Arkansas Administrative Code
Agency 209 - Arkansas Agriculture Department
Division 02 - State Plant Board
Rule 209.02.03-010 - Rule for the Northeast Delta Zone of Arkansas for Boll Weevil Eradication in 2004
Universal Citation: AR Admin Rules 209.02.03-010
Current through Register Vol. 49, No. 9, September, 2024
Uniform Regulation for National Type Evaluation
Section 1. Application.
This regulation shall apply to [ NOTE u see page 138] any type of device and/or equipment covered in National Institute of Standards and Technology Handbook 44 for which evaluation procedures have been published in National Conference on Weights and Measures, Publication 14, "National Type Evaluation Program, Technical Policy, Checklists, and Test Procedures."
NOTE 1: This section can be amended to include a list of devices or device types to which NTEP evaluation criteria does not apply. Additionally, a State can amend this section to allow it to conduct a type evaluation and issue a "Certificate of Approval." This approach should be limited to occasions where formal NTEP Type Evaluation criteria does not apply and to new technologies or device applications where the development of criteria is deemed necessary by the Director.
Section 2. Definitions
2.1.
Active Certificate of
Conformance. - A document issued based on testing by a Participating
Laboratory, which the certificate owner maintains in active status under the
National Type Evaluation Program (NTEP). The document constitutes evidence of
conformance of a type with the requirements of this document and the NIST
Handbooks 44, 105-1, 105-2, or 105-3. By maintaining the Certificate in active
status, the Certificate owner declares the intent to continue to manufacture or
remanufacture the device consistent with the type and in conformance with the
applicable requirements. For manufacturers of grain moisture meters,
maintenance of active status also involves annual participation in the NTEP
Laboratory On-going Calibration Program, OCP (Phase II). A device is traceable
to an one or more active Certificates of Conformance if it was manufactured
during the period that the Certificate was maintained in active status.
(Amended 2000 and 2001)
2.2.
Device.-- Device means any
weighing and measuring device as defined in §
2.15. Commercial and Law
Enforcement Equipment.
2.3.
Director. - Means the_______of the department
of_____________._
2.4.
Manufactured Device. - Any
commercial weighing or measuring device shipped as new from the original
equipment manufacturer.
(Added 2001)
2.5.
National Type Evaluation Program.
- A program of cooperation between the National Conference on Weights
and Measures, the National Institute of Standards and Technology, other Federal
agencies, the States, and the private sector for determining, on a uniform
basis, conformance of a type with the relevant provisions of National Institute
of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other
Technical Requirements for Weighing and Measuring Devices," and National
Conference on Weights and Measures, Publication 14, "National Type Evaluation
Program, Technical Policy, Checklists, and Test Procedures." (Amended
2000)
2.6.
One-of-a-Kind
Device. - A (non-NTEP) device designed to meet unique demands for a
specific installation and of a specific design which is not
commercially available elsewhere (one such device per manufacturer). If a
device manufactured for sale by a company has been categorized and tested as a
"one-of-a-kind" device and the manufacturer then decides to manufacture an
additional device or devices of that same type, the device will no longer be
considered a "one-of-a-kind." This also applies to a device that has been
determined to be a "one-of-a-kind" device by a weights and measures
jurisdiction in one State and the manufacturer decides to manufacture and
install another device of that same type in another State. In this case, the
manufacturer of the device must request an NTEP evaluation on the device
through the normal application process unless NTEP has already deemed that such
evaluation will not be conducted. (Amended 1998)
2.7.
Participating Laboratory. -
Any State Measurement Laboratory or State Weights and Measures Agency or other
laboratory that has been authorized to conduct a type evaluation under the
National Type Evaluation Program. (Amended 2001)
2.8.
Person. - The term "person
" means both singular and plural, as the case demands, and includes
individuals, partnerships, corporations, companies, societies, and
associations.
2.9.
Remanufactured Device. - A device that is disassembled, checked for
wear, parts replaced or fixed, reassembled and made to operate like a new
device of the same type.
(Amended 2001)
2.10.
Remanufactured Element. -
An element that is disassembled, checked for wear, parts replaced or fixed,
reassembled and made to operate like a new element of the same type.
(Added 2001)
2.11.
Repaired Device. - A
device on which work is performed that brings the device back into proper
operating condition.
(Amended 2001)
2.12.
Repaired Element. - An
element on which work is performed that brings the element back into proper
operating condition.
(Added 2001)
2.13. Type. - A model or models of a
particular device, measurement system, instrument, or element that positively
identifies the design. A specific type may vary in its measurement ranges,
size, performance, and operating characteristics as specified in the
Certificate of Conformance.
2.14.
Type Evaluation. - The testing, examination, and/or evaluation of
a type by a Participating Laboratory under the National Type Evaluation
Program.
2.15.
Commercial and
Law Enforcement Equipment. - (a) Weighing and measuring equipment
consisting of connected components that are commercially used or employed in
establishing the size, quantity, extent, area, or measurement of quantities,
things, produce, or articles for distribution or consumption, purchased,
offered, or submitted for sale, hire, or award, or in computing any basic
charge or payment for services rendered on the basis of weight or measure, (b)
Any accessory attached to or used in connection with a commercial weighing or
measuring device when such accessory is so designed that its operation affects
the accuracy of the device, (c) Weighing and measuring equipment in official
use for the enforcement of law or for the collection of statistical information
by government agencies.[NOTE
2'see
page
139]
NOTE 2: The section is identical to G-A.L, § 1.10, General Code, National Institute of Standards and Technology Handbook 44 for definition of "commercial" and "law enforcement equipment. "
Section 3. Certificate of Conformance
The Director shall require a device to be traceable to one or more active Certificates of Conformance prior to its installation or use for commercial or law enforcement purposes. (Amended 2001)
Section 4. Prohibited Acts and Exemptions
(1) Except for a device
exempted by this section, no person shall sell a device unless it is traceable
to one or more active Certificates of Conformance.
(Amended 2001)
(2) Except for a device exempted by this
section, no person shall use a device unless it is traceable to one or more
active Certificates of Conformance.
(Amended 2001)
(3) A device in service in this State prior
to July 11, 2002, that meets the specifications, tolerances, and other
technical requirements of National Institute of Standards and Technology
Handbook 44 shall not be required to be traceable to one or more active
Certificates of Conformance.
(Amended 2001)
(4) A device in service in this State prior
to July 11, 2002 removed from service by the owner or on which the department
has issued a removal order after July 11, 2002 and returned to service at a
later date shall be modified to meet all specifications, tolerances, and other
technical requirements of National Institute of Standards and Technology
Handbook 44 effective on the date of the return to service. Such a device shall
not be required to be traceable to one or more Certificates of Conformance.
(Amended 2001)
(5) A device in service in this State prior
to July 11, 2002 which is repaired after such date shall meet the
specifications, tolerances, and other technical requirements of National
Institute of Standards and Technology Handbook 44 and shall not be required to
be traceable to one or more active Certificates of Conformance. (Amended
2001)
(6) A device in service in
this State prior to July 11, 2002_that is still in use may be installed at
another location in this State provided the device meets requirements in effect
as of the date of installation in the new location; however, the device shall
not be required to be traceable to one or more active Certificates of
Conformance. (Amended 2001)
(7) A
device in service in another State prior to July 11, 2002 may be installed in
this State; however, the device shall meet the specifications, tolerances, and
technical requirements for weighing and measuring devices in National Institute
of Standards and Technology Handbook 44 and be traceable to one or more active
Certificates of Conformance.
(Amended 2001)
(8)
One-of-a-kind Device. - The
Director may accept the design of a one-of-a-kind device without an NTEP
evaluation pending inspection and performance testing to satisfy that the
device complies with Handbook 44 and is capable of performing within the
Handbook 44 requirements for a reasonable period of time under normal
conditions of use. Indicators and load cells in all "one-of-a-kind" scale
installations must have an active NTEP CC as evidence that the system meets the
influence factor requirements of Handbook 44.
(Amended 1998 and 2001)
(9)
Repaired Device. - If a
person makes changes to a device to the extent that the metrological
characteristics are changed, that specific device is no longer traceable to the
active Certificate of Conformance.
(Amended 2001)
(10)
Remanufactured Device. - If
a person repairs or remanufactures a device, they are obligated to repair or
remanufacture it consistent with the manufacturer's original design; otherwise,
that specific device is no longer traceable to one or more active Certificates
of Conformance.
(Amended 2001)
(11) Copy of a Device. - The manufacturer who
copies the design of a device that is traceable to one or more active
Certificates of Conformance, but which is made by another company, must obtain
a separate Certificate of Conformance for the device. The Certificate of
Conformance for the original device shall not apply to the copy.
(12) Device Components - If a person buys a
load cell(s) and an indicating element that are traceable to Certificates of
Conformance and then manufactures a device from the parts, that person shall
obtain an active Certificate of Conformance for the device.
(Amended 2001)
Section 5. Participating Laboratory and Agreements
The Director is authorized to:
(1) Operate a Participating Laboratory as
part of the National Type Evaluation Program. In this regard, the Director is
authorized to charge and collect fees for type evaluation services.
(2) Cooperate with and enter into agreements
with any person in order to carry out the purposes of the act.
Section 6. Revocation of Conflicting Regulations
All provisions of all orders and regulations before issued on this same subject that are contrary to or inconsistent with the provisions of this regulation, are hereby revoked. (Amended 2001)
Section 7. Effective Date
This regulation shall become effective on July 11. 2002. (Amended 2001)
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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