In this chapter, the following terms have the meanings indicated. Terms Defined. “Certificate of Conformance” means a document which the National Conference on Weights and Measures issues as evidence that a weighing and measuring device was evaluated under the National Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44. “Counting scale” means a scale designed and used solely to indicate the number or count of objects placed in or on the scale's load receiving element. “Maryland Certificate of Approval” means a document which the Maryland Department of Agriculture issues as evidence that a weighing and measuring device was evaluated under the State Type Evaluation Program and found to comply with the applicable technical requirements of National Institute of Standards and Technology Handbook 44. “National Type Evaluation Program” means the uniform testing program managed by the National Conference on Weights and Measures for evaluating, at participating laboratories, whether a weighing and measuring device complies with the applicable technical standards of National Institute of Standards and Technology Handbook 44. “Participating laboratory” means a measurement laboratory that has been certified by the National Conference on Weights and Measures to conduct type evaluations under the National Type Evaluation Program. “Type” means a model or models of a particular measurement system, instrument, element, or a field standard 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 or Maryland Certificate of Approval. 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. The Secretary shall approve a weighing and measuring device for sale or use in this State if it: Has a valid Certificate of Conformance or a Maryland Certificate of Approval; and Is not otherwise prohibited for sale or use as provided under Regulation .04 of this chapter. 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: A commercial weighing and measuring device manufactured before October 1, 1992; A counting scale; A weighing or measuring device that the Secretary has approved previously and whose approval has not been revoked; and A noncommercial weighing or measuring device such as an estimator. 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: Submitted for evaluation under the State or National Type Evaluation Program; or Replaced with an approved device within the specified period of time. The Secretary shall establish a State Type Evaluation Program and provide type evaluation services for weights and measures to be offered for sale, sold, or used in Maryland. If the Department's laboratory is certified as a participating laboratory, the Secretary may provide type evaluation services for weights and measures under the National Type Evaluation Program. As provided under Regulation .05, the Secretary shall charge fees for all services it performs in the type evaluation process and for the use of equipment and laboratory facilities involved in the completion of a device evaluation. When submitting a weighing and measuring device for evaluation, a person shall indicate whether it is to be tested under the State or National Program. When evaluating a weighing and measuring device under either the State or National Type Evaluation Program, the Secretary shall follow the National Type Evaluation Program's uniform type evaluation criteria and test procedures. If the Secretary finds that the device complies with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall: Notify the National Conference on Weights and Measures if the device is being evaluated under the National Program; or Issue a Maryland Certificate of Approval for the device if it is being evaluated under the State Program. If a weighing and measuring device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44, the Secretary shall notify the applicant of this finding. A Maryland Certificate of Approval is appropriate under the following circumstances: When a Certificate of Conformance cannot be issued for a device because there are no current uniform type evaluation criteria and test procedures; or When the device's use is limited to Maryland. The Secretary may deny or revoke approval to sell or use a weighing and measuring device if the Secretary determines that: The owner or manufacturer has provided false or misleading information about the device; The device does not comply with the applicable technical requirements of the National Institute of Standards and Technology Handbook 44 or any other requirement of this chapter; or The owner or manufacturer has not paid the Secretary the cost of conducting a type evaluation service for that device. Before denying or revoking approval to sell or use a weighing and measuring device, the Secretary shall afford the owner or manufacturer of the device notice and an opportunity to be heard. After receiving a request to conduct a type evaluation for a weighing and measuring device, the Secretary shall inform the applicant of the estimated cost to conduct this service. Upon request by the Secretary, the applicant shall prepay the estimated cost to conduct the type evaluation service. If after completing this service the Secretary finds that the actual cost is greater than the estimated cost, the applicant shall pay the Secretary the difference. On the other hand, if the actual cost is less than the estimated cost, the Secretary shall refund the difference to the applicant. For performing type evaluation under either the State or National Program, the Secretary shall charge the following fees: Technical services and evaluations —$150 per hour; Environmental chamber services —$450 per device; Certificate of Conformance drafting fee — $500; Trailer-mounted provers, 200 gallon capacity —$75 per day plus 45 cents per mile; Trailer-mounted provers, 1000-gallon capacity —$200 per day plus 65 cents per mile; Large scale test unit —$400 per day plus $3 per mile; Van or sedan —67 cents per mile; 1-ton truck —$1 per mile; and Travel costs —$100 per hour full reimbursement from Annapolis, Maryland, and daily Maryland per diem for meals. Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland Effective date: February 1, 1993 (20:2 Md. R. 113) Regulation .01B amended effective October 14, 2002 (29:20 Md. R. 1590) Regulation .02A amended effective October 2, 2000 (27:19 Md. R. 1728) Regulation .03F amended effective October 14, 2002 (29:20 Md. R. 1590) Regulation .05B amended effective October 2, 2000 (27:19 Md. R. 1728) Regulation .05C amended effective December 30, 1996 (23:26 Md. R. 1861); November 5, 2007 (34:22 Md. R. 1979) Regulation .05C amended as an emergency provision effective January 31, 2002 (29:4 Md. R. 415); amended permanently effective April 29, 2002 (29:8 Md. R. 701) Regulation .05C amended effective February 17, 2025 (52:3 Md. R. 161)