HCS HB 528 -- WEIGHTS AND MEASURES

This bill requires every person operating a device used to
measure the moisture content of grains and seeds offered for
sale, processing, or storage to register each place of business
where such devices are operated.  Registration is to be with the
Director of the Department of Agriculture and accompanied by a
fee of $10 for each business and $5 for each additional device
at such business.  All registrations and fees are annual.  The
fee on newly purchased devices is to be paid within 30 days of
purchase.  The provisions of this bill do not apply to moisture--
measuring devices used exclusively for obtaining manufacturing
information or for a person using his or her own device solely
in agricultural or horticultural operations on such person's own
land.  A fee of $10 is to be charged for the retesting of any
moisture-measuring device.

Any person in violation of the provisions of the bill may
explain such facts as may be pertinent to the violation at an
informal hearing to be conducted within 14 days of notification
of violation.  In the event of failure to make a timely response
to such notification or upon unsuccessful resolution of the
violation the director of the Division of Weights and Measures
may schedule a formal hearing.  If a person is found to have
committed 2 or more violations in a year, he or she may be
issued a cease and desist order from such violations to be
enforced by the circuit court and may be required to pay a
penalty of not more than $500 per violation.

The bill also moves moisture measuring device provisions from
Chapter 265, Standardization, Inspection and Marketing
Agricultural Products to Chapter 413, Weights and Measures.

HCS HB 528 -- WEIGHTS AND MEASURES (Wiggins)

This substitute requires every person operating a device used to
measure the moisture content of grains and seeds offered for
sale, processing, or storage to register each place of business
where such devices are operated.  Registration is to be with the
Director of the Department of Agriculture and accompanied with a
fee of $10 for each business and $5 for each additional device
at such business. All registrations and fees are annual. The fee
on newly purchased devices is to be paid within 30 days of
purchase. The provisions of this bill do not apply to moisture--
measuring devices used exclusively for obtaining manufacturing
information or for a person using his or her own device solely
in agricultural or horticultural operations on such person's own
land. A fee of $10 is to be charged for the retesting of any
moisture-measuring device.

Any person in violation of the provisions of the bill may
explain such facts as may be pertinent to the violation at an
informal hearing to be conducted within 14 days of notification
of violation. In the event of failure to make a timely response
to such notification or upon unsuccessful resolution of the
violation the director of the Division of Weights and Measures
may schedule a formal hearing. If a person is found to have
committed 2 or more violations in a year, he or she may be
issued a cease and desist order from such violations to be
enforced by the circuit court and may be required to pay a
penalty of not more than $500 per violation.

The substitute also moves moisture measuring device provisions
from Chapter 265, Standardization, Inspection and Marketing
Agricultural Products to Chapter 413, Weights and Measures.

FISCAL NOTE:  Income to General Revenue Fund is Unknown for FY
1998, FY 1999, and FY 2000.

HCS HB 528 -- WEIGHTS AND MEASURES

CO-SPONSORS:  Williams (157) (Wiggins)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agri-Business by a vote of 16 to 0.

This substitute requires every person operating a device used to
measure the moisture content of grains and seeds offered for
sale, processing, or storage to register each place of business
where such devices are operated.  Registration is to be with the
Director of the Department of Agriculture and accompanied with a
fee of $10 for each business and $5 for each additional device
at such business. All registrations and fees are annual. The fee
on newly purchased devices is to be paid within 30 days of
purchase. The provisions of this bill do not apply to moisture--
measuring devices used exclusively for obtaining manufacturing
information. A fee of $10 is to be charged for the retesting of
any  moisture-measuring device.

Any person in violation of the provisions of the bill may
explain such facts as may be pertinent to the violation at an
informal hearing to be conducted within 14 days of notification
of violation. In the event of failure to make a timely response
to such notification or upon unsuccessful resolution of the
violation the director of the Division of Weights and Measures
may schedule a formal hearing. If a person is found to have
committed 2 or more violations in a year, he or she may be
issued a cease and desist order from such violations to be
enforced by the circuit court and may be required to pay a
penalty of not more than $500 per violation.

The substitute also moves moisture measuring device provisions
from Chapter 265, Standardization, Inspection and Marketing
Agricultural Products to Chapter 413, Weights and Measures.

FISCAL NOTE:  Estimated Net Effect to General Revenue Fund for
FY 1998, FY 1999 and FY 2000 is unknown.

PROPONENTS:  Supporters say that the Division of Weights and
Measures needs statutory authority to conduct formal and
informal hearings to encourage a few bad actors to adhere to the
laws of the State.

Testifying for the bill were Representative Wiggins; Department
of Agriculture; Missouri Retailers Association; Retail Grocers
Association of Kansas City; and the Missouri Agricultural
Council.

OPPONENTS:  There was no opposition voiced to the committee.

Roland Tackett, Research Analyst

HB 528 -- Weights and Measures

Sponsor:  Wiggins (8)

This bill requires every person operating a device used to
measure the moisture content of grains and seeds offered for
sale, processing, or storage to register each place of business
where such devices are operated.  Registration is to be with the
Director of the Department of Agriculture and accompanied with a
fee of $10 for each business and $5 for each additional device
at such business. All registrations and fees are annual. The fee
on newly purchased devices is to be paid within 30 days of
purchase. The provisions of this bill do not apply to moisture--
measuring devices used exclusively for obtaining manufacturing
information. A fee of $10 is to be charged for the retesting of
any  moisture-measuring device.

Any person in violation of the provisions of this bill may
explain such facts as may be pertinent to the violation at an
informal hearing to be conducted within 14 days of notification
of violation. In the event of failure to make a timely response
to such notification or upon unsuccessful resolution of the
violation the director may schedule a formal hearing. If such
person is found to have committed one or more violations, such
person may be issued a cease and desist order from such
violations to be enforced by the circuit court and may be
required to pay a penalty of not more than $500 per violation
and $500 per day such violation continues.