North Dakota Administrative Code

Weights and measures inspectors may not make adjustments to a commercial weighing or measuring device other than to zero a device or adjust the level on certain counter, dormant, and platform scales. History: Effective September 1, 1994; amended effective July 1, 1997; November 1…

The sale of anhydrous ammonia after January 1, 1999, on any basis other than by certified scale or certified meter by any new or newly expanded anhydrous ammonia dealer is prohibited. History: Effective July 1, 1997. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-02-02…

An operator of a commercial weighing and measuring device shall ensure that the device is designed, constructed, operated, and maintained to meet applicable standards in the North Dakota Century Code and the North Dakota Administrative Code. The commission may require proof of co…

A commercial weighing or measuring device must be installed so that it is easily accessible for inspection and testing. History: Effective May 1, 2005. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-02-02, 64-02-13

When a commercial weighing or measuring device is removed from service, a weights and measures inspector shall affix a noncommercial device seal to the device. A device that is sealed as a "noncommercial device" must not be used in commerce. A registered service person shall noti…

Registered service companies shall notify the commission of any service contract that provides for annual certification of a commercial device. Notification must be given no later than thirty days from the 10 date of the verbal or written contract. Commercial devices under servic…

Deviations from the manufacturer's design, installation specifications, intended application, or established limits applicable to any commercial weighing or measuring device are not permitted without approval from the manufacturer's engineering authority and a variance permit gra…

A commercial livestock scale must be equipped with a type registering print device, and the value of the minimum graduated interval must not be greater than five pounds [2.27 kilograms], provided, however, that for scale capacities in excess of fifty thousand pounds [22679.6 kilo…

All livestock scales must be installed so as to permit ready access for large capacity testing equipment. At the one end of a livestock scale there must be a straight concrete approach the full width of the scale platform, in the same plane as the scale platform and equal in leng…

All livestock scales under the jurisdiction of the federal packers and stockyards administration must be certified once every six months. A scale must be certified by a registered service person. History: Effective August 1, 1993; amended effective January 1, 2021. General Author…

The twister head extensions cannot be used under any conditions in the installation of motor truck, motor truck dump, or livestock scales. Extension levers used on motor truck, livestock, or motor dump truck scales must be securely anchored to or suspended from concrete of the ne…

The steel yard rod connecting the weighbeam to the transverse lever on all scales must be installed or shielded to prevent interference. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-02-02, 64-02-13

A self-contained portable pitless scale and a self-contained portable hopper scale used solely to weigh materials used for government highway construction are exempt from the provisions of this article. Installation and operation of a self-contained portable pitless scale and a s…

A fixed pitless scale foundation may be either a pier foundation or floating slab foundation and installed as follows: 1. A pier foundation must: 2 a. Maintain at least ten inches [254 millimeters] of clearance between the "I" beam and the slab along the entire length and width o…

Motor truck, motor truck dump, railway track, and livestock scales, other than fixed pitless scales, regardless of capacity, must have a clearance of not less than four feet [12.19 decimeters] from the finished floorline of the scale pit to the bottom of the "I" beam of the scale…

The foundation and supports of any scale installed in a fixed position must consist of reinforced concrete of sufficient strength to ensure rigidity and permanence. The fulcrum stands for the levers or 3 the load cells of large capacity scales must be installed on level piers wit…

Repealed effective July 1, 2008.

1. A motor truck or motor truck dump scale installed and operational before January 1, 1995, must have at least twelve feet [3.66 meters] or a distance equal to one-third of deck length, whichever is greater, of straight driveway on either end of the scale deck not over one-third…

A beam-type or dial-type indicating element must be installed in a level and plumb position, mounted on concrete piers, or on a concrete slab, and fastened securely to the concrete walls or neck of the scale pit. These mechanical indicating element foundations must be independent…

Repealed effective July 1, 2008.

1. Windows must be provided and must be located in such a position and manner so that the scale operator has full view of the scale platform and weighing operation, including the front, back, and one side of the vehicle being weighed from the scale operator's working position, an…

Repealed effective May 1, 2005.

Repealed effective August 1, 1993.

Repealed effective August 1, 2000.

A commercial automatic bulk-loading system used for receiving grain may not be commercially operated without first receiving a variance permit from the commission. Before receiving any grain through an automatic bulk-weighing system, a certified commercial truck scale must be mad…

Coal belt conveyor scales not used for coal sales to the general public, or not used for the sale of coal on behalf of leasehold interests, are exempt from the provisions of this article. History: Effective September 1, 1994; amended effective January 1, 2002. 5 General Authority…

A concrete hopper scale that is used for measuring a finished concrete product that is sold by a measurement other than weight, even though the quality of its composition (cement, sand, aggregate, and water) is determined by weight, shall be defined as a "batching scale" and is e…

Grain moisture testing meters, jewelers' scales, prescription scales, and postal scales used by the United States postal service, including scales at a location identified as a contract postal unit, are exempt from the provisions of this article. History: Effective January 1, 200…

It is unlawful to weigh a vehicle or a combination vehicle in any method other than the single-draft method, as outlined in the NIST Handbook No. 44, section 2.20. scales, UR.3.3., Single-draft Vehicle Weighing, except for the following: 1. When the sale of the commodity being we…

Upon approval by the commission of a variance permit allowing split-weighing, and before an individual customer is split-weighed, an approved split-weigh agreement form must be signed by both the business and that customer, and kept on file at the place where the split-weighing o…

After January 1, 1996, all motor truck, motor truck dump, and railroad track/truck combination scales must be load-bearing and section tested. The load-bearing test must be conducted with a minimum standard of the lesser value of either ten thousand pounds [4535.9 kilograms] or o…

The sensitivity response of a motor truck or motor truck dump scale designed with a division size of five pounds [2.27 kilograms] and without a balance indicator may not exceed four scale divisions. History: Effective October 1, 1999. General Authority: NDCC 64-02-03 Law Implemen…

A stored tare weight across a motor truck or motor truck dump scale may not be used for more than one commercial transaction. History: Effective January 1, 2002. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-02-02

Computer programming installed on commercial scales after January 1, 2002, enabling the electronic recording or storage of scale weight must conform to the following: 1. If more than one scale is interfaced, the system must store the identity of the scale which originated the wei…

Axle load scales or portable wheel load scales used to enforce load limit restrictions are exempt from the provisions of this article. History: Effective May 1, 2005; amended effective July 1, 2008; January 1, 2021. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-02-02

The owner of a commercial hopper scale shall provide a bracket or lifting arms able to utilize a hand-operated chain hoist that will facilitate testing with five hundred pounds [226.80 kilograms] or larger test weights. The brackets or lifting arms must be of sufficient strength …

Scales used in the packaging and sale of medical marijuana in quantities of one ounce [28.35 grams] or less must be an NTEP class I or II scale with a scale verification division of one one- hundredths of a gram or less. History: Effective January 1, 2021. General Authority: NDCC…

Except as modified in this article, the specifications, tolerances, tests, and other technical requirements for commercial weighing and measuring devices in North Dakota must conform to the following sections and subsections of the 2020 edition of the United States department of …

National type evaluation program certification is required for design, sale, installation, operation, and certification of a commercial weighing and measuring device. A commercial weighing and measuring device used in commerce prior to January 1, 2021, is exempt from national typ…

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for class f field standard weights. The specifications, tolerances, and other technical requirements for reference standards and field standards used for …

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for graduated neck-type volumetric field standards. The specifications, tolerances, and other technical requirements for reference standards and field sta…

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for liquefied petroleum gas and anhydrous ammonia liquid volumetric provers. The specifications, tolerances, and other technical requirements for referenc…

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for field standard measuring flasks. The specifications, tolerances, and other technical requirements for reference standards and field standards used for…

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for dynamic small-volume provers. The specifications, tolerances, and other technical requirements for reference standards and field standards used for te…

Specifications and tolerances for reference standards and field standard weights and measures - Specifications and tolerances for field standard weight carts. The specifications, tolerances, and other technical requirements for reference standards and field standard weight carts …

A standard used to certify any commercial weighing and measuring device must be annually certified as traceable by an NIST-recognized metrology laboratory. The commission may extend the recertification interval an additional ninety days provided that the request is made thirty da…

Repealed effective April 1, 1992.

Repealed effective May 1, 2005.

Repealed effective October 1, 2010.

Repealed effective October 1, 2010.