ARTICLE 14.  AGRICULTURAL LABORATORY AND WEIGHTS AND MEASURES

A.   Bureau of Standards

§2-14-1.   Bureau of Standards established - Officers - Board of control.

There shall be established a State Bureau of Standards of weights, measures, and tests of all kinds.  This Bureau shall be a part of the State Department of Agriculture which shall provide facilities for its use.  The President of the State Board of Agriculture shall appoint as Director of the Bureau of Standards an employee of the Department.   Upon recommendation of the Director, the President of the Board shall appoint at least two other employees as assistant directors.  The Director and assistant directors shall constitute a board of control for the Bureau of Standards.  The members of the board of control shall serve without salary.

§2-14-2.   Standards and methods - Federal standards - Board to have charge.

The board of control shall have charge of the various standards of weights, measures, and testing devices received by this state from the United States pursuant to Resolutions of Congress approved June 14, 1836, and July 27, 1866, and any future standards which may be received from the United States.  The board of control shall have charge of the various state or office standards purchased by this state for the Bureau.

The board of control shall have charge and control of the standard methods of weighing, measuring, and testing in this state.   The board of control shall maintain the standards in good order and shall submit a set of standards called the reference standards to the National Institute of Standards and Technology (NIST) for certification.

§2-14-3.  State standards.

The weights, measures, and testing devices received from the United States pursuant to Joint Resolutions of Congress approved June 14, 1836, and July 27, 1866, now in the care and custody of the State Bureau of Standards, and the weights and measures in conformity with the Resolutions, when certified by the National Institute of Standards and Technology (NIST), shall be the state standards of weights and measures.   Copies of the state standards of weights and measures and other weights, measures, and apparatus shall be supplied by this state to implement the provisions of this article.

§2-14-4.  Powers and duties - General control - Seal.

The Bureau of Standards shall be available to all state departments, municipal and private corporations, and citizens of this state.  The Bureau shall be the highest official authority with regard to standards of weights, measures, and testing devices, and methods of weighing, measuring, and testing for this state.  The findings of the Bureau of Standards in any case or question shall be considered prima facie evidence of the correctness of the case or question.   All officers enforcing the standards for weights, measures, and testing devices in this state shall submit their weighing, measuring, and testing devices to the State Bureau of Standards at those periods determined by the board of control for certification and seal.  The board of control shall adopt a seal for this purpose.

§2-14-5.  Fees - Disposition.

The board of control shall establish fees for all tests and certifications made by the Bureau of Standards.  The fees shall in no case exceed those established for similar work by the National Institute of Standards and Technology.  The fees collected shall be deposited with the State Treasurer in the State Department of Agriculture Revolving Fund.

§2-14-6.  Information published.

The Bureau of Standards shall provide information for general distribution, literature, and directions regarding weights, measures and tests, and methods of weighing, measuring, and testing as recommended by the board of control.

§2-14-7.  Legislative intent as to consumer protection.

It is declared to be the intent of this Legislature that the State Department of Agriculture administer this article in a manner which will provide protection for consumers of those goods and services which can be accurately measured, improve the quality and safety of the products produced in this state, and provide the assurance to the people of this state and others that manufactured products are what they claim to be.

B.  Standard Weights and Measures

§2-14-31.  Definitions

As used in this article:

1. “Correct” means conformance to all applicable requirements of this article;
2. “Field standard” means the physical standards which are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and rules;
3. "National Conference on Weights and Measures, Inc. (NCWM)” means the national professional organization composed of regulatory officials, industry representatives, and individuals having an interest in weights and measures that develop consensus standards in areas of weighing and measuring device regulation, commodity regulation, and administration of regulatory weights and measures program;
4. “National Institute of Standards and Technology (NIST)” means that subdivision of the United States Department of Commerce responsible for maintaining the standard weights and measures of the United States;
5. “Package” means any commodity put up or uniformly wrapped or sealed in advance of sale in units suitable for either wholesale or retail sale;
6. “Reference standards” means the physical standards of the state which serve as the legal reference from which all other standards and weights and measures are derived;
7. “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale; and
8. “Weights or measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any instruments and devices. “Weight” used in connection with any commodity means net weight.

§2-14-32.  Customary use and metric system

A.   The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized.  Either one or both of these systems shall be used for all commercial purposes in the state. 

B.   The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Conference on Weights and Measures are recognized and shall govern weighing and measuring equipment and transactions in the state.

§2-14-33.  State reference and field standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government or approved by the National Institute of Standards and Technology shall be the state reference standards of weights and measures and shall be maintained in the calibration prescribed by the National Institute of Standards and Technology.  All field standards may be prescribed by the State Board of Agriculture and shall be verified upon their initial receipt and as required by the Board.

§2-14-34.   Commercial and regulatory weighing and measuring devices

The specifications, tolerances, and other technical requirements for commercial and regulatory weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Commercial Weighing and Measuring Devices”, and supplements or revisions shall apply to commercial and regulatory weighing and measuring devices in the state. 

Handbook 44 LINK

§2-14-35.  Board - Powers and duties.

The State Board of Agriculture shall have the following powers and duties:

1.   Maintain traceability of the state standards to the National Institute of Standards and Technology and adopt standard weights and measures for products in conformity with federal standards for use as the standard for weighing and measuring products in Oklahoma;

2.   Ensure that all rules conform as nearly as practicable to the uniform regulations adopted by the National Conference on Weights and Measures and published in Handbook 130, “Uniform Laws and Regulations”, including all supplements and revisions thereof;   Weights and Measures Rules

3.   Establish requirements for labeling, for the presentation of cost‑per‑unit information, for standards of weight, measure, or count, and for standards of fill for any packaged commodity.  The Board may establish requirements for open dating information;

4.   Conduct investigations to ensure compliance with this article;

5.   Inspect and test weights and measures kept, offered, or exposed for sale;

6.   Inspect and test to ascertain if the weights and measures commercially used are correct by:

a.   determining the weight, measure, or count of commodities or things sold, offered, or exposed for sale on the basis of weight, measure, or count, or

b.   by computing the basic charge or payment for services rendered on the basis of weight, measure, or count;

7.   Approve for use weights and measures found to be correct and reject and mark as rejected weights and measures found to be incorrect.  Approved weights and measures may be marked as approved.   Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized.  The Board shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct;

8.   Weigh, measure, or inspect packaged commodities kept, offered or exposed for sale, sold or in the process of delivery, to determine whether they contain the amounts represented and are in accordance with this article and rules of the Board.  The Board shall use recognized sampling procedures adopted by the National Conference on Weights and Measures and published in Handbook 133, “Checking the Net Contents of Packaged Goods” and supplements and revisions;

9.   If a method of declaring the quantity of a specific commodity by weight, measure, numerical count, or combination does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion, an appropriate term or unit of weight or measure may be prescribed; and

10.   Allow reasonable variations from the stated quantity of contents, including but not limited to those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce.

§2-14-36.   Request for testing

The State Board of Agriculture may, at the request of the owner or user of any weighing or measuring device, test a device upon payment of a fee for expenses.  Fee Schedule

§2-14-37.   Enforcement of regulations

When necessary for the enforcement of this article or rules promulgated pursuant thereto, the State Board of Agriculture may:

1.   Issue stop‑use, hold, and removal orders for any weights and measures commercially used, and issue stop‑sale, hold, and removal orders for any packaged commodities or bulk commodities kept, offered, or exposed for sale; and

2.   Seize for use as evidence any incorrect or unapproved weight, measure, package, or commodity used, retained, offered, or exposed for sale or sold in violation of this article or rules promulgated pursuant thereto.

§2-14-38.   Misrepresentation

It shall be unlawful for any person to:

1.   Sell, offer, or expose for sale any item for less than the quantity represented or take more than the represented quantity when the buyer furnishes the weight or measure which determines the quantity; or

2.   Represent the price or quantity of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count in any manner calculated or intended to mislead or deceive a person.

§2-14-39.   Liquid measure

Except as provided by the State Board of Agriculture, commodities in liquid form shall be sold by liquid measure or by weight.   Commodities not in liquid form shall be sold only by weight, measure, or count, so long as the method of sale provides accurate quantity information.

§2-14-40.   Labeling

A.   Except as provided in this article or by rules promulgated pursuant thereto, any package kept for the purpose of sale, offering for sale, or exposing for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

1.   The identity of the commodity in the package, unless the commodity can easily be identified through the wrapper or container;

2.   The quantity of contents in terms of weight, measure, or count; and

3.   The name and place of business of the manufacturer, packer, or distributor if the package is kept, offered or exposed for sale, or sold in any place other than the premises where packed.

B.   In addition, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.

§2-14-41.   Advertising

Whenever a packaged commodity is advertised in any manner and the retail price is stated, a declaration of quantity shall also appear on the package closely associated with the retail price.  Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

§2-14-42.   Penalty  Civil Penalty

It shall be unlawful for any person to violate any provision of this article or rules promulgated by the State Board of Agriculture.   No person shall:

1.   Use or have in possession for use in commerce any incorrect weight or measure;

2.   Remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority; or

3.   Hinder or obstruct any weights and measures official in the performance of the duties of such official.

§2-14-43.   Presumption

If a weight or measure or weighing or measuring device exists where buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, or weighing or measuring device is regularly used for business purposes.

C.   Oklahoma Service Technician and Service Agency Act

§2-14-61.   Short title

This article shall be known as the “Oklahoma Service Technician and Service Agency Act”.

§2-14-62.   Definitions

As used in the Oklahoma Service Technician and Service Agency Act:

1.   “Commercial weighing and measuring device” means any weight or measure that is used or employed in establishing size, quantity, grade, extent, area, measurement of quantities, things, products, or articles for distribution or consumption which are purchased, offered or submitted for sale, hire or award, or in computing any basic charge or payment for services rendered.   The term commercial weighing and measuring device shall also include any accessory attached to or used in connection with a weighing or measuring device when the accessory is so designed or installed that its operation affects, or may affect, the accuracy of the weight or measure;

2.   “Placing-in-service report” means a report on a form approved by the State Board of Agriculture listing the name, address, and location of the commercial weight or measure, and information stating in detail what services were performed and whether the weight or measure is new or removed from the premises, the date the service was performed, and other required information;

3.   “Service” means to install, adjust, sell, repair, condition, recondition, overhaul, test, or remove from installation, a weight, measure, or weighing or measuring device;

4.   “Service agency” means any person who services a weight or measure for hire, award, commission, or any other payment of kind;

5.   “Service technician” means any individual who services a weight or measure for hire, award, commission, or any other payment of kind; and

6.   “Test” means to test a weighing and measuring device according to the laws, rules, and the specifications and tolerances adopted by the National Conference on Weights and Measures and published in Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices”

§2-14-63.   License required - Issuance - Qualifications - Apprentice license - Applications - Categories of weights or measures - Contents of license - Termination of employment - Conviction of felony - Expiration date - Fees - Exemptions from act

A.   It shall be unlawful for any person to do business as a service agency or service technician without first obtaining a valid license issued by the State Board of Agriculture and paying the license fee.

B.   A service agency license may be issued by the Board after submitting an application on a form prescribed by the Board.  The service agency shall have the appropriate amount of equipment and standards and have employed a qualified licensed service technician in each category as stated on the application and such other information as required by the Board.  Failure to show proper qualification under the rules prescribed by the Board or for violations of any of the provisions of the Oklahoma Service Technician and Service Agency Act shall be grounds for the Board to deny the issuance or renewal of the license.  Service Agency License Application Form

C.   An apprentice service technician license may be issued after submitting an application on a form prescribed by the Board.  The apprenticeship license for new applicants, with no device-related educational training from an accredited or recognized institution or experience, shall be in effect for one year.  All apprentice service technicians shall work under the supervision of a licensed service technician when servicing a weight or measure.  Failure to show proper qualifications under the rules prescribed by the Board or violations of any provisions of the Oklahoma Service Technician and Service Agency Act shall make it the duty of the Board to deny the issuance or renewal of the license.  Apprentice Service Technician License Application Form

D.   1.  An applicant for a service technician license shall submit an application on a form prescribed by the Board.  Failure to show proper qualifications under the rules prescribed by the Board or violations of any of the provisions of the Oklahoma Service Technician and Service Agency Act shall make it the duty of the Board to deny the issuance or renewal of the license.  Device Service Technician License Application Form

2.   A service technician license may be issued by the Board pursuant to the provisions of the Oklahoma Service Technician and Service Agency Act, provided the applicant qualifies under the provisions of the Oklahoma Service Technician and Service Agency Act or any rule promulgated by the Board and the applicant is limited to the category or categories of weight or measure named on the license.   The Board shall establish necessary categories of weight or measure service.

3.   Each service technician license shall specify the kind of work in which the applicant is authorized to engage, and shall show the name and address of the person to whom it is issued, and the name of the service agency with whom the individual is employed.

4.   No service technician license shall be issued or remain valid if the Board finds that the applicant has been convicted of a weight or measure-related felony charge in any state or territory of the United States.

5.   Any apprentice technician license and service technician license upon separation of employment with the licensed service agency as stated on the license shall be returned to the Board.  Failure to return and continued use of the license upon separation of employment shall constitute a violation.  The service agency shall immediately report the separation or termination of a licensed service technician's employment to the Board.

E.   All licenses are nontransferable.  All licenses shall expire on a date specified by the Board and may be renewed for the ensuing year, without penalty.  If application is not received within thirty (30) days of expiration date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license as applicable.

F.   The following fees shall be paid to the Board.  All fees collected by the Board, pursuant to this subarticle, shall be deposited in the State Board of Agriculture Revolving Fund:

1.   A fee of One Hundred Dollars ($100.00) for the issuance or renewal of a license as a service agency;

2.   A fee of Twenty-five Dollars ($25.00) for issuance or renewal of a license as a service technician for each category of weights and measures serviced;

3.   A fee of Ten Dollars ($10.00) for the issuance of a license for an apprentice service technician; and

4.   A fee of Ten Dollars ($10.00) for the issuance of a duplicate license.

G.   The Oklahoma Service Technician and Service Agency Act shall not apply to public utilities, public service corporations, rural electric associations, or municipal utilities and their subsidiaries during work on their own facilities or during the performance of energy audits, operations, inspections, maintenance, or repairs for their customers or on their own equipment.

§2-14-64.   Board - Powers and Duties

When necessary for the enforcement of the Oklahoma Service Technician and Service Agency Act, the State Board of Agriculture shall have the following powers and duties:

1. Issue stop sale, stop use, hold, and removal orders with respect to any weight or measure found to be in violation of the Oklahoma Service Technician and Service Agency Act;
2. Seize for use as evidence any incorrect or unapproved weight or measure found to be used, retained, or sold in violation of the Oklahoma Service Technician and Service Agency Act or rules promulgated pursuant thereto;
3. Conduct investigations to ensure compliance with the Oklahoma Service Technician and Service Agency Act and rules promulgated thereto; and
4. Enter into contracts with state or federal agencies for the conduct of weight and measure testing.

§2-14-65.   Service technicians and service agencies - Powers, duties and responsibilities

Licensed service technicians and service agencies shall:

1. Submit a placing in service report to the State Board of Agriculture within five (5) calendar days after service is provided when required by the Board;
2. Have the authority to remove an official rejection tag after the device has been repaired, tested, and found to meet requirements. The rejection tag and the service technician/service agency test report shall accompany the placing-in-service report submitted to the Board;
3. Attach a seal approved by the Board identifying the service agency, signed and dated by the service technician, stating that the commercial device has been tested in accordance with the provisions in Handbook 44 and is suitable for use as a commercial device; Service Agency Approval Seal Example
4. Have available and use sufficient standards and equipment to adequately test weights and measures as set forth in the notes section of each applicable code in Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices”, and have the handbook in their possession. The equipment shall meet the specifications corresponding to the series of NIST Handbook 105, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures”, supplements and revisions;
5. Submit to the Board, as required by the Board of Control of the State Bureau of Standards, for examination and certification, any standards and testing equipment that are used or are to be used in the performance of the service and testing functions. A licensed service technician or service agency shall not use any weight or measure standard or testing equipment that has not been approved by the Board; and
6. Maintain all records required by the Board.

§2-14-66.   Owner serviced and maintained devices

Nothing in the Oklahoma Service Technician and Service Agency Act shall prohibit a weight or measure owner or a regular employee of the owner from servicing or repairing a device.  However, if the device is found out of tolerance and is rejected by the State Board of Agriculture, the owner is responsible for repairing the device within the time specified on the rejected tag.  In addition, the owner shall notify the Board when the device is repaired and in operation.  The owner shall pay a fee commensurate with the expense incurred by the Board in performing the follow-up inspection or test.

§2-14-67.   Equipment calibrated and serviced by another state's weights and measures laboratory

Equipment calibrated and certified as required by the board of control by another state's weights and measures laboratory that can show traceability to and is certified by the National Institute of Standards and Technology shall be recognized as equipment suitable for use by licensed service technicians or service agencies in this state.

§2-14-68.   Administration and enforcement of act - Rules, regulations, standards and evaluations

The State Board of Agriculture shall administer and enforce the provisions of the Oklahoma Service Technician and Service Agency Act and shall promulgate rules, standards and evaluations, and work performance of each category of weight or measure.  The rules, and standards or evaluation of weight or measure shall conform as nearly as practicable to the handbooks as specified in this article and adopted by the National Conference on Weights and Measures.

§2-14-69.   Suspension, cancellation, revocation or refusal to re-issue license - Violations - Criminal penalties

A.   The State Board of Agriculture may suspend, cancel, revoke, or refuse reissuance of a license after the person has an opportunity for public hearing pursuant to the Administrative Procedures Act.  In addition, the person may be prosecuted for any of the following violations:

1.   Failure to correct work on each job which fails to meet the requirements and required testing procedures as adopted by the National Conference on Weights and Measures and published in Handbook 44 as amended;

2.   Failure to complete the placing-in-service report in its entirety and to report the accurate description of parts replaced, adjusted, or reconditioned and work performed;

3.   Failure to report in a contract or work agreement a written explanation of the actual repairs required to repair the weight or measure to meet the requirements;

4.   Failure to furnish to the Board, upon request, duplicated copies of the service agency or any service technician weight or measure test report, or any other information required by the Board;

5.   To test or place in service a weight or measure that does not meet the requirements for a commercial device as specified in Handbook 44 and the required testing procedures for the category of weight and measure;

6.   Making a misrepresentation for the purpose of defrauding;

7.   Operating as a service technician or service agency without proper license;

8.   Repairing a weight or measure unless the repair involved causes the weight or measure to meet the requirements of the Oklahoma Service Technician and Service Agency Act for at least ninety (90) days after the repairs;

9.   Failure to submit a placing-in-service report to the Board within five (5) calendar days after that repair, installation, or removal is performed; and

10.   Filing a false or fraudulent application to the Board.

B.   It shall be unlawful for any person, holder or nonholder of a valid license to violate any provisions of the Oklahoma Service Technician and Service Agency Act or rules promulgated thereto.  Any violation shall be punishable by the imposition of a fine of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00).

D.   Analytical Laboratory

§2-14-81.   Analytical laboratory ‑ Purposes.

The State Department of Agriculture is directed to establish, at the earliest practicable time, as a function of the State Department of Agriculture, analytical laboratory facilities for the following purposes:

1. Conducting analyses to determine the qualitative and quantitative amounts of pesticidal residues or other objectionable, harmful, or deficient materials in crops, foodstuffs, water, and other materials destined for human consumption or for animal feeds including forage crops and whole grains which are shipped in intrastate commerce in Oklahoma or which are sold or to be sold for human consumption or for animal feeds in Oklahoma;

2. Conducting tests and making qualitative and quantitative analyses to determine:

a. the quality or wholesomeness of manufactured milk and manufactured dairy products,
b. diseases affecting animal health, and
c. various ingredients or components of feed, fertilizer, and pesticides; or

3. Any other chemical tests or analyses concerning agricultural products regulated or monitored by the State Board of Agriculture.

§2-14-82.   Tolerances.

The State Department of Agriculture shall establish tolerances for pesticidal chemicals in foodstuffs and other materials destined for human consumption or animal feeds including forage crops and grains except where tolerances are established by the State Board of Health on foodstuffs or other materials for human consumption for which the State Board of Health has regulatory jurisdiction by law.  Copies of the tolerances shall be made available to any agency, person, group, company or other organization requesting the tolerances.

§2-14-83.   Time of operation ‑ Fees ‑ Use of other laboratories.

A.   The State Department of Agriculture shall determine the days and hours of the operation of the State Department of Agriculture laboratory.  The laboratory shall conduct qualitative and quantitative analyses of pesticidal residues and other chemical determinations of agricultural products contained in samples submitted, by any person, agency, group, or other organization.

B.   The State Board of Agriculture shall promulgate a schedule of fees for work performed by the laboratory.   The fees shall be calculated to help defray the costs of operating the laboratory including, but not limited to:  salaries, chemicals, materials, equipment, and repairs to and replacement of materials, equipment, and buildings.  Fees paid by state offices and agencies utilizing the services of the laboratory shall be paid from their general appropriations.

C.   The Department is authorized to have a test or determination made in a qualified laboratory other than the Department laboratory.  Any determination or test made by another qualified laboratory shall be considered official for that particular sample.

§ 2-14-84.   Disposition of fees

All fees collected for analytical work in the laboratory shall be deposited in the State Department of Agriculture Revolving Fund and shall be used solely to perform analytical work.

TITLE 35.   STATE DEPARTMENT OF AGRICULTURE

CHAPTER 2.  FEES

35:2-3-3.   Schedule of weights and measures fees

TITLE 35. STATE DEPARTMENT OF AGRICULTURE
CHAPTER 2. FEES

SUBCHAPTER 3. FEE SCHEDULES

35:2-3-3. Schedule of weights and measures fees
(a) Owners or users requesting tests of weighing and measuring devices shall pay the following fees:

TYPE OF DEVICE FEE

(b) The following license fees shall be paid to the Oklahoma Department of Agriculture, Food, and Forestry:
(1) A fee of One Hundred Dollars ($100.00) for issuance or renewal of a service agency license.
(2) A fee of Twenty-five Dollars ($25.00) for issuance or renewal of a service technician license for each category of weights and measures serviced.
(3) A fee of Ten Dollars ($10.00) for the issuance of an apprentice service technician license.
(4) A fee of Ten Dollars ($10.00) for the issuance of a duplicate license.
(5) Any license renewal applications received thirty (30) or more days after the renewal shall result in the Board charging a penalty equal to and in addition to the cost of the license.

TITLE 35. STATE DEPARTMENT OF AGRICULTURE
CHAPTER 10. AGRICULTURAL PRODUCTS

SERVICE TECHNICIANS AND SERVICE AGENCIES

35:10-5-1. General

Reference in this subchapter refer to the inch-pound system of weights and measures and shall likewise apply to equivalent applications of the metric system and vice versa.

35:10-5-2. Application
(a) A Service Technician is an individual who applies and is approved for a license as qualified by training and/or experience to service any or all categories of commercial weighing and/or measuring device. Application for a license shall be made on a form supplied by the Department. This form, duly signed, shall certify that the applicant:
(1) Is fully qualified to service devices of all categories for which license is sought;
(2) Will use and has in possession all necessary testing equipment and standards;
(3) Has full knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and
(4) Has in possession a copy of the most recently published edition of "Handbook 44", The Oklahoma Weights and Measures Law, The Oklahoma Service Technician and Service Agency Act, associated rules, and regulations.
(b) A Service Agency is a qualified company which applies and is approved for a license to service any or all categories. The application form, duly signed by an authorized officer of the service agency shall certify that the applicant:
(1) Is fully qualified to service devices of all categories for which license is sought;
(2) Will use and has in possession, all necessary testing equipment and standards;
(3) Has full knowledge of all appropriate weights and measures laws, orders, rules, and regulations.
(4) Has in possession a copy of the most recently published edition of "Handbook 44", The Oklahoma Weights and Measures Law, The Oklahoma Service Technician and Service Agency Act, associated rules, and regulations.
(5) Will attach for approval by the Department a seal which must include as a minimum the following information:
(A) The Service Agency name, city, state, zip code, area code and phone number in a prominent location in the top one-third of the seal.

The statement "TESTED IN ACCORDANCE WITH THE PROVISIONS IN HANDBOOK 44 AND IS SUITABLE FOR USE AS A COMMERCIAL DEVICE" in the second one-third of the seal.
(B) A place for the Service Technician's signature, Service Technician's license number and date of service in the bottom one-third of the seal.

35:10-5-4. Device Categories
(a) Device Category 1 shall include scales which fall into class I and/or II, whether designated by the manufacturer or not, pursuant to "Handbook 44" Section S.5.2. The minimum equipment necessary to service Category 1 scales shall be certified standards in amounts suitable to test devices in category as specified in the most recently published edition of "Handbook 44" and the National Conference on Weights and Measures "(NCWM) Publication 12" Examination Procedures Outline (EPO's) For Weighing and Measuring Devices.
(b) Device Category 2 shall include scales which fall into class III, III L and/or IIII, whether designated by the manufacturer or not, pursuant to Handbook 44". The minimum equipment necessary to service Category 2 scales shall be certified standards in amounts suitable to test device in said category as specified in the most recently published edition of Handbook 44 and NCWM Pub. 12 EPO's.
(c) Device Category 3 shall include moisture meters. The minimum equipment necessary to service moisture meters shall be certified standards in amounts suitable to test devices in category as specified in the most recently published edition of the "Handbook 44". If offical grain samples are used to check meters, the grain sample moisture content must be determined by the oven test method referenced in the "Federal Grain Inspection Service (FGIS) Moisture Handbook," supplements, and revisions.)

35:10-5-6. Filing of records and reports
(a) A licensed service technician who conducts tests on a commercial weighing and measuring device, at the time of testing and inspection, shall promptly furnish to the owner or operator of the device a report showing the results of the test and inspection. A copy of this report must remain on file with the licensed service agency for a period of not less than three years. These records will be available during regular business hours to authorized agents of the Oklahoma Department of Agriculture.

(b) A placing in service report form along with a copy of the testing and inspection report on a commercial weighing and measuring device, which does not meet tolerances and specifications for commercial device, must be sent within 5 calendar days to the Oklahoma Department of Agriculture. A copy of the service technician's report must be immediately given to the owner or user informing them that the device no longer meets "Handbook 44" requirements for a commercial device and must be removed from commercial service. A follow up inspection will be conducted by the Oklahoma Department of Agriculture to insure removal of the device from commercial service.

Uniform Packaging and Labeling Regulation

35:10-9-1. Packaging and labeling of products
The Board adopts the "Uniform Packaging and Labeling Regulation" as approved by the National Conference on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.

Checking the Net Contents of Packaged Goods

Checking the Net Contents of Packaged Goods

35:10-11-1. Sampling procedures
The Board adopts and will employ the sampling procedures as approved by the National Conference on Weights and Measures and published in Handbook 133 "Checking the Net Contents of Packaged Goods," supplements, and revisions.

Method of Sale of Commodities

Method of Sale of Commodities

35:10-13-1. Method of Sale of food and non-food commodities
The Board adopts the "Uniform Regulations for the Method of Sale of Commodities" as approved by the National Conference on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.

NATIONAL TYPE EVALUATION PROGRAM

35:10-15-1. Definitions
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.

"Certificate of Conformance" means a document issued by the National Institute of Standards and Technology and/or the National Conference on Weights and Measures based on testing in participating laboratories, this document constitutes evidence of conformance of a type with the requirements of Handbook 44 and the National Institute of Standards and Technology Handbook 105-1, 105-2, or 105-3.
"National Type Evaluation Program" means a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, other Federal Agencies, the States, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions as approved by the National Conference on Weights and Measures published in Handbook 44, "Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices," and the National Conference on Weights and Measures, Publication 14, "National Type Evaluation Program, Administrative Procedures, Technical Policy, Checklist and Test.
"Participating laboratory" means any State Measurement Laboratory that has been accredited by the National Institute of Standards and Technology or accrediting authority, in accordance with its program for the Certification of Capability of State Measurement Laboratories, any State Weights and Measures Agency, or other laboratory that has been authorized to conduct a type evaluation under the National Type Evaluation Program.

"Type" means a model or models of a particular measurement system, instrument, element, or 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.
"Type evaluation" means the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Program.

35:10-15-2. Application
This subchapter shall apply to all classes of devices and/or equipment as specified by the National Conference on Weights and Measures and published in Handbook 44 and the National Institute of Standards and Technology Handbook 105-1, 105-2,and 105-3.

35:10-15-3. Certificate of Conformance
The Board shall require any weight, or measure, or weighing and measuring instrument or device to be issued a Certificate of Conformance prior to its use for commercial or law enforcement purposes.

35:10-15-4. Participating Laboratory
The Board is authorized to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Board is authorized to charge and collect fees for type evaluation services. Commensurate with the expense incurred to conduct such service.

OPEN DATING

35:10-17-1. Open dating for perishable and semi-perishable commodities
The Board adopts the "Uniform Open Dating Regulation" as adopted by National Conference on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.

EXAMINATION PROCEDURES FOR PRICE VERIFICATION

35:10-19-1. Examination procedures for price verification
The Board adopts the "Examination Procedure for Price Verification" as adopted by the National Conference on Weights and Measures and published in Handbook 130, "Uniform Laws and Regulations", supplements, and revisions.