PURPOSE: This rule covers guidelines pertaining to the registration of servicemen for commercial weighing devices (formerly listed as Regulation 8).

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: NIST Handbook 130 covers the registration of servicepersons and service agencies, which promotes uniformity among jurisdictions that provide for or are contemplating the establishment of some type of control over the servicing of commercial weighing and measuring devices.

1. (1) The rule for the Division of Weights, Measures and Consumer Protection for Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices shall incorporate by reference the section of the NIST Handbook 130, 2023 Edition, entitled “Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.” NIST Handbook 130, 2023 Edition, is published by the Superintendent of Documents, U.S. Government Publishing Office, and is available free of charge online at www.NIST.gov or a hard copy may be purchased from the National Conference on Weights and Measures at www.NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 130.

2. (2) For the purposes of this regulation, the following terms shall mean—

   1. (A) Calibration certificate—a certificate that indicates a mass or volume standard has a traceable calibration;
   2. (B) Registration card—a card issued by the Division of Weights, Measures and Consumer Protection that indicates a serviceperson’s name, registration number, date of issuance, scope of work the person is allowed to perform, and the expiration date of the calibration certificate associated with the person’s equipment;
   3. (C) Service agency—a company performing installation, repair, or calibration on a weighing or measuring device;
   4. (D) Service work—installation, repair, or calibration performed on a weighing or measuring device that is placed into service for commercial purposes; and
   5. (E) Serviceperson—an employee of a service agency performing installation, repair, or calibration on a weighing or measuring device.
3. (3) Registration of Servicepersons and Service Agencies. Any serviceperson or service agency that places a weighing and measuring device into service or restores a device to service shall be registered with the Division of Weights, Measures and Consumer Protection. All registration applications are due to the division annually by July 1 and are to include a one hundred dollar ($100) registration fee for any service agency and a twenty-five dollar ($25) fee for every serviceperson. No registration card will be issued to a serviceperson or service agency that does not show a calibration certificate evidencing proof that they possess properly calibrated equipment.
4. (4) New Registrations. Any unregistered serviceperson or service agency can register with the division at any time during the calendar year but must do so before performing service work in this state.
5. (5) Registration Card Expiration. Registration cards shall expire annually on June 30 and may be renewed by that date to avoid expiration.
6. (6) Registration Card Renewal. Any serviceperson or service agency may renew their registration card by providing the appropriate fee and calibration certificate described in section
7. (3) of this regulation.
8. (7) All service work performed on a weighing or measuring device shall be performed with calibrated equipment or shall be deemed invalid. Should the division determine that a device has been improperly placed into service, an official rejection tag shall be placed on the device until a proper placed-in-service report is received by the department.
9. (8) Placed-in-Service Report. Within twenty-four (24) hours after a device is restored to service or placed in service, the original of the properly executed placed-in-service report, together with any official rejection tag removed from the device, shall be forwarded to MDA—Weights, Measures and Consumer Protection Division, PO Box 630, Jefferson City, MO 65102-0630 or faxed to (573) 751-0281.

AUTHORITY: section 413.065, RSMo 2016.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Nov. 14, 1977, effective April 13, 1978. Amended: Filed May 17, 1988, effective Aug. 11, 1988. Emergency amendment filed July 27, 1995, effective Aug. 5, 1995, expired Dec. 2, 1995. Amended: Filed July 27, 1995, effective Jan. 30, 1996. Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed July 12, 2021, effective Feb. 28, 2022. Amended: Filed Nov. 23, 2022, effective July 30, 2023.

*Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.