1. (a) "Accurate" in any grammatical or modified form as used in this section means "found or left to be as close to zero error as practical."
2. (b) Each hopper scale operated in this state for commercial transactions shall be inspected and tested for accuracy by a Texas-licensed private service company at least once every four years. Each such scale found to be inaccurate during such inspection and testing or otherwise found to be in disrepair shall be placed out-of-order by the service company, repaired, and calibrated to be accurate prior to further operation. Upon completion of the inspection, testing, and if necessary repair of the scale, the person operating the scale shall within 30 calendar days after placing the device back into service file with the department a form prescribed by the department, using the most recent version of the form.
3. (c) A person operating a hopper scale shall notify the department in writing at least 14 calendar days prior to the scheduled inspection required by subsection (a) of this section. If inspection and testing of the scale is delayed, the person operating the scale shall notify the department by phone of the delay and the anticipated new inspection and testing date if known and shall additionally submit a written notice of the new inspection and testing date. A department inspector may observe the inspection and testing of the hopper scale at the department's discretion.
4. (d) If a hopper scale operated in this state has been inspected and tested for accuracy by a Texas-licensed private service company within the four-year period immediately preceding the adoption date of this rule, the person operating the scale shall within 30 calendar days after the date this rule is adopted file with the department a form prescribed by the department, using the most recent version of the form.
5. (e) If the certification required by subsection (d) of this section cannot be made, because the hopper scale was not calibrated and repaired in compliance with Handbook 44 standards and specifications to be accurate or for some other reason, the person operating the hopper scale shall place the scale out-of-order and not operate the scale until such time as the required report can be submitted.
6. (f) Any notice or report to be provided under this subsection shall be made to: Texas Department of Agriculture, Weights and Measures Program, P.O. Box 12847, Austin, Texas 78711, phone number (800) 835-5832, email address: Regulatory@TexasAgriculture.gov, or fax number (888) 205-7224.

Source Note:The provisions of this §12.14 adopted to be effective August 1, 2011, 36 TexReg 4797.