F. Uniform Regulation for National Type Evaluation

as adopted by

The National Conference on Weights and Measures\*

**1. Background**

The Uniform Regulation for National Type Evaluation was adopted by the
NCWM at the 68^th^ Annual Meeting in 1983 and is a necessary adjunct to
recognize and enable participation in the National Type Evaluation
Program adminis­tered by the Na­tional ­Conference on Weights and Measures.
The Regulation specifically authorizes:  type evaluation; recogni­tion of
a National Conference on Weights and Measures \"Certificate of
Confor­mance\" of type; the State Measurement Laboratory to operate as a
Participating Labora­tory, if author­ized by the Na­tional Institute of
Standards and Technology under its program of ­recognition of State
Measure­ment Labora­tories; and, the State to charge fees to those persons
who seek type evaluation of weighing and measuring devices.

(Amended 2000)

At the 81st Annual Meeting in 1996, the NCWM adopted major revisions to
the Uniform Regulation for National Type Evaluation. These revisions
were made to clarify the requirements and incorporate the policies and
guidelines adopted by the Executive Committee as published in NCWM
Publication 14, Technical Policy, Checklists, and Test Procedures.

(Amended 1997)

**2. Intent**

It is the intent of this regulation to have all States use the National
Type Evaluation Pro­gram, as ap­proved by the National Conference on
­Weights and Measures, as their examining pro­cedure. If a State does not
wish to establish a Participating Laboratory, § 2.4. Participating
Laboratory and § 4. Participating Laboratory may be deleted.

**3. Status** **of** **Promulgation**

The table beginning on page 10 shows the status of adoption of the
Uni­form Regulation for National Type Evaluation.

*\*The National Conference on Weights and Measures is supported by the
National Institute of S­tandards and Technology in partial implementation
of its statu­tory responsibility for \"cooperation with the States in
securing uniformity in weights and measures laws and methods of
inspection.\"*

**DO NOT PRINT THIS PAGE.**

**THIS PAGE LEFT INTENTIONALLY BLANK.**

**Uniform Regulation for National Type Evaluation**

**Table of Contents**

**Section Page**

[1. Application 147](#__RefHeading___Toc90190561)

[2. Definitions 147](#__RefHeading___Toc90190562)

[2.1. Active Certificate of Conformance
147](#__RefHeading___Toc90190563)

[2.2. Device 147](#__RefHeading___Toc90190564)

[2.3. Director 147](#__RefHeading___Toc90190565)

[2.4. Manufactured Device 147](#__RefHeading___Toc90190566)

[2.5. National Type Evaluation Program 147](#__RefHeading___Toc90190567)

[2.6. One-of-a-Kind Device 147](#__RefHeading___Toc90190568)

[2.7. Participating Laboratory 148](#__RefHeading___Toc90190569)

[2.8. Person 148](#__RefHeading___Toc90190570)

[2.9. Remanufactured Device 148](#__RefHeading___Toc90190571)

[2.10. Remanufactured Element 148](#__RefHeading___Toc90190572)

[2.11. Repaired Device 148](#__RefHeading___Toc90190573)

[2.12. Repaired Element 148](#__RefHeading___Toc90190574)

[2.13. Type 148](#__RefHeading___Toc90190575)

[2.14. Type Evaluation 148](#__RefHeading___Toc90190576)

[2.15. Commercial and Law Enforcement Equipment
148](#__RefHeading___Toc90190577)

[3. Certificate of Conformance 148](#__RefHeading___Toc90190578)

[4. Prohibited Acts and Exemptions 148](#__RefHeading___Toc90190579)

[5. Participating Laboratory and Agreements
150](#__RefHeading___Toc90190580)

[6. Revocation of Conflicting Regulations
150](#__RefHeading___Toc90190581)

[7. Effective Date 150](#__RefHeading___Toc90190582)

**DO NOT PRINT THIS PAGE.**

**THIS PAGE LEFT INTENTIONALLY BLANK.**

**Uniform Regulation for National Type Evaluation**

**Section 1.  Application**[]{#__RefHeading___Toc90190561 .anchor}

This regulation shall apply to
**^\[\ NOTE\ 1,\ *page\ [147](#H130NTEPregNote1)*\]^** any type of
device and/or equipment covered in National Institute of Standards and
Technology Handbook 44 for which evaluation procedures have been
published in National Conference on Weights and Measures, Publication
14, \"National Type Evaluation Program, Technical Policy, Checklists,
and Test Procedures.\"

[]{#H130NTEPregNote1 .anchor}***NOTE 1:** This section can be amended to
include a list of devices or device types to which NTEP evaluation
criteria does not apply. Additionally, a State can amend this section to
allow it to conduct a type evaluation and issue a "Certificate of
Approval." This approach should be limited to occasions where formal
NTEP Type Evaluation criteria does not apply and to new technologies or
device applications where the development of criteria is deemed
necessary by the Director.*

**Section 2.  Definitions**[]{#__RefHeading___Toc90190562 .anchor}

**2.1. Active Certificate of Conformance**[]{#__RefHeading___Toc90190563
.anchor}**.** - A document issued based on testing by a Participating
Laboratory, which the certificate holder maintains in active status
under the National Type Evaluation Program (NTEP). The document
constitutes evidence of con­formance of a type with the requirements of
this document, NIST Hand­book 44 (Specifications, Tolerances, and Other
Technical Requirements for Weighing and Measuring Devices), and the test
procedures contained in NCWM Publication 14. By maintaining the
Certificate in active status, the Certificate holder declares the intent
to continue to manufacture or remanufacture the device consistent with
the type and in conformance with the applicable requirements. A device
is traceable to an active Certificate of Conformance if: (a) it is of
the same type identified on the Certificate, and (b) it was manufactured
during the period that the Certificate was maintained in active status.
For manufacturers of grain moisture meters, maintenance of active status
also involves annual participation in the NTEP Laboratory On‑going
Calibration Program, OCP (Phase II). (Amended 2000, 2001, and 2004)

**2.2. Device**[]{#__RefHeading___Toc90190564 .anchor}. - A piece of
commercial or law enforcement equipment as defined in § 2.15.,
Commercial and Law Enforcement Equipment. A device may be a single unit
or a combination of separate and compatible main elements. A device
shall include, at a minimum, those main elements that: (a) perform the
measurement, and (b) process the measurement signals up to the first
indicated or recorded value of the final quantity upon which the
transaction is based.

(Amended 2004)

**2.3. Director**[]{#__RefHeading___Toc90190565 .anchor}**.** - Means
the \_\_\_\_\_\_\_\_\_\_ of the department of \_\_\_\_\_\_\_\_\_\_.

**2.4. Manufactured Device**[]{#__RefHeading___Toc90190566
.anchor}**.** - Any commercial weighing or measuring device shipped as
new from the original equipment manufacturer.

(Added 2001)

**2.5. National Type Evaluation Program**[]{#__RefHeading___Toc90190567
.anchor}**.** - A program of co­operation between the National Conference
on Weights and Measures, the National Institute of Standards and
Tech­nology, other Federal agencies, the States, and the private sector
for deter­mining, on a uniform basis, confor­mance of a type with the
relevant pro­visions of National Institute of Standards and Technology
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, Technical Policy, Checklists, and Test Procedures.\"

(Amended 2000)

**2.6. One-of-a-Kind Device**[]{#__RefHeading___Toc90190568
.anchor}**.** - A (non-NTEP) device designed to meet unique demands for
a specific installation and of a specific *design* which is not
commercially available elsewhere (one such device per manufacturer). If
a device manufactured for sale by a company has been categorized and
tested as a "one-of-a-kind" device and the manufacturer then decides to
manufacture an additional device or devices of that same type, the
device will no longer be considered a "one-of-a-kind." This also applies
to a device that has been determined to be a "one-of-a-kind" device by a
weights and measures jurisdiction in one State and the manufacturer
decides to manufacture and install another device of that same type in
another State. In this case, the manufacturer of the device must request
an NTEP evaluation on the device through the normal application process
unless NTEP has already deemed that such evaluation will not be
conducted.

(Amended 1998)

**2.7. Participating Laboratory**[]{#__RefHeading___Toc90190569
.anchor}**.** - Any State Measurement Labor­atory or State Weights and
Measures Agency or other laboratory that has been authorized to conduct
a type evaluation under the National Type Evalu­ation Program.

(Amended 2001)

**2.8. Person**[]{#__RefHeading___Toc90190570 .anchor}**.** - The term
\"person \" means both singular and plural, as the case demands, and
includes individuals, partnerships, corpo­rations, companies, societies,
and associ­a­tions.

**2.9. Remanufactured Device**[]{#__RefHeading___Toc90190571
.anchor}**.** - A device that is disassembled, checked for wear, parts
replaced or fixed, reassembled and made to operate like a new device of
the same type.

(Amended 2001)

**2.10. Remanufactured Element**[]{#__RefHeading___Toc90190572
.anchor}**.** - An element that is disassembled, checked for wear, parts
replaced or fixed, reassembled and made to operate like a new element of
the same type.

(Added 2001)

**2.11. Repaired Device**[]{#__RefHeading___Toc90190573 .anchor}**.** -
A device on which work is performed that brings the device back into
proper operating condition.

(Amended 2001)

**2.12. Repaired Element**[]{#__RefHeading___Toc90190574 .anchor}**.** -
An element on which work is performed that brings the element back into
proper operating condition.

(Added 2001)

**2.13. Type**[]{#__RefHeading___Toc90190575 .anchor}**.** - A model or
models of a particular device, measurement system, instrument, or
element 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.

**2.14. Type Evaluation**[]{#__RefHeading___Toc90190576 .anchor}**.** -
The testing, examination, and/or evaluation of a type by a Participating
Laboratory under the National Type Evaluation Pro­gram.

**2.15. Commercial and Law Enforcement
Equipment**[]{#__RefHeading___Toc90190577 .anchor}**.** - (a) Weighing
and measuring equipment commercially used or employed in establishing
the size, quantity, extent, area, or measurement of quantities, things,
produce, or articles for distribution or consumption, purchased,
offered, or submitted for sale, hire, or award, or in computing any
basic charge or payment for services rendered on the basis of weight or
measure. (b) Any accessory attached to or used in connection with a
commercial weighing or measuring device when such accessory is so
designed that its operation affects the accuracy of the device. (c)
Weighing and measuring equipment in official use for the enforcement of
law or for the collection of statistical information by government
agencies. **^\[\ NOTE\ 2,\ *page\ [148](#H130NTEPregNote2)*\]^**

[]{#H130NTEPregNote2 .anchor}***NOTE 2:** The section is identical to
G-A.1., § 1.10, General Code, National Institute of S­tandards and
Technology Handbook 44 for definition of \"commer­cial\" and \"law
enforce­ment equip­ment.\"*

**Section 3.  Certificate of Conformance**[]{#__RefHeading___Toc90190578
.anchor}

The Director shall require a device to be traceable to an active
Certificate of Conformance prior to its installation or use for
commercial or law en­forcement pur­poses. If the device consists of
separate and compatible main elements, each main element shall be
traceable to a Certificate of Conformance. A device is traceable to a
Certificate of Conformance if: (a) it is of the same type identified on
the Certificate, and (b) it was manufactured during the period that the
Certificate was maintained in active status.

(Amended 2001 and 2004)

**Section 4. Prohibited Acts and
Exemptions**[]{#__RefHeading___Toc90190579 .anchor}

\(1\) Except for a device exempted by this section, no person shall sell
a device unless it is traceable to an active Certificate of Conformance.

(Amended 2001)

\(2\) Except for a device exempted by this section, no person shall use
a device unless it is traceable to an active Certificate of Conformance.

(Amended 2001)

\(3\) A device in service in this State prior to \_\_\_\_\_\_\_\_\_\_,
\_\_\_, that meets the specifications, tolerances, and other technical
requirements of National Institute of Standards and Technology Handbook
44 shall not be required to be traceable to an active Certificate of
Conformance.

(Amended 2001)

\(4\) A device in service in this State prior to \_\_\_\_\_\_\_\_\_\_,
\_\_\_, removed from service by the owner or on which the department has
issued a removal order after \_\_\_\_\_\_\_\_\_\_, \_\_\_, and returned
to service at a later date shall be modified to meet all specifications,
tolerances, and other technical requirements of National Institute of
Standards and Technology Handbook 44 effective on the date of the return
to service. Such a device shall not be required to be traceable to an
active Certificate of Conformance.

(Amended 2001)

\(5\) A device in service in this State prior to \_\_\_\_\_\_\_\_\_\_,
\_\_\_, which is repaired after such date shall meet the specifications,
tolerances, and other technical requirements of National Institute of
Standards and Technology Handbook 44 and shall not be required to be
traceable to an active Certificate of Conformance.

(Amended 2001)

\(6\) A device in service in this State prior to \_\_\_\_\_\_\_\_\_\_,
\_\_\_, that is still in use may be installed at another location in
this State provided the device meets requirements in effect as of the
date of installation in the new location; however, the device shall not
be required to be traceable to an active Certificate of Conformance.

(Amended 2001)

\(7\) A device in service in another State prior to
\_\_\_\_\_\_\_\_\_\_, \_\_\_, may be installed in this State; however,
the device shall meet the specifications, tolerances, and technical
requirements for weighing and measuring devices in National Institute of
Standards and Technology Handbook 44 and be traceable to an active
Certificate of Conformance.

(Amended 2001)

\(8\) **One-of-a-kind Device.** - The Director may accept the design of
a one-of-a-kind device without an NTEP evaluation pending inspection and
performance testing to satisfy that the device complies with Handbook 44
and is capable of performing within the Handbook 44 requirements for a
reasonable period of time under normal conditions of use. Indicators and
load cells in all "one-of-a-kind" scale installations must have an
active NTEP CC as evidence that the system meets the influence factor
requirements of Handbook 44.

(Amended 1998 and 2001)

\(9\) **Repaired Device. -** If a person makes changes to a device to
the extent that the metrological characteristics are changed, that
specific device is no longer traceable to the active Certificate of
Conformance.

(Amended 2001)

\(10\) **Remanufactured Device**. - If a person repairs or
remanufactures a device, they are obligated to repair or remanufacture
it consistent with the manufacturer\'s original design; otherwise, that
specific device is no longer traceable to an active Certificate of
Conformance.

(Amended 2001)

\(11\) **Copy of a Device. -** The manufacturer who copies the design of
a device that is traceable to an active Certificate of Conformance, but
which is made by another company, must obtain a separate Certificate of
Conformance for the device. The Certificate of Conformance for the
original device shall not apply to the copy.

\(12\) **Device Components -** If a person buys a load cell(s) and an
indicating element that are traceable to Certificates of Conformance and
then manufactures a device from the parts, that person shall obtain an
active Certificate of Conformance for the device.

(Amended 2001)

**Section 5.  Participating Laboratory and
Agreements**[]{#__RefHeading___Toc90190580 .anchor}

The Director is authorized to:

\(1\) Operate a Participating Laboratory as part of the National Type
Evalu­ation Pro­gram.  In this regard, the Director is authorized to
charge and collect fees for type evalua­tion services.

\(2\) Cooperate with and enter into agreements with any person in order
to carry out the purposes of the act.

[]{#__RefHeading___Toc90190581 .anchor}**Section 6.  Revocation of
Conflicting Regulations**

All provisions of all orders and regulations before issued on this same
subject that are contrary to or incon­sistent with the provisions of this
regulation, are here­by revoked.

(Amended 2001)

**Section 7. Effective Date**[]{#__RefHeading___Toc90190582 .anchor}

This regulation shall become effective on \_\_\_\_\_\_\_\_\_\_.

(Amended 2001)