NAC581.230. Weighing and measuring devices: Certificate of conformance required before using certain types of devices and accessories for commercial or governmental purpose; exceptions.

     1. Except as otherwise provided in subsection 2, before use for a commercial or governmental purpose, a type of:

     (a) Weighing or measuring device kept or used in:

          (1) Proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, which are purchased, offered or submitted for sale, hire or award;

          (2) Computing a basic charge or payment for services rendered on the basis of weight and measure; or

          (3) Determining weight or measure when a charge is made for the determination;

     (b) Accessory attached to or used in connection with a commercial weighing or measuring device which is designed so that its operation affects the accuracy of the device; and

     (c) Weighing and measuring device in official use for law enforcement or the collection of statistical information by a governmental agency,

Ê must have been issued a certificate of conformance.

     2. The State Sealer of Weights and Measures will authorize the use of a type which has not been issued a certificate of conformance if the type:

     (a) Was in use before January 2, 1995; and

     (b) Subsequently passes the applicable tests for tolerance.

     3. As used in this section:

     (a) “Certificate of conformance” means a document issued by the National Institute of Standards and Technology of the Technology Administration of the United States Department of Commerce, which guarantees that a weight, measure or weighing or measuring device meets the standards set forth in the National Institute of Standards and Technology Handbook 44.

     (b) “Type” means a model of a particular system of measurement, instrument or element or a field standard which positively identifies the design.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 11-2-94; A by R146-98, 12-14-98; R161-03, 1-27-2004)