N.H. Admin. Code § Agr 1401.01

Current through Register No. 50, December 12, 2024

Section Agr 1401.01 - Definitions

In Agr 1400 the following terms shall have the following meanings:

(a) "Accredited laboratory" means any metrology laboratory recognized by the National Institute of Standards and Technology (NIST) State Laboratory Program or accredited by an internationally recognized accrediting body that is in conformance with the standards of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) including ISO/IEC 17025 and ISO/IEC 17011;

(b) "As found" means the condition and accuracy of the device when first inspected or tested;

(c) "As sealed" means the condition and accuracy of the device when sealed;

(d) "Certification" means that a device has been inspected and tested, is legal for use and has been left in proper working condition. Certification is indicated by a colored certification stamp displaying the year and month the device was inspected and is placed conspicuously on the device by a registered New Hampshire service technician or division official;

(e) "Certification stamp" means the state sticker applied to a device by a registered New Hampshire service technician or division official used to show that inspection and testing have proven a device correct. The term includes certification seal;

(f) "Commercial use" means "commercial use" as defined in RSA 438:1I, XI, namely, "used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, commodities, 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, measure, or count";

(g) "Commissioner" means the commissioner of the New Hampshire department of agriculture, markets and food or the commissioner's designee;

(h) "Correct" means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(i) "Department" means the New Hampshire department of agriculture, markets, and food;

(j) "Division" means the division of weights and measures in the New Hampshire department of agriculture, markets and food;

(k) "Factory scale" means a scale used in the manufacture of a company's products;

(l) "Inspect" means to determine that a device meets specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(m) "National Institute of Standards and Technology (NIST)" means a non-regulatory federal agency within the Department of Commerce with a mission to promote United States innovation and industrial competitiveness by advancing measurement science, standards and technology;

(n) "National Voluntary Laboratory Accreditation Program (NVLAP)" means the arm of the NIST which regularly assesses the processes and standards used by the New Hampshire metrology laboratory for the purpose of accreditation pursuant to ISO/IEC 17025;

(o) "New Hampshire metrology laboratory" means the facility where the New Hampshire weights and measures standards are located;

(p) "Person" means person' as defined in RSA 438:1, I, namely, "individuals, partnerships, corporations, companies, societies, and associations;"

(q) "Pre-pack scale" means a scale specially designed for putting up packages of random weights in advance of sale;

(r) "Prover" means a cylindrical metal container designed to contain an exact amount of a liquid;

(s) "Registered service technician" means an individual who holds a valid certificate of registration from the department who, for hire, installs, services, repairs, reconditions, tests, seals, or calibrates a commercial weighing or measuring device;

(t) "Tare weight" means the weight of packaging materials, containers, vehicles or any other materials or items which are deducted from the gross weight to determine the net weight of a commodity; and

(u) "Test" means to review a device to determine whether it appears to function as required.

N.H. Admin. Code § Agr 1401.01

(See Revision Note at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09

New. #9639, eff 1-20-10

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12424, Effective 12/1/2017, Expires 12/1/2027.