Wyo. Code R. 010-0005-18
General Agency, Board or Commission Rules
Chapter 18: Weights and Measures, Metrology Laboratory and Registered Service Technicians
Effective Date: 08/13/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.18.08132025
Section 1. Authority. Pursuant to the authority provided by Wyoming Statute § 40-10-122(a) the Wyoming Department of Agriculture hereby promulgates and adopts the following regulations.
'Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,' are adopted and hereby incorporated by reference as a part of these rules, and shall apply to weighing and measuring devices in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.
(i) The following sections of Handbook 44 are not incorporated by reference:
Systems and/or Devices
(ii) With regard to the exempted sections of Handbook 44, the Department may respond to evaluate the suitability of equipment upon request.
(c) The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the 2017 Edition of the United States
Department of Commerce National Institute of Standards and Technology Handbook 130, 'Uniform Laws and Regulations,' is adopted and hereby incorporated by reference as a part of the rule, and shall apply to type evaluation in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.
(d) Recognized weighing, measuring, inspection, and sampling procedures, adopted by National Conference on Weights and Measures and published in the Fourth Edition 2017 of the United States Department of Commerce National Institute of Standards and Technology Handbook 133, 'Checking the Net Contents of Packaged Goods,' are adopted and hereby incorporated by reference as a part of this rule, and shall apply to package check weighing in Wyoming. These rules do not include any later amendments or editions. The handbook is available for public inspection and may be purchased at cost from the Wyoming Department of Agriculture and is readily available to the public and may be downloaded without cost from http://www.nist.gov.
(e) The Department shall annually review the newest version of the above handbooks and determine if this section of the rules should be amended to adopt the current version.
Section 4. Exemptions. The following are deemed appropriate to the maintenance of good commercial practices within Wyoming and exempt from the provisions of the act and remaining section in this Chapter.
(a) Ticket printers on vehicle tank meters. Reference: National Institute of Standards Handbook - 44 Section 3.31 Vehicle Tank Meter (VTM) code (Ticket Printer required).
(i) This exemption applies to meters mounted on vehicle tanks such as those used for the measurement and delivery of petroleum products; agri-chemical liquids such as fertilizers, feeds, pesticides, and defoliants; and water delivered in bulk. This exemption is valid until January 1, 2027. All deliveries after this date must be accompanied by a printed ticket generated at the time of delivery.
(ii) This exemption DOES NOT apply to the following:
(A) Devices used for dispensing Liquefied Petroleum Gases, Liquid Anhydrous Ammonia, or other liquids which do not remain in a liquid state at atmospheric pressures and temperatures.
(B) Devices used solely for dispensing a product if the amount dispensed does not affect cost to the customer.
(C) Vehicle tanks used as measures.
(D) Mass flow meters.
(iii) The delivery ticket may be printed using a mechanical ticket printer on the meter, or may be handwritten in clear hand script if the system does not have a ticket printer.
(iv) All recorded representations shall show the following minimum information:
(v) The Department will address all complaints on a case by case basis, and apply appropriate sanctions which may include, but not be limited to, revoking the exemption and requiring the immediate installation of mechanical or electronic ticket printers.
(b) Scale Divisions. Livestock Scales shall have a minimum division no greater than five (5) pounds.
(c) Scale Approaches.
(i) All entry areas to livestock scales shall ensure ease of access to the scale approach.
(ii) On a livestock scale, there shall be a straight approach as follows:
(A) Any approach adjacent to the load receiving element shall be of a width at least the width of the load-receiving element.
(B) Any approach adjacent to the load-receiving element shall be constructed of concrete or similar durable material and shall be designed to ensure any movement of the proper amount of test equipment onto and off the load-receiving element.
(d) All utilities identified in W.S. § 37-1-101, regardless of whether a utility is regulated by, or exempt from regulation by, the Wyoming Public Service Commission. Including, but not limited to, all public and municipal utilities defined in W.S. § 37-1-101.
(e) All commercial weighing and measuring equipment that has been inactive for a period of three (3) years or more must be placed into service by a qualified technician as outlined in Section 6.
Section 5. Inspection and testing of weights and measures used commercially.
(a) Weighing and measuring devices shall be inspected and tested according to a risk based schedule determined by the Director.
(b) Exception. The Department shall exercise no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device.
(i) For a weighing device to be exempt from this section, parties must agree in writing to the use of the weighing device. Appendix A to these rules shows an example of a written agreement. Copies of the signed and dated written agreements shall be retained by the seller for a minimum of 2 years.
(ii) No exception is granted to any device for transactions which are deemed to be in commerce in accordance with the United States Department of Agriculture, Packers and Stockyards Act, 1921 (7 U.S.C. 181) and the Regulations Under the Packers and Stockyards Act (9 CFR PART 201).
(c) Standards shall be inspected and tested as follows:
(i) Standards in possession and use by agencies of the State shall be inspected and tested biennially.
(ii) Registered service technicians shall have their standards inspected and tested biennially by the Department, and will receive certification upon payment of the laboratory fees established in these regulations.
(iii) All standards that are new, recently purchased, or have been damaged must not be used prior to inspection, testing, and approval by the Department.
(iv) Exceptions.
(A) Standards in possession and use by service technicians and that have been inspected and tested biennially by another recognized state laboratory or NIST accredited private laboratory are acceptable for use in Wyoming and exempt from this section.
(B) Standards which are self-contained, such as coal mine hopper weights, shall be inspected and tested by the Department at a minimum of once every five (5) years.
(a) Licensure of Weighing & Measuring Device Service Technicians. For the benefit of and as a convenience to the users, manufactures and distributors of weighing and measuring devices in the State of Wyoming, and those persons installing, servicing and repairing such instruments, the Department will accept applications for licensure of persons qualified to install, service and repair weighing and measuring devices.
(b) Certification of Registered Service Persons, Technicians. Certification will be valid for a term of 3 years. If the registered service person’s license is allowed to expire, suspended or otherwise allowed to lapse within this 3 year period certification will be invalidated.
(i) Certification shall be based on the following:
(A) Applicants shall pass both a general written exam and a specialized exam in each area in which they will be doing service work;
(B) Applicants shall provide evidence that they have received qualified training and appropriate experience; and
(C) Applicants shall provide evidence that they have the equipment required to repair and place devices into service.
(ii) Exam Requirements. Applicants shall successfully pass the general examination and the exam for each area in which they will be conducting service work with a 70% or better score.
(A) Failure to receive a passing score on any examination shall require that the applicant be re-examined only in categories which he failed. Re-examination shall be completed within ninety (90) days of the receipt of notification of the examination results.
(B) Any applicant who fails to obtain a passing score on two (2) successive examination attempts is required to attend a training program for new service technicians approved by the Director prior to taking any examination a third time.
(iii) The Department shall allow registered service technicians to become re-certified by completion of any of the following during the valid term of their certification:
(A) Attending the Department re-certification short course;
(B) Re-examination in all applicable categories;
(C) Attendance at any Department approved NIST or employer training that provides a minimum of six (6) hours of classroom instruction, seminar attendance, professional study; or
(D) Completion and documentation of any Department approved online coursework.
(c) Upon meeting certification requirements, applicants shall submit an application for licensure and a fee payable to the Wyoming Department of Agriculture. All fees submitted shall be non-refundable and deposited into the State General Fund. Applicants who have been found qualified for certification as a registered service person / technician shall be issued a license in the appropriate categories or sub categories, provided that all other requirements for certification have been fully complied with.
(i) The fee for Registered Service Person / Technician License is $25.00.
(ii) Examination fees are $10.00 per exam attempted.
(iii) Employees of governmental entities are exempted from paying the fees, when the license is used in the performance of their official duties.
(e) Registered Service Technician licenses expire March 31 of each year and may be renewed on an annual basis. Any license not renewed by March 31 is null and void and the former holder shall meet all requirements required to obtain an original license.
(f) Any registered service person / technician who has had his license suspended shall, prior to re-instatement, be required to take all applicable examinations and achieved a passing grade before operations may be resumed, and shall be considered on probation for a period of one (1) year thereafter.
(g) The Department shall in all cases adhere to the Wyoming Administrative Procedures Act when revoking, canceling, or suspending any registered service technician license.
(h) The testing equipment used by a registered service technician shall be submitted to the Department for approval upon its request.
(i) A holder of a certificate of registration has authority as provided by W.S. § 40-10-122.
(j) Registered service technicians, shall use a standard Placing in Service Report approved by the Department. The registered service technician shall execute the Placing in Service Report for all devices they repair or adjust if it affects the accuracy of the device and for all devices which are newly installed (including new and used devices). The original Placing in Service Report shall be submitted to the Department within 24 hours of placing the device in service. Copies shall be left with the user of the device and the registered service technician. A device placed in service by a registered service technician shall meet all specifications, tolerances and technical requirements specified in W.S. § 40-10-120.
Section 7. Testing and Inspection Fees. Fees for testing and inspection shall be reviewed and set by the Board of Agriculture. Fees will become effective upon approval by the board.
Section 8. Laboratory Fees. Laboratory fees shall be reviewed and set by the Board of Agriculture. Fees will become effective upon approval by the Board and may be set at different levels for in-state and out-of-state customers.
(a) The license fees are as follows: (i) $40.00 for establishments with no more than five (5) devices. (ii) $75.00 for establishments with more than (5) and less than eleven (11) devices. (iii) $115.00 for establishments with eleven (11) or more devices. (iv) $25.00 for a special events license. (b) Special event license. (i) A special events license is valid for the duration of the event. No special event license shall be granted for a period to exceed 30 days. (ii) In lieu of individual vendors obtaining special event licenses, establishments hosting a special event may purchase a single establishment license that covers all vendors. The fee for this establishment license shall be determined as set forth in this section. (c) The following are exempt from establishment license fees: (i) State of Wyoming agencies. (ii) Pharmacy scales required by the Wyoming State Board of Pharmacy. (iii) A Point-of-Sale system which is entirely independent from any weighing or measuring device.
Example Written Agreement between parties
W.S. § 40-10-121(c) Provides, “[E]xcept as otherwise required by law, rule, regulation or third party agreement, the Department shall have no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device.”
The parties signed hereto, agree that the weighing device used to determine the weight of __ on this date __ has not been certified by the State of Wyoming, Department of Agriculture, or duly placed in service by a Registered Service Technician; AND the use of the weighing device by the parties is not regulated by the United States Department of Agriculture, “Packers and Stockyards Act, 1921.” (7 U.S.C. 181) and the Regulations promulgated Under the Packers and Stockyards Act (9 CFR PART 201).
Seller:
Ranch or Business Name
Address
City, State, Zip
Phone, E-mail
Buyer:
Ranch or Business Name
Address
City, State, Zip
Phone, E-mail
Seller Signature
Buyer Signature
Date
Date