weights and measures; food; appropriation

SB1265 - 572R - I Ver

REFERENCE TITLE:
weights and measures; food; appropriation

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1265

Introduced by

Senators
Miranda: Ortiz, Sundareshan

AN
ACT

amending
sections 3-3414 and 3-3475, Arizona Revised Statutes; appropriating
monies; relating to the weights and measures services division.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 3-3414, Arizona Revised
Statutes, is amended to read:

START_STATUTE
3-3414.

Powers and duties; definition

A. The division shall:

1. Maintain custody of the state reference standards
of weights and measures that are traceable to the United States prototype
standards and that are supplied to the states by the federal government or that
are otherwise approved as being satisfactory by the national institute of
standards and technology.

2. Keep the state reference standards in a safe and
suitable place in the metrology laboratory of the division and ensure that they
are not removed from the laboratory except for repairs or for calibration as
may be prescribed by the national institute of standards and technology.

3. Keep accurate records of all standards and
equipment.

4. Adopt any rules necessary to carry out this
chapter and adopt reasonable rules for the enforcement of this chapter.� These
rules have the force and effect of law and shall be adopted pursuant to title
41, chapter 6. In adopting these rules, the associate director shall
consider, as far as is practicable, the requirements established by other
states and by authority of the United States, except that rules shall not be
made in conflict with this chapter.

5. Publish rules adopted pursuant to this chapter
and issue appropriate copies at no cost to all new applicants for licensure and
certification. Updated copies of the rules shall be distributed, on
request, at no cost to the public.

6. Investigate complaints made to the division
concerning violations of this chapter and, on its own initiative, conduct
investigations it deems appropriate to develop information relating to
prevailing procedures in commercial quantity determination and relating to
possible violations of this chapter, in order to educate the public and
regulated persons to encourage and promote the general objective of accuracy in
the determination and representation of quantity in commercial transactions.

7. Establish labeling standards, establish standards
of weight, measure or count and establish reasonable standards of fill for any
packaged commodity, and may establish standards for open dating information.

8. Grant, pursuant to this chapter, exemptions from
the licensing provisions of this chapter for weighing and measuring
instruments, standards or devices when the ownership or use of the instrument
or device is limited to federal, state or local government agencies in the
performance of official functions. On request, the division may
conduct inspections of instruments, standards or devices and shall charge a fee
pursuant to section 3-3452.

9. Delegate to appropriate personnel any of the
responsibilities of the associate director for the proper administration of
this chapter.

10. Inspect and test weights and measures that are
kept, offered or exposed for sale.

11. Inspect and test, to ascertain if they are
correct, weights and measures that are commercially used either:

(a) 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.

(b) In computing the basic charge or payment for
services rendered on the basis of weight, measure or count.

12. Test, at random, commodities, weights and
measures that are used in public institutions for which monies are appropriated
by the legislature. The testing of commodities, weights and measures
in public institutions includes items:

(a) That have historically been of short weight,
measure or count.

(b) That have been found to be of short weight,
measure or count by other jurisdictions.

(c) That are to be tested as part of a regional or
national survey.

13. Test, approve for use and affix a seal of
approval for use on all weights, measures and commercial devices that are
manufactured in or brought into this state as it finds to be correct and shall
reject and mark as rejected weights, measures and devices that it finds to be
incorrect. Weights, measures and devices that have been rejected may
be seized by the division if not corrected within the time specified or if used
or disposed of in a manner not specifically authorized.� The division shall
condemn and may seize weights, measures and devices that are found to be
incorrect and that are not capable of being made correct. The
division may affix a nontampering seal to commercial devices that are tested
and found to be within applicable tolerance.

14. Sample and test motor fuel that is stored, sold
or exposed or offered for sale or that is stored for use by a fleet owner to
determine whether the motor fuel meets the standards for motor fuel set forth
in section 3-3433 and article 6 of this chapter and in any rule adopted
by the associate director pursuant to this chapter.

15. Randomly witness tests on all mandated vapor
recovery systems that are installed or operated in this state and, if the
systems are determined to be in compliance with the law, approve those systems
for use and reject, mark as rejected and stop the use of those systems that are
determined not to be in compliance with the law.

16. Inspect facilities at which motor fuel is
stored, sold or exposed or offered for sale to determine whether dispensing
devices are properly labeled.

17. Publish and
distribute to consumers and regulated persons weighing and measuring
information.

18. Weigh, measure or
inspect commodities that are kept, offered or exposed for sale, sold or in the
process of delivery to determine whether they contain the amounts represented
and whether they are kept, offered or exposed for sale in accordance with this
chapter or rules adopted pursuant to this chapter. In carrying out
this section, the associate director shall employ recognized sampling
procedures, such as are designated in appropriate national institute of
standards and technology handbooks and supplements to those handbooks, except
as modified or rejected by rule.

19. Allow reasonable variations from the stated
quantity of contents only after a commodity has entered intrastate
commerce. These variations shall include those caused by loss or
gain of moisture during the course of good distribution practice or by
unavoidable deviations in good manufacturing practice.

20. Prescribe the standards of weight and measure
and additional equipment methods of test and inspection to be employed in the
enforcement of this chapter. The associate director may prescribe or
provide the official test and inspection forms to be used in the enforcement of
this chapter.

21. Apply to any court of competent jurisdiction for
a temporary or permanent injunction restraining any person from violating this
chapter.

22. Subject to title 41, chapter 4, article 4,
employ such personnel as needed to assist in administering this chapter.

23. Ensure that any information that is required to
be filed with the division, that relates to the contents of motor fuels that
are sold in this state and that is a trade secret as defined in section 49-201
is not disclosed.

24. Establish by rule labeling standards for tanks
and containers of motor fuels.

B. The associate director may provide for the
periodic examination and inspection of metering devices, including devices used
to measure usage of electricity, natural gas or water by a consumer.�
Examination and inspection authority shall not apply to metering devices owned
by federal, state or local government agencies unless requested by the
government agency that owns the metering devices.

C. The associate director may establish standards
for the presentation of cost-per-unit information. This
subsection does not mandate the use of cost-per-unit information in
connection with the sale of any standard packed commodity.

D. The associate
director, when necessary to carry out this chapter, may adopt and enforce rules
relating to quality standards for motor fuel, kerosene, oil, except used oil
fuel, and hazardous waste fuel, lubricating oils, lubricants, antifreeze and
other liquid or gaseous fuels. The associate director shall adopt
rules to ensure that oxygenated fuels, as described in article 6 of this
chapter, that are stored, used, sold or exposed or offered for use or sale are
blended and stored, sold, exposed or offered in such a manner as to ensure that
the oxygenated fuels are properly blended, that they meet the standards set
forth in section 3-3433 and article 6 of this chapter, and in rules
adopted pursuant to this chapter, and that dispensers at which the oxygenated
fuels are dispensed are labeled as defined by rule of the division in such a
manner as to notify persons of the type of oxygenated fuel being dispensed and
the maximum percentage of oxygenate by volume contained in the oxygenated
fuel. The associate director of the division shall consult with the
director of the department of environmental quality in adopting rules pursuant
to this subsection.

E. Testing and inspection conducted pursuant to this
chapter shall be done, to the extent practicable, without prior notice, by a
random systematic method determined by the associate director or in response to
a complaint by the public. The testing and inspection may be done by
private persons and firms pursuant to contracts entered into by the associate
director in accordance with title 41, chapter 23 or by a registered service
agency or registered service representative licensed pursuant to section 3-3454. The
associate director shall establish qualifications of persons and firms for
selection for purposes of this subsection.� The persons or firms conducting the
testing and inspection shall immediately report to the division any violations
of this chapter and incorrect weights, measures, devices, vapor recovery
systems or vapor recovery components for investigation and enforcement by the
division. A person or firm that tests or inspects a weight, measure,
device, vapor recovery system or vapor recovery component that is rejected
shall not correct the defect causing the rejection without the permission of
the division.

F. During the course of an investigation or an
enforcement action by the division, information regarding the complainant is
confidential and is exempt from title 39, chapter 1, unless the complainant
authorizes the information to be public.

G. Testing and inspection conducted
pursuant to this chapter of weights, measures and commercial devices that
weigh, measure or meter or count commodities that are food items shall be
conducted every two years.

G.
H.
For
the purposes of the labeling requirements prescribed in this section,
"oxygenated fuel" means a motor fuel blend containing 1.5 percent or
more by weight of oxygen.
END_STATUTE

Sec. 2. Section 3-3475, Arizona Revised Statutes, is amended to read:

START_STATUTE
3-3475.

Civil penalties; hearing

A. A person who
violates this chapter, any rule of the division or any license requirement is
subject to a civil penalty imposed by the associate director.

B. A person who violates this chapter, any rule of
the division or any license requirement may request an informal or formal
hearing to review a civil penalty imposed under this section. If the
person requests an informal hearing, the division may conduct the informal
hearing, in person or telephonically, to resolve a warning or citation.� If the
person requests a formal hearing or the warning or citation is not resolved in
the informal hearing, the division shall conduct a formal hearing in
accordance with title 41, chapter 6, article 10.

C.
Except as prescribed in
subsection
C

D
of this
section, the civil penalty shall
not exceed one thousand dollars

be at least $100 but not more than $1,000
for
each infraction nor

the first violation but not
more
than
ten thousand dollars

$10,000
for
any thirty-day period at each business location, for each registered
service representative or for each public weighmaster, provided that
no

a
person
shall be

is not
assessed more than
fifty thousand dollars

$50,000
per thirty-day period.
For subsequent violations after the first THIRTY-day period, the
civil penalty is $150 for each violation.

C.
D.
The
associate director may double the maximum civil penalty if any of the following
applies:

1. A commercial device is found to be in violation
with results that favor the retailer at more than twice the allowable tolerance
as stated in national institute of standards and technology handbook 44.

2. A package is found to exceed the maximum
allowable variation for the labeled quantity allowed in national institute of
standards and technology handbook 133 or the average error of the lot is twice
the sample error limit in favor of the retailer.

3. A vapor recovery system reinspection fails the
required tests.

4. A maximum civil penalty has been imposed on a
retailer for a price posting or price verification violation and in a
reinspection, if conducted within ninety days, the failure rate is ten percent
or more and at least one error is in favor of the retailer.

5. A maximum civil penalty has been imposed on a
refiner, refinery, pipeline, terminal, fuel transporter, registered supplier or
transmix processing facility for a violation of motor fuel quality standards or
producing a product transfer document that is incorrect, incomplete or produced
in any manner tending to mislead or deceive a person.

D.
E.
The attorney general shall bring
actions to recover civil penalties pursuant to this section in the superior
court in the county in which the violation occurred or in a county where the
agency has its office. All monies derived from civil penalties shall
be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
END_STATUTE

Sec. 3.
Appropriation; Arizona department of
agriculture; exemption

A. The sum of $250,000 and
four FTE positions are appropriated from the state general fund in fiscal year
2026-2027 to the Arizona department of agriculture for the purposes of this
act.

B. The appropriation made
in subsection A of this section is exempt from the provisions of section
35-190, Arizona Revised Statutes, relating to lapsing of appropriations.