S T A T E   O F   N E W   Y O R K
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                                  2419

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to  amend  the  agriculture  and  markets  law,  in  relation  to
  inspection and testing of optical scanning devices and systems

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 10 and 11 of section 179  of  the  agriculture
and  markets  law,  as  added  by  chapter  874 of the laws of 1977, are
amended to read as follows:
  10. Supervise the weights and measures, weighing and measuring devices
and systems, and  accessories  related  thereto,  AND  OPTICAL  SCANNING
DEVICES AND SYSTEMS which are sold, offered or exposed for sale, or used
in the state.
  11.  Test, calibrate and certify, upon the request of any person, firm
or corporation, standards of weights and measures, weighing and  measur-
ing  devices  and  systems, and accessories related thereto, AND OPTICAL
SCANNING DEVICES AND SYSTEMS; and charge such fees therefor as he  deems
appropriate.
  S 2. Subdivision 12 of section 179 of the agriculture and markets law,
as  amended  by  chapter  716 of the laws of 1989, is amended to read as
follows:
  12. (a) Establish specifications, amounts of tolerances and reasonable
variations allowable for weights and measures,  weighing  and  measuring
devices and systems, and accessories relating thereto, AND OPTICAL SCAN-
NING  DEVICES  AND SYSTEMS, for packaged commodities sold, or offered or
exposed for sale in the state, for the composition and quality of petro-
leum products, and the testing methods therefor, giving due  recognition
to  federal  and  state requirements, and enter into such written agree-
ments as the commissioner may deem appropriate,  with  federal  agencies
and  other  state agencies for the purpose of establishing and enforcing
uniform specifications and tolerances and (b) establish, by  regulation,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07205-01-9
              

S. 2419                             2

and collect an appropriate fee commensurate with costs, for the examina-
tion of all new types of weighing and measuring devices and systems, and
accessories  relating  thereto, AND OPTICAL SCANNING DEVICES AND SYSTEMS
prior to their introduction into commerce.
  S 3. Subdivision 13 of section 179 of the agriculture and markets law,
as  amended  by  chapter  402 of the laws of 1998, is amended to read as
follows:
  13. Inspect and test, either  personally  or  through  his  authorized
agents,  weights  and  measures,  weighing  and  measuring  devices  and
systems, and accessories relating thereto, AND OPTICAL SCANNING  DEVICES
AND  SYSTEMS which are used commercially within the state by any person,
firm or corporation in determining  the  weight,  measure  or  count  of
commodities  or things sold, or offered or exposed for sale on the basis
of weight, measure or count, or in computing the basic charge or payment
for services rendered on the basis of weight, measure or  count,  or  in
the  case  of  coin counting machines which are used commercially within
the state by any coin processor required  to  be  licensed  pursuant  to
article  twenty-seven-A  of  the  general  business law ("coin processor
licensing act"), in determining an accurate count of coins, OR IN  SCAN-
NING  THE  PRICE  OR  DETERMINING  THE  IDENTITY OF COMMODITIES OR OTHER
THINGS SOLD, in order to ascertain if such weights and measures,  weigh-
ing  and  measuring devices and systems, or accessories related thereto,
OR OPTICAL SCANNING DEVICES AND SYSTEMS are correct and are  being  used
correctly;  and  charge  fees  commensurate  with  the cost of each such
inspection or test for inspections and tests  which  are  not  otherwise
conducted  by  municipalities.  The  commissioner  is also authorized to
charge fees commensurate with the cost of each such inspection  or  test
for inspections and tests conducted for the purpose of certifying munic-
ipal weighing and measuring devices and systems. Fees authorized by this
subdivision shall be established by the commissioner by regulation.
  S 4. Subdivision 15 of section 179 of the agriculture and markets law,
as  added  by  chapter  874  of  the laws of 1977, is amended to read as
follows:
  15. Cause to be tested, as often as he deems necessary  by  a  weights
and  measures  official all weights and measures, weighing and measuring
devices and systems, and accessories related thereto, AND OPTICAL  SCAN-
NING DEVICES AND SYSTEMS used in checking the receipt or disbursement of
supplies  in every state agency or institution, and report in writing to
the head of the agency or institution concerned; and, at the request  of
the  head  of any state agency or institution, appoint in writing one or
more employees, then in actual service of such  agency  or  institution,
who  shall  act  as  special  deputies  for  the purpose of checking the
receipt or disbursement of supplies.
  S 5. Subdivisions 5 and 8  of  section  181  of  the  agriculture  and
markets  law, as amended by chapter 665 of the laws of 2006, are amended
to read as follows:
  5. Inspect, test and ascertain, as frequently  as  prescribed  by  the
commissioner,  if  weights  and measures, weighing and measuring devices
and systems and pricing devices and  systems,  and  accessories  related
thereto, AND OPTICAL SCANNING DEVICES AND SYSTEMS which are used commer-
cially  by any person, firm or corporation, including but not limited to
coin counting machines  used  by  any  coin  processor  required  to  be
licensed  pursuant to article twenty-seven-A of the general business law
("coin processor licensing act"), are correct and being used correctly.
  8. Have authority to establish and collect fees for the inspection and
testing of all weights and measures, weighing and measuring devices  and

S. 2419                             3

systems  and  pricing  devices  and  systems,  and  accessories  related
thereto, AND OPTICAL SCANNING DEVICES AND SYSTEMS within  his  jurisdic-
tion. Provided, however, that the commissioner shall, after public hear-
ing,  promulgate  rules  and  regulations fixing maximum levels for such
fees and governing any other aspect thereof, including the frequency  of
such  inspections,  as  he  deems  necessary.  All fees collected by the
municipal director shall be paid into the appropriate  municipal  treas-
ury. No additional inspection fees shall be assessed for pricing accura-
cy  inspections  where  the  retail store being inspected has previously
passed two consecutive inspections during the calendar year.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law except that any rules and regulations  neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.