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E. 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 68th 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 (NCWM). The Regulation specifically authorizes: type 

evaluation; recognition of a NCWM “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 (NIST)

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, as approved by the NCWM, as 

their examining procedure. If a state does not wish to establish a Participating Laboratory, Section 2.4. Participating 

Laboratory and Section 4. Participating Laboratory may be deleted.

3. Status of Promulgation

The table beginning on page 6 shows the status of adoption of the Uniform Regulation for National Type Evaluation.

∗The National Conference on Weights and Measures (NCWM) is supported by the National Institute of Standards and 

Technology (NIST) in partial implementation of its statutory responsibility for “cooperation with the states in securing 

uniformity in weights and measures laws and methods of inspection.”
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E. Uniform Regulation for National Type Evaluation

Table of Contents

Section Page

Section 1. Application ..............................................................................................................................................165

Section 2. Definitions...............................................................................................................................................165

2.1. Active Certificate of Conformance (CC)....................................................................................................165

2.2. Device. .....................................................................................................................................................165

2.3. Director......................................................................................................................................................165

2.4. Manufactured Device. ...............................................................................................................................165

2.5. National Type Evaluation Program. ..........................................................................................................165

2.6. One-of-a-Kind Device...............................................................................................................................165

2.7. Participating Laboratory............................................................................................................................166

2.8. Person. .....................................................................................................................................................166

2.9. Remanufactured Device. ...........................................................................................................................166

2.10. Remanufactured Element. .......................................................................................................................166

2.11. Repaired Device. .....................................................................................................................................166

2.12. Repaired Element. ...................................................................................................................................166

2.13. Type. .....................................................................................................................................................166

2.14. Type Evaluation. .....................................................................................................................................166

2.15. Commercial and Law Enforcement Equipment.......................................................................................166

Section 3. Certificate of Conformance (CC).............................................................................................................167

Section 4. Prohibited Acts and Exemptions..............................................................................................................167

Section 5. Participating Laboratory and Agreements...............................................................................................168

Section 6. Revocation of Conflicting Regulations....................................................................................................168

Section 7. Effective Date ..........................................................................................................................................168
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Section 1. Application

This regulation shall apply to [see Section 1. NOTE] any type of device and/or equipment covered in National Institute of 

Standards and Technology (NIST) Handbook 44 for which evaluation procedures have been published in the National 

Conference on Weights and Measures (NCWM), Publication 14, “National Type Evaluation Program, Technical 

Policy, Checklists, and Test Procedures.”

Section 1. NOTE: 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

2.1. Active Certificate of Conformance (CC). – 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 CC 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. – A piece of commercial or law enforcement equipment as defined in Section 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. – Means the __________ of the Department of __________.

2.4. Manufactured Device. – Any commercial weighing or measuring device shipped as new from the original 

equipment manufacturer.

(Added 2001)

2.5. National Type Evaluation Program. – A program of cooperation between the NCWM, NIST, other federal 

agencies, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant 

provisions of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and 

Measuring Devices,” and NCWM, Publication 14, “National Type Evaluation Program, Technical Policy, Checklists, 

and Test Procedures.”

(Amended 2000)

2.6. One-of-a-Kind Device. – 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 
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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. – Any State Measurement Laboratory or State Weights and Measures Agency or 

other laboratory that has been authorized to conduct a type evaluation under the NTEP.

(Amended 2001)

2.8. Person. – 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. – 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. – 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. – A device on which work is performed that brings the device back into proper operating 

condition.

(Amended 2001)

2.12. Repaired Element. – An element on which work is performed that brings the element back into proper operating condition.

(Added 2001)

2.13. Type. – 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 CC.

2.14. Type Evaluation. – The testing, examination, and/or evaluation of a type by a Participating Laboratory under 

the NTEP.

2.15. Commercial and Law Enforcement Equipment.

(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. [see Section 2.15. NOTE]

Section 2.15. NOTE: The section is identical to G-A.1. Commercial and Law Enforcement Equipment, Section 1.10. 

General Code, NIST Handbook 44 for definition of “commercial” and “law enforcement equipment.”
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Section 3. Certificate of Conformance (CC)

The Director shall require a device to be traceable to an active Certificate of Conformance (CC) 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 CC. A device is traceable to a CC 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

(a) Except for a device exempted by this section, no person shall sell a device unless it is traceable to an active 

CC.

(Amended 2001)

(b) Except for a device exempted by this section, no person shall use a device unless it is traceable to an active 

CC.

(Amended 2001)

(c) A device in service in this State prior to , , (date) that meets the specifications, tolerances, and 

other technical requirements of NIST Handbook 44 shall not be required to be traceable to an active CC.

(Amended 2001)

(d) A device in service in this State prior to , , (date) removed from service by the owner or on 

which the department has issued a removal order after __________, ____, (date) and returned to service at a 

later date shall be modified to meet all specifications, tolerances, and other technical requirements of NIST

Handbook 44 effective on the date of the return to service. Such a device shall not be required to be traceable 

to an active CC.

(Amended 2001)

(e) A device in service in this State prior to , , (date) which is repaired after such date shall meet 

the specifications, tolerances, and other technical requirements of NIST Handbook 44 and shall not be required to be traceable to an active CC.

(Amended 2001)

(f) A device in service in this State prior to , , (date) 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 CC.

(Amended 2001)

(g) A device in service in another State prior to , , (date) may be installed in this State; however, 

the device shall meet the specifications, tolerances, and technical requirements for weighing and measuring 

devices in NIST Handbook 44 and be traceable to an active CC.

(Amended 2001)

(h) 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 NIST 

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 
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have an active NTEP CC as evidence that the system meets the influence factor requirements of NIST 

Handbook 44.

(Amended 1998 and 2001)

(i) 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 CC.

(Amended 2001)

(j) 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 CC.

(Amended 2001)

(k) Copy of a Device. – The manufacturer who copies the design of a device that is traceable to an active CC, 

but which is made by another company, must obtain a separate CC for the device. The CC for the original 

device shall not apply to the copy.

(l) Device Components. – If a person buys a load cell(s) and an indicating element that are traceable to CCs

and then manufactures a device from the parts, that person shall obtain an active CC for the device.

(Amended 2001)

Section 5. Participating Laboratory and Agreements

The Director is authorized to:

(a) Operate a Participating Laboratory as part of the NTEP. In this regard, the Director is authorized to charge 

and collect fees for type evaluation services.

(b) 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

This regulation shall become effective on __________.

(Amended 2001)