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NOTICES

Prearrest Breath Testing Devices

[38 Pa.B. 321]
[Saturday, January 12, 2008]

   The Department of Health (Department) is approving the following prearrest breath testing devices for determining the alcohol content of the blood by analysis of a person's breath as required by 28 Pa. Code §§ 5.101--5.104 (relating to equipment to determine blood alcohol content under the Vehicle Code and the Fish and Boat Code). This list of approved prearrest breath testing devices is adopted under the authority contained in the Motor Vehicle Code, 75 Pa.C.S. § 1547(k) (relating to chemical testing to determine amount of alcohol or controlled substance); the Fish and Boat Code, 30 Pa.C.S. § 5125(k) (relating to chemical testing to determine amount of alcohol or controlled substance); and the Game and Wildlife Code, 34 Pa.C.S. § 2502(j) (relating to chemical test to determine amount of alcohol).

   Devices approved under this notice may be used by police officers, waterways patrolmen and officers enforcing the Game and Wildlife Code in conducting preliminary alcohol content in blood determinations on persons suspected of driving, boating, hunting or furtaking, while under the influence of alcohol. The sole purpose of these testing devices is to assist the officer or patrolman in determining whether or not the person should be placed under arrest for violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance), for violation of 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance), for violation of 34 Pa.C.S. § 2501 (relating to hunting or furtaking prohibited while under influence of alcohol or controlled substance) or for any other criminal offense under the Vehicle Code, the Game and Wildlife Code or the Fish and Boat Code which involves operating a vehicle, hunting or furtaking while under the influence of alcohol.

   This notice contains devices that were included in the previous publication of this list, which appeared at 35 Pa.B. 2694 (April 30, 2005), and adds additional devices to that list.

   The National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation published model specifications for Screening Devices to Measure Alcohol in Bodily Fluids in the 59 FR 393820 (August 2, 1994). These specifications established performance criteria and methods for testing alcohol screening devices using either breath or other bodily fluids to measure blood alcohol content. NHTSA established these specifications to support State laws and the Federal Department of Transportation's workplace alcohol testing program. The Department has elected to use the NHTSA criteria for approving devices for the prearrest testing of a person's breath to determine the alcohol content of the person's blood.

   NHTSA published a conforming products list of alcohol screening devices at 72 FR 4559 (January 31, 2007). The breath testing devices included in this Federal approval list have been incorporated into the list in this notice. Since this list contains only these devices which test breath, items on the NHTSA list that test saliva or other bodily fluids are, therefore, not included in this notice.

   Some of the devices are listed under the name of more than one manufacturer. This is due to the fact that the name of the manufacturer has changed or the right to produce a device has been transferred to a different company. In those instances, the device is listed under the name of each company that was ever associated with the device to allow law enforcement agencies to continue using devices bearing the name of a previous manufacturer.

   Additionally, there are a number of handheld breath testing devices on the Department's list of approved evidentiary breath testing equipment that frequently are used as prearrest screening devices. Any device on this list of evidentiary breath testing equipment that was evaluated using the 1993 Model Specifications for Evidential Breath Testers (see 58 FR 48705) also fully meets the requirements of the Model Specifications for prearrest screening devices. Both procedures evaluate the performance of instruments at the 0.020 alcohol level. The most recent list of approved evidential breath alcohol testing devices was published at 37 Pa.B. 5435 (October 6, 2007).

   Questions regarding this list should be directed to Dr. M. Jeffery Shoemaker, Director, Division of Chemistry and Toxicology, Department of Health, Bureau of Laboratories, P. O. Box 500, Exton, PA 19341-0500, (610) 280-3464.

   Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact Dr. Shoemaker at the previously referenced address or phone number. Persons who are speech or hearing impaired may use V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TT).

AK Solutions, Inc., Palisades Park, NJ1
   Alcoscan AL-2500
   AlcoChecker
   AlcoKey
   AlcoMate
   AlcoMate Pro
   Alcoscan AL-5000
   Alcoscan AL-6000

Alco Check International, Hudsonville, MI
   
Alco Check 3000 D.O.T.
   Alco Check 9000

Akers Biosciences, Inc., Thorofare, NJ
   
Breath Alcohol RADICAL.02 Detection System2

Guth Laboratories, Inc., Harrisburg, PA
   
Alco-Tector Mark X
   Mark X Alcohol Checker
   Alcotector WAT89EC-1

Han International Co., Ltd., Seoul, Korea
   
A.B.I. (Alcohol Breath Indicator)3

PAS Systems International, Inc., Fredericksburg, VA
   
PAS Vr

Q3 Innovations, Inc., Independence, IA4
   AlcoHAWK Precision
   AlcoHAWK Slim
   AlcoHAWK Elite
   AlcoHAWK ABI
   AlcoHAWK Micro
   AlcoHAWK PRO

RepCo Marketing, Raleigh, NC
   
Alco Tec III

Seju Co. of Taejeon, Korea
   
Safe-Slim

SoundOff, Inc., Hudsonville, MI
   
Digitox D.O.T.

CALVIN B. JOHNSON, M. D., M.P.H.,   
Secretary

[Pa.B. Doc. No. 08-69. Filed for public inspection January 11, 2008, 9:00 a.m.]

_______

1 The AlcoMate was manufactured by Han International of Seoul, Korea, but marketed and sold in the US by AK Solutions.

2 The Breath Alcohol RADICAL.02 Detection System consists of a single-use disposable breath tube used in conjunction with an electronic analyzer that determines the test result. The electronic analyzer and the disposable breath tubes are lot specific and manufactured to remain calibrated throughout the shelf-life of the device. This screening device cannot be used after the expiration date.

3 Han International does not market or sell devices directly in the US market. Other devices manufactured by Han International are listed under AK Solutions, Inc. and Q3 Innovations, Inc.

4 The AlcoHAWK ABI is the same device as that listed under Han International as the ''ABI'' and is manufactured for Q3 Innovations by Han International. The AlcoHAWK PRO is the same device as the AlcoMate marketed and sold by AK Solutions, and also manufactured by Han International.



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