§FMCSR.com
Historical textIn force on Oct. 1, 1999Source: annual CFR editions 1996–2000

§ 40.95 Quality assurance plans for non-evidential screening devices.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 1999 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1999 edition's wording. An amendment that took effect between Oct. 1, 1999 and Oct. 1, 1999 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.95 — Quality assurance plans for non-evidential screening devices.. Text in force on October 1, 1999. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1999 edition, https://www.govinfo.gov/app/details/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec40-95. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.95?asof=1999-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) In order to be used for alcohol screening tests subject to this part, a non-evidential screening device shall have an approved quality assurance plan (QAP) developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA).

(1) The plan shall designate the method or methods to be used to perform quality control checks; the temperatures at which the non-evidential screening device shall be stored and used, as well as other environmental conditions (e.g., altitude, humidity) that may affect the performance of the device; and, where relevant, the shelf life of the device.

(2) The QAP shall prohibit the use of any device that does not pass the specified quality control checks or that has passed its expiration date.

(b) The manufacturers’ instructions on or included in the package for each saliva testing device shall include directions on the proper use of the device, the time frame within which the device must be read and the manner in which the reading is made.

(c) The employer and its agents shall comply with the QAP and manufacturer's instructions for each non-evidential screening device it uses for alcohol screening tests subject to this Part.

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [73 FR 35970, June 25, 2008]
  2. Oct. 1, 2008 → May 2, 2023annual editions 2008–2016diff vs. previous
    [73 FR 35970, June 25, 2008]
  3. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007diff vs. previous
  4. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.