NAC: CHAPTER 581 - WEIGHTS AND MEASURES

[Rev. 6/7/2026 11:03:32 AM]

CHAPTER 581 - WEIGHTS AND MEASURES

[NAC-581 Revised Date: 4-26]

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.

581.060 Adoption by reference of certain portions of National Conference on Weights and Measures Publication 14.

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; fee not refundable; late payment.

581.296 Movement of device: Notice; inspection; waiver of inspection.

581.2965 Transferring ownership or operation of device: Notice; reissuance of license or new license required.

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; waiver of inspection.

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. “Class II, Echelon II weight kit” means a weight kit used by the Division in accordance with the specifications for such a weight kit set forth in the National Institute of Standards and Technology Handbook 44, adopted by reference in NAC 581.011, and any other applicable handbook of the National Institute of Standards and Technology, including, without limitation, the National Institute of Standards and Technology 105-Series Handbooks and Training Materials, adopted by reference in NAC 581.009.

2. “Class F, Echelon III weight kit” means a weight kit used by the Division in accordance with the specifications for such a weight kit set forth in the National Institute of Standards and Technology 105-Series Handbooks and Training Materials, adopted by reference in NAC 581.009, and any other applicable handbook of the National Institute of Standards and Technology, including, without limitation, the National Institute of Standards and Technology Handbook 44, adopted by reference in NAC 581.011.

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

4. “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; A by St. Sealer of Consumer Equitability by R172-18, 12-19-2018)

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 Measurement Standards 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 Measurement Standards for use in this State. Each new revision shall be deemed approved by the State Sealer of Measurement Standards 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 Measurement Standards 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, Archives and Public Records Administrator. The most recent revision that has been approved by the State Sealer of Measurement Standards:

(a) Will be available for inspection at the main office of the Department, 405 South 21st Street, Sparks, Nevada 89431, or at one of the district offices located at 2300 E. St. Louis Avenue, Las Vegas, Nevada 89104 or 4780 East Idaho Street, Elko, Nevada 89801-4762;

(b) May be obtained free of charge from the National Institute of Standards and Technology Office of Weights and Measures, 100 Bureau Drive, Gaithersburg, Maryland 20899; or

(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; A by St. Sealer of Consumer Equitability by R079-20, 3-2-2021; A by St. Sealer of Measurement Stds. by R070-22, 4-19-2024)

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 Measurement Standards 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 Measurement Standards for use in this State. Each new edition shall be deemed approved by the State Sealer of Measurement Standards 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 Measurement Standards 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, Archives and Public Records Administrator. The most recent edition that has been approved by the State Sealer of Measurement Standards:

(a) Will be available for inspection at the office of the Division of Measurement Standards, 405 South 21st Street, Sparks, Nevada 89431;

(b) May be accessed free of charge at https://www.nist.gov/pml/weights-and-measures/publications; or

(c) May be purchased by mail from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, Nebraska 68508, or by telephone at (402) 434-4880, for the price of $46.

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; A by St. Sealer of Consumer Equitability by R079-20, 3-2-2021)

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 Measurement Standards hereby adopts by reference:

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

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

(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”; and

(f) 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 Measurement Standards for use in this State. Each revision of that portion of the publication shall be deemed approved by the State Sealer of Measurement Standards 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 Measurement Standards 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, Archives and Public Records Administrator. The most recent revision that has been approved by the State Sealer of Measurement Standards:

(b) May be accessed free of charge at https://www.nist.gov/pml/weights-and-measures/publications; or

(c) May be purchased by mail from the National Conference on Weights and Measures, 9011 South 83rd Street, Lincoln, Nebraska 68516, or by telephone at (402) 434-4880, for the price of $40.

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; A by St. Sealer of Consumer Equitability by R079-20, 3-2-2021; A by St. Sealer of Measurement Stds. by R070-22, 4-19-2024)

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:

(a) Is available for inspection at the office of the Division of Measurement Standards, 405 South 21st Street, Sparks, Nevada 89431;

(b) May be accessed free of charge at https://www.nist.gov/pml/weights-and-measures/publications; or

(c) May be purchased by mail from the National Conference on Weights and Measures, 1135 M Street, Suite 110, Lincoln, Nebraska 68508, or by telephone at (402) 434-4880, for the price of $27.

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; A by St. Sealer of Consumer Equitability by R079-20, 3-2-2021)

NAC 581.060 Adoption by reference of certain portions of National Conference on Weights and Measures Publication 14. (NRS 581.050, 581.067)

1. The State Sealer of Measurement Standards hereby adopts by reference:

(a) The “Administrative Policy”;

(b) The “Grain Moisture Meters and Near-Infrared Grain Analyzers”;

(d) The “Weighing Devices,”

Ê as set forth in the National Conference on Weights and Measures Publication 14, 2024 edition, and any subsequent revision of that portion of the publication that has been approved by the State Sealer of Measurement Standards for use in this State. Each revision of that portion of the publication shall be deemed approved by the State Sealer of Measurement Standards unless he or she disapproves of the revision within 60 days after the date of publication of the revision by the National Conference on Weights and Measures.

(b) May be purchased by mail from the National Conference on Weights and Measures, 9011 South 83rd Street, Lincoln, Nebraska 68516, by telephone at (402) 434-4880 or at https://www.ncwm.com/publications, for the price of $270.

(Added to NAC by St. Sealer of Measurement Stds. by R070-22, eff. 4-19-2024)

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

(a) A reinspection or retest of:

(1) A device found to not be in compliance during an inspection or test conducted pursuant to subsection 2, 7, 10, 11, 12, 13 or 23 of NRS 581.067 and for which a notice or order stating “repair,” “stop-use,” “hold,” “out of order” or some other such notice or order was issued by the State Sealer of Measurement Standards;

(2) A packaged commodity found to not be in compliance during an inspection or test conducted pursuant to subsection 15 of NRS 581.067 and for which an order stating “hold” or “stop-use” or some other such order was issued by the State Sealer of Measurement Standards;

(3) A commodity for which the method of sale was found to not be in compliance during an inspection or test conducted pursuant to subsection 16 of NRS 581.067 and for which an order stating “hold” or some other such order was issued by the State Sealer of Measurement Standards;

(4) A commodity for which the advertised price was found to not be in compliance during an inspection or test conducted pursuant to subsection 19 of NRS 581.067 and for which an order stating “hold” or some other such order was issued by the State Sealer of Measurement Standards; or

(5) A point-of-sale system or cash register found to not be in compliance during a test conducted pursuant to subsection 20 of NRS 581.067.

Ê If, upon the arrival of the inspector during normal business hours, a reinspection or retest described in subparagraphs (1) to (5), inclusive, 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 the reinspection or retest remains due.

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

(1) Of a routine inspection or test conducted on any commercial premises during normal business hours pursuant to subsection 11 of NRS 581.067; or

(2) Scheduled for a special trip to inspect or test a device.

(c) An inspection or test requested for a device if a special trip is required to perform the inspection or test. If, upon the arrival of the inspector, the inspection or 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 inspection or 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 commercial weighing and measuring equipment or cannabis weighing and measuring equipment immediately following a determination of noncompliance during a test conducted by the Division.

2. The fees for inspections and tests of devices conducted by the Division pursuant to this section are:

(a) For scale devices:
500 pounds and under tested with a Class F, Echelon III weight kit.....	$32
500 pounds and under tested with a Class II, Echelon II weight kit......	60
Over 500 pounds through 2,000 pounds................................................	90
Over 2,000 pounds through 5,000 pounds.............................................	240
Over 5,000 pounds through 30,000 pounds...........................................	420
Over 30,000 pounds...............................................................................	450
Hopper, 5,000 pounds and under...........................................................	600
Hopper, over 5,000 pounds....................................................................	750
(b) For linear devices......................................................................................	42
(c) For meter devices:
Dispenser, hose, meter or octane grade tested with a 5-gallon prover...	30
Dispenser tested with a prover larger than 5 gallons.............................	222
Truck- or rack-mounted meter, rated to a maximum capacity of up to 120 gallons per minute......................................................................	222
Truck- or rack-mounted meter, rated to a maximum capacity of over 120 gallons per minute......................................................................	420
Nontemperature-compensated meter used to measure liquid petroleum gas......................................................................................................	222
Temperature-compensated meter used to measure liquid petroleum gas...........................................................................................................	450
(d) For standards of mass, volume or length, per hour:
For certification of standards for use in testing commercial weighing and measuring equipment or cannabis weighing and measuring equipment for a service agency or serviceperson registered in accordance with the provisions of NAC 581.330..............................	95
For certification of standards for use by any person other than those registered in accordance with the provisions of NAC 581.330.........	115
(e) For point-of-sale systems and cash registers not in compliance:
For not more than five point-of-sale systems or cash registers..............	50
For six or more point-of-sale systems or cash registers.........................	125

3. The fees for reinspecting or retesting commercial weighing and measuring equipment or cannabis weighing and measuring equipment which has been repaired or adjusted following a determination of noncompliance pursuant to subsection 1 and for which no follow-up trip is required to perform the reinspection or retest are:

(a) For scale devices:
500 pounds and under tested with a Class F, Echelon III weight kit.....	$16
500 pounds and under tested with a Class II, Echelon II weight kit......	23
Over 500 pounds through 2,000 pounds................................................	45
Over 2,000 pounds through 5,000 pounds.............................................	120
Over 5,000 pounds through 30,000 pounds...........................................	210
Over 30,000 pounds...............................................................................	250
Hopper, 5,000 pounds and under...........................................................	300
Hopper, over 5,000 pounds....................................................................	375
(b) For linear devices......................................................................................	21
(c) For meter devices:
Dispenser, hose, meter or octane grade tested with a 5-gallon prover...	15
Dispenser tested with a prover larger than 5 gallons.............................	111
Truck- or rack-mounted meter, rated to a maximum capacity of up to 120 gallons per minute......................................................................	111
Truck- or rack-mounted meter, rated to a maximum capacity of over 120 gallons per minute......................................................................	210
Nontemperature-compensated meter used to measure liquid petroleum gas......................................................................................................	111
Temperature-compensated meter used to measure liquid petroleum gas...........................................................................................................	225

4. The fee for each 15-minute time period, or portion thereof, required to witness an inspection or test of a device which is not conducted by the Division or the State Sealer of Measurement Standards is $15.

5. The fee for each 15-minute time period, or portion thereof, required to conduct a reinspection or retest of labels, packaged commodities, advertised prices or commodity methods of sale is $15.

6. Failure to pay a fee required pursuant to this section by the due date indicated on the bill, which must not be less than 30 days after the bill is issued by the Division, 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 10 percent of the amount of the fee that is paid late.

7. As used in this section, “special trip” includes, without limitation, the inspection or testing of licensed commercial weighing and measuring equipment or cannabis weighing and measuring equipment at a time scheduled specifically for the convenience of the owner of such devices.

[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; A by St. Sealer of Consumer Equitability by R096-15, 12-21-2015; R172-18, 12-19-2018; R079-20, 3-2-2021; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022; R070-22, 4-19-2024)

NAC 581.220 Weighing and measuring devices: Additional fees for special tests; failure to pay fee. (NRS 581.050, 581.065, 581.067, 581.075)

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

(a) For each 15-minute period, or portion thereof, for inspecting or testing a device or commodity above the time normally required to perform that test......................................................................................................................	$15
(b) For mileage, per mile for:
Pickup truck.................................................................................................	1
Petroleum prover truck................................................................................	3
Test truck for scale devices over 2,000 pounds...........................................	4
(c) For each 15-minute period, or portion thereof, of required travel of the inspector, in addition to the fees specified in paragraph (b)........................	15

(d) 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 inspections or tests of devices or commodities in the same area if all the devices or commodities can be inspected or tested during the same trip.

3. Only the fee prescribed by NAC 581.210 for an inspection or test of a device or commodity will be charged if the inspection or test can be made during a scheduled trip for other inspections or tests in the vicinity.

4. The amount of charges for:

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

(b) Testing which requires special arrangements or conditions,

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

5. Failure to pay a fee required pursuant to this section by the due date indicated on the bill for the fee, which must be not less than 30 days after the bill is issued by the Division, 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 10 percent of the amount of the fee that is paid late.

6. As used in this section, “special trip” includes, without limitation, the inspection or testing of licensed commercial weighing and measuring equipment or cannabis weighing and measuring equipment at a time scheduled specifically for the convenience of the owner of such devices.

[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; A by St. Sealer of Consumer Equitability by R172-18, 12-19-2018; R079-20, 3-2-2021; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022; R070-22, 4-19-2024)

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, 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,

Ê 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.

(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 St. Sealer of Measurement Stds. by R026-21, 12-29-2022; R070-22, 4-19-2024)

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 or cannabis 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; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022)

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 or as cannabis 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;

(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 or as cannabis 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 or as cannabis 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 a reinspection conducted by the Division, or is otherwise approved for use by the State Sealer of Consumer Equitability, the Division will reinstate the license.

(b) Fails to pass a reinspection 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 or as cannabis weighing and measuring equipment is valid from September 1 or the date on which it is issued, whichever is later, until the next following August 31.

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; A by St. Sealer of Consumer Equitability by R172-18, 12-19-2018; R079-20, 3-2-2021; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022)

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 July 10 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 or as cannabis 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 August 31 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 or as cannabis 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 or as cannabis weighing and measuring equipment. If, during the period for which the renewal was issued, the device:

(a) Passes a reinspection conducted by the Division, or is otherwise approved for use by the State Sealer of Measurement Standards, the Division will reinstate the license.

(b) Fails to pass a reinspection conducted by the Division, the Division may revoke the license.

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 or as cannabis 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; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022)

NAC 581.295 Licensing fees: Amount; fee not refundable; 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 tested with a Class F, Echelon III weight kit................	$27
500 pounds and under tested with a Class II, Echelon II weight kit................	50
Over 500 pounds through 2,000 pounds...........................................................	75
Over 2,000 pounds through 5,000 pounds........................................................	200
Over 5,000 pounds through 30,000 pounds......................................................	350
Over 30,000 pounds..........................................................................................	375
Hopper, 5,000 pounds and under......................................................................	500
Hopper, over 5,000 pounds...............................................................................	625
(b) For linear devices.................................................................................................	35
(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........................................	185
Truck- or rack-mounted meter, rated to a maximum capacity of not more than 120 gallons per minute.................................................................................	185
Truck- or rack-mounted meter, rated to a maximum capacity of more than 120 gallons per minute........................................................................................	350
Nontemperature-compensated meter used to measure liquid petroleum gas...	185
Temperature-compensated meter used to measure liquid petroleum gas.........	375

2. Any fee required pursuant to this section is nonrefundable and will not be prorated for any period of the term of the license.

3. Failure to pay a fee required pursuant to this section by the due date indicated on the bill for the fee, which must not be less than 30 days after the bill is issued by the Division, 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 10 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; A by St. Sealer of Consumer Equitability by R172-18, 12-19-2018; R079-20, 3-2-2021, eff. 7-1-2022)—(Substituted in revision for NAC 581.200)

NAC 581.296 Movement of device: Notice; inspection; waiver of inspection. (NRS 581.050, 581.067)

1. A person to whom a license is issued to use a weighing or measuring device as commercial weighing and measuring equipment or as cannabis weighing and measuring equipment pursuant to NAC 581.280 and 581.295 may move the device to a location different than the location indicated in the information submitted pursuant to NAC 581.280.

2. A person who moves a weighing or measuring device to a different location pursuant to subsection 1 shall provide notice of the move to the Division on a form prescribed by the State Sealer of Measurement Standards not later than 10 days after the move occurs.

3. Except as otherwise provided in subsection 4, upon receiving the notice required by subsection 2, the Division will, as soon as practicable, inspect the device. If the Division determines that the device meets all the applicable standards and the owner or operator of the device has paid the fee for the annual licensing of the device pursuant to NAC 581.295, the Division will issue a license for the device to be used as commercial weighing and measuring equipment or as cannabis weighing and measuring equipment at the new location.

4. The Division may waive the inspection required by subsection 3 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 inspection and the owner or operator of the device has paid the fee for the annual licensing of the device pursuant to NAC 581.295, the Division will:

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

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

(Added to NAC by St. Sealer of Consumer Equitability by R079-20, eff. 3-2-2021; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022)

NAC 581.2965 Transferring ownership or operation of device: Notice; reissuance of license or new license required. (NRS 581.050, 581.067)

1. A person to whom a license is issued to use a weighing or measuring device as commercial weighing and measuring equipment or as cannabis weighing and measuring equipment pursuant to NAC 581.280 and 581.295 may transfer ownership or operation of the weighing or measuring device to another person.

2. A person who transfers ownership or operation of a weighing or measuring device pursuant to subsection 1 shall provide notice of the transfer to the Division on a form prescribed by the State Sealer of Measurement Standards not later than 10 days after the transfer occurs.

3. If the weighing or measuring device is to be operated at the same physical location where it was operated by the original owner, the State Sealer of Measurement Standards will, upon receiving the notice of transfer required by subsection 2, reissue the license to use the weighing or measuring device as commercial weighing or measuring equipment or as cannabis weighing and measuring equipment in the name of the new owner or operator.

4. If the weighing or measuring device is to be operated at a different physical location than where it was operated by the original owner, the new owner or operator must apply for a new license pursuant to NAC 581.280 and pay the fee for the annual licensing of the device set forth in NAC 581.295.

(Added to NAC by St. Sealer of Consumer Equitability by R079-20, eff. 3-2-2021; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022)

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 Measurement Standards 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 Measurement Standards according to the following schedule:

Standards for measuring mass.........................................................................................................	Every 2 years
Handheld or portable standards for measuring volume from 1 gallon up to 5 gallons........................................................................................	Annually
Mounted standards for proving volume from 5 gallons up to 100 gallons........................................................................................	Every 2 years
Mounted standards for proving volume from 101 gallons up to 1000 gallons........................................................................................	Every 4 years
Any other standards.........................................................................................................	As prescribed by the State Sealer of Measurement Standards

(Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by St. Sealer of Measurement Stds. by R070-22, 4-19-2024)

NAC 581.360 Repair or adjustment of device: Removal of tag; attachment of security seal; use of device; waiver of inspection. (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 Measurement Standards as being out of order or 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 Measurement Standards for identifying the serviceperson who repaired or adjusted the device.

3. Except as otherwise provided in subsection 4, 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 Measurement Standards conducts the required inspection. The owner may continue to use the device after the inspection is conducted if the State Sealer of Measurement Standards determines that the device complies with the provisions set forth in the National Institute of Standards and Technology Handbook 44.

4. The Division may waive the inspection required by subsection 3 if the owner of the weighing or measuring device that has been repaired or adjusted pursuant to this section submits in a format prescribed by the State Sealer of Measurement Standards sufficient evidence, as determined by the State Sealer of Measurement Standards or his or her designee, that the device complies with the provisions set forth in the National Institute of Standards and Technology Handbook 44.

5. If the Division waives the inspection pursuant to subsection 4, the State Sealer of Measurement Standards will approve the weighing or measuring device and may mark the device pursuant to subsection 14 of NRS 581.067.

(Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by R161-03, 1-27-2004; A by St. Sealer of Consumer Equitability by R079-20, 3-2-2021)

NAC 581.370 Duties of repairer. (NRS 581.050, 581.067) A person who installs or makes a repair or adjustment to commercial weighing or measuring equipment or cannabis weighing and measuring equipment used as commercial weighing or measuring equipment shall, within 5 days after installing the equipment or making the repair or adjustment to the equipment, submit to the State Sealer of Measurement Standards a written notification of the installation, repair or adjustment on a form prescribed by the State Sealer of Measurement Standards.

(Added to NAC by St. Sealer of Weights & Measures by R126-97, eff. 6-23-98; A by St. Sealer of Measurement Stds. by R026-21, 12-29-2022; R070-22, 4-19-2024)

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 Measurement Standards 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 Measurement Standards determines that a service agency or serviceperson has violated the provisions of this chapter, the State Sealer of Measurement Standards 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)