TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

This rule amends a rule that provides for the specifications, tolerances, and other technical requirements for weighing and measuring devices. The ISDH inspects weighing and measuring devices used in industry and at the consumer level to ensure accuracy based on the adopted standards. The amendment brings the rule up to date by including the latest versions of the National Institute of Standards and Technology (NIST) handbooks to ensure consistency within Indiana and throughout the United States.

Businesses who have a weighing scale or sell products by volume or weight are subject to this rule. While the ISDH does not track all affected businesses, especially by size or number of employees, hundreds of these businesses may qualify as a small business under IC 4-22-2.1-5.

The amendments to this rule will not require any additional reporting, record keeping, or other administrative costs to comply with the proposed rule.

There will be no economic impact for compliance with the proposed rule. The small businesses currently follow these standards as they are the national standard.

The amendments to this rule do not impose any requirement or cost on small businesses that is not expressly required by the statute authorizing the adoption of the rule. The authorizing statute is IC 24-6-3.

A. Establishment of less stringent compliance or reporting requirements for small businesses.

It is not possible or desirable to establish less stringent compliance requirements for small businesses when you are setting standards for weight and volume. Consistency of these measures is necessary for intrastate commerce and interstate commerce.

B. Establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.

It is not possible or desirable to establish less stringent schedules or deadlines for compliance for small businesses. Consistency of these measures is necessary for intrastate commerce and interstate commerce.

C. Consolidation or simplification of compliance or reporting requirements for small businesses.

Consolidation or simplification of compliance or reporting requirements for small businesses is not possible. The national standards must be consistent statewide and nationwide to ensure intrastate commerce and interstate commerce.

D. Establishment of performance standards for small businesses instead of design or operational standards imposed on other regulated entities by the rule.

The standards that must be met are for all, whether it is a large or small business. The standards must be met continuously.

E. Exemption of small businesses from part or all of the requirements or costs imposed by the rule.

It is not sensible to exempt small businesses from any of the rule requirements or costs. Consistency of these requirements is necessary for intrastate commerce and interstate commerce.

This rule amendment does not increase costs or impose burdensome requirements. All businesses, small, medium, or large, must meet the same standards statewide and nationwide in order to maintain interstate commerce. The ISDH is given the authority to inspect these businesses to ensure that weighing and measuring standards are met and that products manufactured and sold are compliant.

DIN: 20140226-IR-410130455EIA

Composed: Apr 24,2024 8:26:03PM EDT

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