HAR §4-101-2. Weighing and measuring devices; requirements

(a) This section applies to any person or government agency using a weighing or measuring device in: (1) Determining the measurement of commodities or items bought or sold, or offered or exposed for sale, on the basis of measure; (2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure; (3) Determining measurement when a charge is made for such determination; or (4) Official government use for the enforcement of laws or for the collection of revenues, fees, or statistical information. (b) Any person or government agency performing any of the functions enumerated in subsection 4-101-2(a) shall ensure that the following requirements are met: (1) The weighing or measuring device shall have had its type evaluated and shall have been issued a certificate of conformance by the National Institute of Standards and Technology, except that devices licensed and in use in the State before the effective date of this chapter shall be exempt from this requirement; (2) The weighing or measuring device shall be submitted or made available for inspection and testing upon demand and as often as deemed necessary by the administrator or the administrator's designee. In the case of taximeters and odometers, the owner of the vehicle with the installed measuring device or the owner's designee shall present the vehicle with the installed device for testing at a time and place specified by the administrator or the administrator's designee; (3) The weighing or measuring device shall have been inspected, tested and approved for use by an inspector, as defined in chapter 486, HRS, or a service person registered by the state in accordance with chapter 4-87, Hawaii Administrative Rules, prior to being placed in service. A weighing or measuring device is considered approved if after inspection and testing, it is found to meet all of the applicable §4-101-3 requirements of NIST handbook 44, including but not limited to 101-3 1668 installation and user requirements; (4) The weighing and measuring device shall be currently licensed by the administrator. Upon introduction of the device into service, the owner or the owner's designee shall make an application for a license. In order for a device to be licensed, it must meet the requirements of subsections 4-101-2(b)(1) through 4-101-2(b)(3) and, in addition, a license fee must be paid as specified in chapter 4-96, Hawaii Administrative Rules. The license is valid for a period of one year or fraction thereof. After initial introduction, the license fee must be paid annually in order for the license to remain in effect; (5) Any official seal, tag, or mark affixed by an inspector or a registered service agency shall not be removed, obliterated, or covered and shall be readily visible; and (6) The weighing or measuring device shall be operated in a manner such that measurements that are made are accurate and conform to all applicable laws. (c) Government agencies shall be exempt from subsection 4-101-2(b)(4). [Eff. 8/21/93] (Auth: §486-7) (Imp: HRS §§486-75, 486-105, 486-106, 486-107, 486-108, 486-109)