Section 69-10-01-01 - DefinitionsAs used in article 69-10:
1. "Audit trail" means an electronic count or information record of the changes to the values of the calibration or configuration parameters of a device.2. "Automatic bulk weighing system" means a weighing system adapted to the automatic weighing of bulk commodities in successive drafts or predetermined amounts, automatically recording the no-load and loaded weight values, and accumulating the net weight of each draft.3. "Batching scale" means a noncommercial weighing or measuring device used to determine, in part, the amount of an ingredient in a finished, manufactured commodity.4. "Certify" means to seal, if upon testing and inspection, a weighing or measuring device is within the permitted tolerance and properly installed.5. "Commerce" means the distribution or consumption of quantities, things, produce, commodities, or articles which may be offered or submitted by any person for sale or hire.6. "Commercial weighing and measuring device" includes:a. A weighing or measuring device commercially used or employed in establishing size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure; andb. An accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device.7. "Equipment repair notice tag" means a tag that allows a device to be operated for sixty days from its inspection date pending correction of cited defects relating to the device or any of its required peripheral equipment. 8. "Liquid or liquefied petroleum gas computing pump" means a device that provides fuel or liquefied petroleum gas to a consumer.9. "Medical marijuana" means medical marijuana as regulated by the state department of health.10. "NCWM" means the national conference on weights and measures.11. "NIST" means the United States department of commerce, national institute of standards and technology.12. "Noncommercial device" means a tag or seal applied to a device which has not been inspected and tested, does not meet applicable design or tolerance requirements, or is no longer being used commercially. 13. "NTEP" means the national conference on weights and measures, national type evaluation program.14. "Quality assurance inspected" means a tag applied to a device which either passed a quality assurance test or passed a test in response to a consumer complaint.15. "Random testing" means the random retesting and recertification by a weights and measures inspector of any weighing or measuring device being tested .16. "Registered service person" means an individual who for hire, award, commission, or payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and who registers with the commission.17. "Rejected for repair" means a seal applied to a device which has been inspected and tested and does not meet applicable design or tolerance requirements. 18. "Retail fuel device" means a commercial, indicating fuel or fuel additive device used to deliver fuel or fuel additive used in internal-combustion engines.19. "Seal" means marking a weighing or measuring device to show certification or rejection.20. "Security seal" means either a crimpable lead and wire seal, a plastic and wire pressure-sensitive seal, or a pressure-sensitive adhesive sealing sticker, permanently attached to a weighing or measuring device to prevent or indicate unauthorized access to the tolerance-adjusting mechanisms of that device.21. "Single draft weighing" means simultaneously weighing each end of a vehicle or individual elements of coupled combination vehicles.22. "Split-weighing" means determining the weight of a vehicle, combination vehicle, or a commodity by adding together the results obtained by separately and not simultaneously weighing each end of such vehicle or individual elements of such coupled combinations.23. "Standard" means test equipment used for certifying weighing or measuring devices.24. "Variance permit" means a temporary or permanent suspension of a particular rule granted to an owner or operator of a commercial weighing or measuring device basis.25. "Weights and measures inspector" means a commission employee engaged in enforcing provisions of 69-10 and North Dakota Century Code title 64.N.D. Admin Code 69-10-01-01
Amended effective April 1, 1992; August 1, 1993; September 1, 1994; February 1, 1996; July 1, 1997; July 1, 1998; August 1, 2000; January 1, 2002; March 1, 2003; November 1, 2003; July 1, 2008.Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-03