Any weighing or measuring device not used for commercial purpose in the state of New Mexico, may be marked "not sealed - not legal for trade" if:

1. A. the owner of the device declares in writing the device is not used for commercial purpose;
2. B. the director determines a device is not being used for commercial purpose through abandonment, location, or condition; or

3. C. the director determines a device cannot be used commercially because of its construction or design.

   [7/1/97; 21.16.3.9 NMAC - Rn, 21 NMAC 16.3.9, 05/29/09]