As used in this chapter, the following definitions apply:

(1) "Bureau" means the Building and Commercial Measurements Bureau of the Montana Department of Labor and Industry.

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

(1)  Subject to the provisions of Title 32, chapter 12, part 2, and Title 82, chapter 15, part 1, MCA, the bureau adopts and incorporates by reference the following publications for weights and measures in Montana: 

(a)  NIST Handbook 44, 2023 edition: Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices with the following modifications:

(i)  Delete paragraph UR.3.3. Single-Draft Weighing found in section 2.20, Scales.

(ii) Delete paragraph UR.2.2. Ticket Printer, Customer Ticket found in section 3.31, Vehicle-Tank Meters.

(b)  NIST Handbook 130, 2023 edition: Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality with the following modifications:

(i)  IV Uniform Regulations part A, Uniform Packaging and Labeling Regulation section 14, insert in the blank space January 1, 2024, for the effective date.

(ii)  IV Uniform Regulations part B, Uniform Regulation for the Method of Sale of Commodities, section 5 insert in the blank space January 1, 2024, for the effective date.

(iii) IV Uniform Regulations part D, Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices, section 3, Registration Fee, insert in all blank spaces, $25.00.  Section 8 insert P.O. Box 200516 Helena Mt 59620 in the blank space.

(iv)  IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 4(c) through (g) insert in all blank spaces January 1, 2024, for the effective date.

(v)  IV Uniform Regulations part E. Uniform Regulation for National Type Evaluation, section 7, insert in the blank space January 1, 2024, for the effective date.

(c)  NIST Handbook 130, 2023 edition: Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality with the following modifications:

(i) Delete in its entirety Section III, part B Uniform Weighmaster Law.

(ii) Delete in its entirety Section IV, part C Uniform Unit Pricing Regulation.

(d)  NIST Handbook 133, 2022 edition: Checking the Net Contents of Packaged Goods.

(2) A copy of NIST Handbooks 44, 130, and 133 can be obtained from the United States Department of Commerce, National Institute of Standards and Technology, National Conference on Weights and Measures, Gaithersburg, MD 20899-0001, or online at www.nist.org.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The following fees shall apply to the testing of all devices subject to these rules:  

(a) PA Meters           (20 GPM or less)                                          $10.00

(b) PB Meters           (20 GPM-130 GPM)                                     $30.00

(c) PC Meters           (above 130 GPM)                                         $30.00

(d) PD Meters          (Liquified Petroleum Gas)                           $50.00

(e) SA/S1 Scales    (499 LB or less)                                            $20.00

(f) SB/S2 Scales     (500 LB-1,999 LB)                                      $30.00

(g) SC/S3 Scales    (2,000 LB-7,999 LB)                                   $35.00

(h) SD/S4 Scales    (8,000 LB-60,000 LB)                               $150.00

(i) SE/S5 Scales      (60,000 LB or more)                                $150.00

(2) A reinspection of a rejected device shall not incur the testing and certification fee.

(3) Special inspections are not required by statute and only occur upon request to the bureau. The fees for special inspections 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.

(4) Where fees are not paid within 30 days after any inspection completed by the bureau, the bureau may seal and remove the device from service, until the fees have been paid.

(1) Measuring device license fees are as follows:

(a) each volume measuring device with a listed maximum delivery rate of 20 or less gallons per minute (gpm)      $21

(b) each volume measuring device with a maximum listed delivery rate of between 130 gpm and 20 gpm      70

(c) each volume measuring device 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 fully electronic 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.

(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.

This rule has been repealed.

(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.

This rule has been repealed.

This rule has been repealed.

(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. The bureau shall review the complaint and the sampling to determine if an investigation will be conducted into 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.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The bureau may approve an individual registered serviceperson from any state if the bureau determines that the individual's state of registration's registered service agency's requirements are substantially similar to those used in this state, and the individual meets those requirements.  The individual shall provide the bureau with any information necessary for the bureau to make this determination.

(1) The bureau adopts and incorporates by reference the Uniform Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices in NIST Handbook 130, 2023 edition, for the voluntary registration of individuals and entities that have demonstrated an ability to accurately install, service, repair, or recondition a commercial weighing or measuring device. 

(2) The individual or entity shall apply for registration on application forms provided by the bureau.

(3) The application and annual renewal fees are as follows:

(a) serviceperson                                                                            $25

(b) service agency                                                                           25

(c) late renewal fee                                                                          12.50

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