§486-105 General testing. (a) Unless otherwise provided by law, the department, through the measurement standards branch, shall inspect and test, to ascertain if they are correct, all measurement standards and measuring devices kept, offered, or exposed for sale, sold or in use in the State. The department may, as often as it deems necessary, inspect and test, to ascertain if they are correct, all measurement standards and measuring devices used in:

(1) Determining the measurement of commodities or things sold, or offered or exposed for sale, on the basis of measure;

(2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure; and

(3) Determining measurement when a charge is made for such determination, including the payment of any associated tax.

Provided that in compliance with a rule of the board, tests may be made on representative samples of the commodities, things, or devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. And, provided that with respect to single-service devices designed to be used only once and to be then discarded or with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of the devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests of the samples.

(b) The department may adopt rules:

(1) To authorize the licensing of service agencies to conduct routine tests of measurement standards and measuring devices;

(2) To establish the process for licensing, including license fees and suspension or revocation of licenses;

(3) To establish the frequency of testing for various measurement standards and measuring devices;

(4) To establish recordkeeping and reporting requirements for licensed service agencies;

(5) To establish procedures whereby licensed service agencies may seal or mark measurement standards or measuring devices as "correct" or "rejected" under section 486-108;

(6) To establish procedures for evaluating the performance of licensed service agencies in testing measurement standards and measuring devices; and

(7) To establish penalties for violations of this chapter or rules adopted under this subsection. [L 1991, c 153, pt of §6; am L 1998, c 192, §3]