S T A T E O F N E W Y O R K
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3437
2009-2010 Regular Sessions
I N S E N A T E
March 19, 2009
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Introduced by Sen. MONSERRATE -- read twice and ordered printed, and
when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to
inspection and testing of optical scanning devices and systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 13 of section 179 of the agriculture and
markets law, as amended by chapter 402 of the laws of 1998, is amended
to read as follows:
13. Inspect and test, either personally or through his authorized
agents, weights and measures, weighing and measuring devices and
systems, and accessories relating thereto, AND OPTICAL SCANNING DEVICES
AND SYSTEMS, which are used commercially within the state by any person,
firm or corporation in determining the weight, measure or count of
commodities or things sold, or offered or exposed for sale on the basis
of weight, measure or count, or in computing the basic charge or payment
for services rendered on the basis of weight, measure or count, or in
the case of coin counting machines which are used commercially within
the state by any coin processor required to be licensed pursuant to
article twenty-seven-A of the general business law ("coin processor
licensing act"), in determining an accurate count of coins, OR IN SCAN-
NING THE PRICE OR DETERMINING THE IDENTITY OF COMMODITIES OR OTHER
THINGS SOLD, in order to ascertain if such weights and measures, weigh-
ing and measuring devices and systems, or accessories related thereto OR
OPTICAL SCANNING DEVICES AND SYSTEMS are correct and are being used
correctly; and charge fees commensurate with the cost of each such
inspection or test for inspections and tests which are not otherwise
conducted by municipalities. The commissioner is also authorized to
charge fees commensurate with the cost of each such inspection or test
for inspections and tests conducted for the purpose of certifying munic-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07205-02-9
S. 3437 2
ipal weighing and measuring devices and systems. Fees authorized by this
subdivision shall be established by the commissioner by regulation.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.