(a) Unless otherwise provided by law, the department, through the measurement standards branch, shall inspect and test, to ascertain if they are correct, all measurement standards and measuring devices kept, offered, or exposed for sale, sold or in use in the State. The department may, as often as it deems necessary, inspect and test, to ascertain if they are correct, all measurement standards and measuring devices used in:

Terms Used In Hawaii Revised Statutes 486-105

  • Board: means board of agriculture. See Hawaii Revised Statutes 486-1
  • Department: means department of agriculture. See Hawaii Revised Statutes 486-1
  • Incorrect: means to be in noncompliance with any specification, tolerance, performance criteria, standard, or any part of this chapter or any rule adopted under it. See Hawaii Revised Statutes 486-1
  • Measure: includes all measures of every kind, including but not limited to weight, mass, length, volume, time, and count; instruments and devices for weighing, measuring, or counting; and appliances and accessories associated with any such instruments and devices. See Hawaii Revised Statutes 486-1
  • Measurement standards: includes any standard or definition or model or reference or measurement relating to metrology including but not limited to weights and measures, artifacts, and reproducible definitions of a unit of measure and their applicable tolerances including those of the SI, and definitions of a lot size, sample and tolerances as related to statistical inspection. See Hawaii Revised Statutes 486-1
  • sale: include barter and exchange. See Hawaii Revised Statutes 486-1
(1) Determining the measurement of commodities or things sold, or offered or exposed for sale, on the basis of measure;
(2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure; and
(3) Determining measurement when a charge is made for such determination, including the payment of any associated tax.

Provided that in compliance with a rule of the board, tests may be made on representative samples of the commodities, things, or devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on the samples. And, provided that with respect to single-service devices designed to be used only once and to be then discarded or with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of the devices, and the lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests of the samples.

(b) The department may adopt rules:

(1) To authorize the licensing of service agencies to conduct routine tests of measurement standards and measuring devices;
(2) To establish the process for licensing, including license fees and suspension or revocation of licenses;
(3) To establish the frequency of testing for various measurement standards and measuring devices;
(4) To establish recordkeeping and reporting requirements for licensed service agencies;
(5) To establish procedures whereby licensed service agencies may seal or mark measurement standards or measuring devices as “correct” or “rejected” under section 486-108;
(6) To establish procedures for evaluating the performance of licensed service agencies in testing measurement standards and measuring devices; and
(7) To establish penalties for violations of this chapter or rules adopted under this subsection.
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