# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 03 — Weights and Measures

### Chapter 09 — Approval and Type Evaluation Requirements

#### Regulation .02 Approval and Certificate Requirements.

*COMAR 15.03.09.02*

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  (3) A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and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.