Sec.  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  Sec.  Sec. 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  Sec. 11.31 and to
   implement  the  selective  displaying and logging feature specified in
    Sec. 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  Sec. 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  Sec. 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]