1. DEFINITIONS

1. Type approval - The term "type approval" means an approval granted to a device manufacturer or distributor by the State Sealer covering a specific type of weighing or measuring equipment, which, for purposes of identification, is assigned a designation that positively identifies the model, pattern, or design of the device.

2. National type evaluation program - The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, 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", National Institute of Standards and Technology Handbook 105-1, "Specification and Tolerances for Reference Standards and Field Standard Weights (NIST Class F)." National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specification and Tolerances for Field Standard Measuring Flask", or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards."

3. Type evaluation - The term "type evaluation" shall be construed to mean the testing, examination, and/or evaluation; of a type by a participating laboratory under the National Type Evaluation Program.

4. Type - The term "type" shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard 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.

5. Participating laboratory - The term "Participating Laboratory" shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the Certification of Capability of State Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

6. Certificate of Conformance - The term "Certificate of Conformance" shall be construed to mean a document issued by the National Institute of Standards and Technology based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 1051, 105-2, 105-3.

2. Requirements

Type approval requirement - No Weighing or measuring device shall be sold, offered for sale, or used in the state unless that device is given type approval by the State Sealer. Said type approval shall be granted by the State Sealer upon his determination that the design or pattern of the device is such that it will perform accurately and correctly.

A. Exceptions to type approval requirement Type approval shall not be required when:

(a) In the case of an individual device, the State Sealer permits the sealing of the device for testing purposes, or to prevent economic hardship; (b) The State Sealer deems the device or piece of equipment to be of such simple design and predictable response that considerations beyond the accuracy and correctness of individual devices are unnecessary; or (c) The device has received a certificate of conformance in accordance with the National Type Evaluation Program.

STATUTORY AUTHORITY: 10 MRSA §2402(3)

EFFECTIVE DATE:

October 6, 1993

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

NON-SUBSTANTIVE CORRECTIONS:

May 19, 2008

CORRECTIONS:

February, 2014 – agency names, formatting