq,
Code of Ala. 1975, as amended shall be considered a
separate and unique individual or entity and subject to this regulation. Each
such separate and unique individual or entity shall pay an annual registration
fee which shall be assessed by and become payable to the Department of
Agriculture and industries for any weighing or measuring device.
(a) Those devices designed to measure weight
between 0 to 1000 pounds or the metric equivalent shall be considered
lightweight medium duty scales. Each individual or entity employing the use of
a lightweight medium duty scale in the normal course of its business or trade
shall pay to the Commissioner of Agriculture and Industries a fee of $20.00 per
each device, or in the alternative, shall pay an annual fee of $150.00 per
business location.
(b) Those
devices designed to measure weight between 1001 to 50,000 pounds or the metric
equivalent shall be considered a medium duty scale. Each individual or entity
employing the use of a medium duty scale in the normal course of its business
or trade shall pay to the Commissioner of Agriculture and Industries a fee of
$30.00 per each device, or in the alternative, shall pay an annual fee of
$150.00 per business location.
(c)
Those devices designed to measure weight between 50,001 to 400,000 pounds or
the metric equivalent shall be considered a heavy duty scale. Each individual
or entity employing the use of a heavy duty scale in the normal course of its
business or trade shall pay to the Commissioner of Agriculture and Industries a
fee of $50.00 per each device, or in the alternative, shall pay an annual fee
of $150.00 per business location.
(d) Those devices designed to dispense any
substance at a rate of 20 gallons or the metric equivalent or greater per
minute shall be considered a high speed dispenser. Each individual or entity
employing the use of a high speed dispenser in the normal course of its
business or trade shall pay to the Commissioner of Agriculture and Industries a
fee of $50.00 per each device, or in the alternative, shall pay an annual fee
of $150.00 per business location. Nothing in this rule shall apply to those
devices dispensing any substance at a rate of less than 20 gallons or metric
equivalent per minute.
(e) Those
devices utilized by commercial dairy farming entities designed to contain and
dispense volumes of milk for introduction into commerce shall be considered a
dairy milk tank. Each individual or entity employing the use of a dairy milk
tank in the normal course of its business shall pay to the Commissioner of
Agriculture and Industries a fee of $50.00 per each device, or in the
alternative, shall pay an annual fee of $150.00 per business
location.
(f) No individual or
entity remitting any fees to the Alabama Department of Agriculture and
Industries under Chapters 19, 21, 22, 23, or 26 of Title 2 of the
Code of Ala. 1975, as amended other than nursery
dealer fees found in
80-10-1-.03(3) of the Alabama Administrative Code, fertilizer dealer fees found in
80-1-6-.12(b) of the Alabama Administrative Code, or supplemental seed container sales fees
found in
80-11-1-.07(a) of the Alabama Administrative Code shall be required to pay in the aggregate an
amount under this regulation in excess of $30.00 for any one twelve month
period beginning October 1 and ending September 30.
(g) Scales and weighing devices utilized in
livestock markets as defined in Chapter 15 of Title 2 of the Code
of Ala. 1975, as amended shall be specifically exempt from this
regulation.
(h) Any individual or
entity found in violation of any portion of this regulation by the Alabama
Department of Agriculture and Industries shall be placed under written notice
of violation by the Commissioner of Agriculture and Industries or his or her
duly authorized agents. Said individual or entity will have thirty days from
the date of violation notice to comply with this regulation. If, after the
expiration of said 30 day period, said individual or entity shall be
immediately subject to any and all penalties relating to weights and measures
provided for in the Code of Ala. 1975, as amended or
the Alabama Administrative Code.
(i) All individuals or entities registering
any of the devices listed in (b)and (c) above shall, at any and all times the
registered device or devices is/are utilized, have on duty a weighmaster as
outlined in §
8-16-50 et seq of the Code of Ala. 1975, as amended. Beginning
October 1, 2004, a fee of $20.00 payable to the Commissioner of Agriculture and
Industries shall be assessed each person appointed or designated as a
weighmaster. The certificate of appointment or designation provided for in
§
8-16-50(d) of the Code of Ala. 1975, as amended shall be
prominently displayed in a conspicuous manner at the location where the device
or devices is/are utilized.
(j)
Governmental entities shall be exempt from the fees outlined
hereinabove.
