In addition to the definitions set out in the Texas Agriculture Code, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Anniversary date--The last day of the month during which test standards are due annual calibration.
2. (2) ASTM--American Society for Testing Materials.
3. (3) Certificate of Authority--Written authorization issued by the department authorizing a public weigher to issue an official certificate.
4. (4) Certified/Certification--Written verification from a department approved laboratory declaring the accuracy of a licensed inspection company's or licensed service company's test standards.
5. (5) Commercial transaction--The purchase, offer or submission for sale, hire or award, barter or exchange of an item.
6. (6) Consumer Information Sticker--A sticker that directs consumers to registration, inspection, and complaint information regarding a device; and that it must be placed on each weighing or measuring device used for commercial transactions.
7. (7) Device--Any pump, scale, or bulk or liquefied petroleum gas meter used in a commercial transaction. Device includes any accessory which may affect accuracy. The term also includes weighing and measuring equipment in official use for the enforcement of law or for the collection of statistical information by government agencies.
8. (8) Handbook 44--NIST publication that sets the specifications, tolerances and other technical requirements for weighing and measuring devices.
9. (9) Licensed inspection company--A company licensed by the department authorized to employ registered technicians who may place devices into service or remove an out-of-order tag and may also perform inspections of LPG meters and ranch scales.
10. (10) Licensed service company--A company licensed by the department authorized to employ registered technicians who may place devices into service or remove an out-of-order tag.
11. (11) LPG Meter--A device used for the measurement of liquefied petroleum gas.
12. (12) NCWM--National Conference on Weights and Measures.
13. (13) NIST--National Institute of Standards and Technology, United States Department of Commerce.
14. (14) Official certificate--A certificate declaring the accurate weight or measure of a commodity which includes: the time and date the weight or measure was taken, signature and license number of the public weigher, and the seal of the department.
15. (15) OIML--International Organization of Legal Metrology.
16. (16) Operator of a Device--A person operates a device if the person collects or distributes payments for a commercial transaction for which the device is used; oversees the day-to-day operation of the device; or owns, leases, manages, or otherwise controls the physical location of the device or the device itself.
17. (17) Out-of-Order tag--A notice attached to a device directing that the device may not be used for commercial service.
18. (18) Person--An individual, partnership, firm, corporation, or association.
19. (19) Place in service--An approval for the device to be used.
20. (20) Public Weigher--A business appointed to issue an official certificate in Texas.
21. (21) Ranch scale--A livestock scale which is located on a private ranch and which has a capacity of 5,000 pounds or greater.
22. (22) Registered technician--An individual registered with the department who may place devices into service and remove an out-of-order tag or, if employed by an inspection company, may also perform inspections of LPG meters and ranch scales.
23. (23) Service Report--A report prescribed by the department, indicating the type of service, device type, device location, service/inspection company license number, and registered technician number.
24. (24) Sub-kit--A subdivided series of test standards that weigh a total of not less than one pound in avoirdupois units and whose smallest test standard weighs not more than one-sixteenth (1/16) ounce or five-thousandths (0.005) pound.
25. (25) Test--A field examination of a device to determine compliance with the requirements of this chapter.
26. (26) Test Standard--A certified weight or measure used to test a device.
27. (27) Test kit--A collection of test standards that collectively weigh 30 pounds and that consists of one sub-kit, at least two one-pound standards, and any other combination of standards that allows a scale with a capacity of 30 pounds or less be tested in one-pound increments to capacity.

Source Note:The provisions of this §12.1 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective April 11, 2000 25 TexReg 2991; amended to be effective September 1, 2009, 34 TexReg 5668; amended to be effective July 1, 2012, 37 TexReg 4589.