Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 81 - Regulation and Inspection; Commercial Weighing and Measuring Devices › Section 302 KAR 81:010 - Technical requirements for commercial weighing and measuring devices

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				363.410,
				363.510,
				363.610
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				363.590(2) requires the
				Director of the Division of Regulation and Inspection to promulgate
				administrative regulations establishing technical requirements for commercial
				weighing and measuring devices. This administrative regulation establishes
				technical requirements for commercial weighing and measuring devices and
				applies to any type of device and equipment covered in National Institute of
				Standards and Technology (NIST) Handbook 44 (Handbook 44), Specifications,
				Tolerances, and Other Technical Requirements for Weighing and Measuring
				Devices.
Section 1. Definitions.
(1) "Active Certificate of Conformance" means
			 a document issued based on testing by a participating laboratory, which the
			 certificate owner maintains in active status under the National Type Evaluation
			 Program. 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.
(2) "Commercial equipment"
			 means:
(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; and
(b) Any
			 accessory attached to or used in connection with a commercial weighing or
			 measuring device if the accessory is designed so that its operation affects the
			 accuracy of the device.
(3) "Device" means any weighing and measuring
			 device.
(4) "Director" is defined
			 by
			 KRS
			 363.510(6).
(5) "Manufactured device" means any
			 commercial weighing or measuring device shipped as new from the original
			 equipment manufacturer.
(6)
			 "National Type Evaluation Program" or "NTEP" means a program of cooperation
			 between the National Conference on Weights and Measurers, 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 Handbook 44.
(7) "NIST" means National Institute of
			 Standards and Technology.
(8)
			 "One-of-a-kind device" means one (1) non-NTEP device per manufacturer, which is
			 designed to meet unique demands for a specific installation and of a specific
			 design and that is not commercially available elsewhere.
(9) "Participating laboratory" means any
			 state measurement laboratory, state weights and measures agency, or other
			 laboratory that has been authorized to conduct a type evaluation under the
			 National Type Evaluation Program.
(10) "Person" means both singular and plural,
			 as the case demands, and includes individuals, partnerships, corporations,
			 companies, societies, and associations.
(11) "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.
(12) "Remanufactured element" means 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.
(13) "Repaired device" means a device on
			 which work is performed that brings the device back into proper operating
			 condition.
(14) "Repaired element"
			 means an element on which work is performed that brings the element back into
			 proper operating condition.
(15)
			 "Type" means a model or models of a particular device, measurement system,
			 instrument, or element that positively identifies the design. A specific type
			 varies in its measurement ranges, size, performance, and operating
			 characteristics as specified in the Certificate of Conformance.
(16) "Type evaluation" means the testing,
			 examination, and evaluation of a type by a "participating
			 laboratory".