K.S.A. § 83-304 — KS Code / Chapter 83 / Article 3 / Section 83-304
83-304 - Annual inspection required; devices not tested and approved, taken out of service; approval and seal of certain test weights or equipment; exemptions; report of results; withdrawal of inaccurate devices from use; notification of secretary; reports required to be kept by service companies; inspection of vapor meters.
Status: in_force

83-304. Annual inspection required; devices not tested and approved, taken out of service; approval and seal of certain test weights or equipment; exemptions; report of results; withdrawal of inaccurate devices from use; notification of secretary; reports required to be kept by service companies; inspection of vapor meters. (a) Except as provided by subsection (e), the owner or operator of a device used for weighing, measuring or both that is used commercially shall have such device tested and inspected at least annually for accuracy. The test and inspection shall be conducted by either a licensed technical representative employed by a licensed service company or by an authorized representative of any city or county that has established a department of public inspection of weights and measures pursuant to K.S.A. 83-210, and amendments thereto, or by the secretary. Such tests and inspections shall be conducted in accordance with the rules and regulations adopted by the secretary. If, upon such testing and inspection, it is found that the device has not been tested and inspected for accuracy and approved within the preceding 365 days, the secretary shall take the weighing and measuring device out of service pursuant to the provisions of K.S.A. 83-215, and amendments thereto. Except as provided further, the test weights or equipment used by the service company shall have been approved and sealed by the secretary pursuant to K.S.A. 83-214, and amendments thereto, within 365 days preceding the date of the tests. Test weights or equipment that have the nominal capacity of 250 pounds or greater, are housed in a grain elevator or similar structure and are used to test scales in grain elevators or similar facilities shall have been approved and sealed by the secretary pursuant to K.S.A. 83-214, and amendments thereto, within three calendar years preceding the date of the test. Except at the option of a city or county that has an established department of public inspection of weights and measures, tests and inspections shall be at the expense of the owner or operator of the device used for weighing, measuring or both. In any city or county that has a department of public inspection that inspects such device used for weighing, measuring or both, the test may be conducted by an authorized representative of the city or county weights and measures department. Farmers or ranchers who own and operate a weighing and measuring device used in private treaty transactions are exempt from the annual testing requirements. Volumetric provers that are stationary or exceed the testing capacity of the state metrology laboratory due to engineering design or the capacity of the prover are exempt from the annual testing requirement.

(b) When tests or inspections are conducted pursuant to this section, a report showing the results of the tests or inspections shall be promptly furnished to the owner or operator. If the tests or inspections were not performed by the secretary, such reports shall also be sent to the secretary as required by rules and regulations adopted by the secretary and not later than 10 days after the test or inspection of such device has occurred .

(c) Subject to the provisions of K.S.A. 83-215, and amendments thereto, the owner or operator of a device used for weighing, measuring or both that is found to be noncompliant with the tolerances or specifications required by this chapter shall, immediately at the time of testing, withdraw the device from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company, a city or county department of public inspection of weights and measures or the secretary. Weighing and measuring devices that have been repaired or serviced shall meet the tolerances and specifications established in this chapter prior to being placed or returned to service. The service company or the city or county department of public inspection of weights and measures shall notify the secretary of any weighing and measuring devices that are found not to comply with such tolerances and specifications and are thus inaccurate and cannot be adjusted, repaired or serviced so as to comply with the standards and tolerances established in this chapter. Such notification shall be as required by the secretary, pursuant to rules and regulations. Such notification shall be furnished to the department not later than 10 days after the service company or city or county department of public inspection of weights and measures has found the weighing and measuring device to be in noncompliance with the tolerance and specifications required for such weighing and measuring device. A copy of the report prepared by the service company or city or county department of public inspection of weights and measures or the secretary showing the results of the weighing and measuring device test and the work done to correct any deficiencies shall be filed with the secretary by the party who prepared the report.

(d) Each service company shall be required to keep at such company's corporate headquarters or at such company's resident agent's office a copy of all reports regarding the installation, repair, calibration and other work that the service company or the technical representatives employed by the service company performed on commercial weighing or measuring devices. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations. The owner or operator of a device used for weighing, measuring or both shall also be required to retain copies of all reports regarding the installation, repair or adjustment or any of the aforementioned done to the device at the site where the measuring and weighing device is used. Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations.

(e) The secretary may adopt rules and regulations providing for inspection of vapor meters at intervals less frequently than annually if the secretary determines that annual inspections are not necessary to protect the public interest. In adopting any such rules and regulations, the secretary shall take into consideration the standard for inspections of vapor meters adopted by the national institute of standards and technology of the United States department of commerce.