(a) When testing milk or other fluid dairy products, a person required to have a license under this subtitle may not use any testing equipment which does not conform to the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44, as amended, or the official publication of the Association of Official Analytical Chemists as amended, and which is not inspected, tested, and approved by the Secretary. The Secretary may charge a reasonable fee for each item of equipment inspected.

(b) When a producer's weighing or measuring device is used to determine the quantity affecting payment for milk or other fluid dairy products, the device and its use shall conform to the specifications, tolerances, and other technical requirements of the National Institute of Standards and Technology Handbook 44, as amended. These requirements shall remain in effect unless the Secretary modifies or rescinds the requirements, by rule or regulation.