901:6-2-01 National type evaluation program.
(A) Application. To recognize and enable participation in the national type evaluation
program to serve the manufacturing industry and assure weights and measures
officials, sellers, users, and buyers that a particular model or type of device is
capable of meeting applicable requirements. This rule shall apply to types of
devices and/or equipment as covered in national institute of standards and
technology handbook 44, for which formal national type evaluation program
evaluation criteria exist and to new technologies or device applications where the
development of criteria is deemed necessary. This rule shall also apply to a device,
when used in commerce, designed to meet unique demands for a specific
installation and a specific design. In general , type evaluations are conducted on all
equipment that affects the measurement process or the validity of a commercial
transaction and/or all equipment to the point of the first indicated or recorded
representation of the final quantity on which the transaction will be based.
(B) Definitions.
(1) "Certificate of conformance" means a document issued by the national
conference on weights and measures established that the device, based on
testing in participating laboratories, constitutes evidence of conformance of a
type with the requirements of national institute of standards and technology
handbook 44 as demonstrated using the test procedures in national conference
on weights and measures, publication 14, national type evaluation program,
administrative procedures, technical policy, checklists and test procedures.
(2) "Devices" meansmean instruments, and any appliances and accessories
associated with such instruments, used in trade, commercial applications, or
highway law enforcement for weighing and measuring which are subject to
weights and measures requirements.
(3) "Director" means the director of the Ohio department of agriculture.
(4) "National type evaluation program" means a program of cooperation between
the national institute of standards and technology, other federal agencies, the
national conference on weights and measures, the states, and the private
sector for determining, on a uniform basis, the conformance of 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 as demonstrated using the test procedures in
the national conference on weights and measures, publication 14, national
type evaluation program, administrative procedures, technical policy,
checklists and test procedures.
[stylesheet: rule.xsl 2.14, authoring tool: i4i 2.0 ras3 Feb 1, 2016 03:36, (dv: 0, p: 165360, pa: 299464, ra: 499569, d: 645642) ] print date: 07/05/2016 08:00 PMACTION: Final DATE: 07/05/2016 11:31 AM(5) "One-of-a-kind device" means a device designed to meet unique demands for a
specific installation and a specific design which is not commercially available
elsewhere. If the manufacturer constructs an additional device or devices of
the same type, the device is no longer considered to be one-of-a-kind. This
definition also applies to any device that has been determined to be a
one-of-a-kind device by a weights and measures jurisdiction in another state
and the manufacturer decides to manufacture and install the device in this
state. In this case, the device must be traceable to a certificate of
conformance, unless the national type evaluation program has already
decided that such evaluation will not be conducted.
(6) "Participating laboratory" means any state measurement laboratory that has
beenaccredited recongized by the national institute of standards and
technology, in accordance with its program for the certification of capability
of state measurement laboratories, or any state weights and measures agency
or other laboratory that has been authorized to conduct a type evaluation
under the national type evaluation program bytheNational Conference on
WeightsandMeasures.
(7) "Remanufactured device" means 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.
(8) "Repaired device" means a device to which work is performed that brings the
device back into proper operating condition.
(9) "Type" means a model or models of a particular device, measurement
instrument, 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.
(10) "Type evaluation" means the testing, examination and/or evaluation of a type
by a participating laboratory under the national type evaluation program.
(C) The director mayshall require any weighing or measuring instrument or device to be
traceable to a certificate of conformance prior to use for commercial or law
enforcement purposes.
(D) "Certificate of conformance," specific requirements.
(1) No person shall sell for use in commerce a device unless the device is traceable
to a certificate of conformance or the device is exempted by paragraph (E) of901:6-2-01 2this rule.
(2) No person shall use in commerce a device unless the device is traceable to a
certificate of conformance or the device is exempted by paragraph (E) of this
rule.
(3) Commercial weighing or measuring devices installed and/or put in service shall
be traceable to a certificate of conformance when the device is one of the
following:
(a)Automatic bulkweighing systems,
(b)Automatic weighing systems,
(a)(c) Axle-load weighers,
(b)(d) Belt conveyor scales,
(c)(e) Bench and counter scales,
(d)(f) Bulk weighing systems,
(g)Cardreader,
(e)(h) Counter computing scales andnon-computing scales,
(f)(i) Crane scales,
(j)Devicesoftwarethatprovidesmetrological calculations,
(g)(k) Electronic cash registers attached to a scale,
(h)(l) Electronic indicating elements - scales,
(i)(m) Floor scales,
(n)Grainanalyzer,
(j)(o) Grain test scales,
(k)(p) Hanging scales,901:6-2-01 3(l)(q) Hopper scales,
(m)(r) Jewelers scales,
(n)(s) Liquid measuring devices,
(o)(t) Liquefied petroleum gas meters,
(p)(u) Livestock scales,
(q)(v) Load cells,
(r)(w) Mass flow meters,
(s)(x) Milk meters,
(t)(y) Monorail scales,
(u)(z) Multiple dimension measuring device,
(v)(aa) On-board weighing systems,
(w)(bb)RailroadRailway weighing systemstrackscalesusedtoweighin
motionorstatic and combination railroad/vehicle scales,
(cc)Pointofsalesystem,
(x)(dd) Retail motor fuel dispensers, including those used for alternative fuels
(for example, liquefied petroleum gas and compressed, liquid natural
gas,naturalgas,andhydrogen),
(y)(ee) Service station consoles,
(z)(ff) Taximeters,
(aa)(gg) Vehicle scales,
(bb)(hh) Vehicle tank meters and registers,901:6-2-01 4(ii)Weigh-in andweigh-out system,
(cc)(jj) Weighbeams - scales,
(kk)Weighing loadreceiving element,
(dd)(ll) Weight classifiers, and
(ee)(mm) Wholesale meters and controllers.
(4) Axle-load weighers and wheel-load weigher scales used for law enforcement
put in service shall be traceable to a certificate of conformance.
(5) Existing devices modified to the extent that the design is metrologically
changed (for example, a fully mechanical to fully electronic scale) shall be
traceable to a certificate of conformance.
(6) The director may require other equipment and devices used in commerce that
effect the measurement process or the validity of the transaction to be
traceable to a certificate of conformance. The scope of these requirements is
typically limited to devices for which formal type evaluation criteria exist, to
devices for which definite criteria exist in handbook 44 and to a new
technologies or device applications where the development of criteria is
deemed necessary. Device categories specified in paragraph (D)(3) of this
rule do not encompass all weighing and measuring devices used in
commerce. Selection criteria is based, in part, upon commercial availability,
evaluation procedure development and economic impact.
(7) Repaired devices. 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 certificate of conformance.
(8) Remanufactured devices. If a person repairs or remanufactures a device, they
are obligated to repair or remanufacture it consistent with the manufacturers
original design; otherwise, that specific device is no longer traceable to the
certificate of conformance.
(9) Copied devices. The manufacturer who copies the design of a device that is
traceable to a certificate or 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.901:6-2-01 5(10) Device components. If a person buys a load cell(s) and an indicating element,
which are traceable to certificates of conformance, and then manufactures a
device from the parts, that person shall obtain a certificate of conformance for
the device.
(11) Loaner devices. Loaner devices and main elements placed into service in a
location shall be traceable to a certificate of conformance.
(E) Exceptions.
(1) A device in service in a fixed location prior to any certificate of conformance
requirement shall not be required to be traceable to a certificate of
conformance.
(2) A device in service prior to any certificate of conformance requirement,
removed from service by the owner or by the state, county, or city weights
and measures official, and then returned to service at a later date shall be
required to meet applicable specifications, tolerances, and other technical
requirements of national institute of standards and technology handbook 44,
but shall not be required to be traceable to a certificate of conformance.
(3) A device in service prior to any certificate of conformance requirement may be
installed at another location in this state. Provided there is no charge of
ownership and provided the device meets the applicable specifications,
tolerances, and other technical requirements of national institute of standards
and technology handbook 44, but shall not be required to be traceable to a
certificate of conformance.
(4) A device in service that is being repaired but parts, elements or instruments
traceable to a certificate of conformance are not available, shall be required to
meet applicable specifications, tolerances, and other technical requirements of
national institute of standards and technology handbook 44, but shall not be
required to be traceable to a certificate of conformance.
(5) The director may accept the design of a one-of-a-kind device which is not
traceable to a certificate of conformance pending the inspection and
performance testing to satisfy that the device complies with handbook 44 and
is capable of performing within applicable 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 a certificate of conformance as
evidence that the system meets the influence factor requirements of handbook
44.901:6-2-01 6(F) 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 this rule.
(3) Conduct inspections and performance testing on one-of-a-kind devices and
other devices not required by the national type evaluation program to be
traceable to a certificate of conformance to satisfy that the device complies
with applicable requirements. In this regard, the director is authorized to
charge and collect fees for these evaluations.
(G) All provisions of all orders and rules heretofore issued on this same subject that are
contrary to or inconsistent with the provisions of this rule are hereby revoked.901:6-2-01 7Effective: 07/15/2016
Five Year Review (FYR) Dates: 04/26/2016 and 07/05/2021
CERTIFIED ELECTRONICALLY
Certification
07/05/2016
Date
Promulgated Under: 119.03
Statutory Authority: 1327.49, 1327.50
Rule Amplifies: 1327.49, 1327.50
Prior Effective Dates: 8/10/2010, 10/15/2015901:6-2-01 8