1. A. Except as otherwise provided in §§C and D of this regulation, a person may not offer for sale, sell, or use a commercial weighing and measuring device in this State unless it has been approved by the Secretary.

2. B. The Secretary shall approve a weighing and measuring device for sale or use in this State if it:

   1. (1) Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and
   2. (2) Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.

3. C. The limitation that a weighing or measuring device be approved by the Secretary before a person may offer it for sale, sell, or use it in this State does not apply to the following devices:

   1. (1) A commercial weighing and measuring device manufactured before October 1, 1992;
   2. (2) A counting scale;
   3. (3) A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and
   4. (4) A noncommercial weighing or measuring device such as an estimator.

4. D. If a weighing or measuring device does not have either of the requisite certificates but is accurate, the Secretary may permit the device's use for a specified period of time, provided, however, the device is:

   1. (1) Submitted for evaluation under the State or National Type Evaluation Program; or
   2. (2) Replaced with an approved device within the specified period of time.

Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland

Effective date: February 1, 1993 (20:2 Md. R. 113)

Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590)

Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728)

Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590)

Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728)

Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979)

Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701)

Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)