Enforcement Action and Civil Penalties

Authority to Inspect

The Weights and Measures Services Division (WMSD) is provided the authority to conduct inspections of commercial, non-profit, and government locations under Arizona Revised Statutes (A.R.S.) Title 3, Chapter 19. Inspections are initiated by WMSD to evaluate and ensure a location's compliance with applicable statutes, as well as rules provided in the Arizona Administrative Code (A.A.C.) Title 3, Chapter 7. Inspections are generally unannounced to the regulated party and the to public, as unannounced inspections often provide the best representation of a location's day-to-day business practices. Before an inspection begins, WMSD staff are required to present agency photo-identification, state the purpose of the inspection, and review the Regulatory Bill of Rights with a location representative. Inspection results must be available to the inspected location within 30 days of the inspection date. In most cases, inspection results may be e-mailed to the location at the e-mail address on file with WMSD. Inspection results are also posted for public view in our online inspection database.

 

Presumptive Evidence of Use

A.R.S. §3-3474 states the following:

"When a weight, measure, meter, counter or commercial device is in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, meter, counter or commercial device is regularly used for the business purpose of the place."

This statute means that WMSD is permitted to presume that any weighing or measuring device found at a business is used for commercial purposes and is therefore required to comply with WMSD regulations. It is important for locations to ensure that any weighing and/or measuring device being used in a commercial manner is properly licensed with WMSD, and meets all applicable requirements as outlined in A.R.S. and A.A.C.

 

Enforcement Powers

The Weights and Measures Services Division (WMSD) is provided the authority to issue enforcement action in response to violations of A.R.S. Title 3, Chapter 19, and A.A.C. Title 3, Chapter 7, that are documented during an official inspection. These enforcement powers are found in A.R.S. §3-3415 and include the authority to:

  • Issue stop-use, hold, and removal orders with respect to any commercial weighing and measuring devices found to be in violation of our statute and/or rule
  • Issue stop-sale, hold, and removal orders with respect to any commodity or motor fuel kept, offered, or exposed for sale found to be in violation of our statute and/or rule
  • Issue stop-use and hold orders with respect to any gasoline vapor recovery system found to be in violation of our statute and/or rule
  • Seize for use as evidence, without a formal warrant, any incorrect or unapproved commercial weighing and measuring device, test standard, or commodity found to be in violation of our statute and/or rule

In addition to the enforcement powers listed above, our agency is also authorized under A.R.S. §3-3475 to issue civil penalties.

 

Civil Penalties

Civil penalties may be issued for violations relating to commercial devices, Registered Service Agencies, Registered Service Representatives, Public Weighmasters, motor fuel quality, gasoline vapor recovery, retail price posting, retail price accuracy, or other non-compliance issues that are identified during an inspection. Specific civil penalty requirements and maximum penalties are outlined in A.R.S. and A.A.C. When violations are identified by field staff, they are documented in the WMSD database using a three-digit fail code. The fail code serves as a unique identifier for the type of violation, and allows our agency to track the compliance rate in regards to different inspection types. Inspection results are reviewed by WMSD office staff, and a Notice of Violation will be issued for any violation that constitutes a civil penalty. Civil penalties are generally issued for the following violations:

  • Any violation that is detremential to the consumer
  • Fuel quality violations
  • Air quality violations (Cleaner Burning Gasoline and gasoline vapor recovery)

In certain instances, there may be violations identified that fall outside of our traditional civil penalty policy, or where the lack of compliance appears to be negligent. In these cases, WMSD has the statuatory authority to issue an increased civil penalty amount.

 

"What do I do if I receive a Notice of Violation?"

The Notice of Violation provides the recipient information about their right to appeal any civil penalty issued by WMSD. If you do not wish to appeal, civil penalties are due within 30 days of being issued and may be paid using a credit card online, or by a check sent through the mail. You may also pay civil penalties and other fees in-person at the Agriculture Building in Phoenix.

 

"How much is a civil penalty?"

A table listing the civil penalty amounts per violation is provided below. In most cases, the amounts listed are the maximum allowable penalty, however, per A.R.S. §3-3475(C) WMSD may double the maximum civil penalty in certain situations. Please note that most civil penalties are issued per violation. As an example, if a location is found to be operating two devices that weigh or measure with error in favor of the device owner/operator, a civil penalty will be issued for each device in violation. Also note that the enforcement actions described under the "Enforcement Powers" section of this page may be implemented with or without the issuance of a civil penalty.

Violation Codes & Civil Penalties

Code

Description

A.R.S. Citation

A.A.C. R3-7- Citation

First Offense

Repeat Offense

101

Device not licensed

3-3451, 3-3452

104(F)(1); 201

$100

$200

102

Device registration in favor of owner/operator

3-3413

104(F)(4), (F)(11)

$300

$500

103

Device registration in favor of consumer

3-3413

104(F)(5)

N/A

N/A

104

Device not NTEP/CTEP approved

3-3413, 3-3415, 3-3418

104(F)(3); 203

N/A

$500

106

Unauthorized tag removal

3-3473(B)(3)

104(F)(2)

$500

$500

107

Calibration seal (missing/broken/not properly affixed)

3-3413

104(F)(4), (F)(6), (N)(9)

$50

$100

198

Skimmer found

3-3413

203

N/A

N/A

200

Device will not zero/return to zero

3-3413

104(F)(8)

Only when combined with code 102

Only when combined with code 102

201

Device marking/identification requirements

3-3413

104(F)(9)

N/A

$300

202

Incorrect installation/device not suitable for use

3-3413

104(F)(3), (F)(7)

N/A

$300

203

Vehicle scale approach requirements

3-3413

104(F)(10)

N/A

$300

204

Split weighing

3-3413

104(F)(3)

$300

$500

205

Device price posting/method of sale

3-3413, 3-3431(C), (D), (J)

302

N/A

N/A

206

Timing device time violation

3-3413

104(F)(4), (F)(5), (F)(11)

Only when combined with code 102

Only when combined with code 102

207

Timing device posted rate/time representation

3-3413, 3-3431(C)

104(F)(3), (F)(4), (F)(5), (F)(11)

N/A

$300

208

Unattended device responsible party contact information

3-3413

N/A

N/A

N/A

209

Device accessibility/assistance in inspection and testing

3-3413

104(F)(7)

$300

$500

210

Abnormal device performance

3-3413

104(F)(4), (F)(5), (F)(7)

Only when combined with code 102

Only when combined with code 102

211

Device shift/section test failure

3-3413

104(F)(4), (F)(5), (F)(11)

Only when combined with code 102

Only when combined with code 102

300

Weighmaster weight certificate violation

3-3453(G)

104(G); 503(B); 505

$50

$100

301

Weighmaster seal or press

3-3453(G)

104(G); 503(B)(6); 506

$300

$500

302

Weighmaster/deputy not licensed

3-3453(A), (B), (D)

104(G)(5), (G)(6); 501(B); 502(A)

$300

$500

303

Weighmaster recordkeeping

3-3453(G)

104(G); 505(G)

$50

$100

304

Weighmaster's scale not licensed/evidence of split weighing

3-3413, 3-3453(A)(2)

104(F)(1); 504(G); 507(A)(9)

$300

$500

400

Commodity incorrect method of sale

3-3431

104(H); 302

N/A

$300

401

Commodity labeling requirements

3-3414(A)(7), 3-3431(F)(G)

104(H); 302

N/A

$300

402

Commodity does not meet declared quantity

3-3431(A), (I)

104(H); 302

$300

$500

403

Scanned price overcharge

3-3431(C)

104(I)

$100

$200

406

Advertised price incorrect

3-3431(C)

104(I)

$100

$200

407

Price posting requirements

3-3431(F)(4), (G), (H), (L), (M), (N)

104(J); 302(D); 402

N/A

$100

408

Price error policy not available

3-3431(O)(2)

104(I)(4)

N/A

$300

409

No point-of-sale display/display not visible to customer

3-3414(A)(4)

104(I)(5); 302(F)

N/A

$300

410

Bulk sale delivery ticket requirements

3-3431(E)

302

N/A

$300

501

Fuel dispenser/tank labels and decals

3-3413, 3-3433(B)

104(K); 705; 713

N/A

$300

502

Fueling site street price sign

3-3431(C), (J), 3-3433(B)

704

N/A

$300

503

Fuel dispenser price computation

3-3413

104(F)(4), (F)(7), (F)(11)

$300

$500

511

Fuel dispenser meter jump

3-3413

104(F)(4), (F)(8), (F)(11)

$50

$100

512

Fuel dispenser meter creep

3-3413

104(F)(4), (F)(11)

$50

$100

513

Fuel dispenser indicator readability

3-3413

104(A); 705(E)

N/A

$300

514

Fueling nozzle anti-drain

3-3413

104(A)

N/A

$300

515

Fueling nozzle auto-shutoff/hold-open latch/grip guard color

3-3413, 3-3436

104(A), 717

N/A

$300

516

Fuel dispensers predominately in favor of owner/operator

3-3413

104(F)(4), (F)(11)

N/A

$500

517

Hose/nozzle/dispenser misc. issue, fuel leaks

3-3413

104(F)(4), (F)(7)

N/A

$300

551

LPG meter jump

3-3413

104(F)(4), (F)(8), (F)(11)

$50

$100

552

LPG meter creep

3-3413

104(F)(4), (F)(11)

$50

$100

553

LPG indicator readability

3-3413

104(A)

N/A

$300

554

LPG method of sale

3-3431

302

N/A

$300

555

LPG hose/connector damage/leaks/safety issues

3-3413

104(F)(4), (F)(7)

N/A

$300

556

LPG automatic temperature compensation requirements

3-3413

104(A), (F)(4)

$300

$500

598

Product storage tank fill/vapor labels (found during fuel quality insp.)

3-3413, 3-3433(B)

104(K); 713

N/A

$300

600

Fuel product transfer document

3-3433(O), (P), 3-3498

104(K)(4); 707; 716; 757

$300

$500

601

Fuel quality, octane

3-3433(A), (B)

104(K)(3), 714(A)

$500

$1000

602

Fuel quality product labeling

3-3433(B), (K)

104(K); 705; 713

N/A

$300

604

Fuel quality, water content

3-3433(A), (B)

711; 712; 714(A), (B)

$500

$1000

605

Fuel quality, oxygenate content

3-3433(A), (B), 3-3492(A), 3-3495(A)

708; 710; 751

$500

$1000

606

Fuel quality, vapor pressure (volatility)

3-3433 (A-G), 3-3491(A)

708(B); 714(A); 751

$500

$1000

607

Fuel quality, aromatics

3-3433(A)

714(A); 751

$500

$1000

608

Fuel quality, olefins

3-3433(A)

714(A); 751

$500

$1000

609

Fuel quality, sulfur

3-3433(A), (B), (J)

714(A); 751

$500

$1000

610

Fuel quality, distillation

3-3433(A), (E)

714(A); 751

$500

$1000

611

Fuel quality, saturates

3-3433(A)

714(A)

$500

$1000

612

Fuel quality, benzene

3-3433(A)

714(A)

$500

$100

613

Fuel quality, diesel flash point

3-3433(A), (B)

714(A)

$500

$1000

614

Fuel quality, diesel cetane index

3-3433(A), (B)

714(A)

$500

$1000

615

Fuel quality, diesel cloud point

3-3433(A), (B)

714(A)

$500

$1000

616

Motor fuel reporting

3-3433(I), 3-3491(B), 3-3492(C), 3-3493(C), (D)

718

N/A

$300

620

Fuel quality, biodiesel content

3-3433(A), (B), (M)

718

$500

$1000

621

Biodiesel fuel quality

3-3433(A), (B)

718

$500

$1000

622

Ethanol flex fuel quality

3-3433(A), (B)

718

$500

$1000

700

Authority to Construct, no approval/permit expired

3-3512(A), (D), (E)

104(L); 1004

$300

$500

701

Vapor recovery, CARB/WMSD specifications not met

3-3512(A), (C), (E)

1003; 1007

$300

$500

702

Pre-burial inspection not scheduled

3-3512(E)

1004(G)

$300

$500

703

Annual test/inspection not scheduled

3-3512(C)(5)

1010

N/A

$500

704

ATC permit not maintained at location during construction

3-3512(E)

1004(E)(1)

N/A

$300

705

Vapor recovery inspection/maintenance logs

3-3514

1008; 1009

$300

$500

706

Registered Service Agency late to inspection/no-show

3-3512(C)(5)

104(N)(7), (N)(8); 1005(F); 1010

N/A

$300 if second violation in 12-month period

707

Gasoline throughput reporting

3-3512(B)

1002(B)

N/A

$300

710

Pressure decay test

3-3512(C)(5)

1005(A)(1); 1010

$300

$500

713

Ullage, fuel delivery time requirements

3-3512(C)(5)

1005(A)(1); 1010

N/A

$300

723

Spill containment bucket

3-3512(C)

1007(D)(3)(a)

$300

$500

725

Fill and/or vapor adaptor

3-3512(C)

1007(D)(3)(b)

$300

$500

729

Tank monitoring system

3-3512(C)

1007(D)(6)

N/A

N/A

731

Pressure/vacuum vent valve

3-3512(C)

1007(D)(1)

$300

$500

798

Vapor recovery equipment/maintenance/inspection log (found during device insp.)

3-3512

1007

$300

$500

799

Vapor recovery equipment/maintenance/inspection log (found during fuel quality insp.)

3-3512

1007

$300

$500

801

Registered Service Agency, PISR not submitted as required

3-3454(H)

104(N)(1); 602(A)(2), (B)(1)(e)

$50

$300

802

Device not compliant after repair

3-3413

104(N)(2); 602(B)

$300

$500

803

Registered Service Agency/Representative not licensed

3-3454(A), (D)

104(N)(3), (N)(4); 601; 603(D); 604(A), (B)

$500

$1000

804

Registered Service Agency removed tag without authorization

3-3473(B)(3)

104(F)(2), (N)(5); 604(A)(3)

$500

$1000

805

Registered Service Agency standards not certified

3-3416(F)

104(N)(6); 602(A)(1); 604(B)(3)

$500

$1000

814

Registered Service Agency, failure to report new standards

3-3416(F)

104(N)(6); 602(A)(4)

$50

$300

815

Vapor recovery paperwork not submitted per requirements

3-3454(H)

104(N)(1); 602(A)(6)

$50

$300

816

Registered Service Agency, falsified paperwork

3-3454(H)

104(N)(1); 602(A); 604(B)

$500

$1000

901

Cleaner Burning Gasoline, failure to register/report/recordkeeping

3-3414(D)

750(D); 752; 753(E), (F); 762

$500

$1000

902

Laboratory QA/QC plan

3-3414(D)

752(E); 753(G); 755(I)(7); 762

$500

$1000

903

Cleaner Burning Gasoline, blending

3-3414(D)

754; 755; 756; 762

$500

$1000

904

Cleaner Burning Gasoline audit discrepancies

3-3414(D)

760; 762

$500

$1000

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