National Type Evaluation Regulation

PURPOSE: This rule adopts uniform guidelines established by the National Conference on Weights and Measures pertaining to the type evaluation of weighing and measuring devices. (1) The Division of Weights, Measures and Consumer Protection shall use the guidelines established by the National Conference on Weights and Measures (NCWM) for examining weighing and measuring devices for type evaluation. (2) This rule shall apply to all classes of devices and/or equipment as covered in the current editions of NIST Handbooks 44, 105-1–105-3. (3) For the purpose of this rule the following definitions shall apply: (A) National Type Evaluation Program means a program of cooperation between the National Conference on Weights and Measures, National Institute of Standards and Technology, other federal agencies, the state and the private sector for determining uniform conformance of a type with the relevant provisions of NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, and National Conference on Weights and Measures, Publication 14, National Type Evaluation Program, Administrative Procedures, Technical Policy, Checklists, and Test Procedures; (B) Type evaluation means the testing, examination, evaluation, or both, of a type by a participating laboratory under the National Type Evaluation Program; (C) Type means a model(s) of a particular measurement system, instrument, element or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance and operating characteristics as specified in the certificate of conformance; (D) Participating laboratory means any state measurement laboratory that has been certified by the NCWM, in accordance with its program for the certification of capability of state measurement laboratories, to conduct a type evaluation under the National Type Evaluation Program; (E) Certificate of conformance means a document issued by the NCWM based on testing in participating laboratories and constituting evidence of conformance of a type with the requirements of NIST Handbooks 44, 105-1, 105-2 or 105-3; and (F) Director means the director of the Department of Agriculture. (4) The director may require any weight or measure or any weighing or measuring instrument or device to be issued a certificate of conformance prior to use for commercial or law enforcement purposes. (5) The director is authorized to operate a participating laboratory as part of the National Type Evaluation Program and to charge and collect fees for type evaluation services. AUTHORITY: section 413.065, RSMo 2000.* Original rule filed March 29, 1989, effective June 11, 1989. Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended: Filed April 14, 1994, effective Sept. 30, 1994. Amended: Filed Oct. 24, 2000, effective May 30, 2001. Non-substantive change filed June 27, 2018, published Aug. 31, 2018. *Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995.