## 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.\"*

**Table of Contents**

**Section Page**

[1.  Application 141](#__RefHeading___Toc26799467)

[2.  Definitions 141](#__RefHeading___Toc26799468)

[2.1. Active Certificate of Conformance
141](#__RefHeading___Toc26799469)

[2.2. Device 141](#__RefHeading___Toc26799470)

[2.3. Director 141](#__RefHeading___Toc26799471)

[2.4. Manufactured Device 141](#__RefHeading___Toc26799472)

[2.5. National Type Evaluation Program 141](#__RefHeading___Toc26799473)

[2.6. One-of-a-Kind Device 141](#__RefHeading___Toc26799474)

[2.7. Participating Laboratory 142](#__RefHeading___Toc26799475)

[2.8. Person 142](#__RefHeading___Toc26799476)

[2.9. Remanufactured Device 142](#__RefHeading___Toc26799477)

[2.10. Remanufactured Element 142](#__RefHeading___Toc26799478)

[2.11. Repaired Device 142](#__RefHeading___Toc26799479)

[2.12. Repaired Element 142](#__RefHeading___Toc26799480)

[2.13. Type 142](#__RefHeading___Toc26799481)

[2.14. Type Evaluation 142](#__RefHeading___Toc26799482)

[2.15. Commercial and Law Enforcement Equipment
142](#__RefHeading___Toc26799483)

[3.  Certificate of Conformance 142](#__RefHeading___Toc26799484)

[4. Prohibited Acts and Exemptions 142](#__RefHeading___Toc26799485)

[5.  Participating Laboratory and Agreements
144](#__RefHeading___Toc26799486)

[6.  Revocation of Conflicting Regulations
144](#section-6.-revocation-of-conflicting-regulations)

[7. Effective Date 144](#__RefHeading___Toc26799488)

**Uniform Regulation for National Type Evaluation**

**Section 1.  Application**[]{#__RefHeading___Toc26799467 .anchor}**.**

This regulation shall apply to
**^\[\ NOTE\ 1,\ see\ page\ [142](#H130NTEPregNote1)\]^** 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___Toc26799468 .anchor}

**2.1. Active Certificate of Conformance**[]{#__RefHeading___Toc26799469
.anchor}**.** -‑ A document issued based on testing by a Participating
Laboratory, which the certificate owner 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
and the NIST Hand­books 44, 105‑1, 105‑2, or 105‑3. By maintaining the
Certificate in active status, the Certificate owner declares the intent
to continue to manufacture or remanufacture the device consistent with
the type and in conformance with the applicable requirements. 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). A device is traceable to an active
Certificate of Conformance if it was manufactured during the period that
the Certificate was maintained in active status.

(Amended 2000 and 2001)

**2.2. Device**[]{#__RefHeading___Toc26799470 .anchor}.\-- Device means
any weighing and measuring device as defined in § 2.12. Commercial and
Law Enforcement Equipment.

**2.3. Director**[]{#__RefHeading___Toc26799471 .anchor}**.** \-- Means
the of the department of [.]{.underline}

**2.4. Manufactured Device**[]{#__RefHeading___Toc26799472 .anchor}**.**
\-- Any commercial weighing or measuring device shipped as new from the
original equipment manufacturer.

(Added 2001)

**2.5. National Type Evaluation Program**[]{#__RefHeading___Toc26799473
.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___Toc26799474
.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___Toc26799475
.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___Toc26799476 .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___Toc26799477
.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___Toc26799478
.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___Toc26799479 .anchor}**.**
\-- A device on which work is performed that brings the device back into
proper operating condition.

(Amended 2001)

**2.12. Repaired Element**[]{#__RefHeading___Toc26799480 .anchor}**.**
\-- An element on which work is performed that brings the element back
into proper operating condition.

(Added 2001)

**2.13. Type**[]{#__RefHeading___Toc26799481 .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___Toc26799482 .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___Toc26799483 .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.**^\[\ NOTE\ 2,\ see\ page\ [143](#H130NTEPregNote2)\]^**

[]{#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___Toc26799484
.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.

(Amended 2001)

**Section 4. Prohibited Acts and
Exemptions**[]{#__RefHeading___Toc26799485 .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 [,]{.underline}
[,]{.underline} 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 [,]{.underline}
[,]{.underline} removed from service by the owner or on which the
department has issued a removal order after [,]{.underline}
[,]{.underline} 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 [,]{.underline}
[,]{.underline} 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 [,]{.underline}
[,]{.underline} 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___Toc26799486 .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.

# 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___Toc26799488 .anchor}

This regulation shall become effective on [.]{.underline}

(Amended 2001)