North Carolina § 66-25 - Acceptable listings as to safety of goods.

§ 66-25. Acceptable listings as to safety of goods.

All electrical materials, devices, appliances, and equipment shall be evaluated for safety and suitability for intended use. Except as provided in subsections (b) and (c) of this section, this evaluation shall be conducted in accordance with nationally recognized standards and shall be conducted by a qualified testing laboratory. The Commissioner of Insurance, through the Engineering Division of the Department of Insurance, shall implement the procedures necessary to approve suitable national standards and to approve suitable qualified testing laboratories. The Commissioner may assign his authority to implement the procedures for specific materials, devices, appliances, or equipment to other agencies or bodies when they would be uniquely qualified to implement those procedures. Electrical devices, appliances, or equipment used by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety in institutional kitchens and manufacturing equipment used by Correction Enterprises are exempt from the evaluation requirement of subsection (a) of this section. The Department of Administration, Division of Purchase and Contract, shall not seek to enforce the provisions of subsection (a) of this section by any means, including requiring acceptance inspections or additional testing of electrical materials, devices, appliances, or equipment purchased by State departments, agencies, and institutions. In the event that the Commissioner determines that electrical materials, devices, appliances, or equipment in question cannot be adequately evaluated through the use of approved national standards or by approved qualified testing laboratories, the Engineering Division of the Department of Insurance shall specify any alternative evaluations which safety requires. The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of all approved national standards and resumes of approved qualified testing laboratories. History (1933, c. 555, s. 3; 1989, c. 681, s. 1; 2013-289, s. 11; 2014-100, s. 16C.4; 2015-241, s. 16C.13A; 2017-186, s. 2(rrrr); 2017-211, s. 6(a).) Editor's Note. - Session Laws 2017-211, s. 6(b), provides: "Upon the effective date of this section [October 5, 2017], the Department of Administration, Division of Purchase and Contract, shall publish a notice on its Web site indicating that acceptance inspections and additional testing are no longer required for the purchase of electrical materials, devices appliances, or equipment by State departments, agencies, and institutions." Effect of Amendments. - Session Laws 2013-289, s. 11, effective July 18, 2013, redesignated the formerly undesignated provisions of this section as present subsection (a); in subsection (a), added "Except as provided in subsection (b) of this section" and made a minor stylistic change; and added subsection (b). Session Laws 2014-100, s. 16C.4, effective July 1, 2014, in subsection (b), substituted "may be evaluated" for "shall be evaluated" in the first sentence, and added the last sentence. Session Laws 2015-241, s. 16C.13A, effective July 1, 2015, rewrote subsection (b). Session Laws 2017-186, s. 2(rrrr), effective December 1, 2017, inserted "and Juvenile Justice" near the middle of subsection (b). Session Laws 2017-211, s. 6(a), effective October 5, 2017, substituted "subsections (b) and (c)" for "subsection (b)" in the second sentence of subsection (a); and added subsection (c).