In addition to the definitions set out in the Texas Agriculture
Code, Chapter 13, the following words and terms shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Anniversary date--The last day of the month during
which test standards are due annual calibration.
(2) ASTM--American Society for Testing Materials
(3) Audit--An official TDA administrative review completed
by a Representative of the Commissioner of all device inspections,
tests and calibrations records and/or related documentation.
(4) Certificate of Authority--Written authorization
issued by the department authorizing a public weigher to issue an
(5) Certified/Certification--Written verification from
a department approved laboratory declaring the accuracy of a service
company's test standards.
(6) Code--The Texas Agriculture Code.
(7) Commercial transaction--The purchase, offer or
submission for sale, hire or award, barter or exchange of an item.
(8) Consumer Information Sticker--A sticker that directs
consumers to registration, inspection, and complaint information regarding
a device; and that must be placed on each weighing or measuring device
used for commercial transactions.
(9) Device--Any pump, liquid measuring device, scale,
or bulk or liquefied petroleum gas meter used in a commercial transaction.
Device includes any accessory which may affect accuracy. The term
also includes weighing and measuring equipment in official use for
the enforcement of law or for the collection of statistical information
by government agencies.
(10) Food for Immediate Consumption--Food or meals
prepared, served or sold by restaurants, lunch counters or cafeterias
that when sold requires no further preparation by the purchaser prior
to consumption on the premises, except for:
(A) refrigerated food that is typically reheated prior
(B) sliced luncheon products such as meat, poultry
or cheese when sold separately;
(C) food that is only cut, repackaged or pasteurized
by the seller; or
(D) fruits and vegetables.
(11) Handbook 44--NIST publication that sets the specifications,
tolerances and other technical requirements for weighing and measuring
(12) Immediate Consumption Food Scales--A scale exclusively
used to weigh food sold for immediate consumption on premises.
(13) Inspection--The act of examining, testing, or
calibrating a weighing or measuring device, including TDA audits,
service observations and onsite facility review duties.
(14) LPG Meter--A device used for the measurement of
liquefied petroleum gas.
(15) NCWM--National Conference on Weights and Measures.
(16) NIST--National Institute of Standards and Technology,
United States Department of Commerce.
(17) Official certificate--A certificate declaring
the accurate weight or measure of a commodity which includes: the
time and date the weight or measure was taken, signature and license
number of the public weigher, and the seal of the department.
(18) OIML--International Organization of Legal Metrology.
(19) Operator of a Device--A person operates a device
if the person collects or distributes payments for a commercial transaction
for which the device is used; oversees the day-to-day operation of
the device; or owns, leases, manages, or otherwise controls the physical
location of the device or the device itself.
(20) Out-of-Order tag--A notice attached to a device
directing that the device may not be used for commercial service.
(21) Person--An individual or a corporation, partnership,
limited liability company, business trust, trust, association, or
other organization, estate, government or governmental subdivision
or agency, or other legal entity.
(22) Place in service--An approval for the device to
be placed into commercial operation.
(23) Public Weigher--A business appointed to issue
an official certificate in Texas.
(24) Ranch scale--A livestock scale which is located
on a private ranch and which has a capacity of 5,000 pounds or greater.
(25) Representative of the Commissioner--An individual
employed by the Department, authorized to perform one or more of the
following: audits, reviews, inspections, and/or service observations
under specified chapters of the Texas Agriculture Code.
(26) Service Company--A person who holds a service
company license issued by the Department under this chapter, also
referred to as a Licensed Service Company (LSC).
(27) Service report--A prescribed report, prepared
by a service technician and filed with the Department by a service
company, describing the services performed on a device or a set of
devices by the technician.
(28) Service Technician--An individual who holds a
service technician license issued by the Department under this chapter,
also referred to as a Licensed Service Technician (LST).
(29) Sub-kit--A subdivided series of test standards
that weigh a total of not less than one pound in avoirdupois units
and whose smallest test standard weighs not more than one-sixteenth
(1/16) ounce or five-thousandths (0.005) pound.
(30) Test--A field examination of a device to determine
compliance with the requirements of this chapter.
(31) Test Standard--A certified weight or measure used
to test a device.
(32) Test kit--A collection of test standards that
collectively weigh 30 pounds and that consists of one sub-kit, at
least two one-pound standards, and any other combination of standards
that allows a scale with a capacity of 30 pounds or less be tested
in one-pound increments to capacity.
(33) Service Observation--An official TDA observation
completed by a Representative of the Commissioner on Service Technicians
that occurs periodically to ensure LSC and LST compliance with the
applicable standards of device inspection, testing, and calibrating.