.02 Approval and Certificate Requirements.

A. Except as otherwise provided in §§C and D of this regulation, a person may not offer for sale, sell, or use a commercial weighing and measuring device in this State unless it has been approved by the Secretary.

B. The Secretary shall approve a weighing and measuring device for sale or use in this State if it:

(1) Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and

(2) Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.

C. The limitation that a weighing or measuring device be approved by the Secretary before a person may offer it for sale, sell, or use it in this State does not apply to the following devices:

(1) A commercial weighing and measuring device manufactured before October 1, 1992;

(2) A counting scale;

(3) A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and

(4) A noncommercial weighing or measuring device such as an estimator.

D. If a weighing or measuring device does not have either of the requisite certificates but is accurate, the Secretary may permit the device's use for a specified period of time, provided, however, the device is:

(1) Submitted for evaluation under the State or National Type Evaluation Program; or

(2) Replaced with an approved device within the specified period of time.