[Rev. 11/22/2013 9:44:59 AM--2013]

[NAC-581 Revised Date: 4-12]

CHAPTER 581 - WEIGHTS AND MEASURES

GENERAL PROVISIONS

581.005            Definitions.

ADMINISTRATION

581.009            Adoption by reference of National Institute of Standards and Technology 105-Series Handbooks and Training Materials.

581.011            Adoption by reference of National Institute of Standards and Technology Handbook 44; effect of violation.

581.030            Adoption by reference of certain portions of National Institute of Standards and Technology Handbook 130: Uniform Laws and Regulations; effect of violation.

581.050            Adoption by reference of National Institute of Standards and Technology Handbook 133; effect of violation.

581.210            Weighing and measuring devices: Tests and services for which fees will be charged; fees for tests; failure to pay fee.

581.220            Weighing and measuring devices: Additional fees for special tests; failure to pay fee.

581.230            Weighing and measuring devices: Certificate of conformance required before using certain types of devices and accessories for commercial or governmental purpose; exceptions.

581.260            Violations: Notice of warning; civil penalties.

COMMERCIAL USE OF WEIGHING OR MEASURING DEVICE

581.275            License required.

581.280            Issuance of license: Prerequisites; inspection of devices; failure of inspection; period of validity of license.

581.285            Renewal of license: Notice; payment of fee; inspection of device; failure of inspection.

581.290            Display of license.

581.295            Licensing fees: Amount; late payment.

INSTALLATION, REPAIR AND ADJUSTMENT OF WEIGHING AND MEASURING DEVICES

581.300            Definitions.

581.310            “Service agency” defined.

581.320            “Serviceperson” defined.

581.330            Requirements for certificate of registration.

581.340            Fees for issuance or renewal of certificate of registration; late fee.

581.350            Schedule for certification of standards.

581.360            Repair or adjustment of device: Removal of tag; attachment of security seal; use of device.

581.370            Duties of repairer.

581.390            Certificate of registration not deemed certification of quality or accuracy of services.

581.400            Suspension or revocation of certificate of registration.

 

GENERAL PROVISIONS

      NAC 581.005  Definitions. (NRS 581.050, 581.067)  As used in this chapter, unless the context otherwise requires:

     1.  “Department” means the State Department of Agriculture.

     2.  “Division” means the Division of Measurement Standards of the Department.

     (Supplied in codification; A by St. Sealer of Weights & Measures by R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

ADMINISTRATION

      NAC 581.009  Adoption by reference of National Institute of Standards and Technology 105-Series Handbooks and Training Materials. (NRS 581.050, 581.067)

     1.  The State Sealer of Weights and Measures hereby adopts by reference the National Institute of Standards and Technology 105-Series Handbooks and Training Materials, as those publications existed on January 1, 2003, and any subsequent revision to those publications issued by the National Institute of Standards and Technology, which has been approved by the State Sealer of Weights and Measures for use in this State. Each new revision shall be deemed approved by the State Sealer of Weights and Measures unless he or she disapproves the revision within 60 days after the date of publication by the National Institute of Standards and Technology.

     2.  The State Sealer of Weights and Measures will review each revision issued after January 1, 2003, to ensure its suitability for this State and file a copy of each revision he or she approves with the Secretary of State and the State Library and Archives Administrator. The most recent revision that has been approved by the State Sealer of Weights and Measures will be available for inspection at the office of the Bureau of Weights and Measures, Division of Measurement Standards, 2150 Frazer Avenue, Sparks, Nevada 89431, or may be obtained free of charge from the Weights and Measures Division, NIST, 100 Bureau Drive, STOP 2600, Gaithersburg, Maryland 20899-2600, or at http://ts.nist.gov.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

      NAC 581.011  Adoption by reference of National Institute of Standards and Technology Handbook 44; effect of violation. (NRS 581.050, 581.067)

     1.  The State Sealer of Weights and Measures hereby adopts by reference the National Institute of Standards and Technology Handbook 44, 2003 edition, and any subsequent edition issued by the National Institute of Standards and Technology, which has been approved by the State Sealer of Weights and Measures for use in this State. Each new edition shall be deemed approved by the State Sealer of Weights and Measures unless he or she disapproves the edition within 60 days after the date of publication by the National Institute of Standards and Technology.

     2.  The State Sealer of Weights and Measures will review each edition issued after the 2003 edition to ensure its suitability for use in this State and file a copy of each edition he or she approves with the Secretary of State and the State Library and Archives Administrator. The most recent edition that has been approved by the State Sealer of Weights and Measures will be available for inspection at the office of the Bureau of Weights and Measures, Division of Measurement Standards, 2150 Frazer Avenue, Sparks, Nevada 89431, or may be purchased by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800, for the price of $40.

 

 

     3.  A violation of a provision of the handbook adopted by reference in subsection 1 shall be deemed a violation of this chapter.

     (Added to NAC by Dep’t of Agriculture, eff. 7-30-82; A 10-17-86; A by St. Sealer of Weights & Measures, 10-23-91; 11-2-94; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

      NAC 581.030  Adoption by reference of certain portions of National Institute of Standards and Technology Handbook 130: Uniform Laws and Regulations; effect of violation. (NRS 581.050, 581.067)

     1.  The State Sealer of Weights and Measures hereby adopts by reference:

     (a) The “Examination Procedure for Price Verification”;

     (b) The “Uniform Packaging and Labeling Regulation”;

     (c) The “Uniform Regulation for the Method of Sale of Commodities”;

     (d) The “Uniform Unit Pricing Regulation”;

     (e) Sections 2 to 11, inclusive, of the “Uniform Regulation of Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices”;

     (f) The “Uniform Open Dating Regulation”; and

     (g) The “Uniform Regulation for National Type Evaluation,”

Ê as set forth in the National Institute of Standards and Technology Handbook 130: Uniform Laws and Regulations, 2003 edition, and any subsequent revision of that portion of the publication that has been approved by the State Sealer of Weights and Measures for use in this State. Each revision of that portion of the publication shall be deemed approved by the State Sealer of Weights and Measures unless he or she disapproves of the revision within 60 days after the date of publication of the revision by the National Institute of Standards and Technology.

     2.  The State Sealer of Weights and Measures will review each revision to ensure its suitability for this State and file a copy of each revision he or she approves with the Secretary of State and the State Library and Archives Administrator. The most recent revision that has been approved by the State Sealer of Weights and Measures will be available for inspection at the office of the Bureau of Weights and Measures, Division of Measurement Standards, 2150 Frazer Avenue, Sparks, Nevada 89431, or may be purchased by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800, for the price of $31.50.

     3.  A violation of any provision of that portion of the publication adopted by reference in subsection 1 shall be deemed a violation of this chapter.

     (Added to NAC by St. Sealer of Weights & Measures by R084-00, 6-22-2000, eff. 7-1-2000; A by R161-03, 1-27-2004)

      NAC 581.050  Adoption by reference of National Institute of Standards and Technology Handbook 133; effect of violation. (NRS 581.050, 581.067)

     1.  The National Institute of Standards and Technology Handbook 133 is hereby adopted by reference as the official procedure for the methods of checking the net contents of packaged commodities for compliance with respect to net weight, count or measure. The publication, including supplements, is available for inspection at the office of the Bureau of Weights and Measures, Division of Measurement Standards, 2150 Frazer Avenue, Sparks, Nevada 89431, or may be purchased by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by telephone at (866) 512-1800, for the price of $15.

     2.  A violation of a provision of the handbook adopted by reference in subsection 1 shall be deemed a violation of this chapter.

     [Dep’t of Agriculture, No. 81.02, eff. 2-5-60]—(NAC A by St. Sealer of Weights & Measures, 11-2-94; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

 

      NAC 581.210  Weighing and measuring devices: Tests and services for which fees will be charged; fees for tests; failure to pay fee. (NRS 581.050, 581.067, 581.075)

     1.  The tests and services for which fees will be charged pursuant to this section include, without limitation:

     (a) A retest of a device which was marked “out of order” during a test.

     (b) A trip to test a device which was not available or ready for testing at the time scheduled for a test.

     (c) A test requested for a device if a special trip is required to perform the test. If, upon the arrival of the inspector, the test scheduled for the device cannot be performed for any reason which is not the fault of the Division or the inspector, any fee which would have been charged for that test remains due.

     (d) A test requested for a noncommercial device.

     (e) A calibration according to industrial standards of weights and measures.

     (f) An adjustment of a commercial device immediately following a determination of noncompliance during an annual test.

     2.  The fees for tests of devices are:

 

     (a) For scale devices:

 

               500 pounds and under............................................................................

                        $25

               Over 500 pounds through 2,000 pounds................................................

                          50

               Over 2,000 pounds through 5,000 pounds.............................................

                        100

               Over 5,000 pounds.................................................................................

                        160

               Hopper, 5,000 pounds and under...........................................................

                        300

               Hopper, over 5,000 pounds....................................................................

                        350

               Livestock or vehicle scale, 40,000 pounds and under............................

                        130

               Livestock or vehicle scale, over 40,000 pounds.....................................

                        200

     (b) For linear devices.......................................................................................

                          25

     (c) For meter devices:

 

               Dispenser, hose, meter or octane grade tested with a 5-gallon prover...

                          25

               Dispenser tested with a prover larger than 5 gallons..............................

                          95

               Truck- or rack-mounted meter, rated to a maximum capacity of up to 120 gallons per minute.......................................................................

                          95

               Truck- or rack-mounted meter, rated to a maximum capacity of over 120 gallons per minute.......................................................................

                        160

               Nontemperature-compensated meter used to measure liquid petroleum gas......................................................................................................

                        100

               Temperature-compensated meter used to measure liquid petroleum gas...........................................................................................................

                        200

     (d) For standards of mass, volume or length, per hour:

 

               For certification of standards for use in testing a commercial device for a service agency or serviceperson................................................

                          40

               For certification of standards for use in testing a noncommercial device................................................................................................

                          80

     3.  Failure to pay a fee required pursuant to this section within 30 days after receipt of the bill for the fee is a violation of this section.

     [Dep’t of Agriculture, § 3, eff. 8-6-80]—(NAC A 10-15-81; 11-3-83; A by St. Sealer of Weights & Measures, 11-1-89; 4-18-90; 10-23-91; 11-18-93; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

      NAC 581.220  Weighing and measuring devices: Additional fees for special tests; failure to pay fee. (NRS 581.050, 581.067, 581.075)

     1.  In addition to the fees prescribed in NAC 581.210, the following fees will be charged for a special test except as otherwise provided in this section:

 

 

     (a) For each hour for testing a device above the time normally required to perform that test...........................................................................................

                  $40

     (b) For each hour for witnessing the test of a device that is not conducted by the Division..................................................................................................

                    40

     (c) For mileage, per mile for:

 

               Pickup truck.................................................................................................

                      1

               Livestock test truck......................................................................................

                      2

               Petroleum prover truck.................................................................................

                      2

               Motor truck and hopper test truck...............................................................

                      3

     (d) For each hour of required travel of the inspector, in addition to the fees specified in paragraph (c).............................................................................

                    40

     (e) For the per diem of the inspector, the amounts allowed by law for state employees, under conditions set by the Division.

     2.  The fees for mileage, travel and per diem will be prorated among persons requiring tests of devices in the same area if all the devices can be tested during the same trip.

     3.  Only the fee prescribed by NAC 581.210 for a test of a device will be charged if:

     (a) The test can be made during a scheduled trip for inspections in the vicinity; or

     (b) The site of the test is within a minimal distance from the base of the inspector or within the same metropolitan area.

     4.  The amount of charges for:

     (a) The testing of devices or standards not listed on the schedule of fees;

     (b) Testing of standards from out of State; or

     (c) Testing which requires special arrangements or conditions,

Ê will be determined by agreement between the State Sealer of Weights and Measures and the owner or operator of the device or standard to be tested.

     5.  Failure to pay a fee required pursuant to this section within 30 days after receipt of the bill for the fee is a violation of this section.

     [Dep’t of Agriculture, § 4, eff. 8-6-80]—(NAC A 10-15-81; 11-3-83; A by St. Sealer of Weights & Measures, 11-1-89; 4-18-90; 10-23-91; 11-18-93; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)

      NAC 581.230  Weighing and measuring devices: Certificate of conformance required before using certain types of devices and accessories for commercial or governmental purpose; exceptions. (NRS 581.050, 581.065, 581.067)

     1.  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 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 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,

Ê must have been issued a certificate of conformance.

     2.  The State Sealer of Weights and Measures will authorize the use of a type which has not been issued a certificate of conformance if the type:

     (a) Was in use before January 2, 1995; and

     (b) Subsequently passes the applicable tests for tolerance.

 

 

     3.  As used in this section:

     (a) “Certificate of conformance” means a document issued by the National Institute of Standards and Technology of the Technology Administration of the United States Department of Commerce, which guarantees that a weight, measure or weighing or measuring device meets the standards set forth in the National Institute of Standards and Technology Handbook 44.

     (b) “Type” means a model of a particular system of measurement, instrument or element or a field standard which positively identifies the design.

     (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)

      NAC 581.260  Violations: Notice of warning; civil penalties. (NRS 581.050, 581.067)  Violations of the provisions of this chapter or chapter 581 of NRS are subject to the following:

     1.  Except as otherwise provided in subsection 2, for a first violation, the Division will impose a civil penalty of not less than $25 and not more than $100.

     2.  If the Division determines that a first violation was unintentional, the Division will issue a notice of warning to the person who committed the violation, without imposing a civil penalty. The notice of warning must be in writing and set forth:

     (a) The statute or regulation that was violated;

     (b) The action necessary to remedy the violation; and

     (c) The time by which the person must remedy the violation to avoid the imposition of a civil penalty. Failure to remedy the violation by the time set forth in the notice constitutes a second violation.

     3.  For a second violation, the Division will impose a civil penalty of not less than $50 and not more than of $500.

     4.  For a third or subsequent violation, the Division will impose a civil penalty of not less than $100 and not more than $1,000.

     (Added to NAC by St. Sealer of Weights & Measures by R146-98, eff. 12-14-98; A by R161-03, 1-27-2004)

COMMERCIAL USE OF WEIGHING OR MEASURING DEVICE

      NAC 581.275  License required. (NRS 581.050, 581.065, 581.067)  A person shall not use any weighing or measuring device as commercial weighing and measuring equipment unless the Division has issued a license for that device pursuant to NAC 581.280 and 581.285.

     (Added to NAC by St. Sealer of Weights & Measures by R161-03, eff. 1-27-2004)

      NAC 581.280  Issuance of license: Prerequisites; inspection of devices; failure of inspection; period of validity of license. (NRS 581.050, 581.057, 581.065, 581.067)

     1.  To obtain a license to use a weighing or measuring device as commercial weighing and measuring equipment, an applicant must provide to the Division information concerning the device, including:

     (a) The date on which the device was purchased or installed;

     (b) The manufacturer and model or type of the device;

     (c) The address where the device is located; and

     (d) The name of the person who installed the device.

     2.  Except as otherwise provided in this section, upon receiving the information pursuant to subsection 1 about a weighing or measuring device, the Division will, as soon as practicable, inspect the device. If the Division determines that the device meets all the applicable standards and the applicant has paid the applicable fees, the Division will issue a license for the device to be used as commercial weighing and measuring equipment.

 

     3.  The Division may waive the initial inspection of a weighing or measuring device required pursuant to subsection 2 if the Division determines that the device was adjusted after installation by a person who is registered with the Division pursuant to NRS 581.103 to adjust such a device. If the Division waives the initial test, the Division will:

     (a) Immediately issue a license for the weighing or measuring device to be used as commercial weighing and measuring equipment; and

     (b) As soon as practicable thereafter, inspect the device to ensure that it meets all the applicable standards.

     4.  If a weighing or measuring device fails an inspection conducted pursuant to subsection 3, the Division will immediately suspend the license issued for the device. If, during the period for which the license was issued, the device:

     (a) Passes an inspection conducted by the Division, the Division will reinstate the license.

     (b) Fails to pass an inspection conducted by the Division, the Division may revoke the license.

     5.  A license issued for a weighing or measuring device to be used as commercial weighing and measuring equipment is valid from October 1 or the date on which it is issued, whichever is later, until the next following September 30.

     6.  If a weighing or measuring device used as commercial weighing and measuring equipment was approved by the Department for use on or after July 1, 2003, but before January 27, 2004, a license shall be deemed to have been issued for the device by the Division pursuant to this section, effective on the date on which the device was approved for commercial use.

     (Added to NAC by St. Sealer of Weights & Measures by R161-03, eff. 1-27-2004)

      NAC 581.285  Renewal of license: Notice; payment of fee; inspection of device; failure of inspection. (NRS 581.050, 581.057, 581.065, 581.067)

     1.  On or before August 1 of each year, the Division will send a notice of renewal for each license then in force that has been issued by the Division for a weighing or measuring device to be used as commercial weighing and measuring equipment. If a license that is suspended as of the date the Division sends the notices of renewal is subsequently reinstated, the Division will, at the time of the reinstatement of the license, provide a notice of renewal to the holder of the license.

     2.  The notice of renewal must include the amount of the renewal fee which must be paid on or before September 30 of that year. If the renewal fee is paid timely, the Division will:

     (a) Renew the license for the weighing or measuring device to be used as commercial weighing and measuring equipment; and

     (b) As soon as practicable thereafter, inspect the device to ensure that the device continues to meet all the applicable standards.

     3.  If, at the inspection conducted pursuant to subsection 2, a weighing and measuring device fails to meet the applicable standards, the Division will immediately suspend the license issued for the device to be used as commercial weighing and measuring equipment. If, during the period for which the renewal was issued, the device:

     (a) Passes an inspection conducted by the Division, the Division will reinstate the license.

     (b) Fails to pass an inspection conducted by the Division, the Division may revoke the license.

     (Added to NAC by St. Sealer of Weights & Measures by R161-03, eff. 1-27-2004)

      NAC 581.290  Display of license. (NRS 581.050, 581.065, 581.067)  The license issued for a weighing or measuring device used as commercial weighing and measuring equipment pursuant to NAC 581.280 and 581.285 must be publicly displayed at the business location where the device is located.

     (Added to NAC by St. Sealer of Weights & Measures by R161-03, eff. 1-27-2004)

      NAC 581.295  Licensing fees: Amount; late payment. (NRS 581.050, 581.065, 581.067, 581.075)

     1.  The fee for the annual licensing of a device is:

 

     (a) For scale devices:

 

               500 pounds and under......................................................................................

             $11

               Over 500 pounds through 2,000 pounds..........................................................

               30

               Over 2,000 pounds through 5,000 pounds.......................................................

               80

               Over 5,000 pounds...........................................................................................

             140

               Hopper, 5,000 pounds and under.....................................................................

             200

               Hopper, over 5,000 pounds..............................................................................

             250

               Livestock or vehicle scale, 40,000 pounds and under......................................

             100

               Livestock or vehicle scale, over 40,000 pounds...............................................

             150

     (b) For linear devices.................................................................................................

             $15

     (c) For meter devices:

 

               Dispenser, hose, meter or octane grade tested with a 5-gallon prover.............

               10

               Dispenser tested with a prover larger than 5 gallons........................................

               75

               Truck- or rack-mounted meter, rated to a maximum capacity of not more than 120 gallons per minute.........................................................................

               75

               Truck- or rack-mounted meter, rated to a maximum capacity of more than 120 gallons per minute.................................................................................

             140

               Nontemperature-compensated meter used to measure liquid petroleum gas....

               75

               Temperature-compensated meter used to measure liquid petroleum gas..........

             150

     2.  Failure to pay a fee required pursuant to this section within 30 days after receipt of the bill for the fee is a violation of this section, and the Division will, in addition to any civil penalty that may be imposed pursuant to NAC 581.260, impose a late fee equal to 50 percent of the amount of the fee that is paid late.

     [Dep’t of Agriculture, § 2, eff. 8-6-80]—(NAC A 10-15-81; 11-3-83; A by St. Sealer of Weights & Measures, 11-1-89; 4-18-90; 10-23-91; 11-18-93; 2-20-96; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004)—(Substituted in revision for NAC 581.200)

INSTALLATION, REPAIR AND ADJUSTMENT OF WEIGHING AND MEASURING DEVICES

      NAC 581.300  Definitions. (NRS 581.050, 581.067)  As used in NAC 581.300 to 581.400, inclusive, unless the context otherwise requires, the words and terms defined in NAC 581.310 and 581.320 have the meanings ascribed to them in those sections.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.310  “Service agency” defined. (NRS 581.050, 581.067)  “Service agency” means:

     1.  A partnership, corporation, limited-liability company or sole proprietorship that employs persons who make repairs or adjustments, for hire, to weighing or measuring devices; and

     2.  Each branch office of a partnership, corporation, limited-liability company or sole proprietorship that employs a person who makes such repairs or adjustments.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.320  “Serviceperson” defined. (NRS 581.050, 581.067)  “Serviceperson” means a person who makes any repair or adjustment, for hire, to a weighing or measuring device.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.330  Requirements for certificate of registration. (NRS 581.050, 581.067, 581.103)  An applicant for a certificate of registration as a serviceperson or a service agency must provide to the State Sealer of Weights and Measures proof that:

     1.  The applicant has read and understands the provisions of this chapter and chapter 581 of NRS;

     2.  The standards used by the applicant to repair or adjust weighing or measuring devices have been certified pursuant to NAC 581.350 as complying with the provisions set forth in the National Institute of Standards and Technology Handbook 44, which is adopted by reference pursuant to NAC 581.011, and the National Institute of Standards and Technology 105-Series Handbooks and Training Materials which are adopted by reference pursuant to NAC 581.009; and

     3.  The applicant has sufficient standards and equipment to test devices adequately as set forth in the notes section of each applicable code in the National Institute of Standards and Technology Handbook 44.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by R161-03, 1-27-2004)

      NAC 581.340  Fees for issuance or renewal of certificate of registration; late fee. (NRS 581.050, 581.067, 581.075)

     1.  The fee for the issuance or renewal of a certificate of registration as a service agency is $100.

     2.  The fee for the issuance or renewal of a certificate of registration as a serviceperson is $20.

     3.  If a service agency or serviceperson fails to renew the certificate of registration issued to the service agency or serviceperson before it expires, the service agency or serviceperson must, in addition to the fee required pursuant to subsection 1 or 2, pay a late fee equal to 50 percent of the fee otherwise required for the renewal of the certificate.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by R084-00, 6-22-2000, eff. 7-1-2000)

      NAC 581.350  Schedule for certification of standards. (NRS 581.050, 581.067)  The standards used by a service agency or serviceperson to repair or adjust a weighing or measuring device must be certified by a laboratory that has been qualified by the National Institute of Standards and Technology to certify such standards or the State Sealer of Weights and Measures according to the following schedule:

 

Standards for measuring mass.........................................................

Every 2 years

Standards for measuring volume.....................................................

Annually

Standards for proving volume.........................................................

Every 5 years

Any other standards........................................................................

As prescribed by the State

Sealer of Weights and

Measures

 

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.360  Repair or adjustment of device: Removal of tag; attachment of security seal; use of device. (NRS 581.050, 581.067)

     1.  After a serviceperson repairs or adjusts a weighing or measuring device that has been tagged by the State Sealer of Weights and Measures as being in need of repairs, the serviceperson shall remove the tag if the repair or adjustment made by the serviceperson causes the device to comply with the provisions of the National Institute of Standards and Technology Handbook 44, which is adopted by reference pursuant to NAC 581.011.

 

     2.  If a serviceperson removes a tag pursuant to subsection 1, he or she shall attach to the weighing or measuring device a security seal that prevents tampering with the calibration components. The seal must include a unique series of numbers or letters that has been approved by the State Sealer of Weights and Measures for identifying the serviceperson who repaired or adjusted the device.

     3.  The owner of a weighing or measuring device that has been repaired or adjusted pursuant to this section may use the device from the time the repair or adjustment is made until the State Sealer of Weights and Measures conducts the required inspection. The owner may continue to use the device after the inspection is conducted if the State Sealer of Weights and Measures determines that the device complies with the provisions set forth in the National Institute of Standards and Technology Handbook 44.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by R161-03, 1-27-2004)

      NAC 581.370  Duties of repairer. (NRS 581.050, 581.067)  A person who installs or makes a repair or adjustment to a weighing or measuring device shall:

     1.  Within 24 hours after installing the device or making the repair or adjustment to the device, notify the State Sealer of Weights and Measures by oral communication that the device has been installed or that the repair or adjustment has been made; and

     2.  Within 5 days after installing the device or making the repair or adjustment to the device, submit to the State Sealer of Weights and Measures a written notification of the installation, repair or adjustment on a form prescribed by the State Sealer of Weights and Measures.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.390  Certificate of registration not deemed certification of quality or accuracy of services. (NRS 581.050, 581.067)  The issuance of a certificate of registration to a service agency or serviceperson shall not be deemed to be a certification by the State Sealer of Weights and Measures of the quality or accuracy of the services provided by the service agency or serviceperson.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)

      NAC 581.400  Suspension or revocation of certificate of registration. (NRS 581.050, 581.067)  If, after providing notice and an opportunity for a hearing pursuant to the provisions of chapter 233B of NRS, the State Sealer of Weights and Measures determines that a service agency or serviceperson has violated the provisions of this chapter, the State Sealer of Weights and Measures may suspend or revoke the certificate of registration issued to that service agency or serviceperson.

     (Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98)