CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2453Introduced by Assembly Member VillapuduaFebruary 13, 2024 An act to add Sections 12502.5 and 12509.5 to the Business and Professions Code, relating to weights and measures. LEGISLATIVE COUNSEL'S DIGESTAB 2453, as introduced, Villapudua. Weights and measures: electric vehicle chargers and electric vehicle supply equipment.Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.This bill would authorize a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger to be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it is a type approved by the department, is calibrated and sealed by the manufacturer, and is unalterable.Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.This bill would provide that certain electric vehicle supply equipment devices are not required to be placed in service by a service agency or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12502.5 is added to the Business and Professions Code, to read:12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.SEC. 2. Section 12509.5 is added to the Business and Professions Code, to read:12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2453Introduced by Assembly Member VillapuduaFebruary 13, 2024 An act to add Sections 12502.5 and 12509.5 to the Business and Professions Code, relating to weights and measures. LEGISLATIVE COUNSEL'S DIGESTAB 2453, as introduced, Villapudua. Weights and measures: electric vehicle chargers and electric vehicle supply equipment.Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.This bill would authorize a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger to be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it is a type approved by the department, is calibrated and sealed by the manufacturer, and is unalterable.Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.This bill would provide that certain electric vehicle supply equipment devices are not required to be placed in service by a service agency or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2453
Introduced by Assembly Member VillapuduaFebruary 13, 2024
Introduced by Assembly Member Villapudua
February 13, 2024
An act to add Sections 12502.5 and 12509.5 to the Business and Professions Code, relating to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2453, as introduced, Villapudua. Weights and measures: electric vehicle chargers and electric vehicle supply equipment.
Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.This bill would authorize a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger to be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it is a type approved by the department, is calibrated and sealed by the manufacturer, and is unalterable.Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.This bill would provide that certain electric vehicle supply equipment devices are not required to be placed in service by a service agency or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified.
Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law requires the Secretary of Food and Agriculture to establish tolerances and specifications and other technical requirements for commercial weighing and measuring, as specified. Existing law requires that weighing and measuring devices be of a type or design approved by the department under a process known as type evaluation before they may be used for commercial purposes. Existing law also generally requires a weighing or measuring instrument to be tested and sealed before being used.
This bill would authorize a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger to be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it is a type approved by the department, is calibrated and sealed by the manufacturer, and is unalterable.
Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Under existing law, for purposes of weighing or measuring devices, the term placed in service means to permit the use of a device that has been tested and found to be correct, as specified, and type approved by the department. Existing law requires a person who engages in the business of repairing commercial weighing or measuring devices to be registered as a service agency.
This bill would provide that certain electric vehicle supply equipment devices are not required to be placed in service by a service agency or sealer before use under certain circumstances, including, among others, if the device is not publicly available, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12502.5 is added to the Business and Professions Code, to read:12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.SEC. 2. Section 12509.5 is added to the Business and Professions Code, to read:12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12502.5 is added to the Business and Professions Code, to read:12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.
SECTION 1. Section 12502.5 is added to the Business and Professions Code, to read:
### SECTION 1.
12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.
12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.
12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.
12502.5. Notwithstanding Section 12502, a measuring instrument used to measure the amount of electricity transferred from an electric vehicle charger may be used in connection with the sale of electricity as a motor vehicle fuel without first being tested if it meets both of the following criteria:
(a) The measuring instrument is a type approved by the department pursuant to Section 12500.5.
(b) The measuring instrument is calibrated and sealed by the manufacturer and is unalterable.
SEC. 2. Section 12509.5 is added to the Business and Professions Code, to read:12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
SEC. 2. Section 12509.5 is added to the Business and Professions Code, to read:
### SEC. 2.
12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.(ii) Publicly available EVSE does not include any of the following:(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.
12509.5. (a) (1) For purposes of this section, the definitions set forth in Section 12531 apply to this section.
(2) In addition to the definitions described in paragraph (1), the following definitions apply to this section:
(A) EVSE means electric vehicle supply equipment, which is a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument used to measure the amount of electricity transferred to a vehicle.
(B) Nonpublicly available EVSE means any EVSE that is not a publicly available EVSE.
(C) (i) Publicly available EVSE means an EVSE and associated parking space or spaces designated by a property owner or lessee to be available to, and accessible by, the public for any period of time. In addition, both of the following are publicly available EVSE:
(I) An EVSE designated by a lessee or a property owner to be available only to customers or visitors of the business.
(II) An EVSE and associated parking spaces located in parking garages or gated facilities if any member of the public can obtain vehicular access to the facility for free or through payment of a fee.
(ii) Publicly available EVSE does not include any of the following:
(I) A workplace EVSE and associated parking spaces if it is clearly marked and operated as available exclusively to employees or contracted drivers.
(II) An EVSE and associated parking spaces reserved exclusively to residents, tenants, visitors, or employees of a private residence or common interest development, or a residential building adjacent to a private residence.
(III) An EVSE provided by a manufacturer of electric vehicles for exclusive use by the vehicles it manufactures.
(D) Routine repair means providing maintenance, or installing, adjusting, reconditioning, or servicing a device in a manner that does not affect its correctness, as defined in Section 12500.
(b) Notwithstanding Section 12532, a nonpublicly available EVSE shall not be required to be placed in service by a service agency or sealer before use, but shall be required to be a type approved by the department pursuant to Section 12500.5.
(c) Notwithstanding Section 12532, an EVSE shall not be required to be placed in service by a service agency or sealer before the device is used after receiving routine repair.
(d) Notwithstanding Section 12532, an EVSE that is calibrated and sealed with unalterable measuring instruments at the point of manufacture shall not be required to be placed in service by a service agency or a sealer, but shall be required to be a type approved for metrological tolerances by the department pursuant to Section 12500.5.