Breath Analyzer Calibration and Accuracy Verification Standards

PURPOSE: This rule defines the standard simulator solutions or compressed ethanol-gas mixtures to be used in verifying and calibrating breath analyzers, as well as the annual checks required on simulators used in conjunction with the standard simulator solution. (1) Standards used for the purpose of verifying and calibrating breath analyzers shall consist of standard simulator solutions or compressed ethanol-gas standard mixtures. (2) Standard simulator solutions, used to verify and calibrate evidential breath analyzers, shall be solutions from approved suppliers. The standard simulator solutions used shall have a vapor concentration within five percent (5%) of the following values: (A) 0.10%; (B) 0.08%; or (C) 0.04%. (3) Approved suppliers of standard simulator solutions are— (A) Alcohol Countermeasure Systems, Inc.; (B) Guth Laboratories, Inc.; (C) RepCo Marketing, Inc.; and (D) Draeger Safety, Inc. (4) Any breath alcohol simulator used in the verification or calibration of evidential breath analyzers with the standard simulator solutions referred to in sections (2) and (3) of this rule shall be certified against a National Institute of Standards and Technology (NIST) traceable reference thermometer or AND SENIOR SERVICES thermocouple between January 1, 2013, and December 31, 2013, and annually thereafter. Proof that the simulator is in certification shall be shown by entry of the simulator serial number and expiration date of the certification period on the maintenance report required under 19 CSR 25-30.031, or by certification report as issued by the department. (5) Compressed ethanol-gas standard mixtures used to verify and calibrate evidential breath analyzers shall be mixtures provided from approved suppliers. The compressed ethanol-gas mixtures used shall have a concentration within five percent (5%) of the following values: (A) 0.10%; (B) 0.08%; or (C) 0.04%. (6) Approved suppliers of standard compressed ethanol-gas mixtures are— (A) Intoximeters, Inc.; (B) CMI, Inc.; (C) Draeger Safety Diagnostic, Inc.; (D) ILMO Products Company, Inc.; and (E) Guth Laboratories, Inc. (7) Maintenance reports completed prior to the effective date of this rule shall be considered valid under this rule if the maintenance report was completed in compliance with the rules in effect at the time the maintenance was conducted. AUTHORITY: sections 192.006, 577.020, and 577.037, RSMo 2016.* Emergency rule filed Aug. 22, 1997, effective Sept. 1, 1997, expired Feb. 27, 1998. Original rule filed Aug. 25, 1997, effective Feb. 28, 1998. Emergency rescission and emergency rule filed April 17, 1998, effective May 4, 1998, expired Oct. 30, 1998. Rescinded and readopted: Filed May 1, 1998, effective Oct. 30, 1998. Amended: Filed Jan. 15, 2004, effective July 30, 2004. Amended: Filed May 31, 2012, effective Dec. 30, 2012. Amended: Filed Sept. 4, 2013, effective Feb. 28, 2014. Amended: Filed Oct. 1, 2019, effective March 30, 2020. *Original authority: 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998, 2001, 2006, 2014; and 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996, 2001, 2014, 2016.