Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Office of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since May 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R70. Agriculture and Food, Regulatory Services.

Rule R70-950. Uniform National Type Evaluation.

As in effect on May 1, 2018

Table of Contents

R70-950-1. Authority.

A. Promulgated under authority of Section 4-9-2.

B. Application. This rule shall apply to all classes of devices and/or equipment as covered in National Institute of Standards and Technology (N.I.S.T) Handbooks 44, 105-1, 105-2, and 105-3. (The department has a complete set of the publications mentioned, additional copies may be obtained from the U.S. Government Printing Office.)

R70-950-2. Definitions.

A. National Type Evaluation Program.

The term "National Type Evaluation Program" means a program of cooperation between the National Institute of Standards and Technology (N.I.S.T), the National Conference on Weights and Measures, the States, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology (N.I.S.T) Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," National Institute of Standards and Technology (N.I.S.T) Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (N.I.S.T Class F)," National Institute of Standards and Technology (N.I.S.T) Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask," or National Institute of Standards and Technology (N.I.S.T) Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards."

B. Type Evaluation.

The term "type evaluation" means the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Program.

C. Type.

The term "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.

D. Participating Laboratory.

The term "Participating Laboratory" means any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology (N.I.S.T), in accordance with its program for the Certification of Capability of State Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

E. Certificate of Conformance.

The term "Certificate of Conformance" means a document issued by the National Institute of Standards and Technology (N.I.S.T) or National Conference on Weights and Measures (NCWM) based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology (N.I.S.T) Handbooks 44, 105-1, 105-2, and 105-3.

F. Director.

The term "Director" means the Director of Regulatory Services, Utah Department of Agriculture and Food.

R70-950-3. Certificate of Conformance.

The Director may require any weight or measure, or any weighing or measuring instrument or device to be issued a Certificate of Conformance prior to use for commercial or law enforcement purposes.

R70-950-4. Participating Laboratory.

The Director is authorized to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Director is authorized to charge and collect fees for type evaluation services.

KEY

inspections

Date of Enactment or Last Substantive Amendment

1987

Notice of Continuation

August 5, 2015

Authorizing, Implemented, or Interpreted Law

4-9-2


Additional Information

Contact

For questions regarding the content or application of rules under Title R70, please contact the promulgating agency (Agriculture and Food, Regulatory Services). A list of agencies with links to their homepages is available at https://www.utah.gov/government/agencylist.html.