AAM-37-12-00002-P Incorporate by Reference in 1 NYCRR of the 2011 Edition of National Institute of Standards and Technology ("NIST") Handbook 133

9/12/12 N.Y. St. Reg. AAM-37-12-00002-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 37

September 12, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF AGRICULTURE AND MARKETS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAM-37-12-00002-P

Incorporate by Reference in 1 NYCRR of the 2011 Edition of National Institute of Standards and Technology ("NIST") Handbook 133

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 221.11 of Title 1 NYCRR.

Statutory authority:

Agriculture and Markets Law, sections 16, 18 and 179

Subject:

Incorporate by reference in 1 NYCRR of the 2011 edition of National Institute of Standards and Technology ("NIST") Handbook 133.

Purpose:

To incorporate by reference in 1 NYCRR the 2011 edition of NIST Handbook 133.

Text of proposed rule:

Section 221.11 of 1 NYCRR is amended to read as follows:

221.11 Test procedures, magnitude of permitted variations.

(a) The test procedures for testing packaged commodities shall be those contained in National Institute of Standards and Technology Handbook 133, [, Fourth Edition], issued [2005] 2011, Checking the Net Contents of Packaged Goods, as adopted by the 95th National Conference on Weights and Measures. The document is available from the National Conference on Weights and Measures, [15245 Shady Grove Road, Rockville, MD 20850] 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.

(b) The magnitude of variations permitted under section 221.10 of this Part shall be those contained in the procedures and tables of National Institute of Standards and Technology Handbook 133[, Fourth Edition], issued [2005] 2011, Checking the Net Contents of Packaged Goods, as adopted by the National Conference on Weights and Measures.

Text of proposed rule and any required statements and analyses may be obtained from:

Michael Sikula, Director, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed rule will amend 1 NYCRR section 221.11 to incorporate by reference the 2011 edition of National Institute of Standards and Technology Handbook 133 in place of the 2005 edition which is presently incorporated by reference. Handbook 133 contains test procedures that are used by state regulatory officials to determine whether the actual weight of a packaged commodity is sufficiently consistent with the declaration of net weight set forth on its label.

The proposed rule is non-controversial. The 2011 edition of Handbook 133 has been adopted or is in use in the great majority of states; manufacturers of packaged commodities located in New York already, therefore, conform their operations to the provisions of this document in order to sell such commodities in interstate commerce. In addition, several portions of this Handbook dealing with meat and poultry items have been incorporated by reference in federal regulation and are pre-emptive upon the states. The proposed rule will not, therefore, have any adverse impact upon regulated businesses and is, therefore, non-controversial.

Job Impact Statement

The proposed rule will not have an adverse impact on jobs or on employment opportunities.

The proposed rule will incorporate by reference in 1 NYCRR section 221.11 the 2011 edition of National Institute of Standards and Technology Handbook 133 (henceforth, “Handbook 133 (2011 edition)”) which contains test procedures for weights and measures officials to determine whether the net weight declarations on labels of packaged commodities are accurate. The 2005 edition of Handbook 133 is presently incorporated by reference and Handbook 133 (2011 edition) differs substantively from the 2005 edition only to the extent that procedures for verifying the accuracy of test scales have been improved, amendments limiting the use of wet tare have been made, instructions for moisture allowance have been clarified, and rules for determining the net weight of ice glazed products have been set forth. These substantive changes in Handbook 133 (2011 edition) will help ensure that packaged commodities are uniformly evaluated for net contents.

Handbook 133 (2011) edition has been adopted by or is in use in the great majority of states; manufacturers of packaged commodities located in New York already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce. In addition, several portions of this Handbook dealing with meat and poultry items have been incorporated by reference in federal regulation and are pre-emptive upon the states.

The proposed rule will not, therefore, have any adverse impact upon jobs or employment opportunities.