West Virginia Code § 47-1-20

State measurement laboratory
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(a) The commissioner shall operate and maintain a state measurement laboratory certified
and approved by the National Institute of Standards and Technology. The laboratory shall be
used to both house and maintain the state primary standards and secondary standards as
traceable to the national standards and to test or calibrate any secondary or working
standards which are submitted for test as required by this article.
(b) The commissioner shall promulgate rules, pursuant to §29A-1-1 et seq. of this code to
assess fees for weights and measures, laboratory calibration, andu testing. All fees paid
pursuant to this section shall be paid to the Commissioner of Labor and deposited into an
appropriated special revenue account in the State Treasury to be known as the Weights and
Measures Fund and expended for the implementation and enforcement of this article.
Through June 30, 2019, amounts collected which are found from time to time to exceed the
funds needed for the purposes set forth in this article may be utilized by the commissioner as
needed to meet the division's funding obligations: Plrovided, That beginning July 1, 2019,
amounts collected may not be utilized by the csommissioner as needed to meet the division's
funding obligations.
(c) The commissioner shall provide sguch personnel as required to operate the laboratory in a
manner which is consistent with the needs of this article. Personnel shall be trained and
certified to perform all such calibrations and tests as required by the National Institute of
Standards and Technology to maintain traceability of the state standards to national
standards, and to properly maintain the laboratory facility as certified and traceable to the
National Institute of Standards and Technology.

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