WSR 97-20-127

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE

[Filed October 1, 1997, 10:03 a.m.]

Title of Rule: National type evaluation program.

Purpose: To correct the adopted national type evaluation program rule by adding the dates to WAC 16-664-040 (3), (4), (5), (6), and (7).

Statutory Authority for Adoption: RCW 19.94.190 and [19.94.]195.

Statute Being Implemented: Chapter 19.94 RCW.

Reasons Supporting Proposal: At the hearing conducted to adopt rules for the national type evaluation program, it was anticipated that the date contained in WAC 16-664-040 (3), (4), (5), (6), and (7) would be the same date as the effective date of the rule, which is July 5, 1997.

Name of Agency Personnel Responsible for Drafting and Implementation: Bob Arrington, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-2011; and Enforcement: Jerry Bundel, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1856.

Name of Proponent: Scale Manufacturers Assn., Gasoline Pump Manufacturers Assn., Meter Manufacturers Assn., private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: When the Department of Agriculture prepared the final paperwork to adopt the national type evaluation program rule it inadvertently overlooked putting the anticipated effective date in WAC 16-664-040 (3), (4), (5), (6), and (7). The date, as communicated by the department, was to be July 5, 1997. This proposal corrects and clarifies the date.

Proposal Changes the Following Existing Rules: It corrects the previous rule adopted by adding in the date under WAC 16-664-040 (3), (4), (5), (6), and (7).

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dannie McQueen, Administrative Regulations Manager, Washington State Department of Agriculture, P.O. Box 42560, 1111 Washington Street S.E., Olympia, WA 98504-2560, AND RECEIVED BY December 1, 1997.

October 1, 1997

Julie Sandberg

Assistant Director

AMENDATORY SECTION (Amending WSR 97-12-076, filed 6/4/97, effective 7/5/97)

WAC 16-664-040 Commercial and law enforcement equipment--Certificate of Conformance--Requirements--Exemptions--One-of-kind device--Repaired device--Remanufactured device--Device copy--Components. (1) Except for a device exempted under subsection (6) of this section, no person shall sell a device, within the state of Washington, unless it is traceable to a Certificate of Conformance. Certificate of Conformance documentation must be provided as part of the sales transaction.

(2) No person shall use a device within the state of Washington, unless it is traceable to a Certificate of Conformance, except when the device is exempted by subsection (3), (4), or (5) of this section. Certificate of Conformance documentation must be maintained at the device location.

(3) A device in service in Washington prior to ((. . . . ., 19. .)) July 5, 1997, that meets the specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44, is not required to be traceable to a Certificate of Conformance.

(4) A device in service in Washington prior to ((. . . . ., 19. .)) July 5, 1997, removed from service by the owner or on which the department has issued a removal order after ((. . . . ., 19. .)) July 5, 1997, and returned to service at a later date shall be modified to meet all specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 effective on the date of the return to service. Such a device is not required to be traceable to a Certificate of Conformance.

(5) A device in service in Washington prior to ((. . . . ., 19. .)) July 5, 1997, which is repaired after such date shall meet the specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 is not required to be traceable to a Certificate of Conformance.

(6) A device in service in Washington prior to ((. . . . ., 19. .)) July 5, 1997, and sold after such date shall be modified by the seller to meet the specifications, tolerances, and other technical requirements of National Institute of Standards and Technology Handbook 44 on or before the date sold, unless the buyer and seller agree by written contract to exchange the modification responsibility in which case modification must be completed before further commercial application. Such commercial weighing or measuring device is not required to be traceable to a Certificate of Conformance.

(7) A device in service in another state prior to ((. . . . ., 19. .)) July 5, 1997, may be installed in Washington; however, the device shall meet the specifications, tolerances, and technical requirement for weighing and measuring devices in National Institute of Standards and Technology Handbook 44 and be traceable to a Certificate of Conformance.

(8) One-of-a-kind device -- A "one-of-a-kind" device is not required to be traceable to a Certificate of Conformance. However, if the manufacturer decides to make an additional device or devices, the device will no longer be considered to be "one-of-a-kind" and it shall be traceable to a Certificate of Conformance. For scales, the load cells and electronic indicators must be traceable to a Certificate of Conformance.

(9) Repaired device -- If a person makes changes to a device to the extent that the metrological characteristics are changed, that specific device is no longer traceable to the Certificate of Conformance.

(10) Remanufactured device -- If a person repairs or remanufactures a device, they are obligated to repair or remanufacture it consistent with the manufacturer's original design; otherwise, that specific device is no longer traceable to a Certificate of Conformance.

(11) Copy of a device -- The manufacturer who copies the design of a device that is traceable to a Certificate of Conformance, but which is made by another company, must obtain a separate Certificate of Conformance for the device. The Certificate of Conformance for the original device shall not apply to the copy.

(12) Device components -- If a person buys a load cell(s) and an indicating element that are traceable to Certificates of Conformance and then manufactures a device from the parts, that person shall obtain a Certificate of Conformance for the device.