2006 Louisiana Laws - RS 3:693 — Tolerances; tagging; defective devices; notice

§693.  Tolerances; tagging; defective devices; notice

A.  A moisture measuring device shall be deemed defective whenever an inspector determines after inspection and testing that:

(1)  The moisture measuring device varies in tolerance in excess of one-half of one per cent with the testing device used by the inspector; or

(2)  The commercial facility does not have available the latest charts for the type of moisture measuring device being used; or

(3)  The facility does not have available accurate and proper scales and thermometers for use in conjunction with the type of moisture measuring device being used.

B.(1)  Except as provided in Paragraph (2) of this Subsection, a measuring device which is determined to be defective and which defect cannot be immediately corrected shall be sealed and tagged in such a manner as to prevent its further use until repaired, reinspected, and approved for use.

(2)  A moisture measuring device which does not meet the tolerance set forth in Paragraph (1) of Subsection A of this Section may be continued in use for a period not to exceed thirty days, but only under the conditions set forth in Paragraphs (3) and (4) of this Subsection.

(3)  The owner or user desiring to continue to use a device determined to be defective pursuant to Paragraph (1) of Subsection A of this Section shall be required to keep a record of every commercial sample for which a moisture reading is taken with the defective device.  An adjustment shall be made in figuring any discount or price variance for the commodity affected, which adjustment shall reflect the percentage by which the device was determined by an inspector of the department to be out of tolerance.  The records shall be open to reasonable public inspection.

(4)  No defective device shall be continued in use in a defective condition for more than thirty days from the date it is determined to be defective.

(5)  Notice shall be conspicuously posted to the effect that a defective device is being used and the percentage by which the device has been determined to be out of tolerance.

C.  Moisture measuring devices which have been registered and inspected and which have not been found defective shall bear an official tag or sticker from the department, placed on the devices by the inspector in such a manner as to be readily visible, bearing the date of inspection and the name of the inspector. Such tags or stickers shall be nontransferable.

Added by Acts 1977, No. 23, §1, eff. Jan. 1, 1978.