<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 15.03.09.02" title_num="15" subtitle_num="03" chapter_num="09" heading="Approval and Certificate Requirements.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Secretary shall approve a weighing and measuring device for sale or use in this State if it:</text>
    <paragraph num="(1)">
      <text>Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>A commercial weighing and measuring device manufactured before October 1, 1992;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A counting scale;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A noncommercial weighing or measuring device such as an estimator.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Submitted for evaluation under the State or National Type Evaluation Program; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Replaced with an approved device within the specified period of time.</text>
    </paragraph>
  </paragraph>
</regulation>