2010 Session

Budget Amendments - SB30 (Conference Report)

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Weights and Measures Program

Item 88 #1c

Item 88 #1c

First Year - FY2011 Second Year - FY2012
Agriculture And Forestry
Agriculture and Consumer Services, Department of FY2011 ($2,100,000) FY2012 ($2,100,000) NGF

Page 47, line 15, strike "$4,394,663" and insert "$2,294,663".
Page 47, line 15, strike "$4,394,663" and insert "$2,294,663".
Page 47, strike lines 23 through 25 and insert:
"In lieu of periodic inspections by the Commissioner, any person whose weights and measures devices, as defined in § 3.2-5600, et seq., Code of Virginia, which are used for a commercial purpose may select to provide for the inspection and testing of all such weights and measures to determine the accuracy and correct operation of the equipment or device.  The owner shall have all such weights and measures devices tested at least annually by a service agency that is registered pursuant to § 3.2-5702, Code of Virginia.  Weights and measures that have been rejected by a service agency shall not be used again commercially until they have been officially reexamined by the rejecting authority or an inspector employed by the Commissioner, and found to be in compliance with Chapter 56, Title 3.2, Code of  Virginia.  The owner of such weights and measures devices shall report to the Commissioner of Agriculture and Consumer Services on an annual basis in a manner prescribed by the Commissioner the results of all testing, including (i) the number of inspections completed, (ii) the number of failures in the weights and measures equipment or devices, and (iii) the actions taken to correct any inaccuracies in the equipment or devices."

(This amendment removes authorization for the establishment of a new $17.50 per year per device fee and the $2.1 million nongeneral fund each year assumed to be generated by the imposition of such that had been included in the introduced budget. The fee revenue was intended to supplement, not replace, general fund support for this program. The amendment further allows for the option of private sector inspectors that are licensed by the Department to complete the required annual inspections and report the results to the Commissioner.)