New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter V - Weight and Measures
Part 220 - Administrative and General Requirements
Section 220.1 - Type approval
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as provided in subdivision (d) of this section, no person shall sell or use a commercial weighting or measuring device in the State of New York unless the device is approved by the Commissioner of Agriculture and Markets. The commissioner shall grant approval if, after examining a representative sample of the design or pattern of the device, he or she determines that it conforms to the requirements set forth in section 220.2 of this Part. The commissioner may accept a certificate of conformance issued for such device, pursuant to the National Type Evaluation Program, by the National Conference on Weights and Measures, as proof of conformance, in lieu of such examination.
(b) Any change or modification in such approved device that may affect its performance or otherwise result in a departure from the requirements set forth in section 220.2 of this Part must be approved by the commissioner before sale or use in this State.
(c) When the commissioner has approved the device, such approval shall be accepted by all local jurisdictions and no other approval shall be required or permitted. A certificate of approval may be revoked by the commissioner at any time if the device fails to meet performance or other technical requirements set forth in section 220.2 of this Part.
(d) Notwithstanding the provisions of subdivisions (a) through (c) of this section to the contrary, the following devices may be sold and/or used without having been approved by the commissioner.
Device Type Handbook 44 Code Reference
Weights Section 2.23
Liquid Measures Section 4.41
Farm Milk Tanks Section 4.42
Measure Containers Section 4.43
Dry Measures Section 4.45
Berry Baskets and Boxes Section 4.46
Wire- and Cordage-Measuring Devices Section 5.51
Linear Measures Section 5.52
Odometers Section 5.53
Timing Devices Section 5.55
