Regulation .02 Approval and Certificate Requirements.
Regulation .02 Approval and Certificate Requirements.LinkCopy Citation
A.
Except as otherwise provided in §§C and D of this regulation, a person may not offer for sale, sell, or use a commercial weighing and measuring device in this State unless it has been approved by the Secretary.
B.
The Secretary shall approve a weighing and measuring device for sale or use in this State if it:
(1)
Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and
(2)
Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.
C.
The limitation that a weighing or measuring device be approved by the Secretary before a person may offer it for sale, sell, or use it in this State does not apply to the following devices:
(1)
A commercial weighing and measuring device manufactured before October 1, 1992;
(2)
A counting scale;
(3)
A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and
(4)
A noncommercial weighing or measuring device such as an estimator.
D.
If a weighing or measuring device does not have either of the requisite certificates but is accurate, the Secretary may permit the device's use for a specified period of time, provided, however, the device is:
(1)
Submitted for evaluation under the State or National Type Evaluation Program; or
(2)
Replaced with an approved device within the specified period of time.