Md. Code Regs. 15.03.09.03 - Type Evaluation
A. The
Secretary shall establish a State Type Evaluation Program and provide type
evaluation services for weights and measures to be offered for sale, sold, or
used in Maryland.
B. If the
Department's laboratory is certified as a participating laboratory, the
Secretary may provide type evaluation services for weights and measures under
the National Type Evaluation Program.
C. As provided under Regulation .05, of this
chapter, the Secretary shall charge fees for all services it performs in the
type evaluation process and for the use of equipment and laboratory facilities
involved in the completion of a device evaluation.
D. When submitting a weighing and measuring
device for evaluation, a person shall indicate whether it is to be tested under
the State or National Program.
E.
When evaluating a weighing and measuring device under either the State or
National Type Evaluation Program, the Secretary shall follow the National Type
Evaluation Program's uniform type evaluation criteria and test
procedures.
F. If the Secretary
finds that the device complies with the applicable technical requirements of
the National Institute of Standards and Technology Handbook 44, the Secretary
shall:
(1) Notify the National Conference on
Weights and Measures if the device is being evaluated under the National
Program; or
(2) Issue a Maryland
Certificate of Approval for the device if it is being evaluated under the State
Program.
G. If a
weighing and measuring device does not comply with the applicable technical
requirements of the National Institute of Standards and Technology Handbook 44,
the Secretary shall notify the applicant of this finding.
H. A Maryland Certificate of Approval is
appropriate under the following circumstances:
(1) When a Certificate of Conformance cannot
be issued for a device because there are no current uniform type evaluation
criteria and test procedures; or
(2) When the device's use is limited to
Maryland.
Notes
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