(a) Each municipality shall provide the municipal director with the following necessary standard weighing and measuring devices:

(1) Weights (class F or better).

(i) [Forty] Twenty 50 lb weights or 25 kg weights;

(ii) One 25 lb weight or 10 kg weight;

(iii) One customary weight kit with capacity of at least 20 lb (except in New York City where the capacity may be at least 8 lb); and

(iv) One metric weight kit with capacity of at least 10 kg (except in New York City where the capacity may be at least 5 kg)[; and].

[(v) One apothecary weight kit.]

(2) Volumetric measures.

(i) One large test measure with a minimum capacity of 379 L (100 gal) for inspection of petroleum dispensing meters;

(ii) One [visible] graduated neck type 5 gallon test measure for inspection of petroleum dispensing pumps;

(iii) One [visible] graduated neck type 5 gallon test measure for inspection of bulk milk holding tanks (if applicable); or

(iv) One slicker type 5 gallon or 10 gallon test measure for inspection of bulk milk holding tanks (if applicable);

(v) One set of [customary] glass or metal test measures with capacity from 2 fl oz to 1 gallon or 50 mL to 4 L.[; and]

[(vi) One set of metric glass or metal test measures with capacity from 50 mL to 4 L.]

(3) Linear measures.

(i) One steel tape at least 6 feet in length;

(ii) One steel tape at least 2 meters in length; or

(iii) One steel tape with dual metric and customary graduations of comparable length;

(iv) One yard standard rigid type (optional);

(v) One meter standard rigid type (optional).

(4) Balances.

[(i) One equal arm balance, with a capacity of at least 2.3 kg (5 lb); or]

[(ii)](i) One portable scale, approved for use in check weighing commodities.

(5) Time measure.

(i) One mechanical or electronic stopwatch.

[(6) Fabric measure.

(i) One fabric measuring tape.]

(b) Such standards must be submitted by the municipal director to the commissioner at the laboratory of the Bureau of Weights and Measures at 6 Harriman Campus Road, Albany, New York 12206, or such other location as approved by the commissioner, prior to use and at least once [in each] every five years thereafter for calibration and certification except for a municipality that has entered into an intermunicipal agreement to provide the devices referred to in this section and that is not responsible for so providing pursuant to such agreement.

Section 222.2 of 1 NYCRR is amended to read as follows:

222.2 Equipment and supplies. Each municipality shall provide the municipal director with the following equipment and supplies:

(a) Official seals. The official seal shall be yellow in color, printed with dark blue lettering [to be used in odd numbered years, and] or shall be dark blue in color, printed with yellow lettering [to be used in even numbered years], of a vinyl material, and in a form and design approved by the commissioner. Other colors may be used as approved by the commissioner.

(b) Official condemning tags and labels. The official condemning tag and labels shall be red in color, printed with black lettering, of a material and in a form and design approved by the commissioner.

(c) Prescribed forms. The following prescribed forms shall be of a design and substantive content approved by the commissioner and shall be used when current supplies of forms are depleted:

(1) Device inspection;

(2) Fees for inspection of devices (if applicable);

(3) Commodity inspection;

(4) Stop use, stop removal and removal orders;

(5) Violations;

(6) Civil actions and civil penalties recovered; [and]

(7) Complaints received and results of investigation[.]; and

(8) Retail pricing accuracy inspection.

[(d) Seal press and two dies, one with the initials of the municipality and the other with the current year. The size of the initials and the numerals shall be at least one eighth inch in height.]

[(e)] (d) [Lead, plastic] Plastic or metal seals and wire with the initials of the municipality and current year.

[(f)] (e) Identification card.

[(g)] (f) Badge.

The proposed rule will amend sections 222.1 and 222.2 of 1 NYCRR to, generally, minimize the number of weights and measures devices municipalities must provide to municipal directors of weights and measures; clarify the types of devices that must be provided; allow devices to be calibrated and certified “in the field” rather than having to be transported to the offices of the State director of weights and measures; and relieve certain municipalities of the obligation of having to provide devices to the State director for calibration and certification.

The proposed rule is noncontroversial in that it merely clarifies certain existing requirements and removes certain existing regulatory burdens. The proposed rule will not have an adverse impact upon regulated parties and is, therefore, non-controversial.

The proposed rule will not have an adverse impact upon employment opportunities.

The proposed rule will minimize the number of weights and measures devices municipalities must provide to municipal directors of weights and measures; clarify the types of devices that must be provided; allow devices to be calibrated and certified “in the field” rather than having to be transported to the offices of the State director of weights and measures; and relieve certain municipalities of the obligation of having to provide devices to the State director for calibration and certification. The proposed rule, by clarifying certain existing requirements and removing certain existing regulatory burdens, will not, therefore, have an adverse impact upon jobs.