5355484 Consumer and Regulatory Affairs, Department of - Notice of Final Rulemaking - Corrects a citation in Weights and Measures Infractions

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority under section 18a of An Act to establish standard weights and measures for the District of Columbia, to define the duties of the Superintendent of Weights, Measures, and Markets of the District of Columbia, and for other purposes, approved September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 37-201.18a (2014 Supp.)), and Reorganization Plan No. 1 of 1983, effective March 31, 1983, hereby gives notice of the adoption of the following amendment to Chapter 33 (Department of Consumer and Regulatory Affairs (DCRA) Infractions of DCMR) of DCMR Title 16 (Consumers, Commercial Practices, and Civil Infractions).

 

This final rulemaking corrects an inaccurate citation.  In the proposed amendments below, insertion of new language is indicated by underlining, while deletion of existing language is indicated by strikethrough.

 

A Notice of Emergency and Proposed Rulemaking were published at 61 DCR 12636 on December 12, 2014.  No comments were received and no substantive changes were made to the rulemaking as published. The Director adopted this rule as final on February 10, 2015 and it will become effective upon publication.

 

Chapter 33, DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA) INFRACTIONS OF DCMR, of Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows:

 

Section 3303, DCRA OFFICE OF INVESTIGATION – WEIGHTS AND MEASURES INFRACTIONS, is amended as follows:

 

3303.1             Violation of any of the following provisions shall be a Class 1 infraction:

 

(a)        Chapter 118, Section 32a of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 37-201.32a§ 37-201.33) (operating a weighing or measuring devise device without payment of the registration and inspection fee);

 

(b)        Chapter 118, Section 3, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, approved Mar. 3, 1921 (41 Stat. 1218; D.C. Official Code § 37-201.03(a)) (use of any weighing or measuring device that has not been inspected and approved);

 

(c)        Chapter 118, Section 4, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1218; D.C. Official Code § 37-201.04) (use of any weighing device that has been altered without inspection and approval or after altering any tag or label attached thereto without the permission of the Director);

 

(d)       Chapter 118, Section 5, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1218; D.C. Official Code § 37-201.05) (obstruction of inspection);

 

(e)        Chapter 118, Section 20 of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1223; D.C. Official Code § 37-201.20) (use of a pump or similar device which does not measure correctly); or

 

(f)        Chapter 118, Section 22, of An Act To establish standard weights and measures for the District of Columbia; to define the duties of the Superintendent of Weights, Measures and Markets of the District of Columbia and for other purposes, (41 Stat. 1224; D.C. Official Code § 37-201.22) (refusing inspection).