Title 3 Agriculture
1100 Weights and Measures
Authenticated PDF Version
1101 Voluntary Registration Regulation
Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices
Background
The Uniform Regulation covering the registration of servicepersons and service agencies was developed and adopted by the National Conference on Weights and Measures in 1966, retitled in 1983, and substantially revised in 1984. It is designed to promote uniformity among those jurisdictions that provide for or are contemplating the establishment of some type of control over the servicing of commercial weighing and measuring devices. It offers to a serviceperson or to a service agency the opportunity to register, and carries with it the privilege of restoring devices to service and of placing new or used devices in service. Two unique features of the registration plan are its voluntary nature and the provision for reciprocity. Registration is not required; however, the privileges gained make it attractive. Also, in order to provide maximum effectiveness of the program and to reduce to a minimum legal obstacles to service across State lines, provision is made for reciprocity in certification of standards and testing equipment among States.
Status of Promulgation
The table beginning on page 8 shows the status of adoption of the Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.
*The National Conference on Weights and Measures is sponsored by the National Institute of Standards and Technology in partial implementation of its statutory responsibility for "cooperation with the States in securing uniformity in weights and measures laws and methods of inspection."
1.0 Policy
For the benefit of the users, manufacturers, and distributors of commercial weighing and measuring devices, it shall be the policy of the Director of Weights and Measures, hereinafter referred to as "Director," to accept registration of (a) an individual and (b) an agency providing acceptable evidence that he, she, or it is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount. (An employee of government shall not be eligible for registration.)
The Director will check the qualifications of each applicant. It will be necessary for an applicant to have available sufficient standards and equipment (see section 5). It shall also be the policy of the Department to issue to qualified applicants, whose applications for registration are approved, a "Certificate of Registration." This gives authority to remove rejection seals and tags placed on Commercial and Law-Enforcement Weighing and Measuring Devices by authorized weights and measures officials, to place in service repaired devices that were rejected, or to place in service devices that have been newly installed.
The Director is NOT guaranteeing the work or fair dealing of a Registered Serviceperson or Service Agency. He will, however, remove from the registration list any Registered Serviceperson or Service Agency that performs unsatisfactory work or takes unfair advantage of a device owner.
Registration with the Director shall be on a voluntary basis. The Director shall reserve the right to limit or reject the application of any Serviceperson or Service Agency and to revoke his, her, or its permit to remove rejection seals or tags for good cause. This policy shall in no way preclude or limit the right and privilege of any individual or agency not registered with the Director to install, service, repair, or recondition a commercial weighing or measuring device (however, see section 7).
(Added 1966; Amended 1984)
2.0 Definitions
“Commercial and Law-Enforcement Weighing and Measuring Devices” -- The term "Commercial and Law-Enforcement Weighing and Measuring Device" shall be construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device. It also includes weighing and measuring equipment in official use for the enforcement of law or for the collection of statistical information by government agencies.
(Added 1966; Amended 1984)
“Registered Service Agency” -- The term "registered service agency" shall be construed to mean any agency, firm, company, or corporation that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that voluntarily registers itself as such with the Director of Weights and Measures. Under agency registration, identification of individual servicepersons shall be required.
(Added 1966; Amended 1984)
“Registered Serviceperson” -- The term "registered serviceperson" shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who voluntarily applies for registration with the Director of Weights and Measures.
(Added 1966)
3.0 Registration Fee
There shall be charged by the Director an annual fee of ($ ) per Registered Serviceperson and ($ ) per Registered Service Agency to cover costs at the time application for registration is made, and annually, thereafter.
(Added 1966; Amended 1984)
4.0 Voluntary Registration
An individual or agency qualified by training or experience may apply for registration to service weighing devices or measuring devices on an application form supplied by the Director. Said form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered; has in possession or available for use, and will use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, and regulations. An applicant also shall submit appropriate evidence or references as to qualifications. Application for registration shall be voluntary, but the Director is authorized to reject or limit any application.
(Added 1966; Amended 1984)
5.0 Minimum Equipment
Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the Notes section of each applicable code in NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices." When applicable, this equipment will meet the specifications of National Institute of Standards and Technology 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)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask," or National Institute of Standards and Technology 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." See also section 9.
(Added 1984)
6.0 Certificate of Registration
The Director will review and check the qualifications of each applicant. The Director shall issue to the applicant a "Certificate of Registration," including an assigned registration number if it is determined that the applicant is qualified. The "Certificate of Registration" will expire 1 year from the date of issuance.
(Added 1966; Amended 1984)
7.0 Privileges and Responsibilities of a Voluntary Registrant
A bearer of a Certificate of Registration shall have the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the Director; place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; and place in service, until such time as an official examination can be made, a new or used weighing or measuring device. The Registered Serviceperson or Service Agency is responsible for installing, repairing, and adjusting devices such that the devices are adjusted as closely as practicable to zero error.
(Added 1966; Amended 1984)
8.0 Placed in Service Report Section 10. Revocation of Certificate of Registration
The Director shall furnish each Registered Serviceperson and Registered Service Agency with a supply of report forms to be known as "Placed in Service Reports." Such a form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a Registered Serviceperson or by a serviceperson representing Registered Agency for each rejected device restored to service and for each newly installed device placed in service. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Placed in Service Report, together with any official rejection tag removed from the device, shall be mailed to the Director at (address) . The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the Registered Serviceperson or Agency.
(Added 1966)
9.0 Examination and Calibration or Certification of Standards and Testing Equipment
All standards that are used for servicing and testing weights and measures devices for which competence is registered, shall be submitted to the director for examination and certification at intervals determined by the director. A registered Serviceperson or Agency shall not use in servicing commercial weighing or measuring devices any standards or testing equipment that have not been certified by the Director. Equipment calibrated by another State weights and measures laboratory that can show evidence of measurement traceability to the National Institute of Standards and Technology will also be recognized as equipment that is suitable for use by Registered Servicepersons or Service Agencies in this State.
(Added 1966; Amended 1984 and 1999)
The Director is authorized to suspend or revoke a Certificate of Registration for good cause which shall include but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment, failure to adjust Commercial or Law-Enforcement Devices to comply with Handbook 44 subsequent to service or repair.
(Added 1966; Amended 1984)
10.0 Revocation of Certificate of Registration
The Director is authorized to suspend or revoke a Certificate of Registration for good cause which shall include but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment, failure to adjust Commercial or Law-Enforcement Devices to comply with Handbook 44 subsequent to service or repair.
(Added 1966; Amended 1984)
11.0 Publication of Lists of Registered Service-persons and Registered Service Agencies
The Director shall publish, from time to time as he deems appropriate, and may supply upon request, lists of Registered Service-persons and Registered Service Agencies.
(Added 1966)
12.0 Effective Date
This regulation shall become effective on .
(Added 1966)
