CHAPTER 33
HOUSE BILL No. 2245
An Act concerning weights and measures; relating to standards of commercial weighing
and measuring devices; amending K.S.A. 2002 Supp. 83-202 and repealing the existing
section.

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

      Section  1. K.S.A. 2002 Supp. 83-202 is hereby amended to read as
follows: 83-202. (a) Except as provided further:

      (1) The system of weights and measures in customary use in the
United States and the metric system of weights and measures are jointly
recognized, and either one or both of these systems shall be used for all
commercial purposes in the state.

      (2) The following standards and requirements shall apply to com-
mercial weighing and measuring devices:

      (A) ``The standards of the national conference on weights and meas-
ures'' published in the national institute of standards and technology
handbook 44 entitled specifications, tolerances, and other technical
requirements for weighing and measuring devices as published on Oc-
tober, 1994 or later versions as established in rules and regulations
adopted by the secretary, except those vehicle scales installed prior to the
effective date of this act and used solely for the purpose of weighing
aggregate products shall be exempt from the provisions contained in sec-
tion 2.20 scales, table 6 of such handbook. Such aggregate product scales
shall have a minimum tolerance of + /- 100 pounds. Such exception shall
be in effect for a period of two years from the effective date of this act
until August 31, 2005;

      (B) ``the uniform laws and regulations of the national conference on
weights and measures'' published in the national institute of standards
and technology handbook 130 regarding packaging and labeling, the
method of sale of commodities, national type evaluation regulation, motor
fuel inspection and motor fuel regulation, as published on December,
1994 or later versions as established in rules and regulations adopted by
the secretary;

      (C) ``checking the net contents of packaged goods'' published in the
national institute of standards and technology handbook 133, third edi-
tion, as published on September, 1988 or later versions as established in
rules and regulations adopted by the secretary;

      (D) ``checking the net contents of packaged goods'' published in the
national institute of standards and technology handbook 133, third edi-
tion, supplement 4, as published on October, 1994 or later versions as
established in rules and regulations adopted by the secretary; and

      (E) any other handbooks or sections thereof as adopted by the sec-
retary by rules and regulations.

      (b) Whenever there exists an inconsistency between the provisions of
chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
and any of the handbooks adopted by reference, the requirements of
chapter 83 of the Kansas Statutes Annotated, and amendments thereto,
shall control.

      Sec.  2. K.S.A. 2002 Supp. 83-202 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 3, 2003.
__________