Section 581.230 - Weighing and measuring devices: Certificate of conformance required before using certain types of devices and accessories for commercial or governmental purpose; exceptions1. Except as otherwise provided in subsection 2, before use for a commercial or governmental purpose, a type of: (a) Weighing or measuring device kept or used in: (1) Proving the size, quantity, extent, area, count or measurement of quantities, things, produce or articles for distribution or consumption, which are purchased, offered or submitted for sale, hire or award;(2) Computing a basic charge or payment for services rendered on the basis of weight and measure; or(3) Determining weight or measure when a charge is made for the determination;(b) Accessory attached to or used in connection with a commercial weighing or measuring device which is designed so that its operation affects the metrological accuracy of the device; and(c) Weighing and measuring device in official use for law enforcement or the collection of statistical information by a governmental agency, must be traceable to an active certificate of conformance. If the device consists of separate and compatible main elements, each main element must be traceable to an active certificate of conformance.2. The State Sealer of Measurement Standards will authorize the use of a type which is not traceable to an active certificate of conformance if the type: (a) Was in use before January 2, 1995, and subsequently passes the applicable tests for tolerance;(b) Does not have evaluation procedures published in the National Conference on Weights and Measures, Publication 14; or(c) Is a one-of-a-kind device without a National Type Evaluation pending inspection and performance testing to satisfy that the device complies with the National Institute of Standards and Technology Handbook 44 and is capable of performing within such requirements for a reasonable period of time under normal conditions of use. Indicators and load cells in all one-of-a-kind device scale installations must have an active certificate of conformance as evidence that the system meets the applicable influence factor requirements as specified in the National Institute of Standards and Technology Handbook 44.3. As used in this section:(a) "Certificate of conformance" means a document issued based upon testing by a participating laboratory which the certificate holder maintains in active status under the National Type Evaluation Program of the National Conference on Weights and Measures, which constitutes evidence that a weight, measure or weighing or measuring device meets the standards set forth in the National Institute of Standards and Technology Handbook 44 and the test procedures contained in the National Conference on Weights and Measures Publication 14.(b) "One-of-a-kind device" means a device designed to meet unique demands for a specific installation and of a specific design which is not commercially available.(c) "Participating laboratory" means any laboratory that has been authorized to conduct a type evaluation under the National Type Evaluation Program of the National Conference on Weights and Measures.(d) "Type" means a model of a particular system of measurement, instrument or element that positively identifies the design. A specific type may vary in its measurement ranges, size, performance and operating characteristics as specified in the certificate of conformance.Nev. Admin. Code § 581.230
Added to NAC by St. Sealer of Weights & Measures, eff. 11-2-94; A by R146-98, 12-14-98; R161-03, 1-27-2004; A by R026-21A, eff. 12/29/2022; A by R070-22A, eff. 4/19/2024