**Report of the Laws and Regulations Committee**

Dennis Johannes

Chairman

California Division of Measurement Standards

Reference

Key Number

##### [[]{#_200__ .anchor}200 Introduction](#_200__)

The Laws and Regulations Committee (Committee) addressed the following
items at its 2003 Interim Meeting. Table A identifies agenda items by
Reference Key Number, title, and page number. The first three digits of
the Reference Key Numbers of the items are assigned from the subject
series listed below. Voting items are indicated with a "V" after the
item number. An "I" denotes issues reported for information. A "D"
signifies issues that have been designated as developmental. Items
marked with a "W" have been withdrawn.

This report contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, 2002 edition, "Uniform
Laws and Regulations." Revisions proposed by the Committee are shown in
**bold face print** by ~~crossing out~~ information to be deleted and
[underlining]{.underline} information to be added. New items proposed
for the handbooks are designated as such and are shown in **bold face
print**. "SI" means the International System of Units. "FPLA" means the
Fair Packaging and Labeling Act. When used in this agenda, the term
"weight" means "mass."

**Subject Series**

Handbook 130 -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

Engine Fuels, Petroleum products, and Automotive Lubricants Inspection
Law (EFL) 223 Series

Uniform Regulations 230 Series

Packaging and labeling Regulation (PLR) 231 Series

Method of sale of Commodities Regulation (MSCR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration of Servicepersons and Service Agencies

For Commercial Weighing and Measuring Devices Regulation (VREG) 234
Series

Open Dating Regulation (ODR) 235 Series

National Type Evaluation Regulation (NTER) 236 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
(EFR) 237 Series

Interpretations and Guidelines 238 Series

Price Verification 239 Series

NIST Handbook 133 250 Series

Other Items 260 Series

**Table A**

**Index to Reference Key Items**

Reference Title of Item Page

Key No.

[232 Method of Sale of Commodities Regulation
3](#method-of-sale-of-commodities-regulation)

[232-1 V Stored Tare Weights 3](#v-stored-tare-weights)

[237 Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation
3](#uniform-engine-fuels-petroleum-products-and-automotive-lubricants-regulation)

[237-1 I Petroleum Subcommittee Agenda Items
3](#i-petroleum-subcommittee-agenda-items)

[237-2 I Uniform Engine Fuels, Petroleum Products, and Lubricants
Regulation
4](#i-uniform-engine-fuels-petroleum-products-and-lubricants-regulation)

[237-3 V Petroleum Products Sampling Procedures and Safety Manual
4](#v-petroleum-products-sampling-procedures-and-safety-manual)

[237-4 I Biodiesel Fuel 5](#i-biodiesel-fuel)

[237-5 D E diesel 9](#d-e-diesel)

[237-6 V Nozzle Requirements for Diesel Fuel
9](#v-nozzle-requirements-for-diesel-fuel)

[237-7 V Premium Diesel, Single Definition
9](#v-premium-diesel-single-definition)

[239 Price Verification 13](#price-verification)

[239-1 I Amend NIST Handbook 130, Examination Procedure for Price
Verification Section 6.2
13](#i-amend-nist-handbook-130-examination-procedure-for-price-verification-section-6.2)

[250 NIST Handbook 133, Checking the Net Content of Packaged Goods
13](#nist-handbook-133-checking-the-net-content-of-packaged-goods)

[250-1 W Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3
13](#w-amend-nist-handbook-133-4th-edition-chapter-2-section-2.3)

[250-2 W Amend NIST Handbook 133, 4^th^ Edition, Chapter2, Section 2.2
14](#w-amend-nist-handbook-133-4th-edition-chapter2-section-2.2)

[250-3 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 1, Section 1.2
16](#d-amend-nist-handbook-133-4th-edition-chapter-1-section-1.2)

[250-4 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3
17](#d-amend-nist-handbook-133-4th-edition-chapter-2-section-2.3)

[260 Other Items 19](#other-items)

[260-1 I Enhanced Product -- USDA/FSIS Meat and Poultry Products
19](#i-enhanced-product-usdafsis-meat-and-poultry-products)

#### Table B

**Appendices**

Appendix Title Page

Appendix A Uniform Engine Fuels, Petroleum Products, and Automotive
Lubricants Regulation

**Details of All Items**

(In Order by Reference Key Number)

# 232 Method of Sale of Commodities Regulation

## 232-1 V Stored Tare Weights

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** Stored vehicle tare weights are often found to be
incorrect. Errors found in vehicle tare weight surveys range from
weighing 8900 pounds less than the stored tare to weighing 2680 pounds
more than the stored tare. A load of sand or gravel at a cost of \$5.50
per ton with a tare error of 750 pounds has a monetary value for each
weighing error of \$2.06. If this error occurs on four transactions per
day for 240 working days, it results in an overcharge of more than
\$1,977 per year. Since the practice of using stored tare weights is
followed by other types of businesses (e.g., landfills and asphalt
plants) where prices may reach \$70 or more per ton, an error of 750
pounds in the tare weight of a truck would equal \$26 per weighment. If
this truck were involved in four transactions per day for 240 working
days, the overcharge would total more than \$25,000 per year.

**Recommendation:** The Committee recognizes the need for a regulation
requiring scale operators to maintain accurate "stored" tare weights. In
2002 the Committee reviewed the information concerning this issue and
voted to submit the item for a vote, using the language as proposed by
the SWMA. In July 2002, the Committee recommended that NIST Handbook
130, Method of Sale Regulation, Section 3, General be amended by adding
Section 3.5 - Vehicle Tare Weights. This item was not adopted at the
2002 NCWM. In January 2003, the Committee recommended that NIST Handbook
130, Method of Sale Regulation, Section 3, General be amended using
alternative language as provided by the Northeastern Weights and
Measures Association (NEWMA). The proposed language is as follows:

> 3.5 -- Vehicle Tare Weights - Whenever stored vehicle tare weights are
> employed, the following conditions and requirements shall apply:
>
> **[3.5.1 - All stored vehicle scale tare weights shall be determined
> to the nearest scale division. When stored tare weights are used,
> issued weight certificates shall identify that fact by placing words
> such as \"stored tare\" next to the tare weight. Abbreviations or
> symbols may be used, provided the terminology is defined elsewhere on
> the printed ticket.]{.underline}**
>
> **[3.5.2 - Stored vehicle scale tare weights shall be verified at
> regular intervals at a frequency to be determined by the jurisdiction
> with statutory authority for the device, unless preempted by a more
> stringent guideline/requirement or modification of the
> vehicle.]{.underline}**

# 237 Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation

## 237-1 I Petroleum Subcommittee Agenda Items

**Source:** Petroleum Subcommittee

**Background: T**he Committee developed an agenda for the Subcommittee
based on the comments received on the following projects:

**Federal Kerosene Dye Information** -- It was suggested that
information on the new Internal Revenue Service kerosene dye policies be
distributed to the States. The Subcommittee will distribute this
information.

**NCWM Publication 21-** The Western Weights and Measures Association
recommends that the Petroleum Subcommittee revise the sampling
procedures and container requirements in NCWM Publication 21-*-Petroleum
Products Sampling Procedures and Safety Manual* to include precautions
regarding the use of clear glass containers for product samples. This
recommendation is based on data presented to the NCWM by Chevron
Products Company and Tennessee.

**Update the Engine Fuels, Petroleum Products, and Lubricants Laboratory
Guideline --** This guideline is contained in the Interpretations and
Guidelines Section of NIST Handbook 130 and was last updated in 1994.
Since that time, the cost of equipment has changed and new test methods
have been developed. The Subcommittee proposes to revise and update the
guideline.

**Automotive Lubricants** -- The Engine Fuels, Petroleum Products, and
Lubricants Laboratory Guideline (EFR) implies that the document covers
lubricants. When the regulation was developed, the Subcommittee gave
developing engine fuel requirements priority. The Subcommittee has
proposed requirements for lubricants.

**Comments:** Ron Hayes, Missouri, updated the Committee on the
Petroleum Subcommittee items. He reported that the "Federal Kerosene Dye
Information" would be addressed in a new section to be added to a future
version of ASTM D 3699 Standard Specification for Kerosene. Automotive
Lubricants and NCWM Publication 21 have been addressed as separate
issues (see L&R items 237-2 and 237-3). The Committee has concerns as to
the effectiveness of the EFR since it is impossible to keep the document
up to date. The Committee is considering two possibilities: 1) if the
guideline is to be maintained, it will need to be revised to include
additional equipment for testing premium diesel, and the equipment costs
must be updated; and 2) remove the guideline from NIST Handbook 130 and
post it on the internet where it can be updated on a more frequent
basis. The Committee solicits comments concerning the proposed options.

## 237-2 I Uniform Engine Fuels, Petroleum Products, and Lubricants Regulation

**Source:** Western Weights and Measures Association (WWMA)

**Background:** WWMA received numerous recommendations stating the need
to update the EFR. EFR has not been updated since 1994. This
recommendation is based on data presented to the WWMA by the Chevron
Texaco Corporation.

**Comments:** At the WWMA meeting, David Heck, Chevron Texaco
Corporation, commented that API supports the latest changes to EFR. The
WWMA recommends that the latest amended version, which includes
requirements for lubricants and which is contained in Appendix A, move
forward as a voting item.

Mike Belue, Belue Associates, reported that the State of California and
Chevron Texaco have worked together to include the latest specifications
and definitions to the document. Randy Jennings, Tennessee, reported
that California (Dave Lazier and Dennis Johannes) and the Subcommittee
members from Chevron Texaco have taken the lead on this issue. The SWMA
supports the draft and recommends consideration by the Committee.

**Recommendation:** The changes proposed by WWMA to the EFR were
published in Appendix A of the Committee's 2002 Report. The Committee
recommends that the proposed changes be studied at the regional weights
and measures meetings and comments be submitted at the 2004 Interim
Meeting.

## 237-3 V Petroleum Products Sampling Procedures and Safety Manual

**Source:** Western Weights and Measures Association (WWMA)

**Background:** WWMA recommends the revision of sampling procedures and
container requirements in NCWM Publication 21, "Petroleum Products
Sampling Procedures and Safety Manual," to include adequate precautions
regarding the use of clear glass containers for product samples. This
recommendation is based on data presented to the WWMA by the Chevron
Texaco Corporation and Tennessee.

**Recommendation:** Three of the four regional W&M Associations
recommended similar changes to NCWM Publication 21. The Committee
studied the proposed changes and voted to move the item forward using
the changes proposed by the SWMA. The SWMA recommended that the
following text replace Publication 21, Section IV, paragraph B.

B. Types of Sample Containers

> **Sample containers may be clear or brown glass bottles or metal cans.
> [A clear bottle is advantageous when conducting a visual examination
> for cleanliness, free water or solid impurities, while brown glass
> bottles provide protection from light. The samples to be tested for
> octane or cetane should be protected from light because the light can
> alter the characteristics of the samples]{.underline}. (See ASTM
> Research Report RR: D02-1502 for documented effects). Plastic-coated
> bottles are available which provide protection from shattering. The
> only suitable metal containers are seamless aluminum bottles or metal
> cans with seams soldered on the exterior surface with a flux of rosin
> in a suitable solvent, which is easily removed with gasoline.**

Text to be replaced

Number range CHAPTERB. Types of Sample Containers

> Sample containers may be clear or brown glass bottles, aluminum
> bottles, or metal cans. The clear bottle is advantageous because it
> may be examined visually for cleanliness, and also allows visual
> inspection of the sample for free water or solid impurities. The brown
> glass bottle affords some protection from light. Plastic coated
> bottles are available which provide protection against shattering. The
> only suitable metal cans are those with the seams soldered on the
> exterior surface with a flux of rosin in a suitable solvent that is
> easily removed with gasoline or seamless aluminum bottles. NFPA 30A
> 9.2 (1994 edition) states \"No delivery of any Class I or Class II
> liquid shall be made into portable containers unless the container is
> constructed of metal or is approved by the authority having
> jurisdiction, has a tight closure, and is fitted with a spout or is so
> designed that the contents can be poured without spilling.\" If a
> jurisdiction is operating in an area where NFPA requirements are
> adopted, this should be considered in selecting sample containers that
> will be used at retail locations. Screw caps made of either plastic or
> metal may be used; the caps should provide a vapor tight closure seal.
> The screw caps must be protected with liners made of metal foil,
> teflon, polyethylene, or other material that will not be destroyed by
> or affect the sample product. Sample containers can be cleaned and
> used repeatedly as long as they are still serviceable. The caps should
> be used once and then disposed of, this will help prevent leakage and
> loss of reliability of the sample.

## 237-4 I Biodiesel Fuel

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** Amend EFR Section 1. Definitions, Section 2.
Standard Fuel Specifications, and Section 3. Classification and Method
of Sale of Petroleum Products as follows:

*Section 1. Definitions*

~~1.8. Biodiesel. -- means a blend consisting of diesel fuel and a
substantial amount of esterfied animal fats and/or vegetable oil(s).~~

Replace with new definitions:

> **1.8. Biodiesel -- means a fuel comprised of mono-alkyl esters of
> long chain fatty acids derived from vegetable oils or animal fats,
> designated B100** *(source: Standard ASTM D 6751).*

**Comments:** Steve Howell, MARC-IV, representing the biodiesel industry
testified at the Interim Meeting on each of the three proposed sectional
changes. Mr. Howell is the technical director of the National Biodiesel
Board (NBB) and serves as chairman of the ASTM Biodiesel Task Force.

The biodiesel industry supports the proposed new definition that is the
equivalent to ASTM's definition and also recommends adding an additional
definition for biodiesel blends. "Biodiesel blends" are blends of
biodiesel and diesel fuel. Mr. Howell stated that the current definition
contained in NIST Handbook 130 for biodiesel is incorrect and should be
changed. ASTM, along with the biodiesel industry, has worked to define
what biodiesel is and is not. ASTM standards also define the difference
between pure biodiesel, or B100, and blends of biodiesel with petroleum
diesel. The ASTM specification for biodiesel has been developed to
insure satisfactory engine operation with B20 (20 percent biodiesel)
blends and blends less than 20 percent biodiesel. Adopting the
definitions that ASTM has developed for biodiesel will eliminate
confusion between industry standard biodiesel and other materials that
have been inappropriately called biodiesel (i.e., coal slurries, raw
vegetable oils, partially reacted oils, etc.) that can cause serious
engine problems. It will also assist in minimizing confusion on the type
of product a consumer purchases, such as biodiesel B100 or a blend of
biodiesel with petroleum diesel.

The Committee recommends:

1\. Adopt the ASTM definition for Biodiesel B100 as proposed.

> **1.8.1 Biodiesel Blend. -- A fuel comprised of a blend of biodiesel
> fuel with petroleum-based diesel fuel, esignated BXX.**

2.  **In the abbreviation, BXX, the XX represents the volume percentage
    of biodiesel fuel in the blend.**

2\. Adopt a definition for a Biodiesel Blend, as outlined in ASTM D 6751
below:

######## Section 2. Standard Fuel Specifications

1.  **B100 biodiesel shall meet the most recent version of ASTM D 6751,
    Standard Specification for Biodiesel Fuel (B100) Blend Stock for
    Distillate Fuels**

> **2.13.2 Biodiesel and diesel blends shall meet the following
> requirements: the base diesel fuel shall meet the requirements of ASTM
> 975, and the biodiesel blend stock shall meet ASTM D 6751.**
>
> **2.13.3 Exception - biodiesel may be blended with diesel fuel whose
> sulfur or aromatic levels are outside Specification D 975 Grades 1-D,
> 2-D, and low sulfur 1-D and 2-D, provided the finished mixture meets
> pertinent national and local specifications and requirements for these
> properties.**

**Comments:** There is no specification for biodiesel contained in
Section 2, of NIST Handbook 130 as there are for other fuels. The
proposed change would adopt the current language contained in ASTM
specification D 6751. The proposed amendment would help ensure that the
customer receives fuel that meets ASTM specifications.

The ASTM specification for diesel fuel D 975, containing biodiesel in
blends of B20 or below, is likely to change very soon. This new group of
fuels is being termed a "fill and go" category of D 975. Separate "fill
and go" specifications are also being considered for other fuels such as
water-emulsified and ethanol-emulsified diesel. The anticipated change
is to place specifications on fuels, which require no engine
modifications but are different than conventional petroleum-based diesel
fuels that include different parameters than those currently contained
in D 975.

The D 975 "fill and go" specification may also impact biodiesel
specification D 6751 as it relates to the properties that either parent
fuel must meet prior to blending biodiesel B20 and below. If ASTM adopts
new specifications, it is hoped that the NCWM would consider similar
adoption.

Assuming that the Conference will adopt ASTM changes or modifications to
D 975 or D 6751, adopting the language in the current ASTM specification
seems to be a prudent course of action.

**Recommendation:** Adopt the specification language as proposed.

*Section 3. Classification and Method of Sale of Petroleum Products*

**3.13 Biodiesel**

> **3.13.1 How to Identify Biodiesel. -- Biodiesel shall be identified
> by the capital letter B followed by the numerical value volume
> percentage. (Example: B20)**
>
> **3.13.2 Retail Dispenser Labeling. -- Each retail dispenser of
> biodiesel shall be labeled with the capital letter B followed by the
> numerical value volume percent biodiesel and ending with the word
> 'biodiesel." (Example: B20 biodiesel)**
>
> 3.13.3 Exemption. -- Diesel fuel containing two percent or less
> biodiesel is exempted from requirements 3.13.1 and 3.13.2."

**Discussion:** Laws and regulations require that accurate and adequate
information be placed on commodities allowing consumers to make price
and quantity comparisons. For our economy to function properly consumers
must also be able to rely on manufacturers product "claims". Products
must meet manufacturer specifications and claims.

When ASTM first developed the biodiesel specification in 1993, it
proposed a specification for biodiesel use as a pure fuel, called B100.
Through the ballot process, several engine companies expressed
reservations that they had no experience with using biodiesel in blends
over 20 percent with diesel fuel (B20). B20 has now been used
successfully in over 40 million on-road miles over the last 10 years
with no changes to the fuel systems on conventional diesel engines. With
the higher cost of biodiesel, very few customers used blends higher than
B20, and neither the biodiesel industry nor the engine industry was
interested in investing the money and resources needed to meet a B100
standard.

Since B20 was the highest level product envisioned with commercial
potential, and since the engine community would not support inclusion
higher than 20 percent without further testing, the ASTM standard was
changed from an independent B100 standard to a blend stock standard. The
ASTM Biodiesel Task Force developed D 6751 as the set of properties that
B100 must meet before being blended into diesel fuel up to 20 percent
biodiesel by volume. For blends higher than B20, the user should consult
with their engine company prior to use. The major questions with blends
over B20 are related to costs, rubber and gasket compatibility with high
blend of biodiesel and cold flow properties of high blends.

As a blend-stock standard, the ASTM Biodiesel Standard was developed in
a manner similar to that of 1-D and 2-D diesel fuel, which are also
frequently blended in the commercial marketplace as a means to improve
the cold flow properties of 2-D in winter months. If the parent fuels
meet their respective specifications, they can be blended and there is
no separate set of specifications for the blended mixture. The current
requirement of the biodiesel specification is as follows: if biodiesel
meets D 6751 and diesel meets D 975 (either 1-D or 2-D), then the two
can be blended up to 20 percent biodiesel and there is no separate set
of properties required for the B20 mixture. For example, as with 2-D,
blends of B20 can contain higher levels of 1-D for improved cold flow
properties in winter. This method has served industry and consumers
well, especially in the formative stages of biodiesel development.

There are two issues that come up from time to time. The first issue is
that since biodiesel costs more than conventional diesel, there is the
possibility that fuel distributors will advertise that they are putting
in more biodiesel than they are delivering and, thus, derive undue
profits. If a distributor claims that they are selling B20 or B2 and
they are putting in less than one half of one percent, the distributor
is misrepresenting the product. The biodiesel industry claims this is
not a pump labeling issue but an enforcement issue.

The second issue is the claim that biodiesel is being blended with
diesel fuel when products such as raw vegetable oil or other oils, which
do not meet D 6751, are blended with diesel fuel. The biodiesel industry
claims this is an enforcement issue. The National Biodiesel Board has
established a quality control program (BQ-9000) that oversees producers
and suppliers of biodiesel. Use of BQ-9000-certified suppliers is an
effective means to mitigate this potential issue, as is requiring that
the distributor provide proof of EPA biodiesel registration. To obtain
an EPA registration for biodiesel the supplier must commit to meeting D
6751. Again, aggressive competition, as well as the educational and
promotional activities by the industry, have mitigated the requirement
that biodiesel must meet D 6751. NCWM adoption of the D 6751 language
will help in those efforts.

While B20 and lower levels of biodiesel fuel are considered "fill and
go" and require no changes to the engine or fuel system, levels of
biodiesel higher than B20 may need to have different gaskets and hoses.
While blending biodiesel greater than 20 percent does not readily occur
in today's market place, it may in the not too distant future.
Therefore, the biodiesel industry supports accurate labeling for all
fuel dispensers and encourages the NCWM to adopt these recommendations.

As the price of biodiesel moves closer to the price of diesel fuel and
biodiesel ceases to be a niche product blended into diesel for the
Energy Policy Act of 1992 (EPAct) compliance (cleaner air and superior
lubricity and cetane), it becomes just one of the myriad compounds which
could make up conventional diesel fuel. Refiners could blend in
biodiesel to reduce the sulfur content or aromatic content of the
finished blend. They could use it to replace their existing lubricity
additives. If the price of biodiesel was more equal to diesel, they may
add 1 percent today, 5 percent the next day, and 20 percent the next
day. As long as the finished blend meets the D 975 "Fill and Go"
specification, the level of biodiesel could range as high as 20 percent.

The proposed pump labeling requirement (requiring that pumps containing
over 2 percent biodiesel be labeled with the blend percentage) would
essentially eliminate that flexibility and could significantly reduce
the amount of biodiesel that is eventually used and consumed. ASTM is
currently developing a Biodiesel "Fill and Go" specification for D 975
that is not based on the parent fuels, but on the finished fuel and what
is satisfactory for operation in a diesel engine. This may also mean
changes to D 6751, which is a stand-alone specification. The current
thinking is that the upper biodiesel concentration limit for the D 975
"Fill and Go" specification will be 20 percent although it is possible
that it could be higher or lower. Whatever the concentration of
biodiesel, if the finished blend meets the D 975 "Fill and Go"
specification, the fuel is D 975-grade diesel fuel and would have to be
labeled such. According to industry, existing labeling contained in NIST
Handbook 130 is sufficient.

If the NCWM adopts the future D 975 "Fill and Go" specification and any
changes required for D 6751, then it appears prudent to place the pump
labeling exemption at 20 percent biodiesel at the present time, with the
understanding that it might be higher or lower in the future based on
the outcome of the ASTM "Fill and Go" recommendations.

Ron Hayes, State of Missouri, recommended adding a section requiring
fuel suppliers to disclose the biodiesel content on delivery tickets or
bills of lading, if the biodiesel content exceeds the appropriate level
for dispenser labeling requirements.

**Recommendation:** The Committee recommends this item be maintained
informational to allow for comments from all interested parties.

> **1.8.1 How to Identify Biodiesel [and Biodiesel Blends]{.underline}.
> -- Biodiesel [and biodiesel blends]{.underline} shall be identified by
> the capital letter B followed by the numerical value volume
> percentage. (Examples: B20[, B100]{.underline})**
>
> **1.8.2 Retail Dispenser Labeling. -- Each retail dispenser of
> biodiesel [or biodiesel blends]{.underline} shall be labeled with the
> capital letter B followed by the numerical value volume percent
> biodiesel and ending with the word[s]{.underline} "biodiesel
> [blend]{.underline}." (Example: B20 biodiesel [blend]{.underline})**
>
> **1.8.3 Exemption. -- Diesel fuel containing *["two"? or "twenty"?
> (select one for final proposal)]{.underline}* percent or less
> biodiesel is exempted from requirements 3.13.1 and 3.13.2.**
>
> **[1.8.4 Documentation for Dispenser Labeling Purposes. -- When the
> biodiesel blend exceeds *"two"? or "twenty"? (select one for final
> proposal)* percent biodiesel, the retailer shall be provided, at the
> time of delivery of the fuel, a declaration of the volume percent
> biodiesel on an invoice, bill of lading, shipping paper, or other
> documentation,. This documentation is only for dispenser labeling
> purposes; it is the responsibility of any potential blender to
> determine the amount of biodiesel in the diesel fuel prior to
> blending.]{.underline}**

## 237-5 D E diesel

**Source: Central Weights and Measures Association (CWMA)**

**Recommendation:** To request that E diesel be added to the agenda of
the Committee as a "Developing Item\".

Justification:

(a) There is currently no consensus specification for E diesel, and a
    specification may need to be developed at a later date.

(b) It may become necessary to develop "retail" labeling guidelines for
    E diesel.

(c) If development of specification and labeling guidelines need to be
    developed, it may become necessary to assign this effort to the
    Petroleum Subcommittee or a specially selected Task Group.

**Background:** E diesel is a blend of Standard Number 2 diesel fuel
containing up to 15 percent ethanol by volume. The blend also contains
0.2 to 5.0 percent by volume proprietary additives to maintain certain
fuel properties and blend stability. Currently E diesel does not have to
conform to any specification designating properties.

E diesel is being sold commercially for off-road applications and is
being used in several on-road demonstration fleets. A group of E diesel
stakeholders have formed the E diesel consortium to address the
technical and regulatory issues with this fuel.

The Consortium has also approached ASTM about developing an E diesel
specification.

At the CWMA Interim Meeting in September 2002, E diesel Consortium
representative Robert Reynolds provided an update on the activities of
the E diesel Consortium and requested that E diesel be put on the
Committee agenda as a "Developing Item."

## 237-6 V Nozzle Requirements for Diesel Fuel

**Source:** Central Weights and Measures Association (CWMA)

**Background:** Consumers are dispensing diesel fuel into non-diesel
vehicles despite the proper labeling of retail motor fuel dispensers.
The Committee feels that the following recommendation will help
eliminate the problem.

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 3.
Diesel Fuel, as follows:

**3.3 Diesel Fuel**

> **3.3.X. Nozzle Requirements for Diesel Fuel. \-- Each dispensing
> device from which diesel fuel is sold shall be equipped with a nozzle
> spout having a terminal end with an outside diameter of not less than
> 23.63 mm (0.930 in).**

## 237-7 V Premium Diesel, Single Definition

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** SWMA proposed a change to the EFR by deleting the energy
content and fuel injector cleanliness requirement.

Justification for changes:

A single definition for premium diesel is imperative for this rule to
gain acceptance by states. NCWM passed this definition under the
assurance that the Working Group (WG) would continue to monitor and work
toward a better solution. The SWMA believes that action must be taken
based on ASTM activities, recently reviewed survey data, and work group
discussions that have included engine manufacturing representatives.

Thermal Stability -- Engine manufacturers have expressed that a standard
of 80 percent should provide an adequate fuel. There was no recommended
change to this value from the premium diesel work group. Data reviewed
indicates this value should be achievable in most cases.

Energy Content -- Fungible issues continue to exist. Engine manufacturer
representatives have indicated that removing the requirement would be
satisfactory.

Fuel Injector Cleanliness, along with the cafeteria approach, has been a
very controversial component of this definition. The working group
commitment to monitor the progress of L 10 as an ASTM test method is to
report officially to the NCWM that the ASTM effort to pass this method
has failed and the ASTM L 10 Surveillance Panel has dissolved. Even
without the cost factor, the test can no longer be run. If a laboratory
were to offer the test and a failure was cited, it is likely that the
cited party would be able to successfully contest the results from a
test. Unfortunately, the detergency criteria, which may well provide a
benefit to the end user, can no longer be used.

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 2
Standard Fuel Specifications, Subsection 2.2.1. Premium Diesel Fuel, as
follows:

Add to Definitions:

**[1.XX Lubricity. -- a qualitative term describing the ability of a
fluid to affect friction between, and wear to, surfaces in relative
motion under load.]{.underline}**

Delete from the current Definitions:

17. ~~**Energy Content. m**eans the gross energy content of the heating
    value of diesel fuel as defined by its heat of combustion; the heat
    released when a known quantity of fuel is burned completely under
    specific conditions as determined by ASTM Standard Test Method
    D240.~~

```{=html}
<!-- -->
```
21. ~~**Fuel Injector Cleanliness.** means a characteristic of the fuel
    which allows engine operation without fuel contribution to excessive
    injector deposits. (Added 1998)(Amended 1999)~~

Amend the following:

21. **Premium Diesel Fuel -- ~~Effective January 1, 2000, a~~ All
    products identified on retail dispensers, bills of lading, invoices,
    shipping papers, or other documentation [with terms]{.underline}
    such as premium, super, supreme, plus or premier must conform to
    ~~at least two of~~ the following requirements:**

~~**(a) Energy Content ‑** A minimum energy content of 38.65 MJ/L, gross
(138 700 BTU/gallon, gross) as measured by ASTM Standard Test Method D
240.~~

~~(b)~~ **[(a.)]{.underline} Cetane Number ‑** A minimum cetane number
of 47.0 as determined by ASTM Standard Test Method D 613.

~~(c~~) (**[b.)]{.underline}** **Low Temperature Operability ‑** A cold
flow performance measurement which meets the ASTM D 975 tenth percentile
minimum ambient air temperature charts and maps by either ASTM Standard
Test Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539
(Low Temperature Flow Test, LTFT). Low temperature operability is only
applicable October 1 ‑ March 31 of each year.

~~(d)~~ **(c.)** **Thermal Stability ‑** A minimum reflectance
measurement of 80 percent **[as determined by ASTM Standard Test Method
D 6468]{.underline}** ~~using a green filter in the Octel America\'s
Test Method No. F21‑61~~ (180 min, 150 °C).

**[(d.) Lubricity -- A minimum load of 3100 grams as determined by ASTM
D 6078,]{.underline}** **[If an enforcement jurisdiction's single test
of less than 2600 grams is determined, a second test shall be conducted.
If the average of the two tests are less than 2600 grams, the sample
does not conform to the requirements of this part.]{.underline}**

~~**(e) Fuel Injector Cleanliness ‑** A Coordinating Research Council
(CRC) rating of 10.0 or less and a flow loss of 6.0 percent or less as
determined by the Cummins L‑10 Injector Depositing Test.~~

~~1. When a fuel uses a detergent additive to meet the requirement, upon
the request of the Director, the fuel marketer shall provide test data
indicating the additive being used has passed the Cummins L‑10 Injector
Depositing Test requirements when combined with Caterpillar 1‑K (CAT
1‑K) reference fuel. The Director may also request records or otherwise
audit the amount of additive being used to ensure proper treatment of
fuels according to the additive manufacturer\'s recommended treat
rates.~~

~~1.1. Upon the request of the Director, the fuel marketer shall provide
an official \"Certificate of Analysis\" of the physical properties of
the additive.~~

~~1.2. Upon the request of the Director, the fuel supplier shall provide
a sample of detergent additive in an amount sufficient to be tested with
CAT 1‑K reference fuel in a Cummins L‑10 Injector Depositing Test. The
regulatory agency requesting the sample shall be responsible for all
costs of testing.~~

~~2. When a fuel marketer relies on the inherent cleanliness of the
diesel fuel to pass the Cummins L‑10 Injector Depositing Test or if the
fuel requires a lower detergent additive level than the amount required
when the additive is used with the CAT 1‑K reference fuel, the fuel
marketer shall provide, upon the request of the Director, annual test
results from an independent laboratory that confirms the fuel meets the
requirements of 2.2.1. (e). The time of fuel sampling and testing shall
be at the Directors discretion. The Director may witness the sampling of
the fuel and the sealing of the sample container(s) with security seals.
The Director may request confirmation from the testing laboratory that
the seals were intact upon receipt by the laboratory. The final test
results shall be provided to the Director. All costs for sampling,
transporting, and testing shall be the responsibility of the fuel
supplier. If the annual test complies, any additional testing at the
request of the Director shall be paid for by the regulatory agency.~~

~~(Added 1998) (Amended 1999)~~

~~**3.3.3. Labeling Properties of Premium Diesel** \-- All retail
dispensers identified, as premium diesel must display either:~~

1\. ~~A label that includes all qualifying parameters as specified in
2.2.1. Premium Diesel Fuel affixed to each retail dispenser~~. ~~The
label shall include a series of check blocks clearly associated with
each parameter. The boxes for the parameters qualifying the fuel must be
checked. All other boxes shall remain unchecked. The marketer may check
as many blocks as apply, or,~~

~~2. A label that includes only the parameters selected by a marketer to
meet the premium diesel requirements as specified in 2.2.1. Premium
Diesel Fuel. In either case, the label must display the following
words:~~

~~\"Premium Diesel Fuel\" in a type at least 12 millimeters (2 inches)
in height by 1.4 millimeters (1/16 inch) stroke (width of type.)~~

~~When applicable, as determined by the label option and qualifying
parameters chosen by the marketer, the label must also display the
following information and letter type size:~~

~~The words \"Energy Content,\" \"Cetane Number,\" \"Low Temperature
Operability,\" \"Thermal Stability,\" and \"Fuel Injector Cleanliness\"
in a type at least 6 millimeters (1/4 inch) in height by 0.75 millimeter
(1/32 inch) stroke (width of type.)~~

~~A declaration of the minimum Energy Content (minimum 38.65 MJ/ L gross
\[138 700 BTU/gallon\]), if energy content is chosen as a qualifying
parameter, in type at least 3 millimeters (1/8 inch) in height by 0.4
millimeter (1/64 inch) stroke (width of type.)~~

~~The minimum cetane number guaranteed (at least 47.0) if cetane number
is chosen as a qualifying parameter, in a type at least 3 millimeters
(1/8 inch) in height by 0.4 millimeter (1/64 inch) stroke (width of
type.)~~

~~The date range of low temperature operability enhancement, (e.g.,
October ‑ March,) along with the qualifying test method (ASTM D 4539 or
ASTM D 2500), if low temperature operability is chosen as a qualifying
parameter, in a type at least 3 millimeters (1/8 inch) in height by 0.4
millimeter (1/64 inch) stroke (width of type).~~

~~For Example:~~

+-----------------------------------------------------------------------+
| **~~Premium Diesel Fuel~~**                                           |
|                                                                       |
| ~~High Energy Content ~~                                             |
|                                                                       |
| ~~Cetane Number, 47.0 min ~~                                         |
|                                                                       |
| ~~Low Temperature Operability (Oct.-Mar.,LTFT) ~~                    |
|                                                                       |
| ~~Thermal Stability ~~                                               |
|                                                                       |
| ~~Fuel Injector Cleanliness ~~                                       |
+-----------------------------------------------------------------------+

~~or~~

+-----------------------------------------------------------------------+
| **~~Premium Diesel Fuel~~**                                           |
|                                                                       |
| ~~Cetane Number, 47.0 min~~                                           |
|                                                                       |
| ~~Low Temperature Operability (Oct.-Mar., LTFT)~~                     |
|                                                                       |
| ~~Thermal Stability~~                                                 |
+-----------------------------------------------------------------------+

~~The label must be conspicuously displayed on the upper‑half of the
product dispenser front panel in a position that is clear and
conspicuous from the driver's position.~~

~~(Added 1998) (Amended 1999)~~

**7.1.1. Premium Diesel -**The following test methods shall be used to
determine compliance with the ~~applicable~~ premium diesel parameters:

~~(a) Energy Content ‑ ASTM D 240~~

~~(b)~~ **[(a.)]{.underline}**Cetane Number ‑ ASTM D 613

~~(c)~~ **[(b.)]{.underline}** Low Temperature Operability ‑ ASTM D 4539
or ASTM D 2500 (according to marketing claim)

~~(d)~~ **[(c.)]{.underline}** Thermal Stability ‑ ~~Octel America
F21‑61 (180 min, 150 EC)~~ [ASTM D 6468 (180 min., 150°C).]{.underline}

**(d) Lubricity -- ASTM D 6078**

~~(e) \*Fuel Injector Cleanliness ‑ The most recent edition of the
Cummins L‑10 Injector Depositing Test as endorsed by the ASTM L‑10
Injector Depositing Test Surveillance Panel.~~

~~\* Upon ASTM approval of [a]{.underline} standard test methods that
are [is]{.underline} derived from the above referenced methods, the ASTM
standard test methods shall be used to determine compliance with the
applicable premium diesel parameter.~~

(Amended 1999, 2003)

# 239 Price Verification

## 239-1 I Amend NIST Handbook 130, Examination Procedure for Price Verification Section 6.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** While the definition of a point-of-sale system includes
a requirement for a weighing and measuring device and requires
indications to be visible in a direct sale (NIST Handbook 44,
G-UR.3.3.), cash registers and computer monitors that do not incorporate
a weighing or measuring device are not subject to the requirement that
the indication be visible to a consumer. The WWMA recommends that the
practice of consumers having access to price information as the
transaction is in progress be standardized. Consumers would then be able
to instantly confirm prices, businesses could correct incorrect prices
during the transaction, and the benefit of correct prices and time saved
would help everyone involved. Many businesses that use cash registers or
computer monitors currently have remote indicators that meet the
requirements, and for the ones that do not, technology and equipment is
available to provide such indications at an affordable price.

**Proposal:** Modify NIST Handbook 130, Examination Procedure for Price
Verification, Section 6, Inspection 6.2 Other as follows:

Add:

> **(a) [A cash register or computer monitor used to list and total
> customer purchases must be positioned so that its indications may be
> observed from a reasonable customer location and/or have a remote
> indicator display so that its indications may be observed from a
> reasonable customer location.]{.underline}**

**Committee Recommendation:** The Committee feels that while this item
is worthy of consideration it should not be placed in the Examination
Procedure for Price Verification contained in NIST Handbook 130. The
Committee believes that a more appropriate location for the proposal
would be in NIST Handbook 130, Weights and Measures Law, Section 22,
Prohibited Acts.

**Comments:** The SWMA considered this to be a problem, but there is
concern whether or not this is a weights and measures issue.
Additionally, there are concerns that Publication 19, which is now out
of print and obsolete, is the appropriate place to add this requirement
if it is considered a weights and measures issue. The scope of this
requirement is very broad and would impact a wide range of retail
establishments, which may not come under the jurisdiction of weights and
measures authorities since the systems may not be attached to a scale or
a meter.

# 250 NIST Handbook 133, Checking the Net Content of Packaged Goods

## 250-1 W Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3

**Source:** Western Weights and Measures Association (WWMA)

**Background:** NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.2
states that a scale/balance having a "scale division no larger than 1/6
of the Maximum Allowable Variation (MAV) for the package size being
weighed" is required to test product. The example used to illustrate
this concept on page 7 of H-133 uses a 0.002-lb scale division as the
largest unit of measure appropriate for weighing these packages. The
existing examples on pages 11, 12 and 16 are not consistent with the
requirements of Section 2.2 and should be modified. In addition to the
device suitability requirement, the reason for recording package errors
in terms of "units of measure/dimensionless units" is to simplify and
reduce computation errors. WWMA believes that the examples on pages 11,
12 and 16 are unnecessarily restrictive in that they require the use of
the smallest scale division without any consideration to the weight of
the package, the size of the errors, or the graduations of the scale
being used. For example, in a recent series of inspections, shortages as
large as 12 pounds were found for 60-lb bags of concrete mix. The scale
used to conduct the inspection had a minimum division of 0.002 lb, which
would require the package errors to be recorded in a unit of measure of
0.001 lb. The recorded errors (in dimensionless units) for these
inspections were as large as 12 000. Use of a larger unit of measure
that met the MAV/6 requirement (MAV = 2 % of labeled quantity or 1.2 lb;
MAV/6 = 0.2 lb) would not have affected the results of the inspection.

**Recommendation:** Amend NIST Handbook 133, pages 11 and 12, the second
and third "Example" contained in the question "How are the specific
steps of the Basic Test Procedure and document the inspection
identified?" and amend the "Example" on page 16 contained in the
question "How are individual package errors determined for the tare
sample packages?" as follows:

Pages 11 and 12

**Example:** If the net weight declared on a package is 1 lb, the metric
equivalent (accurate to six significant digits) is 453.592 g. Do not
round down or truncate values in the calculations until the nominal
gross weight is determined and recorded. If the package is also labeled
454 g. then the metric declaration is larger than the inch-pound
declaration and should be used to verify the net contents of the
package. The Basic Test Procedure does not prohibit the use of units of
weight instead of dimensionless units when recording package errors, nor
does it prohibit the use of net content computer programs to determine
product compliance. Record the unit of measure in box 2. The unit of
measure ~~is the minimum division of the unit of measurement used to
conduct the test. If a scale is used that reads to thousandths of a
pound, the unit of measure is 0.001 lb even if the scale division is
0.002 lb or 0.005 lb,~~ should be less than or equal to MAV/6.

**Example:** ~~If the scale has a scale division of 0.5 g, the unit of
measure is 0.1 g. If a weighed package that has an error of "-0.5 g,"
record the error as "-5" using the dimensionless units." If the scale
indicates in increments of 0.002 lb, the unit of measure is 0.001 lb. If
a weighed package has an error of "0.016," record the error as "16"
using "dimensionless units."~~ **[The MAV for packages
labeled]{.underline}** **[2.50 lb is 0.086 lb (see Table 2-5). The MAV/6
is 0.014 lb. If using a scale that reads in hundredths of a pound, the
largest appropriate unit of measure should be 0.01 lb. If the scale
division is in thousandths of a pound, the unit of measure may be 0.001,
0.002, or 0.005 lb.]{.underline}** When using dimensionless units,
multiply package errors by the unit of measure to obtain the package
error in weight.

Page 16

**Example:** ~~If weighing in 0.001 increments, the unit of measure is
also 0.001 lb~~. **[If the unit of measure]{.underline} [is 0.001 lb
*and*]{.underline}** ~~If~~ the package error for the first package
opened for tare is +0.008 lb, instead of recording 0.008 lb in the plus
column, record the error as "8" in the plus column. If the second
package error is +0.060 lb, record the package error as "60" in the plus
column, and so on. (This section does not prohibit the use of units of
weight instead of dimensionless units or computer programs.)

**Comments:** Although there may be some benefits to clarifying the
language of Handbook 133, the Southern Weights and Measures Association
(SWMA) is not convinced that the proposed language is needed or
justified to reverse the handbook at this time. The Committee agreed
with the interpretation and recommendation of the SWMA and voted to
withdraw this item.

## 250-2 W Amend NIST Handbook 133, 4^th^ Edition, Chapter2, Section 2.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** The WWMA reported that the test procedures in NIST
Handbook 44 are designed for commercial weighing and measuring devices.
A scale, when used by an official to inspect/test the net content of
packaged goods, is in effect a comparator with mass standards. As
currently written in NIST Handbook 133, the scale test requirements and
the frequency that they are tested are unnecessarily time-consuming and
onerous on the regulatory official. This proposal simplifies the
verification procedure and allows the official some flexibility. The
requirement to hold the scale to tolerances to one-half scale divisions
is difficult to determine under field conditions. The proposal to hold
tolerances to whole divisions is reasonable bearing in mind that mass
standards will determine any error that could then be corrected during
the weighing operation.

**Recommendation:** Amend the scale test in NIST Handbook 133, 4^th^
Edition, Chapter 2, Section 2.2, Measurement Standards and Test
Equipment, as follows:

####### How often should I verify the accuracy of a scale?

Verify the accuracy of a scale before each initial daily use, each use
at a new location, or when there is any indication of abnormal equipment
performance (e.g., erratic indications). ~~Recheck the scale accuracy if
it is found that the lot does not pass, so there can be confidence that
the test equipment is not at fault.~~

####### Which accuracy requirements apply?

Scales used to check packages must meet the ~~acceptance~~ tolerances
~~specified~~ for their **[test load and]{.underline}** accuracy class
**[specified]{.underline}** in **[Table 1-2]{.underline}** ~~the current
edition of NIST Handbook 44, "Specifications, Tolerances, and Other
Technical Requirements for Weighing and Measuring Devices" (NIST HB 44).
The tolerances for Class II and Class III digital scales are presented
in Section 2.20. Scales, in NIST HB 44.~~

***In testing, which tolerances apply to the scale?***

  ----------------------- ----------------------- -----------------------
  Table 1-2                                       
  ~~Acceptance~~                                  
  Tolerances for Class of                         
  Scales based on Test                            
  Load in Divisions                               

  Test Load in Divisions                          Tolerance

  Class II Scale          Class III Scale         

  0 to 5 000              0 to 500                Plus or Minus
                                                  **[1]{.underline}**
                                                  **~~0.5~~** Division

  5 001 to 20 000         501 to 2 000            Plus or Minus 1
                                                  Division

  20 001 or more          2 001 to 4 000          Plus or Minus
                                                  **[2]{.underline}**
                                                  **~~1.5~~** Divisions

  Not Applicable          4 001 or more           Plus or Minus
                                                  **[3]{.underline}**
                                                  **~~2.5~~** Divisions
  ----------------------- ----------------------- -----------------------

Do not use a scale if it has an error that exceeds the **[Table
1-2]{.underline}** **~~specified~~** tolerance in any of the performance
tests described in the following section.

***Which performance tests should be conducted to ensure the accuracy of
a scale?***

Use the following procedures **[and certified mass
standards]{.underline}** to verify the scale. The**[se]{.underline}**
following procedures, **[are]{.underline}** based on those required in
NIST Handbook 44 **[and]{.underline}** have been modified to reduce the
amount of time required for testing scales in field situations.

*Increasing-Load Test*

~~Use certified mass standards to~~ conduct [Conduct]{.underline} an
"increasing-load test" with all test loads centered on the
load-receiving element. Start the test with the device on zero and
progress with increasing test loads to a "maximum test load" of at least
10 percent more than the gross weight of the packages to be tested. Use
at least three different test loads of approximately equal value to test
the device up to the "maximum test load~~.~~" **[with an additional test
load approximately equal to the average package tare
weight]{.underline}.** Verify the accuracy of the device at each test
load. ~~Include the package tare weight as one of the test points.~~

*Decreasing-Load Test*

~~For all types of scales, other than one~~ **[Except for equal-arm
balances or scales]{.underline}** with a beam indicator ~~or equal-arm
balance~~, conduct a "decreasing-load test" with all test loads centered
on the load-receiving element. Use the same test loads used in the
"increasing-load test" of this section, and start at the "maximum test
load." Remove the test loads in the reverse order of the increasing-load
test until all test loads are removed. Verify the accuracy of the scale
at each test load.

*Shift Test*

Use a test load equal to one-half of the "maximum test load" used for
the "increasing-load test." ~~For bench scales (see Diagram 1) place.~~
Place the test load **[as indicated in diagrams 1 or 2
below.]{.underline}** ~~in the center of four separate quadrants,
equidistant between the center and edge of the load-receiving element
and determine the accuracy in each quadrant for equal-arm balances. For
example, where the load-receiving element is a rectangular or circular
shape, place the test load in the center of the area represented by the
shaded boxes in the following diagrams.~~ **[For each position of the
test load, verify the accuracy of the scale.]{.underline}**

**Comments:** The tolerances for package checking scales have been in
Handbook 133 for approximately 15 years. There appears to be a consensus
among SWMA members that the scales used for regulatory inspection should
be held to tight tolerances when checking packages. These tolerances
have been acceptable for many years. Following the guidelines of
Handbook 133 results in a high level of confidence in the inspection
results. The SWMA does not want to see the level of confidence
diminished by increasing the tolerances for package inspection scales.
Consequently, the SWMA recommends maintaining the existing tolerances
for package inspection scales as currently stated in Handbook 133. The
Committee agreed with the analysis provided by the Southern Weights and
Measures Association (SWMA) concerning this item and voted to withdraw
the proposal.

## 250-3 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 1, Section 1.2

**Source:** Northeastern Weights and Measures Association (NEWMA)

**Recommendation:** Amend the discussion section "**Why do we allow for
moisture loss or gain?"** in section 1.2 Package Requirements on page 4
as follows:

[]{.mark}

**Why do we allow for moisture loss or gain?**

Some packaged products may lose or gain moisture and, therefore, lose or
gain weight or volume after packaging. The amount of lost moisture
depends upon the nature of the product, the packaging material, the
length of time it is in distribution, environ­mental conditions, and
other factors. Moisture loss may occur even when manufacturers follow
good distribution practices. Loss of weight "due to ex­posure" may
![](media/image1.png){width="2.888888888888889in"
height="1.645138888888889in"}include solvent evaporation, not just loss
of water**. [Note that allowances for loss or gain of moisture only
apply to packages of commodities where the moisture has no value to the
consumer (See Jones vs Rath).]{.underline}**

[]{.mark}

![](media/image2.png){width="2.888888888888889in"
height="1.636111111111111in"}For loss or gain of moisture,
**[you]{.underline}** apply the moisture allowances to the maximum
allowable variations permitted for individual packages and to the
average net quantity of contents be­fore determining the conformance of a
lot. **[You may apply the allowance before measuring the package errors
or after. When applying the allowance before the measurements, you
essentially correct each package back to theoretical weight at time of
pack, see Figure 1 at right. When applying the allowance after measuring
the package errors, you correct the MAV and SEL to recognize the
moisture loss as in Figure 2 at right. You can find specific directions
for applying the allowances in tests in Section 2.3.]{.underline}**

This handbook provides "moisture allowances" for some meat and poultry
products, flour, and dry pet food (see "Moisture Allowances" in Chapter
2). These allowances are based on the premise that when the average net
weight of a sample is found to be less than the labeled weight, but not
by an amount that exceeds the allowable limit, either the lot is
declared to be within the moisture allowance or more information must be
collected before deciding lot compliance or non compliance.

Comments: Testimony was provided that indicated additional language
would be developed and presented by the NEWMA to complete this proposal.
As a result of that testimony the Committee designated this item as
developmental.

## 250-4 D Amend NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.3

**Source:** Northeastern Weights and Measures Association (NEWMA)

**Recommendation:** NEWMA proposes deleting the current "M**oisture
Allowances"** discussion in section 2.3 Basic Test Procedure, on pages
17 through 19 and replacing it as follows:

**[Moisture Allowances]{.underline}**

####### What products have an established moisture allowance?

Flour and dry pet food have a moisture allowance of 3 percent of the
labeled net weight. Note: Dry pet food means all extruded dog and cat
foods and baked treat products packaged in kraft paper bags and/or
cardboard boxes with a moisture content of 13 percent or less at the
time of pack.

Meat and poultry products from a USDA-inspected plant are permitted no
moisture allowance when tested under a Category A sampling plan with
Used Dry Tare.

[]{.mark}

Meat and poultry products from a USDA-inspected plant are permitted the
following moisture allowances when tested under a Category A sampling
plan with Wet Tare. Note: When there is free flowing liquid or absorbent
packaging materials in contact with the product, all free liquid is part
of the wet tare.

• For packages of fresh poultry that bear a USDA seal of inspection, the
moisture allowance is 3 percent of the labeled net weight. For net
weight determinations only, fresh poultry is defined as poultry above 3
ºC (26 ºF). This is a product that yields or gives when pushed with the
thumb.

• For packages of franks or hotdogs that bear an USDA seal of
inspection, the moisture allowance is 2.5 percent of the labeled net
weight.

• For packages of bacon, fresh sausage, and luncheon meats that bear a
USDA seal of inspection, there is no moisture allowance if there is no
free-flowing liquid or absorbent materials in contact with the product
and the package is cleaned of clinging material. Luncheon meats are any
cooked sausage product, loaves, jellied products, cured products, and
any sliced sandwich style meat. This does not include whole hams,
briskets, roasts, turkeys, or chickens requiring further preparation to
be made into ready-to-eat sliced product. When there is no free-flowing
liquid inside the package and there are no absorbent materials in
contact with the product, Wet Tare and Dried Used Tare are equivalent.

[]{.mark}

These allowances are based on the premise that when the average net
weight of a sample is found to be less than the labeled weight, but not
by an amount that exceeds the allowable limit, either the lot is
declared to be within the moisture allowance, or more information must
be collected before deciding lot compliance or noncompliance.

####### How do you determine the allowance for products without an established moisture allowance?

For any product subject to moisture loss/gain, you may determine the
appropriate moisture loss allowance based on a valid, scientific study.
You may not use arbitrarily chosen allowances for moisture loss/gain.
Many packers have conducted studies that they can provide in support of
any claim that the product lost/gained moisture. Any such study should
have included a variety of environments that simulate the potential
distribution chains that could be encountered. You may use the moisture
loss limits found in such study as an allowance in a compliance test.

***What is the accepted method to determine the actual moisture loss for
a lot?***

Where the packer measures and records the moisture content of product in
each lot, you may request a copy of that data to be compared to the
moisture content of the product offered for sale. You must select a
random sample of the product offered for sale and have it tested for
moisture content using a scientifically verified test procedure e.g.
like those in the Official Methods of Analysis of the Association of
Official Analytical Chemists (See Appendix D). The actual moisture loss
is calculated as the moisture content (%) at time of pack minus moisture
content (%) at time of sale. Use the difference obtained to calculate
the actual moisture loss for the lot by multiplying it times the label
quantity. Use this as the moisture allowance in the official test. In
the case of moisture gain, this value will be a negative number.

**[Calculations]{.underline}**

[]{.mark}

***How do you apply a moisture allowance when conducting a test?***

Moisture allowances may be applied either prior to testing or after
testing. These two methods are mathematically equivalent means of
adjusting both the individual package errors and the sample average. It
is common practice to apply the moisture correction prior to the test
for those products with established moisture allowances like flour and
dry pet food. In most other cases the correction is made after the test
since moisture loss data will probably be obtained as part of the
follow-up investigation after the initial test has failed.

To compute the moisture loss allowance prior to testing, you correct the
nominal gross weight in box 14 for moisture loss. Find the value of the
allowance by multiplying the labeled quantity by the decimal percent
value of the allowance. Enter this value in box 13a on the form. The
nominal gross weight is found by adding the average tare (box 13) to the
label quantity (box 1) and subtracting the moisture allowance (box 13a).
Lot compliance is evaluated in the normal way using decision criteria in
boxes 16 and 24 on the report form.

**Example**: Labeled quantity of a bag of flour is 2 lb and average tare
is 0.04 lb (box 13)

Moisture Allowance is 3 percent (0.03) of 2 lb = 0.06 lb

*Nominal Gross Wt. = 2 lb + 0.04 lb -- 0.06 lb = 1.98 lb record this
value in box 14.*

[]{.mark}

To compute the moisture loss allowance after testing, you correct only
the MAV and SEL for moisture loss. Perform your initial test with no
moisture allowance in box 13a. When moisture loss data becomes
available, find the value of the allowance by multiplying the labeled
quantity by the decimal percent value of the moisture loss or allowance.
Lot compliance is evaluated using decision criteria in boxes 16 and 24
on the report form and the moisture corrected MAV and SEL respectively.

**Example:** Labeled quantity of a package of rice is 2 lb, average tare
is 0.04 lb (box 13), MAV (box 3) is 0.07 lb, and SEL (box 23) is 0.023
lb.

Moisture content at time of pack was 13.4 % (packer data)

Moisture content at time of sale is 10.6 % (lab data)

Moisture loss is (13.4 % to 10.6 %) = 2.8 %

Moisture allowance is 0.028 x 2 lb = 0.056 lb

Moisture Corrected MAV is 0.07 lb + 0.056 lb = 0.126 lb -- Compare each
package error measured in the initial test to this moisture corrected
MAV using criteria in box 16.

Moisture Corrected SEL is 0.023 lb + 0.056 lb = 0.079 lb -- Compare the
sample average error in the initial test to this moisture corrected SEL
using criteria in box 24.

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Justification:

The products that have an established moisture allowance should be
clearly stated. Currently the Handbook only poses the question "What is
the moisture allowance for flour and dry pet food?" It does not state if
any other products have a moisture allowance. In addition, the Handbook
gives no guidance on what to do for products that do not have an
established moisture allowance.

The "Calculations" section on page 18 is confusing and does not
distinguish between applying a moisture allowance before or after
testing. NEWMA believes that the current method of comparing the
moisture allowance to the difference between the average error and the
SEL is confusing. Simply adjusting the SEL with the moisture allowance
is easier and more in line with how the MAV is corrected (see graphs on
first page).

[]{.mark}

The current Handbook does not address commodities that are packed in
sealed containers or how to treat commodities packed on the premises.
NEWMA requests guidance from the L&R Committee on these two items.

Recommendation: The Committee believes that the Fourth Edition of NIST
Handbook 133 provides adequate guidance for regulatory officials in the
area of Moisture Allowance. The Committee designated the proposal as
developmental.

# 260 Other Items

## 260-1 I Enhanced Product -- USDA/FSIS Meat and Poultry Products

**Source:** Central Weights and Measures Association (CWMA)

**Comments:** Last year the Committee recommended and the NCWM adopted a
proposal to form an Enhanced Product Working Group. This Working Group
was not established as of the 2003 Interim Meeting. The WWMA recommended
that the Enhanced Product Working Group propose a plan and scope of
action for consideration by the NCWM. The WWMA and the SWMA encourage
the Working Group to invite participants from USDA, industry, and other
interested parties.

The CWMA formed a small committee to develop recommendations for the
formation of the working group with the goal of providing those
recommendations to the NCWM Chairman and the Committee Chairman in
advance of the 2002 NCWM Interim Meeting. NIST Weights and Measures
Division, provided copies of a previous NCWM study group protocol to
assist in the development of this item.

The Committee voted to maintain this item as "Informational" pending the
proposed formation of an Enhanced Product Working Group by the NCWM
Board of Directors.

Dennis Johannes, California, Chairman

V. Dempsey, Montgomery County, Ohio

E. Price, Texas

J. Gomez, New Mexico

J. Cassidy, Cambridge, Massachusetts

Associate Membership Committee Representation: C. Guay, Proctor & Gamble
Company

Petroleum Subcommittee: Randy Jennings, Tennessee, Chairman

Canadian Technical Advisor: B. Lemon, D. Hutchinson

NIST Technical Advisor: T. Coleman

NIST Technical Advisor on the Uniform Regulation for National Type
Evaluation: T. Butcher, S. Cook

**Laws and Regulations Committee**