Sec. 220.1. Type approval

(a) Except as provided in subdivision (d) of this section, no person shall sell or use a commercial weighting or measuring device in the State of New York unless the device is approved by the Commissioner of Agriculture and Markets. The commissioner shall grant approval if, after examining a representative sample of the design or pattern of the device, he or she determines that it conforms to the requirements set forth in section 220.2 of this Part. The commissioner may accept a certificate of conformance issued for such device, pursuant to the National Type Evaluation Program, by the National Conference on Weights and Measures, as proof of conformance, in lieu of such examination.

(b) Any change or modification in such approved device that may affect its performance or otherwise result in a departure from the requirements set forth in section 220.2 of this Part must be approved by the commissioner before sale or use in this State.

(c) When the commissioner has approved the device, such approval shall be accepted by all local jurisdictions and no other approval shall be required or permitted. A certificate of approval may be revoked by the commissioner at any time if the device fails to meet performance or other technical requirements set forth in section 220.2 of this Part.

(d) Notwithstanding the provisions of subdivisions (a) through (c) of this section to the contrary, the following devices may be sold and/or used without having been approved by the commissioner.

Device Type

 

Handbook 44 Code Reference

Weights

 

Section 2.23

Liquid Measures

 

Section 4.41

Farm Milk Tanks

 

Section 4.42

Measure Containers

 

Section 4.43

Dry Measures

 

Section 4.45

Berry Baskets and Boxes

 

Section 4.46

Wire- and Cordage-Measuring Devices

 

Section 5.51

Linear Measures

 

Section 5.52

Odometers

 

Section 5.53

Timing Devices

 

Section 5.55