Vermont § 2730 - Licensing for operation of weighing and measuring devices

§ 2730. Licensing for operation of weighing and measuring devices

• (a) As used in this section: (1) “Secretary” means the Secretary of Agriculture, Food and Markets. (2) “Capacity” means, for a scale, the heaviest specified load that can be applied to
  the load-receiving element of the scale, as rated by the manufacturer. (3) “Hopper scale” means a weighing device designed for weighing bulk commodities whose
  load-receiving element is a tank, box, or hopper mounted on a weighing element. (4) “Motor fuel dispenser meter” means a device designed for the measurement and delivery
  of liquids used as fuel for internal combustion engines. (5) “Scale” means any weighing device used in commercial trade and not otherwise covered
  by this chapter. (6) “Meter” means any measuring device used in commercial trade that measures vapor, liquid,
  elapsed time, or distance. (7) “Vehicle tank meter” means a measuring device that is affixed to a tank mounted on
  a vehicle used for the measurement and delivery of petroleum products, except liquified
  petroleum gas. (8) “Vehicle scales” mean scales adapted to weighing highway, farm, or other large industrial
  vehicles, except railroad freight cars, loaded or unloaded. (9) “Heavy duty scale” means a device with rated capacity in excess of 3,000 pounds. (10) “Propane meter” means a device used to measure liquified petroleum gas. (11) “Bulk plant meter” means a device used to measure fluid or gas moving from storage
  tanks to tanks mounted on vehicles. (12) “Commercial” means the exchange or buying and selling of goods, commodities, or services
  for profit or fee. (13) “Medium duty scale” means a device with rated capacity between 100 and 3,000 pounds. (14) “Electric vehicle supply equipment” and “electric vehicle supply equipment available
  to the public” have the same meanings as in 30 V.S.A. § 201. (b) No person shall operate a commercial weighing and measuring device without first obtaining
  a license from the Secretary. Any person operating commercial weighing and measuring
  devices at more than one location, or in more than one motor vehicle, shall obtain
  a separate license for each location or vehicle. (c) Any person wishing to obtain a license to operate a weighing or measuring device shall
  annually apply to the Secretary, on forms provided by the Secretary, on or before
  January 1. Each application shall be accompanied by a fee as specified in this section.
  Except for new applicants, any applicant who applies for a license after January 1
  shall pay a late fee as provided for under 6 V.S.A. § 1(a)(13). (d) The Secretary may suspend, revoke, or deny a license application if the licensee,
  or applicant, has violated any provision of this chapter. The Secretary may require
  reapplication and payment of appropriate fees whenever excessive inspections are required
  to ensure the credibility of a commercial device. A person in violation of this section
  shall be subject to penalty under subchapter 7 of this chapter. (e) The Secretary shall not issue a weighing and measuring device license unless: (1) the device to be operated has been inspected and approved by the Agency of Agriculture,
  Food and Market’s consumer assurance section within 12 months of the date of application
  or within a longer period as the Agency determines appropriate for the specific device
  at issue, provided that the period shall not extend more than 24 months from the date
  of application; and (2) the applicant furnishes all information required by the Secretary. (f)(1) The Secretary shall charge, per unit, the following annual license fees: (A) Retail motor fuel dispenser meter: $25.00. (B) Vehicle tank meter: $125.00. (C) Scales: $10.00. (D) Vehicle and heavy duty scales: $175.00. (E) Each distinct plug-in connection point of electric vehicle supply equipment available
  to the public: $25.00. (F) Meter: $25.00. (G) [Repealed.] (H) Truck mounted propane meter: $175.00. (I) Hopper scales: $125.00. (J) Propane fill station: $60.00. (K) Medium duty scales: portable platform scales: $35.00. (2) When the Agency incurs expenses when conducting a licensing procedure greater than
  those normally incurred, the Agency shall assess and retain a service charge sufficient
  to recoup its additional expenses. (g) [Repealed.] (h) The Secretary may waive the license fee for medium duty scales for commercial enterprises
  that operate the scales primarily as a public service. (Added 1989, No. 257 (Adj. Sess.), § 19; amended 1991, No. 31, §§ 2-4, eff. Jan. 1, 1992; 1991, No. 80, §§ 2-4; 1991, No. 227 (Adj. Sess.), § 7; 1993, No. 74, §§ 7, 7a; 1995, No. 128 (Adj. Sess.), §§ 6, 7; 1999, No. 49, § 129; 2001, No. 143 (Adj. Sess.), § 43, eff. June 21, 2002; 2009, No. 134 (Adj. Sess.), § 17; 2013, No. 72, § 21; 2013, No. 159 (Adj. Sess.), § 11(g), eff. July 1, 2016; 2015, No. 149 (Adj. Sess.), § 27; 2017, No. 74, § 15; 2017, No. 75, § 6; 2019, No. 59, § 32; 2023, No. 73, § 4, eff. July 1, 2023; 2023, No. 78, § E.223, eff. July 1, 2023.)