Measuring Devices

PURPOSE: This rule establishes requirements for the specifications, installation, use and tolerances of measuring devices. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Each location dispensing products regulated by Chapter 414, RSMo shall have a measuring device for each product dispensed which shall be utilized for the sale of products regulated by Chapter 414, RSMo. All transactions involving the sale of petroleum products regulated by Chapter 414, RSMo shall be based on the gallons stated by the measuring device. (2) All measuring devices shall be installed in locations easily accessible for testing, inspection, and maintenance purposes. (3) The director shall order any device installed in a manner not accessible for testing, inspection, and maintenance to be corrected, discontinued from use or removed. (4) Each measuring device used in the sale of petroleum products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44, National Fire Protection Association (NFPA) Manual No. 30A, 1996 Edition which is incorporated herein by reference, and be installed and maintained as recommended by the device manufacturer. (5) At least every six (6) months, the director shall test and inspect the measuring devices used by any person selling an average of two hundred (200) or more gallons of gasoline, gasoline-alcohol blends, diesel fuel, heating oil, kerosene or aviation turbine fuel each month at either retail or wholesale in this state except marinas, which shall be tested and inspected at least once each year. (6) The meter of each dispensing device shall be sealed with an official state security seal applied by the director or his/ her delegated representative. No person shall break or tamper with any official state security seal without the consent of the director or his/her delegated representative except for repair or replacement of that device, at which time notification is to be given to the director within five (5) days. (7) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo. (8) If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories or an abnormal amount of labor, the equipment, accessories, and labor shall be supplied by the owner or operator of the device as required by the weights, measures, and consumer protection official. AUTHORITY: section 414.142, RSMo 2016.* This rule was previously filed as 2 CSR 90-30.020. Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended: Filed June 27, 2018, effective Jan. 30, 2019. *Original authority: 414.142, RSMo 1987, amended 1993, 1995.