TITLE 21 AGRICULTURE
AND RANCHING
CHAPTER 16 AGRICULTURAL
WEIGHTS AND MEASURES
PART 5 BONDING AND
REGISTRATION OF SERVICE TECHNICIANS AND SERVICE
ESTABLISHMENTS FOR COMMERCIAL WEIGHING OR
MEASURING DEVICES
21.16.5.1 ISSUING AGENCY: New
Mexico State University, New Mexico Department of Agriculture
[7/1/97; 21.16.5.1 NMAC - Rn, 21 NMAC 16.5.1 1/31/07, A, 5/29/09]
[MSC 3189, P. O. Box 30005, Las Cruces, New Mexico 88003-8005 Telephone:
(575) 646-3007]
21.16.5.2 SCOPE: All
parties involved in the servicing or use of commercial weighing or measuring
devices.
[7/1/97; 21.16.5.2 NMAC - Rn, 21 NMAC 16.5.2, 01/31/07]
21.16.5.3 STATUTORY AUTHORITY: Granted
to the board of regents of New Mexico state university under the Weights and
Measures Law, Chapter 57, Article 17, Sections 1 through 19, New Mexico
Statutes Annotated, 1978 Compilation.
[7/1/97; 21.16.5.3 NMAC - Rn, 21 NMAC 16.5.3, 01/31/07]
21.16.5.4 DURATION: Permanent
[7/1/97; 21.16.5.4 NMAC - Rn, 21 NMAC 16.5.4, 01/31/07]
21.16.5.5 EFFECTIVE
DATE: July 1, 1997
[7/1/97; 21.16.5.5 NMAC - Rn, 21 NMAC 16.5.5, 01/31/07]
21.16.5.6 OBJECTIVE: This
part provides for the bonding and registration of service technicians and
service establishments for commercial weighing or measuring devices.
[7/1/97; 21.16.5.6 NMAC - Rn, 21 NMAC 16.5.6, 01/31/07]
21.16.5.7 DEFINITIONS:
A. “Commercial weighing or measuring
device” means any device used or employed in establishing the quantity, weight,
count, or size of products involving a monetary transaction or in computing any
basic charge or payment for services rendered on the basis of weight or measure.
B. “Department” means the New Mexico department
of agriculture.
C. “Director” means the director of the
New Mexico department of agriculture.
D. “Full service establishment” means
any person, firm, or company which for the purpose of direct or indirect
benefit installs, services, repairs, or reconditions commercial weighing or
measuring devices. (bond required)
E. “Limited service establishment”
means any person, firm, or company which installs, services, repairs, or
reconditions commercial weighing or measuring devices solely under its
ownership. (no bond required)
F. “Service technician” means any
individual employed by a full or limited service establishment who installs,
services, repairs, or reconditions commercial weighing or measuring devices.
[7/1/97; 21.16.5.7 NMAC - Rn, 21 NMAC 16.5.7, 01/31/07]
21.16.5.8 [RESERVED]
21.16.5.9 REGISTRATION:
A. Prior to installing, servicing,
repairing or reconditioning any commercial weighing or measuring device in the
state of New Mexico, a service establishment and each service technician
employed by, or who is a part of, the service establishment shall be registered
with the department. Application for
registration shall be on a form supplied by the department with said form duly
signed and witnessed. By applying for
registration, the principal officer of the service establishment certifies that
each service technician employed by the service establishment is fully competent
to install, service, repair or recondition the class of devices for which
registration is applied; has in their possession or available for use the
required certified test standards and all necessary testing equipment, and
required reference materials; and has full knowledge of all applicable laws,
rules, and regulations. At the request
of the department, an applicant shall submit appropriate evidence of
qualifications.
B. This part shall not preclude or
limit the right and privilege of any individual to install, service, repair, or
recondition a commercial device owned by him or his employer. However, without
registration, such individual is not permitted to remove an official
out-of-order tag or place a device into commercial service.
[7/1/97; 21.16.5.9 NMAC - Rn, 21 NMAC 16.5.9, 01/31/07]
21.16.5.10 ANNUAL REGISTRATION FEES: A complete registration will include payment
of applicable fees for the registrant and all service technicians as
established by an external policy memorandum.
[7/1/97; 21.16.5.10 NMAC - Rn & A, 21 NMAC 16.5.10, 01/31/07]
21.16.5.11 BOND
REQUIRED: With the application for
full service registration, each service establishment shall furnish a one
thousand dollar ($1,000) surety bond payable to the state of New Mexico, or
other proof of financial responsibility as may be prescribed by the director,
for faithful performance of duty. A bond
or other proof of financial responsibility shall apply to each registered
service technician employed by the registered service establishment. The bond or other proof of financial
responsibility shall be in a form prescribed by the director.
[7/1/97; 21.16.5.11 NMAC - Rn, 21 NMAC 16.5.11, 01/31/07]
21.16.5.12 REGISTRATION
CERTIFICATE: Upon receipt and
acceptance of a properly executed application, the required bond (full service
only) and calibration certificate, a “registration certificate” shall be issued
for a period not to exceed one (1) year. Registration certificates are
non-transferable.
[7/1/97; 21.16.5.12 NMAC - Rn, 21 NMAC 16.5.12, 01/31/07]
21.16.5.13 AUTHORITY AND RESPONSIBILITIES OF A
REGISTRANT:
A. A registered service technician or
registered service establishment shall have the authority to:
(1) remove official tested and approved, out-of-order,
and not sealed - not legal for trade stickers or tags;
(2) break seals on adjustment mechanisms;
(3) place into commercial service a device
that has been officially rejected;
(4) place into commercial service a new or
used device.
B. Prior to placing a device into
commercial service, it shall be the responsibility of the registered service
technician to:
(1) install, service, repair or recondition a
commercial device in such a manner that the device will comply with applicable
requirements set forth in national institute
of standards and technology (NIST) handbook 44, as revised, and the weights
and measures law and associated rules;
(2) remove from a commercial device being
installed, serviced, repaired, or reconditioned all existing tested and approved,
out-of-order or not sealed - not legal for trade stickers or tags;
(3) seal all adjustment mechanisms with an
appropriate seal;
(4) affix to a commercial device installed,
serviced, repaired, or reconditioned, a clearly visible tag or sticker
containing the registered service establishment name or registration number and
date on which installation, service, repair or recondition was performed.
[7/1/97; 21.16.5.13 NMAC - Rn, 21 NMAC 16.5.13, 01/31/07]
21.16.5.14 PLACE-IN-SERVICE REPORT:
A. Within five (5) calendar days after
a new or used device is installed, the original of the properly executed place-in-service
report shall be mailed to the department.
The duplicate copy of the report shall be retained by the registered
service establishment and the triplicate copy of the report shall be given to
the owner or operator of the device.
B. Within five (5) calendar days after
repairing a device that has been officially rejected, the bottom portion of the
out-of-order form shall be completed by the registered service technician
performing the repair and the form mailed to the department.
C. A place-in-service report for the
types of devices specified below shall be accompanied by the registered service
establishment's test report which shows the device was tested and performing
within applicable tolerances at the time the device was placed into service:
(1) For scales above two thousand (2,000)
pounds or one thousand (1,000) kilograms capacity, a test report shall be
required which shows that certified test weights were applied to test the scale
to used capacity or ten thousand (10,000) pounds or five thousand (5,000)
kilograms whichever is less.
(2) For meters (liquid measuring devices) with
a capacity of more than twenty (20) gallons or seventy five (75) liters per
minute, a test report shall be required which shows that a volumetric prover of
sufficient capacity to receive a test draft as specified in NIST handbook 44 for the device under
test was used to test and calibrate the device.
(3) For devices other than those described
above, test reports may be required by the director if it is determined at his
discretion that test reports are in the best interest of all concerned.
[7/1/97; 21.16.5.14 NMAC - Rn, 21 NMAC 16.5.14, 01/31/07]
21.16.5.15 STANDARDS AND TESTING EQUIPMENT:
A. A service technician or service establishment must
possess or have available sufficient certified test standards to test in
accordance with NIST handbook 44
requirements the class of devices for which registration is applied. Prior to registration, and at least annually
thereafter, all standards and testing equipment used by the registered service
technician or registered service establishment shall be examined by the
department or another approved laboratory and a calibration certificate issued
for all standards and testing equipment found to be acceptable. A copy of the calibration certificate for all
standards and testing equipment used by the registered service technician or
registered service establishment shall accompany the registration application.
B. A registered service technician or
registered service establishment shall not use in installing, servicing,
repairing, or reconditioning a commercial device any standards or testing
equipment that has not been certified.
[7/1/97; 21.16.5.15 NMAC - Rn, 21 NMAC 16.5.15, 01/31/07]
21.16.5.16 REVOCATION OF REGISTRATION
CERTIFICATE: The director may suspend or revoke a registration
certificate in accordance with the procedures set forth in New Mexico department
of agriculture administrative procedures and remedies for enforcement actions internal
policy.
[7/1/97; 21.16.5.16 NMAC - Rn, 21 NMAC 16.5.16, 01/31/07]
21.16.5.17 LIST
OF REGISTERED SERVICE ESTABLISHMENTS:
The department shall maintain and supply upon request a list of the
registered service establishments.
[7/1/97; 21.16.5.17 NMAC - Rn, 21 NMAC 16.5.17, 01/31/07]
HISTORY OF 21.16.5 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center and Archives under:
NMDA Rule No. DOA 74-1, Regulatory Order No. 6, Service Establishment
Regulations, filed 1/30/74.
NMDA Rule No. DOA 77-2, Regulatory Order No. 12, Service Establishment
Regulations, filed 2/9/77.
NMDA Rule No. 95-8, Bonding and Registration of Service Technicians and
Service Establishments for Commercial Weighing and Measuring Devices, filed
11/14/95.
History of Repealed Material:
[RESERVED]