§  11.34   Acceptability of the equipment.

   (a) An EAS Encoder used for generating the EAS codes and the Attention
   Signal must be Certified in accordance with the procedures in part 2,
   subpart J, of this chapter. The data and information submitted must
   show the capability of the equipment to meet the requirements of this
   part as well as the requirements contained in part 15 of this chapter
   for digital devices.

   (b) Decoders used for the detection of the EAS codes and receiving the
   Attention Signal must be Certified in accordance with the procedures in
   part 2, subpart J, of this chapter. The data and information submitted
   must show the capability of the equipment to meet the requirements of
   this part as well as the requirements contained in part 15 of this
   chapter for digital devices.

   (c) The functions of the EAS decoder, Attention Signal generator and
   receiver, and the EAS encoder specified in § § 11.31, 11.32 and 11.33
   may be combined and Certified as a single unit provided that the unit
   complies with all specifications in this rule section.

   (d) Manufacturers must include instructions and information on how to
   install, operate and program an EAS Encoder, EAS Decoder, or combined
   unit and a list of all State and county FIPS numbers with each unit
   sold or marketed in the U.S.

   (e) Waiver requests of the Certification requirements for EAS Encoders
   or EAS Decoders which are constructed for use by an EAS Participant,
   but are not offered for sale will be considered on an individual basis
   in accordance with part 1, subpart G, of this chapter.

   (f) Modifications to existing authorized EAS decoders, encoders or
   combined units necessary to implement the new EAS codes specified in
   § 11.31 and to implement the selective displaying and logging feature
   specified in § 11.33(a)(4) will be considered Class I permissive
   changes that do not require a new application for and grant of
   equipment certification under part 2, subpart J of this chapter.

   (g) All existing and new models of EAS encoders, decoders and combined
   units manufactured after August 1, 2003 must be capable of generating
   and detecting the new EAS codes specified in § 11.31 in order to be
   certified under part 2, subpart J of this chapter. All existing and new
   models of EAS decoders and combined units manufactured after August 1,
   2003 must have the selective displaying and logging capability
   specified in § 11.33(a)(4) in order to be certified under part 2,
   subpart J of this chapter.

   [ 59 FR 67092 , Dec. 28, 1994, as amended at  60 FR 56000 , Nov. 6, 1995;
    67 FR 18510 , Apr. 16, 2002;  70 FR 71034 , Nov. 25, 2005]