Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
363.410,
363.510,
363.610
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
363.590(2) requires the
Director of the Division of Regulation and Inspection to promulgate
administrative regulations establishing technical requirements for commercial
weighing and measuring devices. This administrative regulation establishes
technical requirements for commercial weighing and measuring devices and
applies to any type of device and equipment covered in National Institute of
Standards and Technology (NIST) Handbook 44 (Handbook 44), Specifications,
Tolerances, and Other Technical Requirements for Weighing and Measuring
Devices.
Section 1. Definitions.
(1) "Active Certificate of Conformance" means
a document issued based on testing by a participating laboratory, which the
certificate owner maintains in active status under the National Type Evaluation
Program. 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.
(2) "Commercial equipment"
means:
(a) Weighing and measuring equipment
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; and
(b) Any
accessory attached to or used in connection with a commercial weighing or
measuring device if the accessory is designed so that its operation affects the
accuracy of the device.
(3) "Device" means any weighing and measuring
device.
(4) "Director" is defined
by
KRS
363.510(6).
(5) "Manufactured device" means any
commercial weighing or measuring device shipped as new from the original
equipment manufacturer.
(6)
"National Type Evaluation Program" or "NTEP" means a program of cooperation
between the National Conference on Weights and Measurers, 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 Handbook 44.
(7) "NIST" means National Institute of
Standards and Technology.
(8)
"One-of-a-kind device" means one (1) non-NTEP device per manufacturer, which is
designed to meet unique demands for a specific installation and of a specific
design and that is not commercially available elsewhere.
(9) "Participating laboratory" means any
state measurement laboratory, state weights and measures agency, or other
laboratory that has been authorized to conduct a type evaluation under the
National Type Evaluation Program.
(10) "Person" means both singular and plural,
as the case demands, and includes individuals, partnerships, corporations,
companies, societies, and associations.
(11) "Remanufactured device" means 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.
(12) "Remanufactured element" means 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.
(13) "Repaired device" means a device on
which work is performed that brings the device back into proper operating
condition.
(14) "Repaired element"
means an element on which work is performed that brings the element back into
proper operating condition.
(15)
"Type" means a model or models of a particular device, measurement system,
instrument, or element that positively identifies the design. A specific type
varies in its measurement ranges, size, performance, and operating
characteristics as specified in the Certificate of Conformance.
(16) "Type evaluation" means the testing,
examination, and evaluation of a type by a "participating
laboratory".
Section 2.
Certificate of Conformance.
(1) A device shall
be traceable to an active Certificate of Conformance prior to its installation
or use for commercial purposes.
(2)
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.
(3) For manufacturers of grain moisture
meters, maintenance of active status also shall involve annual participation in
the NTEP Laboratory Ongoing Calibration Program (OCP) Phase II.
(4) A device shall be traceable to an active
Certificate of Conformance if it was manufactured during the period that the
certificate was maintained in active status.
Section 3. Prohibited Acts and Exemptions.
(1) Except for a device exempted by this
section, a person shall not sell a device unless it is traceable to an active
Certificate of Conformance.
(2)
Except for a device exempted by this section, a person shall not use a device
unless it is traceable to an active Certificate of Conformance.
(3) A device in service in this state prior
to July 1, 2003, shall meet the specifications, tolerances, and other technical
requirements of National Institute of Standards and Technology Handbook 44
shall not be required to be traceable to an active Certificate of
Conformance.
(4) A device in
service in this state prior to July 1, 2003, removed from service by the owner
or on which the department has issued a removal order after July 1, 2003, and
returned to service at a later date shall be modified to meet all
specifications, tolerance, and other technical requirements of Handbook 44
effective on the date of the return to service. The modified device shall not
be required to be traceable to an active Certificate of Conformance.
(5) A device in service in this state prior
to July 1, 2003, which is repaired after July 1, 2003, shall meet the
specifications, tolerances, and other technical requirements of Handbook 44 and
shall not be required to be traceable to active Certificate of
Conformance.
(6) A device in
service in this state prior to July 1, 2003, that is still in use may be
installed at another location in this state if the device meets requirements in
effect as of the date of installation in the new location and the device shall
not be required to be traceable to an active Certificate of
Conformance.
(7) A device in
service in another state prior to July 1, 2003, may be installed in this state
if the device meets the specifications, tolerances, and technical requirements
for weighing and measuring devices in Handbook 44 and shall be traceable to an
active Certificate of Conformance.
(8) One-of-a-kind device.
(a) 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 shall not be considered any longer a one-of-a-kind
device. This also shall apply to a device that has been determined to be a
one-of-a-kind device by a weights and measures jurisdiction in one (1) state
and the manufacturer decides to manufacture and install another device of that
same type in another state. If this occurs, the manufacturer of the device
shall request an NTEP evaluation on the device through the normal application
process unless NTEP has already deemed that the evaluation will not be
conducted.
(b) The director may
accept the design of a one-of-a-kind device without an NTEP evaluation pending
inspection and performance testing to determine if 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 one-of-a-kind scale installations shall have an active NTEP
Certificate of Conformance as evidence that the system meets the influence
factors requirements of Handbook 44.
(9) Repaired device. If a person repairs or
remanufactures a device, the person shall be obligated to repair or
remanufacture the device consistent with the manufacturer' original design and
that specific device shall not be traceable any longer to an active Certificate
of Conformance.
(10) Remanufactured
device. If a person repairs or remanufactures a device, the person shall repair
or remanufacture the device consistent with the manufacturer's original design
and that specific device shall not be traceable any longer to an active
Certificate of Conformance.
(11)
Copy of a device. The manufacturer who copies the design of a device that is
traceable to an active Certificate of Conformance, but which is made by another
company, shall 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 or cells and an indicating element traceable to
Certificates of Conformance then manufactures a device from the parts, that
person shall obtain an active Certificate of Conformance for the
device.
Section 4.
Incorporated by Reference.
(1) The following
material is incorporated by reference:
(a)
"Specifications, Tolerances, and Other Technical Requirements for Weighing and
Measuring Devices", National Institute of Standards and Technology Handbook 44,
(2019)";
(b) "Specifications,
Tolerances, and Other Technical Requirements for Weighing and Measuring
Devices", National Institute of Standards and Technology Handbook 105-1,
(2019)";
(c) "Specifications,
Tolerances, and Other Technical Requirements for Weighing and Measuring
Devices", National Institute of Standards and Technology Handbook 105-2,
(2019)"; and
(d) "Specifications,
Tolerances, and Other Technical Requirements for Weighing and Measuring
Devices", National Institute of Standards and Technology Handbook 105-3,
(2019)".
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the office of the Department of Agriculture, Division of Regulation and
Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
29 Ky.R. 598; Am.
940; eff. 10-9-2002; 46 Ky.R. 626, 1112; eff.
10-7-2019.
STATUTORY AUTHORITY:
KRS
363.590