413.065. Director, duties--rules, procedure.

MISSOURI STATUTES AND CODES

413.065. Director, duties--rules, procedure.

Director, duties--rules, procedure.

413.065. The director shall:

(1) Maintain the traceability of the state standards to the nationalstandards in the possession of the National Institute of Standards andTechnology;

(2) Enforce the provisions of sections 413.005 to 413.229;

(3) Promulgate reasonable regulations for the enforcement of sections413.005 to 413.229 in accordance with this section and chapter 536, RSMo;

(4) Prescribe, by regulation, requirements for packaging and labelingand method of sale of commodities, adopt the Uniform Regulation forNational Type Evaluation (NTEP) as published by the National Institute ofStandards and Technology (NIST) in Handbook 130, and supplements thereto orrevisions thereof, and may establish standards of weight, measure or count,requirements for unit pricing, open dating information, and reasonablestandards of fill for any packaged commodity;

(5) Test annually the standards for weights and measures used by anycity or county within this state, approve the same when found to becorrect, reject those found to be incorrect and not capable of adjustment,adjust any incorrect standard which is capable of adjustment and approvesame for use;

(6) Inspect and test weights and measures commercially used indetermining the weight, measure, or count of commodities, things sold,offered, or exposed for sale in computing the basic charge or payment forservices rendered on the basis of weight, measure, or count;

(7) Inspect and test all commercial devices at intervals deemedappropriate by the director and specified by regulations promulgated underthe authority of this chapter, except that any subsequent test of the samedevice in the same calendar year shall be to retest a rejected device,conducted in conjunction with an investigation, or at the request of theowner/operator of the device;

(8) Test all weights and measures used in checking the receipts ordisbursements of supplies in every institution which is maintained withfunds appropriated by the general assembly;

(9) Approve for use, and mark such commercial weights and measures asare found to be correct. Reject and mark as rejected and order to becorrected, replaced, or removed such commercial weights and measures as arefound to be incorrect. The director may seize such commercial weights andmeasures that have been rejected and not corrected within the timespecified and have continued in commercial use, or are disposed of in amanner not specifically authorized and may condemn and may seize suchcommercial weights and measures that are not capable of being corrected;

(10) Weigh, measure, or inspect packaged commodities kept, offered,or exposed for sale, sold, or in the process of delivery, to determinewhether they contain the amounts represented and whether they are kept,offered, or exposed for sale in accordance with sections 413.005 to 413.229or regulations promulgated pursuant to sections 413.005 to 413.229. Incarrying out the provisions of this subdivision, the director shall employrecognized sampling procedures, such as are adopted by the NationalConference on Weights and Measures and are published in the NationalInstitute of Standards and Technology Handbook 133, "Checking the NetContents of Packaged Goods";

(11) Prescribe, by regulation, the appropriate term or unit of weightor measure to be used, whenever the director determines in the case of aspecific commodity that an existing practice of declaring the quantity byweight, measure, numerical count, or any combination thereof, does notfacilitate value comparisons by consumers or offers an opportunity forconsumer confusion;

(12) No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo;

(13) The director may establish requirements for open datinginformation and may promulgate regulations establishing a method of sale ofcommodities.