Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.03-010 - Rule for the Northeast Delta Zone of Arkansas for Boll Weevil Eradication in 2004

Current through Register Vol. 49, No. 6, June, 2024
Uniform Regulation for National Type Evaluation
Section 1. Application.
This regulation shall apply to 
				[
NOTE
										u
see
									page
									138] 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."
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
2.1.
Active Certificate of
			 Conformance.
- 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 one or more active Certificates of Conformance if it was manufactured
			 during the period that the Certificate was maintained in active status.
(Amended 2000 and 2001)
2.2.
Device.--
Device means any
			 weighing and measuring device as defined in §
									2.15. Commercial and Law
			 Enforcement Equipment.
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 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.
- 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.
-
			 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.
- 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
			 Certificate of Conformance.
2.14.
Type Evaluation.
- 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.
- (a) Weighing and measuring equipment
			 consisting of connected components that are 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
									139]
NOTE 2: The section is identical to G-A.L, §
											1.10, General Code, National
				Institute of Standards and Technology Handbook 44 for definition of
				"commercial" and "law enforcement equipment. "