N.D. Admin Code 69-10-01-01 - Definitions
As used in article 69-10:
1. "Audit trail" means an electronic count or
information record of the changes to the values of the calibration or
configuration parameters of a device.
2. "Automatic bulk weighing system" means a
weighing system adapted to the automatic weighing of bulk commodities in
successive drafts or predetermined amounts, automatically recording the no-load
and loaded weight values, and accumulating the net weight of each
draft.
3. "Batching scale" means a
noncommercial weighing or measuring device used to determine, in part, the
amount of an ingredient in a finished, manufactured commodity.
4. "Certify" means to seal, if upon testing
and inspection, a weighing or measuring device is within the permitted
tolerance and properly installed.
5. "Commerce" means the distribution or
consumption of quantities, things, produce, commodities, or articles which may
be offered or submitted by any person for sale or hire.
6. "Commercial weighing and measuring device"
includes:
a. A weighing or measuring device
commercially used or employed in establishing 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; and
b. An
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.
7. "Equipment repair notice tag" means a tag
that allows a device to be operated for sixty days from its inspection date
pending correction of cited defects relating to the device or any of its
required peripheral equipment.
8.
"Liquid or liquefied petroleum gas computing pump" means a device that provides
fuel or liquefied petroleum gas to a consumer.
9. "Medical marijuana" means medical
marijuana as regulated by the state department of health.
10. "NCWM" means the national conference on
weights and measures.
11. "NIST"
means the United States department of commerce, national institute of standards
and technology.
12. "Noncommercial
device" means a tag or seal applied to a device which has not been inspected
and tested, does not meet applicable design or tolerance requirements, or is no
longer being used commercially.
13. "NTEP" means the national conference on
weights and measures, national type evaluation program.
14. "Quality assurance inspected" means a tag
applied to a device which either passed a quality assurance test or passed a
test in response to a consumer complaint.
15. "Random testing" means the random
retesting and recertification by a weights and measures inspector of any
weighing or measuring device being tested .
16. "Registered service person" means an
individual who for hire, award, commission, or payment of any kind installs,
services, repairs, or reconditions a commercial weighing or measuring device,
and who registers with the commission.
17. "Rejected for repair" means a seal
applied to a device which has been inspected and tested and does not meet
applicable design or tolerance requirements.
18. "Retail fuel device" means a commercial,
indicating fuel or fuel additive device used to deliver fuel or fuel additive
used in internal-combustion engines.
19. "Seal" means marking a weighing or
measuring device to show certification or rejection.
20. "Security seal" means either a crimpable
lead and wire seal, a plastic and wire pressure-sensitive seal, or a
pressure-sensitive adhesive sealing sticker, permanently attached to a weighing
or measuring device to prevent or indicate unauthorized access to the
tolerance-adjusting mechanisms of that device.
21. "Single draft weighing" means
simultaneously weighing each end of a vehicle or individual elements of coupled
combination vehicles.
22.
"Split-weighing" means determining the weight of a vehicle, combination
vehicle, or a commodity by adding together the results obtained by separately
and not simultaneously weighing each end of such vehicle or individual elements
of such coupled combinations.
23.
"Standard" means test equipment used for certifying weighing or measuring
devices.
24. "Variance permit"
means a temporary or permanent suspension of a particular rule granted to an
owner or operator of a commercial weighing or measuring device basis.
25. "Weights and measures inspector" means a
commission employee engaged in enforcing provisions of
69-10 and North Dakota Century Code
title 64.
Notes
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03
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