Chapter 08. Registration of Commercial Weighing and Measuring Devices
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Maryland Department of Agriculture.
(2)
“Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(3)
“Secretary” means the Secretary of Agriculture or the Secretary's designee.
(4)
“Weight and measure” means any instrument or device used in determining:
(a)
The weight, measurement, or count of any commodity sold or offered or exposed for sale, on the basis of weight, measure, or count;
(b)
Any charge or payment for services rendered on the basis of weight, measurement, or count;
(c)
Weight, measurement, or count when a charge is made for the determination.
Regulation .02 Registration Requirement.LinkCopy Citation
A.
A person may not use or possess for current use a weight and measure unless it is registered with the Secretary as provided by this chapter.
B.
The registration requirement of this chapter does not apply to a scale known as a “counting scale” which is designed by the manufacturer and used by the possessor or owner solely for determining the number or count of objects of the same weight placed in or on the counting scale's load-receiving element.
C.
It is the responsibility of the user or possessor of a weight and measure to properly register the weight and measure with the Secretary as provided by this chapter.
Regulation .03 Application and Renewal Procedure.LinkCopy Citation
An applicant for registration or renewal of a registration of a weight and measure shall:
A.
Submit to the Secretary an application on a form that the Secretary provides; and
B.
Pay to the Secretary the applicable nonrefundable registration fee provided in Regulation .05 of this chapter.
Regulation .04 Registration Terms and Conditions.LinkCopy Citation
A.
Unless renewed as provided by Regulation .03 of this chapter, a registration for a weight and measure expires on May 31 of each year.
B.
A registration issued by the Secretary applies only to the original weight and measure as described in the registration unless the possessor notifies the Secretary that the originally described weight and measure has been replaced by a weight and measure of the same class.
C.
If the owner or possessor sells a registered weight and measure to another person, the new owner or possessor shall register the weight and measure as required by Regulation .03 of this chapter.
D.
If the owner or possessor moves a weight and measure to a new business location, the owner or possessor shall notify the Secretary within 30 days of moving the weight and measure.
E.
The owner or possessor of a weight and measure shall display the registration conspicuously at each place of business where the weight and measure is located.
Regulation .05 Fees for Classes of Weights and Measures.LinkCopy Citation
The Department's fees for registering each class of weight and measure used for commercial purposes under this subtitle are as follows:
A.
Scale with a capacity of up to 100 pounds—$25 for each scale, plus $75 for each business location;
B.
Scale with a capacity of more than 100 pounds, up to 2,000 pounds—$100;
C.
Scale with a capacity of more than 2,000 pounds—$125;
D.
Belt conveyor scale—$350;
E.
Railroad track scale—$350;
F.
Vehicle scale—$350;
G.
Grain moisture meter—$150;
H.
Retail motor fuel dispenser meter of under 20 gallons per minute—$20 each for each meter, plus $75 per business location;
I.
Retail motor fuel dispenser meter of 20 gallons per minute or more—$65;
J.
Retail DEF dispensers—$20 per meter;
K.
Bulk petroleum fuel vehicle mounted meter of 20 gallons per minute or more—$100;
L.
Bulk petroleum fuel meter stationary—$100;
M.
Liquefied petroleum meter of 3/4 inch diameter or less—$100;
N.
Liquefied petroleum gas meter 3/4 inch—2 inch diameter—$125;
O.
Liquefied petroleum gas meters greater than 2 inch diameter—$150;
P.
Point of sale system, as defined by the National Institute of Standards and Technology (NIST) Handbook 44, connected to a weighing or measuring device (per business location)—$125;
Q.
Electrical Vehicle Service Equipment—$150 per port;
R.
Mass Flow Meters—$330 per meter; and
S.
Device registration fee 30 days or more delinquent—$125 per account.
Regulation .06 Registration Denial, Suspension, or Revocation.LinkCopy Citation
Subject to the provisions of the Administrative Procedure Act, the Secretary may deny, suspend, or revoke the registration for a weight and measure if:
A.
The owner or possessor fails to comply with the requirements of this chapter;
B.
The weight and measure does not meet the requirements of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland;
C.
An owner or possessor uses the weight and measure in violation of Agriculture Article, §§11-101—11-414, Annotated Code of Maryland, or in violation of any regulation adopted by the Secretary under the Maryland Weights and Measures Law.
Regulation .07 Criminal Penalty; Stop Use Order.LinkCopy Citation
A person who fails to comply with this chapter or who uses or possesses an unregistered weight and measure is subject to a criminal penalty, including a stop use order by the Secretary.
Chapter annotations
Authority: Agriculture Article, §§11-204.1—11-204.7, Annotated Code of Maryland
History: Effective date: October 12, 1992 (19:20 Md. R. 1818)
History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728); September 29, 2025 (52:19 Md. R. 957)