Texas Department of Agriculture raising penalties for weights and measures violations
Published: 05-24-07
Published: 05-24-07
AUSTIN – As gasoline prices continue to increase so will the cost for those caught cheating Texas drivers. Agriculture Commissioner Todd Staples announced today the Texas Department of Agriculture is increasing penalties for any fuel pump found out of tolerance in the state. This is the first time since 1996 TDA has increased the penalties for weights and measures violations.“Gas prices are high enough without consumers getting shortchanged at the pump” Commissioner Staples said. “Drivers need to have confidence they are receiving exactly what they are paying for every time they fill up.”
In accordance with specifications published by the National Institute of Standards and Technology TDA tests fuel pumps using a tolerance of six cubic inches – about six tablespoons – per five gallons. The new penalties for first and subsequent offenses are based on how much a pump varies from the tolerance level.
The penalties are:
• More than twice in excess of tolerance (12 cubic inches) – $100 per device for the first offense and $200 for each device for the second offense;
• More than three times in excess of tolerance (18 cubic inches) – $150 per device for the first offense and $300 for each device for the second offense; and
• More than four times in excess of tolerance (24 cubic inches) – $250 per device for the first offense and $500 for each device for the second offense.
TDA has 72 weights and measures inspectors throughout the state checking more than 68500 fuel pumps a year. An inspector will place an “out of order” tag on any pump not dispensing the correct amount of fuel within the allowable tolerance. An entire station can also be tagged out of order if a majority of the pumps are dispensing fuel in favor of the station owner even if the pumps are within the tolerance level.
The penalties are:
• More than twice in excess of tolerance (12 cubic inches) – $100 per device for the first offense and $200 for each device for the second offense;
• More than three times in excess of tolerance (18 cubic inches) – $150 per device for the first offense and $300 for each device for the second offense; and
• More than four times in excess of tolerance (24 cubic inches) – $250 per device for the first offense and $500 for each device for the second offense.
TDA has 72 weights and measures inspectors throughout the state checking more than 68500 fuel pumps a year. An inspector will place an “out of order” tag on any pump not dispensing the correct amount of fuel within the allowable tolerance. An entire station can also be tagged out of order if a majority of the pumps are dispensing fuel in favor of the station owner even if the pumps are within the tolerance level.
The owner or operator is responsible for having a pump fixed and re-inspected by TDA before the pump can be further used to sell fuel. This is in addition to any penalty the owner or operator may incur.
“At TDA we take our consumer protection efforts very seriously whether inspecting eggs grocery store scales plants from nurseries or gas pumps” Commissioner Staples said. “Since we oversee many regulatory programs that directly impact a consumer’s pocketbook our inspectors are on the frontlines helping ensure shoppers are getting both high quality and accurate quantity for the products they are buying.”
In addition to fuel pumps TDA is also increasing fines for non-compliant commodity scales and pricing discrepancies at the checkout counter. All of the new penalties go into effect May 25 2007 just in time for the Memorial Day Holiday Weekend.
“At TDA we take our consumer protection efforts very seriously whether inspecting eggs grocery store scales plants from nurseries or gas pumps” Commissioner Staples said. “Since we oversee many regulatory programs that directly impact a consumer’s pocketbook our inspectors are on the frontlines helping ensure shoppers are getting both high quality and accurate quantity for the products they are buying.”
In addition to fuel pumps TDA is also increasing fines for non-compliant commodity scales and pricing discrepancies at the checkout counter. All of the new penalties go into effect May 25 2007 just in time for the Memorial Day Holiday Weekend.
