Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-006.

Title of Rule: Service agents -- Reporting, test procedures, standards and calibration of weighing and measuring devices.

Purpose: This rule clarifies and strengthens the rules specifying the registration and responsibilities of service agents. This rule making accomplishes the intent of EO 97-02, regulatory improvement.

Statutory Authority for Adoption: RCW 19.94.010, 19.94.190.

Statute Being Implemented: Chapter 19.94 RCW.

Summary: This regulation addresses the mandatory registration, rights and responsibilities of service agents involved in installing servicing and calibrating weighing and measuring devices. The rule addresses reporting devices placed in service, test procedures, reporting forms, and submission of test standards by persons servicing and calibrating weighing and measuring devices.

Reasons Supporting Proposal: This new rule accomplishes the intent of EO 97-02, regulatory improvement by making the rule clear and readable.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA, (360) 902-1856.

Name of Proponent: , governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule clarifies and strengthens the rules governing the registration, adequacy of standards, identification of work, reports and responsibilities of service agents. The requirements for service agents to identify their work will provide assurance to the users of their services and to the public using weighing and measuring devices that the devices are serviced and maintained. The markings will allow the department to monitor the quality of the services provided by service agents and service persons. This rule will deter unqualified and improperly equipped businesses from repairing and adjusting weighing and measuring devices. The rule allows test standards to be calibrated and approved by other accredited laboratories. This provision gives service agents flexibility in selecting the locations and dates for certifying their test standards.

Proposal does not change existing rules. The new rule adds definitions and requires service agents and service persons to submit a copy of their tag, label, seal or seal press identification mark to the department at time of registration. The rule allows service agents to have their standards certified by laboratories other than the state metrology laboratory. The proof of inspection must be submitted to the department with the registration application. The rule also requires service agents and service persons to identify their work by applying an adhesive tag or label or using a distinctive security seal on devices they have repaired or returned to service. It also changes the reporting requirements to mandate that service agents submit a copy of test reports along with the agency issued rejection notice.

     See repealer below.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

     The purpose of the rule is to clarify and strengthen the rules specifying the responsibilities of service agents.

     These rules are being adopted under the authority of chapter 19.94 RCW.

     Industries Impacted by the Rule: All companies servicing weighing and measuring devices in Washington are impacted by chapter 16-663 WAC. SIC code 7699 Scale Repair Service represents the type of businesses affected by this rule. One hundred nine service agents are currently registered and affected by this rule. Approximately 80% of the service agents are small businesses with less than fifty full-time, year-round employees.

     Reporting and Record-Keeping Requirements: The state is now requiring service agents submit a copy of their test report for devices being returned to service along with the agency issued rejection notice. Under the old rule they were required to complete a test report but not required to submit it when returning the rejection notice. Service agents are also now required to submit copies of their tags, labels, seals or seal press identification marks and certification reports of their standards with their annual registration application. There are no new record-keeping requirements.

     Professional Services: The reporting and record-keeping requirements would not create a need for professional services. Implementing sections requiring the identification of a service agent's work would impose an additional cost. There would be a need for professional printing services by those opting to identify the devices they serviced by using a label or tag. The cost of labels ranges from $90.00 per thousand to $412.00 per thousand depending on the quality of the label selected. For those choosing to use seals or seal press identification markings the costs would range from $71.50 to $104.40 or more depending on the complexity of the seal press markings. The cost per employee for large and small businesses would be equal since the seal or label is distinctive in identifying the individual performing the service. Please note that current rules require security seals be applied to any adjustment mechanism designed to be sealed and some businesses may already own seals or seal presses with distinctive markings. It is also common practice for firms to place labels on the devices they service.

     Industry Outreach: The department mailed a draft copy to all of the service agents currently registered, to all state weights and measures inspectors, Advisory Committee members, and to the two city weights and measures jurisdictions. We received valuable input as a result of the outreach and have incorporated them into the final draft rules.

     Benefits and Mitigation: The rule will strengthen and clarify requirements for service agents. The requirements for service agents to identify their work will provide assurance to the users of their services and to the public using weighing and measuring devices that the devices are serviced and maintained. The markings will allow the department to monitor the quality of the services provided by service agents and service persons. This rule will deter unqualified and improperly equipped businesses from repairing and adjusting weighing and measuring devices. The rule allows test standards to be calibrated and approved by other accredited laboratories. This provision gives service agents flexibility in selecting the locations and dates for certifying their test standards.

     The agency will mitigate the impact of the requirements for service agents and service persons to identify their work by using labels, tags, seals or a seal press identification mark by making WAC 16-663-150 effective on May 1, 2000. The administrative rule has not been changed since 1973.

     The agency will send a fact sheet explaining the new rule to all currently registered service agents and service persons. The fact sheet will also be sent to new service agents and service persons as they register. The department will continue to provide technical assistance and oversight to the industry.

A copy of the statement may be obtained by writing to Washington State Department of Agriculture, Weights and Measures Program, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1857, fax (360) 902-2086, e-mail wts&measures@agr.wa.gov.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238, Yakima, WA 98902, on October 12, 2000, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Jodie Truitt by October 10, 2000, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Jerry Buendel, Program Manager, P.O. Box 42560 or 1111 Washington Street, Olympia, WA 98504-2560, e-mail jbuendel@agr.wa.gov, fax (360) 902-2086, by October 10, 2000.

Date of Intended Adoption: October 24, 2000.

August 23, 2000

Candace A. Jacobs, DVM

Assistant Director

OTS-4327.1

The following regulation addresses the mandatory registration, rights and responsibilities of service agents involved in installing, servicing and calibrating weighing and measuring devices. The rule addresses reporting devices placed in service, test procedures, reporting forms and submission of test standards by persons servicing and calibrating weighing and measuring devices.

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(1) Installation - setting up for use, connecting or adjusting any new, used or remanufactured commercial weighing or measuring device being placed into service.

     (2) Placed in service - to cause or permit the commercial usage of any commercial weighing or measuring device.

     (3) Returned to service - the instance where servicepersons or service agencies are called upon to service, repair, or recondition a commercial weighing or measuring device that has been "rejected," ordered "out of service," or "condemned" by weights and measures officials with the intent of placing such a device back into service.

     (4) Registered serviceperson - any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who registers himself as such with the director.

     (5) Registered service agent - any agent, firm, partnership, company, or corporation, which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and which registers with the director.

     (6) Commercial weighing and measuring device - any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, 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. It shall include any accessory attached to or used in connection with a commercial weighing or measuring device when the accessory is designed or installed so that its operation affects, or may affect, the accuracy, correctness, or indication of the device.

     (7) Reciprocity - the mutual cooperative interchange of rights and agreements between any other state or states that have similar rules and laws concerning registered service agents and recognition of standards.

     (8) Laboratory - the metrology laboratory of any state, agency, or any recognized private industry metrology laboratory as determined by the director. All such laboratories must possess current appropriate National Institute of Standards and Technology (NIST) certifications.

     (9) Accuracy - commercial weighing or measuring devices are considered accurate when the performance or value - that is, its indications, its deliveries, its recorded representations, or its capacity or actual value, etc., as determined by tests made with suitable standards - conforms to the standards, tolerances and other performance requirements set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director.

     (10) Correct - a weighing or measuring device is considered correct when in addition to being accurate, it meets all applicable specifications and requirements as set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director.

     (11) Certification - a document provided by the director to service agents registered with the department.

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(1) Service agents and servicepersons who intend to provide service that permits a weighing or measuring device to be placed back into commercial service must register with the department annually. Service agents and servicepersons must register on a form provided by the department annually. The fee for registration is eighty dollars per service person. This registration requirement does not apply to city sealers.

     (2) Service agents and servicepersons registering with the department will specifically state the types of devices they will be placing in service. Such a statement is the agent's or person's certification that they are knowledgeable of the requirements of the state and possess proper and certified equipment and standards to perform the services.

     (3) The registered service agent or serviceperson shall submit a copy of their tag or label, seal or seal press identification mark to the department at time of registration.

     (4) The department will issue an official registration certification for each service agent and serviceperson whose application is approved. Official registration certificates are valid for a period of one year from date of registration.

     (5) For requests that are denied the department will provide reasons, in writing, for the denial and refund payment.

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(1) All service agents and servicepersons shall use standards of adequate quantity and design to place commercial weighing and measuring devices in service.

     (2) Submission of standards for inspection. All standards used for servicing, repairing and/or calibrating commercial weighing and measuring devices must be submitted at least every two years for examination and certification. The standards will be submitted to the state's metrology laboratory or a laboratory of any state in which a reciprocity agreement has been entered. The state metrology laboratory examines and certifies standards using the current version of National Institute of Standards and Technology Handbook 105.

     (3) Recognition of out-of-state certification any standard that has been inspected and examined by any state or agency in which the director has entered a reciprocity agreement will be considered correct if said examination is within the previous two-year period. Proof of inspection must be submitted to the department with the registration application.

     (4) Proof of certification shall be maintained by the owner of the standards and be kept with the standards during normal usage for the purpose of inspection by the director or authorized representative.

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(1) Each registered service agent and serviceperson shall identify his/her work on commercially used weighing and measuring devices by:

     (a) Applying an adhesive tag or label in a conspicuous location on the device; or

     (b) Using a distinctive security seal or seal press impression.

     (2) The adhesive tag or label shall legibly show at least the serviceperson registration number, business telephone number and date of service.

     (3) Any security seal or seal press used to comply with subsection (1) of this section shall identify the individual registered serviceperson applying the seal.

     (4) The registered service agent or serviceperson shall submit a copy of the tag or label, seal or seal press identification mark to the department at time of registration.

     (5) The above requirements will be effective May 1, 2001.

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(1) Any person installing a new or used weighing or measuring device that is being put in use for the first time at that location must provide a notice of installation to the department. The notice shall state the date placed in service, type of device, capacity, business' name and site address, and name and address of the service company installing the device. The report shall also indicate whether the device is new or used.

     (2) After correcting a rejected device, registered service agents or servicepersons must return the reject report issued by the weights and measures official to the address indicated on the form within seven days from completion of work. All discrepancies noted on the department's rejection report must be corrected before returning the device to service. The form must be signed and dated by the registered serviceperson returning the device to service. The form must also legibly indicate his/her registration number and show the number or identifying mark of security seals that were removed and applied to affect the correction.

     (3) A registered service agent or serviceperson will submit a copy of his/her test report showing the as-found and as-corrected readings with the reject report when putting a rejected device back into service.

     (4) Commercially used weighing or measuring devices put into service or returned to service must be correct and meet all applicable specifications and requirements set forth in the edition of National Institute of Standards and Technology Handbook 44 currently adopted by the director. The device must also meet current (NTEP) requirements in effect for the device.

     (5) Devices must be installed in accordance with manufacturer's instructions.

     (6) A device installed in a fixed location must be installed so that its operation or performance will not be adversely affected by any characteristic of the foundation, supports, or any other detail of the installation.

     (7) Equipment must be installed in such a manner that all required markings are readily observable.

     (8) A device must be installed so that it will be correct and it meets all performance requirements when associated or nonassociated equipment is operated in its usual and customary manner.

     (9) Faulty installation conditions must be corrected, and any defective parts must be renewed or suitably repaired, before adjustments are made.

     (10) When equipment is adjusted, the adjustment must be made so that performance errors are as close as practicable to zero value.

     (11) Equipment put into service, repaired, adjusted, calibrated or refurbished must be sealed with an appropriate security seal and the seal number recorded on the inspection test report. Any security seal removed prior to servicing the device will be noted on the test report and will include the number or identifying mark of the security seal.

     (12) Equipment must be assembled and installed so that it does not facilitate the perpetration of fraud.

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(1) The department has the authority to revoke, suspend, or refuse to renew the official registration certificate of any service agent or serviceperson for any of the following reasons:

     (a) Fraud or deceit in obtaining an official registration certificate;

     (b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation, inspection, testing, checking, adjusting, or systematically standardizing and approving the graduations of any weighing or measuring instrument or device;

     (c) Knowingly placing back into commercial service any weighing or measuring instrument or device that is incorrect or inaccurate;

     (d) A violation of any provision of this chapter; or

     (e) Conviction of a crime or an act constituting a crime under the laws of this state, the laws of another state, or federal law.

     (2) If the department revokes, suspends, or refuses to renew an official registration certificate, an individual will have the right to appeal the decision in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and RCW 19.94.2584.

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Any person who, by himself or herself, by his or her agent or employee, or as the agent or employee of another person, violates the provisions of this rule is subject to a civil penalty of up to five thousand dollars as specified in RCW 19.94.510.

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     The following sections of the Washington Administrative Code are repealed:

WAC 16-663-001	Promulgation.
WAC 16-663-010	A regulation of weights and measures servicemen -- Relating to reporting and test procedures -- Reporting forms and submission of testing standards by persons servicing and calibrating commercial weighing and measuring devices -- Definitions.
WAC 16-663-020	Submission of standards.
WAC 16-663-030	Availability of adequate standards.
WAC 16-663-040	Reports to be filed by serviceman or service agency.
WAC 16-663-050	Unlawful practices -- Penalty.
WAC 16-663-060	Effective date.

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