1. (1) Any individual or entity found in violation of any portion of the Code of Ala. 1975, as amended, and the Alabama Administrative Code relating to the operation, use, or possession of a weighing and measuring device shall be placed under written notice of violation by the Commissioner of Agriculture and Industries or his or her duly authorized agents. Said individual or entity will have thirty days from the date of violation notice to comply with this regulation. If, said individual or entity fails to comply with this regulation, they shall be immediately subject to any and all penalties relating to weights and measures provided for in the Code of Ala. 1975, as amended or the Alabama Administrative Code.
2. (2) Any individual or entity found to be in violation of this chapter or any portion of Title 8, Chapter 16 of the Code of Ala. 1975, as amended, shall be subject to a fine of $500.00 per occurrence for the first violation within a twelve (12) month period. Subsequent violations at the same physical location during the same twelve (12) month period shall result in a fine of twice the amount of the previous fine, not to exceed $8,000.00.

3. (3) Any individual or entity possessing and operating a liquid petroleum measuring device that has not been serviced or calibrated within the past two fiscal years shall be immediately subject to a fine of $5,000 per location. In this situation, the Department may audit the individual or entity possessing and operating the noncompliant liquid petroleum measuring device for the past six fiscal years and fine the individual or entity $5,000.00 per year for noncompliance with the annual servicing and calibrating requirement in Ala. Admin. Rule 80-13-6-.04. The maximum fine allowable under this section is $25,000.00 per location.

   Example 1: If it is discovered during the 2022 fiscal year that a device was not serviced or calibrated during fiscal year 2021, but was serviced and calibrated during the 2020 fiscal year, the individual or entity possessing or operating the measuring device will be given thirty days to have the device serviced and calibrated or be fined in accordance with 80-13-6-.05(1).

   Example 2: If it is discovered during the 2022 fiscal year that a device was not serviced and calibrated during FY2020 nor FY2021, the individual or entity possessing or operating that device is immediately subject to a fine of $5,000.00.

   Example 3: If it is discovered during the 2022 fiscal year that a device was not serviced and calibrated during FY2016, FY2017, FY2018, FY2019, FY2020 nor FY2021, the individual or entity possessing or operating that device is immediately subject to a fine of $25,000.00.

Author: Patrick B. Moody, N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §§8-16-7, 8-16-18.

History: New Rule: Filed May 14, 2014, effective June 18, 2014. Amended: Published February 28, 2022; effective April 14, 2022.