PURPOSE: This rule adopts uniform guidelines established by the National Institute of Standards and Technology pertaining to the type evaluation of weighing and measuring devices.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The Division of Weights and Measures shall use the guidelines established by the National Institute of Standards and Technology (NIST) for examining weighing and measuring devices for type evaluation.
2. (2) This rule shall apply to all classes of devices and/or equipment as covered in the current editions of NIST Handbooks 44, 105- 1—105-3.

3. (3) For the purpose of this rule the following definitions shall apply:

   1. (A) National-Type Evaluation Program means a program of cooperation among the National Institute of Standards and Technology, the National Conference on Weights and Measures, the state and the private sector for determining uniform conformance of a type with the relevant provisions of NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, NIST Handbook 105-1, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications, and Tolerances for Field Standard Weights (NIST Class F), NIST Handbook 105-2, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications, and Tolerances for Field Standard Measuring Flasks, or NIST 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;
   2. (B) Type evaluation means the testing, examination, evaluation, or both, of a type by a participating laboratory under the National- Type Evaluation Program;
   3. (C) Type means a model(s) 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;
   4. (D) Participating laboratory means any state measurement laboratory that has been certified by the NIST, 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;
   5. (E) Certificate of conformance means a document issued by the NIST based on testing in participating laboratories and constituting evidence of conformance of a type with the requirements of NIST Handbooks 44, 105-1, 105-2 or 105-3; and
   6. (F) Director means the director of the Department of Agriculture.
4. (4) The director may require any weight or measure or any weighing or measuring instrument or device to be issued a certificate of conformance prior to use for commercial or law enforcement purposes.
5. (5) The director is authorized to operate a participating laboratory as part of the National-Type Evaluation Program and to charge and collect fees for type evaluation services.

AUTHORITY: section 413.065, RSMo Supp. 1993.* Original rule filed March 29, 1989, effective June 11, 1989. Amended: Filed Dec. 11, 1991, effective April 9, 1992. Amended: Filed April 14, 1994, effective Sept. 30, 1994. *Original authority 1983, amended 1993.