Montana § 30-12-203 Licensing Of Weighing Devices

Montana Statutes

§ 30-12-203 — Licensing Of Weighing Devices

Montana·Title 30 TRADE AND COMMERCE·Ch. 12 WEIGHTS, MEASURES, STANDARDS, AND LABELING·Part 2 Authority of Department of Labor and Industry

30-12-203 . Licensing of weighing devices.

(1)A person may not knowingly operate or use an unlicensed weighing device in trade or commerce for ascertaining the weight of any commodity.

(2)A license must be obtained by applying to the department on a form provided by the department. Each license must require at least one inspection a year.

(3)(a) An application must be accompanied by the proper fee, as established by this section and subject to subsection (3)(b), except that fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party.

(b)The department may increase fees in subsection (3)(a) every 2 years by rule, provided the fees are commensurate with the cost of issuing a license and the fee increase does not exceed 15%.

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30-12-203 . Licensing of weighing devices. (1) A person may not knowingly operate or use an unlicensed weighing device in trade or commerce for ascertaining the weight of any commodity.
(2) A license must be obtained by applying to the department on a form provided by the department. Each license must require at least one inspection a year.
(3) (a) An application must be accompanied by the proper fee, as established by this section and subject to subsection (3)(b), except that fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party.
(b) The department may increase fees in subsection (3)(a) every 2 years by rule, provided the fees are commensurate with the cost of issuing a license and the fee increase does not exceed 15%.
(4) The capacity of a weighing device must be determined by the manufacturer's rated capacity.
(5) (a) All licenses are annual and, except for those described in subsection (5)(b), expire on the anniversary date established by rule by the board of review established in 30-16-302 .
(b) Licenses for on-farm scales expire at the end of the calendar year.
(6) (a) A late renewal fee equal to 50% of the renewal license fee established in subsection (3) must be assessed if the fee is not paid:
(i) for on-farm scales, before the first day of the sixth month of the year in which the license fee is due; or
(ii) for all other licenses, within 60 days of the anniversary date.
(b) If the fee is not paid by the respective due date listed in subsection (6)(a), the weighing device may be sealed and removed from service by the department.
(c) A person may not use a weighing device that has been removed from service or break the seal on a device removed from service until all fees have been paid.
(7) The fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part.
(8) The department shall report biennially to the economic affairs interim committee in accordance with 5-11-210 concerning license fees and cost increases under this section.

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Legislative History

En. 90-160.1 by Sec. 1, Ch. 244, L. 1973; R.C.M. 1947, 90-160.1; amd. Sec. 1, Ch. 591, L. 1983; amd. Sec. 1, Ch. 615, L. 1993; amd. Sec. 4, Ch. 366, L. 1997; amd. Sec. 2, Ch. 34, L. 2005; amd. Sec. 1, Ch. 196, L. 2007; amd. Sec. 1, Ch. 356, L. 2013; amd. Sec. 2, Ch. 228, L. 2023.