15.03.09.03

.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.