NIST Handbook 130 2014 (Final)

UNIFORM LAWS AND REGULATIONS IN THE AREAS OF LEGAL METROLOGY AND ENGINE FUEL QUALITYNIST Handbook

2014130

Uniform Laws and Regulationsin the areas of legal metrology and

engine fuel quality

as adopted by the 98thNational Conference on

Weights and Measures 2013

NIST Handbook

2014130

PeriodicalJournal of Research of the National Institute of Standards and TechnologyReports NIST research anddevelopment in metrology and related fields of physical science, engineering, applied mathematics, statistics,biotechnology, and information technology. Papers cover a broad range of subjects, with major emphasis onmeasurement methodology and the basic technology underlying standardization. Also included from time totime are survey articles on topics closely related to the Institutes technical and scientific programs. Issued sixtimes a year.

NonperiodicalsMonographsMajor contributions to the technical literature on various subjects related to the Institutesscientific and technical activities.HandbooksRecommended codes of engineering and industrial practice (including safety codes) developedin cooperation with interested industries, professional organizations, and regulatory bodies.Special PublicationsInclude proceedings of conferences sponsored by NIST, NIST annual reports, and otherspecial publications appropriate to this grouping such as wall charts, pocket cards, and bibliographies.National Standard Reference Data SeriesProvides quantitative data on the physical and chemicalproperties of materials, compiled from the worlds literature and critically evaluated. Developed under aworldwide program coordinated by NIST under the authority of the National Standard Data Act (Public Law90-396). NOTE:The Journal of Physical and Chemical Reference Data (JPCRD) is published bimonthly forNIST by the American Institute of Physics (AIP). Subscription orders and renewals are available from AIP, P.O.Box 503284, St. Louis, MO63150-3284.National Construction Safety Team Act ReportsThis series comprises the reports of investigations carriedout under Public Law 107-231, the technical cause(s) of the building failure investigated; any technicalrecommendations for changes to or the establishment of evacuation and emergency response procedures; anyrecommended specific improvements to building standards, codes, and practices; and recomendations forresearch and other approprate actions to help prevent future building failures.Building Science SeriesDisseminates technical information developed at the Institute on building materials,components, systems, and whole structures. The series presents research results, test methods, and performancecriteria related to the structural and environmental functions and the durability and safety characteristics ofbuilding elements and systems.Technical NotesStudies or reports which are complete in themselves but restrictive in their treatment of asubject. Analogous to monographs but not so comprehensive in scope or definitive in treatment of the subjectarea. Often serve as a vehicle for final reports of work performed at NIST under the sponsorship of othergovernment agencies.Voluntary Product StandardsDeveloped under procedures published by the Department of Commerce inPart 10, Title 15, of the Code of Federal Regulations. The standards establish nationally recognizedrequirements for products, and provide all concerned interests with a basis for common understanding of thecharacteristics of the products. NIST administers this program in support of the efforts of private-sectorstandardizing organizations.Order the following NIST publicationsFIPS and NISTIRsfrom the National Technical Information Service,Springfield, VA 22161.Federal Information Processing Standards Publications (FIPS PUB)Publications in this seriescollectively constitute the Federal Information Processing Standards Register. The Register serves as the officialsource of information in the Federal Government regarding standards issued by NIST pursuant to the FederalProperty and Administrative Services Act of 1949 as amended, Public Law 89-306 (79 Stat. 1127), and asimplemented by Executive Order 11717 (38 FR 12315, dated May 11, 1973) and Part 6 of Title 15 CFR (Codeof Federal Regulations).NIST Interagency or Internal Reports (NISTIR)The series includes interim or final reports onwork performed by NIST for outside sponsors (both government and nongovernment). In general, initialdistribution is handled by the sponsor; public distribution is handled by sales through the NationalTechnical Information Service, Springfield, VA 22161, in hard copy, electronic media, or microficheform. NISTIRs may also report results of NIST projects of transitory or limited interest, including thosethat will be published subsequently in more comprehensive form.

NISTTechnical Publications

Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality

as adopted by the 98th National Conference on Weights and Measures 2013

Editors:

Linda Crown David Sefcik Lisa Warfield Carol Hockert, Chief Office of Weights and Measures Physical Measurement Laboratory

U.S. Department of Commerce Penny Pritzker, Secretary

National Institute of

Standards and Technology Patrick D. Gallagher, Under Secretary of Commerce for

Standards and Technology and Director

NIST Handbook130 2014 Edition

Supersedes NIST Handbook 130, 2013 Edition

WASHINGTON: 2013

Certain commercial entities, equipment, or materials may be identified in this document in order to describe an experimental procedure or concept adequately. Such identification is not intended to imply recommendation or

endorsement by the National Institute of Standards and Technology, nor is it intended to imply that the entities, materials, or equipment are necessarily the best available for the purpose.

National Institute of Standards and Technology Handbook 130, 2014 Edition Natl. Inst. Stand. Technol. Handb. 130, 2014 Ed., 300 pages (October 2013)

CODEN: NIHAE2

iii

Foreword This handbook compiles the latest Uniform Laws and Regulations and related interpretations and guidelines adopted by the National Conference on Weights and Measures, Inc. (NCWM). At the 1983 Annual Meeting, the NCWM voted to change the title of Handbook 130 and the title of the Laws and Regulations compiled in this handbook. The former title of the handbook was Model State Laws and Regulations. Model State was to be changed to Uniform in the title to reflect that these Laws and Regulations are (a) intended to be standards rather than just guidelines, and (b) intended for adoption by political subdivisions other than states when deemed appropriate. This edition includes amendments approved at the 98th NCWM Annual Meetings in 2013. The NCWM recommends adoption and promulgation by weights and measures jurisdictions of these Uniform Laws and Regulations as updated in this handbook. The National Institute of Standards and Technology (NIST) has the statutory responsibility to promote cooperate with the states in securing uniformity in weights and measures laws and methods of inspection. In partial fulfillment of this responsibility, the Institute is pleased to publish these recommendations of the NCWM. This handbook promotes the primary use of the International System of Units (SI) by citing SI units before customary units where both units appear together, and by placing separate sections containing requirements for SI units before corresponding sections containing requirements for customary units. In some cases, however, trade practice is currently restricted to the use of customary units; therefore, some requirements in this handbook will continue to specify only customary units until the NCWM achieves a broad consensus on the permitted metric units.

You are invited to provide online feedback regarding this document at: https://www.surveymonkey.com/s/customer-satisfaction-pub or by e-mail to: [email protected].

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Committee Members

Committee on Laws and Regulations of the 98th Conference

Judy Cardin, Wisconsin *Raymond Johnson, New Mexico

Richard Lewis, Georgia Tim Lloyd, Montana

Louis Sakin, Towns of Hopkinton/Northbridge, Massachusetts

Associate Membership Committee Representative: Rob Underwood, Petroleum Marketers Association of America Fuels and Lubricants Subcommittee: Ron Hayes, Missouri

Packaging and Labeling Subcommittee: Christopher Guay, Procter and Gamble Canadian Technical Advisor: Lance Robertson, Measurement Canada

NIST Technical Advisors: Lisa Warfield, David Sefcik NIST Technical Advisor on the Uniform Regulation for National Type Evaluation: Tina Butcher

*Acting Chair for the NCWM Annual Meeting

vi

Past Chairmen of the Committee

Conference

Chairman

Conference

Chairman

41 G. H. Leithauser, MD

69

W. R. Mossberg, CA

42 F. M. Greene, CT

70

E. Skluzacek, MN

43 F. M. Greene, CT

71

D. Stagg, AL

44 G. L. Johnson, KY

72

A. Nelson, CT

45 R. Williams, NY

73

K. Simila, OR

46 J. H. Lewis, WA

74

K. Simila, OR

47 J. H. Lewis, WA

75

S. B. Colbrook, IL

48 J. H. Lewis, WA

76

A. Nelson, CT

49 J. H. Lewis, WA

77

B. Bloch, CA

50 L. Barker, WV

78

F. Clem, OH

51 L. Barker, WV

79

B. Bloch, CA

52 M. Jennings, TN

80

S. Rhoades, AZ

53 W. A. Kerlin, CA

81

L. Straub, MD

54 J. F. Lyles, VA

82

S. Millay, ME

55 J. F. Lyles, VA

83

K. Angell, WV

56 S. D. Andrews, FL

84

K. Angell, WV

57 S. D. Andrews, FL

85

S. Morrison, CA

58 S. D. Andrews, FL 86 R. Williams, TN

59 R. M. Leach, MI 87 P. DErrico, NJ

60 R. L. Thompson, MD 88 D. Johannes, CA

61 C. H. Vincent, Dallas, TX 89 D. Johannes, CA

62 C. H. Vincent, Dallas, TX 90 J. Gomez, NM

63 J. T. Bennett, CT 91 J. Benavides, TX

64 R. W. Probst, WI 92 J. Cassidy, MA 65 D. I. Offner, MO 93 Vicky Dempsey, OH 66 J. J. Bartfai, NY 94 Joe Gomez, NM 67

J. J. Bartfai, NY 95 Joe Benavides, TX

68 J. J. Bartfai, NY 96 John Gaccione, NY

97 Judy Cardin, WI

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Table of Contents Page Foreword.......................................................................................................................................................................iii Committee Members ..................................................................................................................................................... v Past Chairmen of the Committee .................................................................................................................................. vi 2013 Amendments ........................................................................................................................................................ ix 2013 Editorial Changes ................................................................................................................................................ xi I. Introduction ............................................................................................................................................................ 1 A. Source .............................................................................................................................................................. 1 B. Purpose ............................................................................................................................................................ 1 C. Amendments.................................................................................................................................................... 1 D. Submission of Agenda Items Preamble ........................................................................................................ 1 E. Submission Process ......................................................................................................................................... 2 F. Procedures ....................................................................................................................................................... 2 G. Criteria for Inclusion in the Committees Agenda .......................................................................................... 2 H. Exceptions to Policy for Submission of Items to the Committee Agenda; Submission of Priority

Items ................................................................................................................................................................ 3 I. Committee Agenda .......................................................................................................................................... 4 J. Interim Meeting ............................................................................................................................................... 4 K. Interim Meeting Report ................................................................................................................................... 4 L. Classifications for Agenda Items ..................................................................................................................... 4 M. Comments on Interim Reports ........................................................................................................................ 5 N. Annual Meeting ............................................................................................................................................... 5 O. Final Committee Reports and Conference Action ........................................................................................... 5 P. Revisions to Handbook ................................................................................................................................... 6 Q. Annotations ..................................................................................................................................................... 6 R. Effective Enforcement Dates of Regulations .................................................................................................. 6 S. Section References .......................................................................................................................................... 6 T. The International System of Units ................................................................................................................... 6 U. Mass and Weight ...................................................................................................................................... 7 V. Use of the Terms Mass and Weight ......................................................................................................... 7 Form 15: Proposal to Amend Handbooks ............................................................................................................. 8 II. Uniformity of Laws and Regulations ..................................................................................................................... 9 A. National Conference Goal ............................................................................................................................... 9 B. Status of Promulgation .................................................................................................................................... 9 C. Summary of State Laws and Regulations in Weights and Measures............................................................... 9 III. Uniform Laws ....................................................................................................................................................... 15 A. Uniform Weights and Measures Law ............................................................................................................ 17 B. Uniform Weighmaster Law ........................................................................................................................... 33 C. Uniform Engine Fuels and Automotive Lubricants Inspection Law ............................................................. 45 IV. Uniform Regulations ............................................................................................................................................. 53 A. Uniform Packaging and Labeling Regulation ............................................................................................... 55 B. Uniform Regulation for the Method of Sale of Commodities ..................................................................... 101 C. Uniform Unit Pricing Regulation ................................................................................................................ 139

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D. Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices .......................................................................................... 145

E. Uniform Open Dating Regulation ............................................................................................................... 153 F. Uniform Regulation for National Type Evaluation ..................................................................................... 161 G. Uniform Engine Fuels and Automotive Lubricants Regulation .................................................................. 169 V. Examination Procedure for Price Verification.................................................................................................... 193 VI. NCWM Policy, Interpretations, and Guidelines, Section 2 ................................................................................ 225 Index .......................................................................................................................................................................... 279

Handbook 130 2014 Amendments/Editorial Changes

ix

2013 Amendments

The following table lists the laws and regulations amended by the 98th (2013) National Conference on Weights and Measures (NCWM). As appropriate, the text on the cited pages indicates the changes to the law or regulation, section, or paragraph as Added 2013 or Amended 2013. Unless otherwise noted, the effective date of the regulations added or amended in 2013 is January 1, 2014.

Law or Regulation L&R

Committee Item No.

Section Action Page

Introduction BOD Item 120-4

L. Classification for Agenda Items Amended 4 M. Developing Items Deleted and

renumbered remaining items

5 to 7

Uniform Weights and Measures Law 221-1

Section 1. Definitions 1.14. Calibration

Amended 22

1.15. Metrological Traceability Amended 22 1.16. Measurement Uncertainty Amended 22 1.19. Standard, Reference Measurement Amended 23 1.20. Standard, Reference Measurement Amended 23 1.21. Standard, Working Measurement Added 23 1.22. Metrological Traceability to a Measurement Unit

Added 23

Uniform Regulation for the Method of Sale of

Commodities

232-3

2.33. Oil Amended 133 2.33.1.5. Tank Trucks or Rail Cars Amended 134 2.33.1.6. Documentation Added 134 Reference to enforceable date effective July 1, 2013

Deleted

232-5 2.34. Retail Sales of Electricity Sold as a Vehicle Fuel Added 134 to 136

Uniform Engine Fuels and Automotive Lubricants

Regulation 237-5

3.13. Oil Amended 186 3.13.1.5. Tank Trucks or Rail Cars Amended 187 3.13.1.6. Documentation Added 187 Reference to enforcement date effective July 1, 2013

Deleted

Amendments/Editorial Changes Handbook 130 2014

x

2013 Editorial Changes

Law or Regulation Section Action Page Introduction Note 1 Updated references 7

II. Uniformity of Laws and Regulations

C. Summary of State Laws and Regulations in Weights and Measures (as of August 1, 2013)

Updated tables and tallies.

10 to 13

Uniform Weights and Measures Law

Note 1 Updated references 23

Uniform Weighmaster Law Note 1 Updated reference 39

Uniform Packaging and Labeling Regulation

Note 1 Updated reference 61

B. Uniform Regulation for the Method of Sale of

Commodities

Note 2 Updated reference 109

2.10.3. Quantity. Table 1. Softwood Lumber Sizes

Added additional lumber sizes 121

2.33.1.4. Engine Service Category

Replaced met with displayed 134

B. Uniform Weighmaster Law

Note 1 Updated references 39

Uniform Engine Fuels and Automotive Lubricants

Regulation

3.13.1.4. Engine Service Category

Replaced met with displayed 187

Handbook 130 2014 Introduction

1

I. Introduction

A. Source The Uniform Laws and Regulations1 in this handbook comprise all of those adopted by the National Conference on Weights and Measures, Inc. (NCWM). The NCWM is supported by the National Institute of Standards and Technology (NIST), which provides its Executive Secretary and publishes its documents. NIST also develops technical publications for use by weights and measures agencies; these publications may subsequently be endorsed or adopted by the NCWM. The NCWM Committee on Laws and Regulations (the Committee), acting at the request of NCWM or upon its own initiative, prepares with the technical assistance of the National Institute of Standards and Technology (NIST), proposed amendments or additions to the material adopted by NCWM (see Paragraph C). Such revisions, amendments, or additions are then presented to NCWM as a whole where they are discussed by weights and measures officials and representatives of interested manufacturers, industries, consumer groups, and others. Eventually the proposals of the Committee, which may have been amended from those originally presented, are voted upon by the weights and measures officials, following the voting procedures in the NCWM Bylaws. A national consensus is required on all items adopted by the NCWM. A Uniform Law or Regulation is adopted when a majority of the states representatives, and other voting delegates favoring such adoption, vote for approval. All of the Uniform Laws and Regulations given herein are recommended by NCWM for adoption by states when reviewing or amending their official laws and regulations in the areas covered. A similar recommendation is made with regard to the local jurisdictions within a state in the absence of the promulgation of such laws and regulations at the state level.

B. Purpose The purpose of these Uniform Laws and Regulations is to achieve, to the maximum extent possible, uniformity in weights and measures laws and regulations among the various states and local jurisdictions in order to facilitate trade between the states, permit fair competition among businesses, and provide uniform and sufficient protection to all consumers in commercial weights and measures practices.

C. Amendments The Committee on Laws and Regulations of NCWM serves as a mechanism for consideration of amendments or additions to the Uniform Laws and Regulations.

D. Submission of Agenda Items Preamble NCWM Bylaws require that its officers and committees observe the principles of due process for the protection of the rights and interests of affected parties. Specifically, it requires that the committees and officers: (a) give reasonable advance notice of contemplated studies, items to be considered for action, and tentative or definite recommendations for conference vote, and (b) provide that all interested parties have an opportunity to be heard.

1 When referring to the Uniform Laws and Regulations in Handbook 130, Laws and Regulations will be capitalized. When referring to general federal or state laws and regulations, no capitalization will be used.

Introduction Handbook 130 2014

2

E. Submission Process Anyone introducing an item to the Committee must initially use the regional weights and measures associations to consider its merits. Using the regional associations ensures discussion and evaluation of items at the grassroots level by involving the regional members in the development, evaluation, and justification of proposals. The regions include the Central, Northeastern, Southern, and Western Weights and Measures Associations. For information on the regional associations, visit www.ncwm.net. To submit a proposal to a regional association, obtain Form 15: Proposal to Amend Handbooks at www.ncwm.net or by contacting NCWM via email at [email protected]. Complete the form and submit it electronically in Microsoft Word format to NCWM at [email protected] and copy the Executive Secretary at [email protected]. An example of the Form 15 template is provided at the end of this section. Instructions for completing the form are included with the electronic version of this template. To ensure that your proposal is included on the regional meeting agenda, submit at least two weeks in advance of the fall regional meeting. Regional meeting schedules are available on the NCWM website.

F. Procedures The NCWM Committee will consider items according to the following procedures:

1. NCWM Committees receive new items from regional associations, National Type Evaluation Technical Committees (Sectors), task groups, and subcommittees and as defined in Sections H and I. All items to be considered by the Committee for action at the upcoming Interim Meeting must be submitted electronically in Microsoft Word format to NCWM by November 1.

2. NCWM will ensure that all committee members and technical advisors receive complete copies of all new

items for consideration at the upcoming NCWM Interim Meeting.

G. Criteria for Inclusion on the NCWM Committees Agenda

1. Any item approved by at least one regional association and received by the November 1 deadline will be automatically placed on the Committees Interim Meeting agenda.

2. Items that have not been approved by a regional association, but which are received by November 1, will

be evaluated by the Committee using the criteria in Section H, Exceptions to Policy, and Section I, Committee Agenda.

3. Any proposal received after the November 1 deadline, but prior to the Interim Meeting, will be evaluated

by the Committee according to Section H, Exceptions to Policy and Section I, Committee Agenda. Only those items determined to be a national priority will be included on its agenda.

4. Proposals must be in writing and must include:

a. a concise statement of the item or problem outlining the purpose and national need for its

consideration. An electronic copy of the background material and proposed amendment(s) should be submitted in a Microsoft Word format on a CD ROM, DVD, or by electronic mail sent to [email protected];

b. background material, including test data, analysis of test data, or other appropriately researched and

documented material for the Committee to evaluate when deciding its position or future activity on the proposal;

c. proposed solutions to problems stated in specific language and in amendment form as changes to

Conference documents; and


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d. if a proposal involves a new area of weights and measures activity; practical, realistic, and specific

recommendations for laws or regulations to be adopted and test methods to be utilized to provide for proper enforcement.

When proposals are to modify or add requirements to existing publications, such as Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, or Handbook 133, Checking the Net Content of Packaged Goods, the proposal should:

1) identify the pertinent portion, section, and paragraph of the existing publication that would be

changed (e.g., Uniform Method of Sale of Commodities Regulation, Section 8.2, paragraph (b)); 2) provide evidence of consistency with other NCWM publications such as with other uniform laws

and regulations; 3) provide evidence of consistency with federal laws and regulations (e.g., U.S. Department of

Agriculture [USDA] or Federal Trade Commission [FTC] regulations); and 4) relay the positions of businesses, industries, or trade associations affected by the proposal

including supporting and opposing points of view.

H. Exceptions to Policy for Submission of Items to the NCWM Committee Agenda; Submission of Priority Items

The Committee will use the following criteria to evaluate items that have not been approved by a regional association, but have been received by the November 1 deadline. If an item is received after the November 1 deadline, it will be included on the agenda if the Committee determines that it is a national priority. Criteria for Inclusion on the Committees Agenda When No Regional Association Has Approved the Item.

1. Items must have significant legal impact on weights and measures laws and/or regulations involving:

a. court cases/attorney general opinions; or

b. preemption by federal statute or regulation; or c. conflicts with international standards; or d. items which could affect health and safety.

2. The Committee may contact parties that are potentially affected by an item (e.g., trade associations,

industry, and consumer groups) for comments. The Committee may consider these comments and any other information in determining if the item should be included on its agenda.

3. When the Committee determines that it should consider an item as a priority (using the criteria in 1.), the

item will be handled in the following manner:

a. A priority item received prior to the Interim Meeting may be added to the Interim Meeting agenda by a majority vote of the Committee.

b. A priority item received after the Interim Meeting may be added to the Committees Annual Meeting

agenda as:

1) a discussion item by a majority vote of the Committee; or


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2) as a voting item by a majority vote of the Committee and the NCWM Board of Directors.

I. Committee Agenda

1. The Committee will review items that have been submitted and selected by a majority vote to be included on its agenda. The Committee will only include those items that have been:

a. approved by at least one of the regional associations; or b. forwarded by other committees, subcommittees, NTETC Sectors, task forces, or work groups, or those

items that meet the criteria in Section H, Exceptions to Policy. 2. The Committee will publish an agenda (NCWM Publication 15) that identifies the items to be discussed

during the Interim Meeting. This agenda will be distributed to members approximately 30 days prior to the meeting. The agenda will be provided upon request to all other interested parties.

(Amended 1998)

J. Interim Meeting

1. The Committee shall hold public hearings at the Interim Meeting for the purpose of discussing and taking comments on all agenda items.

2. Upon request, the Committee will provide the opportunity for presentations by government officials,

industry representatives, consumer groups, or other interested parties during the Interim Meeting. Requests to make presentations must be received by the Committee Chairman or Technical Advisor at least two weeks prior to the start of the meetings.

K. Interim Meeting Report

1. Items under consideration by the Committee, and about which the Committee offers comments or recommendations to NCWM to act upon during the Annual Meeting, will be included in the Committees Interim Report published in the Annual Meeting Program and Committee Reports (NCWM Publication 16).

2. The Annual Meeting Program and Committee Reports will be prepared and distributed to Conference

members approximately three months prior to the NCWM Annual Meeting.

L. Classifications for Agenda Items At the Interim Meeting, the Committee can classify proposals in one of three ways as:

1. Voting These are items the Committee believes are fully developed and ready for final consideration of the voting membership. Each item has either received majority support from the Committee or the Committee has reached agreement that it is ready for voting status to let NCWM membership decide. The Committee has the ability to remove items from the voting agenda at the Annual Meeting by changing the status prior to a vote of the NCWM membership. The Committee may amend voting items during the course of the Annual Meeting based on additional information received following the Interim Meeting and testimony received at the Annual Meeting. These items may also be amended by the voting membership during the voting session of the Annual Meeting following the procedures outlined in the NCWM Bylaws; or

2. Informational These items are deemed by the Committee to have merit. They typically contain a

proposal to address the issue at hand and a meaningful background discussion for the proposal. However, the Committee wants to allow more time for review by stakeholders and possibly further development to


5

address concerns. The Committee has taken the responsibility for any additional development of Informational items. For particularly difficult items, the Committee may assign the item to an existing Subcommittee under its charge or request that the NCWM Chair appoint a special task group that reports to the Committee. At the Annual Meeting, the Committee may change the status of the items, but not to Voting status because the item has not been published as such in advance of the meeting; or

3. Developing These items are deemed by the Committee to have merit, but are found to be lacking

enough information for full consideration. Typically the item will have a good explanation of the issue, but a clear proposal has yet to be developed. By assigning Developing status, the Committee has sent the item back to the source or assigned it to some other entity outside the scope of the Committee with the responsibility of further development. The Committee Report will provide the source with clear indication of what is necessary to move the item forward for full consideration. The item will be carried in the Committee agenda in bulletin board fashion with contact information for the person or organization that is responsible for the development. Since the Committee is not required to receive testimony on developing items, this status should be carefully implemented so as not to weaken the standards development process; or

4. Withdrawn These are items that the Committee has found to be without merit. The Committee's determination to withdraw should not be based on the Committee's opinion alone, but on the input received from stakeholders. The Committee's report will contain an explanation for the withdrawal of the item. Once an item appears in NCWM Publication 16 as Withdrawn, the status of that item may not be amended. The item may be reintroduced through the regional associations for consideration as a new item.

(Amended 2013)

M. Comments on Interim Reports

1. Weights and measures officials, industry representatives, and all others are encouraged to submit written comments on items in the Committees Interim Report.

2. All comments on the Interim Meeting Report must be submitted to the Committee with a copy to the

Executive Secretary no later than one month preceding the opening of the Annual Meeting.

N. Annual Meeting

1. The Committee will hold a public hearing at the Annual Meeting to discuss items on its agenda. 2. Those who want to speak on an item during the public hearing should request time from the Committee

Chairman. The Committee Chairman may impose time limits on presentations, the discussion of a question, or the discussion of a proposed amendment.

O. Final Committee Reports and Conference Action

1. Following the public hearings, the Committee will prepare its final report for action by the voting membership of the Conference. Copies of the final report will be provided to the membership prior to the voting session for that report.

2. The Chairman of the Committee will present the final report of the Committee to the Conference body. A

vote will be taken on items, proposals, or sections in the report as circumstances require. The Conference will vote on the entire final report as presented in accordance with established Conference voting procedures. Parliamentary procedures according to Roberts Rules of Order, as amended by NCWM Bylaws, must be adhered to in the presentation of, and any action on, a Standing Committee report. (Amended 1998)


6

P. Revisions to the Handbook NIST may not publish a new edition if it determines that it is reasonable to forego an annual publication (e.g., amendments were minor or editorial in nature) to save printing, mailing, and other costs. If this occurs, NIST will issue a notice that the current edition is still valid and will explain its action. (Note: Section numbering may be changed from one edition of the handbook to another to accommodate additions or deletions.) (Amended 2008)

Q. Annotation Beginning in 1971, amendments or additions to sections in the Uniform Laws and Regulations are delineated at the end of each section (e.g., amended 1982) as a service to those states that are planning to update their own laws or regulations. The references to each revision and the year will enable legislators and rule makers to study the actual wording and rationale for changes (appearing in the Annual Report of NCWM for that year) and subsequently adopt changes in their own laws and regulations, modeling them after the Uniform Laws and Regulations.

R. Effective Enforcement Dates of Regulations Unless otherwise specified, the new or amended regulations listed in this section are intended to become effective and subject to enforcement on January 1 of the year following adoption by NCWM.

1. Uniform Packaging and Labeling Regulation 2. Uniform Regulation for the Method of Sale of Commodities 3. Uniform Unit Pricing Regulation 4. Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for

Commercial Weighing and Measuring Devices 5. Uniform Open Dating Regulation 6. Uniform Regulation for National Type Evaluation 7. Uniform Regulation for Engine Fuels, Petroleum Products, and Automotive Lubricants

(Added 1992)

S. Section References In most references made to specific sections or subsections in this handbook, the word Section is used, followed by the section number.

T. The International System of Units The International System of Units, SI, or SI Units means the modernized metric system as established in 1960 by the General Conference on Weights and Measures (GIPM). In 1988, Congress amended the Metric Conversion Act of 1975 (see Section 5164 of Public Law 100-418) to declare that it is the policy of the United States to designate the metric system of measurement as the preferred measurement system for U.S. trade and commerce, and it further defined the metric system of measurement to be the International System as established by the GIPM and as interpreted or modified for the United States by the Secretary of Commerce. [See Metric Conversion Law 15 U.S.C. 205, NIST Special Publication 330 The International System of Units (SI); NIST Special Publication 814 Metric System of Measurement; and, Interpretation of the International System of Units for the United States in Federal Register of May 16, 2008, (Federal Register Vol. 73, No. 96) or subsequent revisions]. In


7

1992, Congress amended the Federal Fair Packaging and Labeling Act to require certain consumer commodities to include the appropriate SI units along with the customary inch-pound units in their quantity statements. (Added 1993) (Revised 2008)

U. Mass and Weight. [NOTE 1, page 7] The mass of an object is a measure of the objects inertial property, or the amount of matter it contains. The weight of an object is a measure of the force exerted on the object by gravity, or the force needed to support it. The pull of gravity on the earth gives an object a downward acceleration of about 9.8 m/s2. In trade and commerce and everyday use, the term weight is often used as a synonym for mass. The net mass or net weight declared on a label indicates that the package contains a specific amount of commodity exclusive of wrapping materials. The use of the term mass is predominant throughout the world, and is becoming increasingly common in the United States. (Added 1993) V. Use of the Terms Mass and Weight. [NOTE 1, page 7] When used in this handbook, the term weight means mass. The term weight appears when inch-pound units are cited, or when both inch-pound and SI units are included in a requirement. The terms mass or masses are used when only SI units are cited in a requirement. The following note appears where the term weight is first used in a law or regulation. NOTE 1: When used in this law (or regulation), the term weight means mass. (See paragraphs U. Mass and Weight and V. Use of the Terms Mass and Weight in Section I. Introduction of NIST Handbook 130 for an explanation of these terms.) (Added 1993)


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National Conference on Weights and Measures / National Type Evaluation Program

Form 15: Proposal to Amend Handbooks

General Information (See Instructions) 1. Date: 2. Regional Association(s): 3. Standing Committee: Central (CWMA) Northeastern (NEWMA) Southern (SWMA) Western (WWMA) L&R S&T PDC 4. Submitter Name:

5. Street Address:

6. City: 7. State: 8. Zip Code: 9. Country: 10. Phone Number: 11. Fax Number: 12. E-mail Address: Proposal Information (See Instructions) 13. Purpose:

14. Handbook to be Amended:

NIST Handbook 44 NIST Handbook 130 NIST Handbook 133 Section: Paragraph:

15. Proposal:

16. Justification:

17. Other Contacts:

18. Other Reasons For:

19. Other Reasons Against:

20. Evidence:

21. Additional Considerations:

22. Suggested Action: Recommend NCWM Adoption Developing Item Informational Item Other (Please Describe):

23. List of Attachments:

For Regional Use Only Comments:

Submit Form Via Email to [email protected]: Revised: February 2011 1135 M Street, Suite 110 / Lincoln, Nebraska 68508 P. 402.434.4880 F. 402.434.4878 E. [email protected] W. www.ncwm.net

Handbook 130 2014 Uniformity of Laws and Regulations

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II. Uniformity of Laws and Regulations

A. National Conference Goal The goal of the National Conference on Weights and Measures (NCWM) with respect to these Uniform Laws and Regulations is to achieve their acceptance in all states and local jurisdictions that have authority over such matters. The Conference stands ready to assist any jurisdiction in any way possible in securing adoption.

B. Status of Promulgation The following pages list, by state, information regarding the adoption of the Uniform Laws and Regulations. The tabulated data indicates if the state has adopted the Uniform Law or Regulation by reference, including subsequent amendments (thereby operating under the most recent version of the recommended regulation in this handbook), or if the state has used some version of the NCWM recommended law or regulation as guidance in developing a similar law or regulation. The information is verified with each state annually; the entries represent the status of the state adoption at the time of the survey. Unless a state adopts the recommended regulations and subsequent amendments and revisions, there may be variation in the actual degree of adoption. Adoption, implementation, and clarification may be determined by comparing a state law with the Uniform Law, section-by-section, or by contacting the state. (Amended 1997 and 1998)

C. Summary of State Laws and Regulations in Weights and Measures (as of August 1, 2013)

This is an overview of the status of adoption of NCWM standards by the states. In earlier editions of Handbook 130, state laws and regulations were compared to the NCWM standard from the prior year. This did not indicate whether the standard as printed in the current edition had been adopted by any given state. The table lists those states that adopt NCWM-recommended updates automatically (YES); see Sections 4 through 10 and paragraph 12(m) of the Uniform Weights and Measures Law. This means the states regulations are current with those printed in this edition of the handbook. If a state has adopted an NCWM recommendation in whole or in part from a particular year, but updates are not incorporated automatically, a lower case yes is shown. For additional information on the status of adoption, please contact the appropriate state officials.

Uniformity of Laws and Regulations Handbook 130 2014

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Laws Regulations

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Alabama yes yes yes yes yes YES NO yes NO yes yes* YES YES

Alaska yes NO NO YES YES yes* NO yes NO yes NO YES yes

Arizona yes yes yes* yes yes yes NO yes no yes yes* YES YES

Arkansas YES NO YES YES YES YES YES YES YES YES YES YES YES

California yes yes* yes* YES yes* yes* yes* yes* NO yes yes* YES YES

Colorado yes yes yes* yes yes YES NO yes NO YES yes* YES YES

Connecticut yes yes yes* YES YES YES yes* yes* YES yes yes YES YES

Delaware yes yes yes* yes yes yes no yes* no yes yes* YES YES

District of Columbia yes yes NO yes yes no NO NO yes* no NO yes no

Florida yes NO yes* yes yes yes yes* yes yes* no yes* yes yes

Georgia yes yes yes* yes yes YES NO yes yes* yes yes* YES YES

Hawaii yes yes yes* yes yes YES yes yes NO yes yes* yes yes

Idaho yes yes yes* yes yes YES no yes NO yes yes* YES yes

Illinois yes NO yes* YES YES NO NO yes NO yes yes YES YES

Indiana yes yes* yes* yes yes NO NO NO NO yes yes* yes yes

Iowa yes yes* yes* yes yes YES NO yes* NO yes yes* yes yes

Kansas yes NO yes yes yes YES NO yes NO yes yes yes yes

Key: YES Adopted and updated on an annual basis. yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year. yes* Law or regulations in force, but not based on NCWM standard. NO No law or regulation. no No law or regulation, but NCWM standard is used as a guideline.


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Laws Regulations

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Kentucky yes NO yes* yes yes YES NO Yes* NO yes yes* YES yes

Louisiana yes* yes* yes* yes* NO YES no yes* NO yes* yes* YES no

Maine yes yes yes* YES YES YES NO yes NO yes YES YES no

Maryland yes NO yes* YES yes YES yes* yes* yes* yes yes* YES YES

Massachusetts yes* yes* yes* yes yes* YES yes* NO NO yes yes* YES no

Michigan yes yes yes yes yes NO NO yes yes yes yes* yes yes

Minnesota yes NO yes* yes* yes* NO NO yes* yes* yes yes* yes yes

Mississippi yes yes yes* yes yes YES yes yes NO yes yes* YES YES

Missouri yes NO yes YES YES YES no yes NO YES yes YES YES

Montana yes NO yes yes yes NO yes yes NO yes yes yes yes

Nebraska yes NO NO yes yes yes* NO yes NO yes* NO yes yes

Nevada yes yes yes* YES YES YES YES YES YES YES yes* YES YES

New Hampshire yes yes* NO YES YES YES YES yes* yes* no no YES YES

New Jersey yes yes yes* yes yes yes* yes* yes* NO yes* NO YES NO

New Mexico yes yes yes* yes yes YES NO yes yes* NO yes* YES YES

New York yes yes yes* yes yes YES yes* NO NO yes yes* YES YES

North Carolina yes yes* yes* YES YES YES NO yes NO yes yes* YES YES Key: YES Adopted and updated on an annual basis. yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year. yes* Law or regulations in force, but not based on NCWM standard. NO No law or regulation. no No law or regulation, but NCWM standard is used as a guideline.


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Laws Regulations

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North Dakota YES NO NO NO yes* NO NO yes* NO NO yes* yes* NO

Ohio yes NO NO yes yes YES NO yes NO yes NO YES YES

Oklahoma YES NO yes* YES YES yes* NO yes* YES YES yes* YES YES

Oregon yes NO yes* yes yes yes yes* NO yes* yes yes yes yes

Pennsylvania yes yes NO yes yes yes NO yes NO YES NO YES YES

Puerto Rico yes yes yes* yes yes* yes* yes* yes yes* yes yes* YES YES

Rhode Island no no yes* yes* YES no yes* NO yes* no no YES No

South Carolina yes yes* yes* YES YES yes NO YES NO YES yes* YES YES South Dakota yes NO yes yes yes yes NO yes yes yes yes yes yes

Tennessee yes yes yes YES YES YES NO yes NO YES yes YES YES

Texas yes yes* yes* YES YES yes* NO yes NO NO yes* YES YES

Utah yes NO yes* YES YES YES NO yes NO YES yes YES YES

Vermont yes* yes yes* YES YES YES yes* yes NO no NO YES No

Virginia yes* yes* YES YES YES YES YES yes* NO yes* YES YES YES Virgin Islands yes NO yes* yes NO NO yes NO yes NO yes YES No

Washington yes yes yes YES YES YES NO yes yes yes yes YES YES West Virginia YES NO YES YES YES YES YES YES YES YES YES YES YES Key: YES Adopted and updated on an annual basis. yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year. yes* Law or regulations in force, but not based on NCWM standard. NO No law or regulation. no No law or regulation, but NCWM standard is used as a guideline.


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Wisconsin yes* NO yes* yes YES YES NO yes* NO YES yes* YES YES

Wyoming yes NO yes* yes* no YES no yes no YES yes* YES YES Totals: YES yes yes* NO no

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30 14 0 2 7

Key: YES Adopted and updated on an annual basis. yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year. yes* Law or regulations in force, but not based on NCWM standard. NO No law or regulation. no No law or regulation, but NCWM standard is used as a guideline.


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Handbook 130 2014 Uniform Laws

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III. Uniform Laws Page A. Uniform Weights and Measures Law ................................................................................................................... 17

B. Uniform Weighmaster Law .................................................................................................................................. 33

C. Uniform Engine Fuels and Automotive Lubricants Inspection Law .................................................................... 45

Uniform Laws Handbook 130 2014

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Handbook 130 2014 Uniform Weights and Measures Law

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A. Uniform Weights and Measures Law

as adopted by The National Conference on Weights and Measures*

1. Background Recognition of the need for uniformity in weights and measures laws and regulations among the states was first noted at the second Annual Meeting of the National Conference on Weights and Measures (NCWM) in April 1906. In the following year, basic outlines of a Model State Weights and Measures Law were developed. The first Model Law, as such, was formally adopted by the Conference in 1911. Through the years, almost without exception, each state has relied upon the NCWM Weights and Measures Law when the state first enacted comprehensive weights and measures legislation. This has led to a greater degree of uniformity in the basic weights and measures requirements throughout the country. The original Law was regularly amended to provide for new developments in commercial practices and technology. This resulted in a lengthy and cumbersome document and the need for a simplification of the basic weights and measures provisions. The 1971 NCWM adopted a thoroughly revised, simplified, modernized version of the Model State Weights and Measures Law. This Law now can serve as a framework for all the many concerns in weights and measures administration and enforcement. The title of the Law was changed by the 1983 NCWM. Amendments or revisions to the Law since 1971 are noted at the end of each section. Sections 4 through 10 of the Uniform Weights and Measures Law adopt NIST Handbook 44 and the Uniform Regulations in NIST Handbook 130 by citation. In addition, these sections adopt supplements to and revisions of Handbook 44 and the Uniform Regulations except insofar as modified or rejected by regulation. Some state laws may not permit enacting a statute that provides for automatic adoption of future supplements to or revisions of a Uniform Regulation covered by that statute. If this should be the case in a given state, two alternatives are available:

(a) Sections 4 through 10 may be enacted without the phrase . . . and supplements thereto or revisions thereof . . .; or

(b) Sections 4 through 10 may be enacted by replacing . . . except insofar as modified or rejected by

regulation . . . with the phrase . . . as adopted, or amended and adopted, by rule of the director. Either alternative requires action on the part of the Director to adopt a current version of Handbook 44 and each Uniform Regulation each time a supplement or revision is made by the NCWM.

2. Status of Promulgation See the table beginning on page 10, Section II. Uniformity of Laws and Regulations of Handbook 130 for the status of adoption of the Uniform Weights and Measures Law. *The National Conference on Weights and Measures (NCWM) is supported by National Institute of Standards and Technology (NIST) in partial implementation of its statutory responsibility for cooperation with the states in securing uniformity in weights and measures laws and methods of inspection.

Uniform Weights and Measures Law Handbook 130 2014

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19


Table of Contents Section Page

Section 1. Definitions ................................................................................................................................................. 21

1.1. Weight(s) and (or) Measure(s). .................................................................................................................. 21 1.2. Weight. ....................................................................................................................................................... 21 1.3. Correct. ....................................................................................................................................................... 21 1.4. Director. ..................................................................................................................................................... 21 1.5. Person. ........................................................................................................................................................ 21 1.6. Sale from Bulk. .......................................................................................................................................... 21 1.7. Package. ..................................................................................................................................................... 21 1.8. Net Mass or Net Weight. ..................................................................................................................... 21 1.9. Random Weight Package. .......................................................................................................................... 21 1.10. Standard Package. ...................................................................................................................................... 22 1.11. Commercial Weighing and Measuring Equipment. ................................................................................... 22 1.12. Standard, Field. .......................................................................................................................................... 22 1.13. Accreditation. ............................................................................................................................................. 22 1.14. Calibration. ................................................................................................................................................. 22 1.15. Metrological Traceability. .......................................................................................................................... 22 1.16. Measurement Uncertainty. ......................................................................................................................... 22 1.17. Verification. ............................................................................................................................................... 22 1.18. Recognition. ............................................................................................................................................... 22 1.19. Standard, Reference Measurement. ............................................................................................................ 23 1.20. Standard, Working Measurement. .............................................................................................................. 23 1.21. Metrological Traceability Chain. ............................................................................................................... 23 1.22. Metrological Traceability to a Measurement Unit. ...................................................................................... 23

Section 2. Systems of Weights and Measures ............................................................................................................ 23

Section 3. Physical Standards ..................................................................................................................................... 23

Section 4. Technical Requirements for Weighing and Measuring Devices ................................................................ 24

Section 5. Requirements for Packaging and Labeling ................................................................................................ 24

Section 6. Requirements for the Method of Sale of Commodities ............................................................................. 24

Section 7. Requirements for Unit Pricing ................................................................................................................... 24

Section 8. Requirements for the Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices ................................................................................................................................. 24

Section 9. Requirements for Open Dating .................................................................................................................. 25

Section 10. Requirements for Type Evaluation .......................................................................................................... 25

Section 11. State Weights and Measures Division ..................................................................................................... 25

Section 12. Powers and Duties of the Director ........................................................................................................... 25

Section 13. Special Police Powers .............................................................................................................................. 27

Section 14. Powers and Duties of Local Officials ...................................................................................................... 28


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Section 15. Misrepresentation of Quantity ................................................................................................................. 28

Section 16. Misrepresentation of Pricing .................................................................................................................... 28

Section 17. Method of Sale ......................................................................................................................................... 28

Section 18. Sale from Bulk ......................................................................................................................................... 28

Section 19. Information Required on Packages .......................................................................................................... 29

Section 20. Declarations of Unit Price on Random Weight Packages ........................................................................ 29

Section 21. Advertising Packages for Sale ................................................................................................................. 29

Section 22. Prohibited Acts ........................................................................................................................................ 30

Section 23. Civil Penalties .......................................................................................................................................... 30

23.1. Assessment of Penalties. ............................................................................................................................ 30 23.2. Administrative Hearing. ............................................................................................................................. 30 23.3. Collection of Penalties. .............................................................................................................................. 30

Section 24. Criminal Penalties .................................................................................................................................... 30

24.1. Misdemeanors............................................................................................................................................. 30 24.2. Felonies. ..................................................................................................................................................... 30

Section 25. Restraining Order and Injunction............................................................................................................. 31

Section 26. Presumptive Evidence ............................................................................................................................. 31

Section 27. Separability Provision .............................................................................................................................. 31

Section 28. Repeal of Conflicting Laws ..................................................................................................................... 31

Section 29. Regulations to be Unaffected by Repeal of Prior Enabling Statute ......................................................... 31

Section 30. Effective Date .......................................................................................................................................... 31


21


Section 1. Definitions When used in this Act: 1.1. Weight(s) and (or) Measure(s). The term weight(s) and (or) measure(s) means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices. 1.2. Weight. The term weight as used in connection with any commodity or service means net weight. When a commodity is sold by drained weight, the term means net drained weight. (Amended 1974 and 1990) 1.3. Correct. The term correct as used in connection with weights and measures means conformance to all applicable requirements of this Act. 1.4. Director. The term director means the __________ of the Department of __________. 1.5. Person. The term person means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations. 1.6. Sale from Bulk. The term sale from bulk means the sale of commodities when the quantity is determined at the time of sale. 1.7. Package. Except as modified by Section 1. Application of the Uniform Packaging and Labeling Regulation, the term package, whether standard package or random package, means any commodity:

(a) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or (b) whose weight or measure has been determined in advance of wholesale or retail sale.

An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package (or packages). (Amended 1991) 1.8. Net Mass or Net Weight. The term net mass or net weight means the weight [NOTE 1, page 21] of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons, except that, depending on the type of service rendered, packaging materials may be considered to be part of the service. For example, the service of shipping includes the weight of packing materials. (Added 1988) (Amended 1989, 1991, and 1993) 1.9. Random Weight Package. A package that is one of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of weights. (Added 1990) NOTE 1: When used in this Law, the term weight means mass. (See paragraphs U. Mass and Weight and V. Use of the Terms Mass and Weight in Section I. Introduction of NIST Handbook 130 for an explanation of these terms.) (Note added 1993)


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1.10. Standard Package. A package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations.

Examples: l L bottles or 12 fl oz cans of carbonated soda; 500 g or 5 lb bags of sugar; 100 m or 300 ft packages of rope.

(Added 1991) (Amended 1993) 1.11. Commercial Weighing and Measuring Equipment. The term commercial weighing and measuring equipment means weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. (Added 1995) 1.12. Standard, Field. A physical standard that meets specifications and tolerances in NIST Handbook 105-series standards (or other suitable and designated standards) and is traceable to the reference or working standards through comparisons, using acceptable laboratory procedures, and used in conjunction with commercial weighing and measuring equipment (1.13. Accreditation). (Added 2005) 1.13. Accreditation. A formal recognition by a recognized Accreditation Body that a laboratory is competent to carry out specific tests or calibrations or types of tests or calibrations. NOTE: Accreditation does not ensure compliance of standards to appropriate specifications. (Added 2005) 1.14. Calibration. An operation that, under specified conditions, in a first step, establishes a relation between the quantity values with measurement uncertainties provided by measurement standards and corresponding indications with associated measurement uncertainties and, in a second step, uses this information to establish a relation for obtaining a measurement result from an indication. (Added 2005) (Amended 2013) 1.15. Metrological Traceability. The property of a measurement result whereby the result can be related to a reference through a documented unbroken chain of calibrations, each contributing to the measurement uncertainty. (Added 2005) (Amended 2013) 1.16. Measurement Uncertainty. A non-negative parameter characterizing the dispersion of the quantity values being attributed to a measurand, based on the information used. (Added 2005) (Amended 2013) 1.17. Verification. The formal evaluation of a standard or device against the specifications and tolerances for determining conformance. (Added 2005) 1.18. Recognition. A formal recognition by NIST Office of Weights and Measures that a laboratory has demonstrated the ability to provide traceable measurement results and is competent to carry out specific tests or calibrations or types of tests or calibrations. (Added 2005)


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1.19. Standard, Reference Measurement. A measurement standard designated for the calibration of other measurement standards for quantities of a given kind in a given organization or at a given location. The term reference measurement standards usually means the physical standards of the state that serve as the legal reference from which all other standards for weights and measures within that state are derived. (Added 2005) (Amended 2013) 1.20. Standard, Working Measurement. A measurement standard that is used routinely to calibrate or verify measuring instruments or measuring systems. The term working measurement standards means the physical standards that are traceable to the reference standards through calibrations or verifications, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations. (Added 2005) (Amended 2013) 1.21. Metrological Traceability Chain. Sequence of measurement standards and calibrations that is used to relate a measurement result to a reference. (Added 2013) 1.22. Metrological Traceability to a Measurement Unit. Metrological traceability where the reference is the definition of a measurement unit through its practical realization. (Added 2013)

Section 2. Systems of Weights and Measures The International System of Units (SI) and the system of weights and measures in customary use in the United States are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by NIST are recognized and shall govern weighing and measuring equipment and transactions in the state. (Amended 1993) NOTE 2: SI or SI Unit. means the International System of Units as established in 1960 by the General Conference on Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce. See Interpretation of the International System of Units for the United States in Federal Register (Volume 73, No. 96, pages 28432 to 28433) for May 16, 2008, and 15 United States Code, Section 205a - 205l Metric Conversion. See also NIST Special Publication 330, The International System of Units (SI), 2008 edition and NIST Special Publication 811, Guide for the Use of the International System of Units (SI), 2008 edition that are available at www.nist.gov/pml/wmd/metric/metric-program.cfm or by contacting [email protected]. (Added 1993)

Section 3. Physical Standards Weights and measures that are traceable to the U.S. prototype standards supplied by the Federal Government, or approved as being satisfactory by NIST, shall be the state reference and working standards of weights and measures, and shall be maintained in such calibration as prescribed by the NIST as demonstrated through laboratory accreditation or recognition. All field standards may be prescribed by the Director and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the Director. (Amended 2005)


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Section 4. Technical Requirements for Weighing and Measuring Devices [NOTE 3, page 24] The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the NCWM, published in the National Institute of Standards and Technology Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, except insofar as modified or rejected by regulation. (Amended 1975) NOTE 3: Sections 4 through 10 of the Uniform Weights and Measures Law adopt NIST Handbook 44 and Uniform Regulations in NIST Handbook 130 by citation. In addition, these sections adopt supplements to and revisions of NIST Handbook 44 and the Uniform Regulations except insofar as modified or rejected by regulation. Some state laws may not permit enacting a statute that provides for automatic adoption of future supplements to or revisions of a regulation covered by that statute. If this should be the case in a given state, two alternatives are available:

(a) Sections 4 through 10 may be enacted without the phrase . . . and supplements thereto or revisions thereof . . .; or

(b) Sections 4 through 10 may be enacted by replacing . . . except insofar as modified or rejected by

regulation . . . with the phrase . . . as adopted, or amended and adopted, by rule of the director. Either alternative requires action on the part of the Director to adopt a current version of Handbook 44 and Uniform Laws or Regulations each time a supplement is added or revision is made by the NCWM. Section 5. Requirements for Packaging and Labeling [NOTE 3, page 24] The Uniform Packaging and Labeling Regulation as adopted by the NCWM and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by regulation. (Added 1983) Section 6. Requirements for the Method of Sale of Commodities [NOTE 3, page 24] The Uniform Regulation for the Method of Sale of Commodities as adopted by the NCWM and published in National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the state, except insofar as modified or rejected by regulation. (Added 1983) Section 7. Requirements for Unit Pricing [NOTE 3, page 24] The Uniform Unit Pricing Regulation as adopted by the NCWM and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions thereof, shall apply to unit pricing in the state, except insofar as modified or rejected by regulation. (Added 1983) Section 8. Requirements for the Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices [NOTE 3, page 24] The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices as adopted by the National NCWM and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions


25

thereof, shall apply to the registration of servicepersons and service agencies in the state, except insofar as modified or rejected by regulation. (Added 1983) Section 9. Requirements for Open Dating [NOTE 3, page 24] The Uniform Open Dating Regulation as adopted by the NCWM and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions thereof, shall apply to open dating in the state, except insofar as modified or rejected by regulation. (Added 1983) Section 10. Requirements for Type Evaluation [NOTE 3, page 24] The Uniform Regulation for National Type Evaluation as adopted by the NCWM and published in National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations, and supplements thereto or revisions thereof, shall apply to type evaluation in the state, except insofar as modified or rejected by regulation. (Added 1985)

Section 11. State Weights and Measures Division There shall be a State Division of Weights and Measures located for administrative purposes within the Department of _________ (agency, etc.). The Division is charged with, but not limited to, performing the following functions on behalf of the citizens of the state:

(a) Assuring that weights and measures in commercial services within the state are suitable for their intended use, properly installed, and accurate, and are so maintained by their owner or user.

(b) Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised,

packaged, sold, or purchased within the state. (c) Making available to all users of physical standards or weighing and measuring equipment the precision

calibration and related metrological certification capabilities of the weights and measures facilities of the Division.

(d) Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements

of this state and those of other states and federal agencies. (e) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of

weights and measures requirements as necessary to assure equity among buyers and sellers. (Added 1976) Section 12. Powers and Duties of the Director The Director shall:

(a) maintain traceability of the state standards as demonstrated through laboratory accreditation or recognition; (Amended 2005)

(b) enforce the provisions of this Act; (c) issue reasonable regulations for the enforcement of this Act, which regulations shall have the force and

effect of law;


26

(d) establish labeling requirements, establish requirements for the presentation of cost per unit information, establish standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and establish requirements for open dating information; (Added 1973)

(e) grant any exemptions from the provisions of this Act or any regulations promulgated pursuant thereto when

appropriate to the maintenance of good commercial practices within the state; (f) conduct investigations to ensure compliance with this Act; (g) delegate to appropriate personnel any of these responsibilities for the proper administration of this office; (h) verify the field standards for weights and measures used by any jurisdiction within the state, before being

put into service, tested annually or as often thereafter as deemed necessary by the Director based on statistically evaluated data, and approve the same when found to be correct; (Amended 2005)

(i) have the authority to inspect and test commercial weights and measures kept, offered, or exposed for sale;

(Amended 1995) (j) inspect and test, to ascertain if they are correct, weights and measures commercially used:

(1) in determining the weight, measure, or count of commodities or things sold, or offered or exposed for

sale, on the basis of weight, measure, or count; or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or

count.

(k) test all weights and measures used in checking the receipt or disbursement of supplies in every institution, the maintenance of which funds are appropriated by the legislature of the state;

(l) approve for use, and may mark, such commercial weights and measures as are found to be correct, and

shall reject and order to be corrected, replaced, or removed such commercial weights and measures as are found to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The Director shall remove from service and may seize the weights and measures found to be incorrect that are not capable of being made correct; (Amended 1995)

(m) weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale, sold, or in the process

of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this Act or regulations promulgated pursuant thereto. In carrying out the provisions of this section, the Director shall employ recognized sampling procedures, such as are adopted by the NCWM and are published in the National Institute of Standards and Technology Handbook 133, Checking the Net Contents of Packaged Goods; (Amended 1984, 1988, and 2000)

(n) prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever the

Director determines that an existing practice of declaring the quantity of a commodity or setting charges for a service by weight, measure, numerical count, time, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion; (Amended 1991)


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(o) allow reasonable variations from the stated quantity of contents, which shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice only after the commodity has entered intrastate commerce;

(p) provide for the training of weights and measures personnel, and may establish minimum training and

performance requirements, which shall then be met by all weights and measures personnel, whether county, municipal, or state. The Director may adopt the training standards of the National Conference on Weights and Measures National Training Program and the laboratory metrology standards specified by the NIST accreditation and/or recognition requirements; and (Added 1991) (Amended 2005)

(q) verify advertised prices, price representations, and point-of-sale systems, as deemed necessary, to

determine: (1) the accuracy of prices and computations and the correct use of the equipment; and (2) if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed

or recalled from a database. In carrying out the provisions of this section, the Director shall:

i. employ recognized procedures, such as are designated in National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, Examination Procedures for Price Verification;

ii. issue necessary rules and regulations regarding the accuracy of advertised prices and automated

systems for retail price charging (referred to as point-of-sale systems) for the enforcement

Documents

NIST Handbook 130 2014 (Final)