Laws and Regulations Committee

Interim Agenda

Jimmy Cassidy, Chairman

Cambridge, Massachusetts

###### 200 INTRODUCTION

The Laws and Regulations Committee (Committee) will address the
following items at its 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. The fact that an item may appear on the agenda does
not mean it will be presented to NCWM for a vote; the Committee may
withdraw some items, present some items for information and further
study, issue interpretations, or make specific recommendations for
changes to the publications listed below. The recommendations presented
in this agenda are statements of proposal and not necessarily
recommendations of the Committee. The appendices to the report are
listed in Table B.

This agenda contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, "Uniform Laws and
Regulations," (2006-07), and NIST Handbook 133, "Checking the Net
Contents of Packaged Goods," (2005) Fourth Edition. Revisions proposed
for the handbooks are shown in **bold face print** by ~~crossing out~~
information to be deleted and [underlining]{.underline} information to
be added. Additions proposed for the handbooks are designated as such
and are shown in **bold face print**. Proposals presented for
information only are designated as such and are shown in *italic* type.
"SI" means the International System of Units. "FPLA" means the Fair
Packaging and Labeling Act. The section mark, "§," is used in most
references in the text and is followed by the section number and title,
(for example, Section 1.2. Weight). When used in this report, the term
"weight" means "mass."

#### Subject Series

**INTRODUCTION** 200 Series

**NIST 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 Regulation (MSR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration Regulation (VRR) 234 Series

Open Dating Regulation (ODR) 235 Series

Uniform National Type Evaluation Regulation (UNTER) 236 Series

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

Examination Procedure for Price Verification 240 Series

Interpretations and Guidelines 250 Series

**NIST Handbook 133** 260 Series

Other Items 270 Series

Table A

**Index to Reference Key Items**

**Reference**

**Key Number Title of Item Page**

##  {#section .TOC-1}

##  {#section-1 .TOC-1 .unnumbered}

## [200 INTRODUCTION 1](#introduction)[232 METHOD OF SALE REGULATION 3](#method-of-sale-regulation) {#introduction-1232-method-of-sale-regulation-3 .TOC-1}

## [232-1 Temperature Compensation for Petroleum Products 3](#temperature-compensation-for-petroleum-products) {#temperature-compensation-for-petroleum-products-3 .TOC-2}

## [232-2 Biodiesel and Fuel Ethanol Labeling 8](#biodiesel-and-fuel-ethanol-labeling) {#biodiesel-and-fuel-ethanol-labeling-8 .TOC-2}

## [260 NIST HANDBOOK 133 "CHECKING THE NET CONTENTS OF PACKAGED GOODS" 10](#nist-handbook-133-checking-the-net-contents-of-packaged-goods) {#nist-handbook-133-checking-the-net-contents-of-packaged-goods-10 .TOC-1}

## [260-1 2.6 Drained Weight for Glazed or Frozen Seafood 10](#drained-weight-for-glazed-or-frozen-seafood) {#drained-weight-for-glazed-or-frozen-seafood-10 .TOC-2}

## [260-2 Worksheet for Liquid Volumes 10](#worksheet-for-liquid-volumes) {#worksheet-for-liquid-volumes-10 .TOC-2}

## [270 Other items -- Developing items 12](#other-items-developing-items) {#other-items-developing-items-12 .TOC-1}

## [270-1 Add to NIST Handbook 130, Method of Sale Regulation 12](#add-to-nist-handbook-130-method-of-sale-regulation) {#add-to-nist-handbook-130-method-of-sale-regulation-12 .TOC-2}

## [270-2 Amend NIST Handbook 130, Method of Sale Regulation Section 2.13.4. Declaration of Weight 13](#amend-nist-handbook-130-method-of-sale-regulation-section-2.13.4.-declaration-of-weight) {#amend-nist-handbook-130-method-of-sale-regulation-section-2.13.4.-declaration-of-weight-13 .TOC-2}

## [270-3 Add Section 2.1.6. to NIST Handbook 130, Interpretations and Guidelines 14](#add-section-2.1.6.-to-nist-handbook-130-interpretations-and-guidelines) {#add-section-2.1.6.-to-nist-handbook-130-interpretations-and-guidelines-14 .TOC-2}

## [270-4 Amend Handbook 133, Chapter 4.7 Polyethylene Sheeting -- Test Procedure 19](#amend-handbook-133-chapter-4.7-polyethylene-sheeting-test-procedure) {#amend-handbook-133-chapter-4.7-polyethylene-sheeting-test-procedure-19 .TOC-2}

## [270-5 Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation - Premium Diesel Lubricity 19](#amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation---premium-diesel-lubricity) {#amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation---premium-diesel-lubricity-19 .TOC-2}

## [270-6 Amend Handbook 130 Interpretations and Guidelines Section 2.3.2. Guidelines for the Method of Sale of Fresh Fruits and Vegetables 21](#amend-handbook-130-interpretations-and-guidelines-section-2.3.2.-guidelines-for-the-method-of-sale-of-fresh-fruits-and-vegetables) {#amend-handbook-130-interpretations-and-guidelines-section-2.3.2.-guidelines-for-the-method-of-sale-of-fresh-fruits-and-vegetables-21 .TOC-2}

## [270-7 Amend Handbook 133 Section 2.3, Moisture Allowances to Provide Clearer Guidance. 21](#amend-handbook-133-section-2.3-moisture-allowances-to-provide-clearer-guidance.) {#amend-handbook-133-section-2.3-moisture-allowances-to-provide-clearer-guidance.-21 .TOC-2}

**[Daily Schedule]{.underline}**

**Sunday, January 21**

**1:00 p.m. - 5:00 p.m. Committee Review Session:**  This session is
open to all NCWM members but participation in the discussion is
generally limited to members of the Committee.

**Monday, January 22**

**8:30 a.m. - 5:00 p.m. Committee Open Hearings:**  Comments will be
accepted on the following topics:

> 232 Method of Sale Regulation
>
> 237 Engine Fuels, Petroleum Products, and Automotive Lubricants
> Regulation
>
> 250 Interpretations and Guidelines
>
> 260 NIST Handbook 133

**Tuesday, January 23**

**8:30 a.m. - 12:00 p.m. Committee Open Hearings
(continued):**  Comments will continue to be accepted on the above
topics.

**1:00 p.m. - 5:00 p.m. Committee Work Session:**  This session is open
to all NCWM members but participation in the discussion is generally
limited to members of the Committee.

**Wednesday, January 24**

**8:30 a.m. - 11:00 a.m. Committee Work Session:**  This session is open
to all NCWM members but participation in the discussion is generally
limited to members of the Committee.

**11:00 a.m. - 12:00 p.m. Joint Session with all Standing Committees**

**Details of all Items**

**(In order by Reference Key Number)**

###### 232 METHOD OF SALE REGULATION

####### 232-1 Temperature Compensation for Petroleum Products

See page 7 for the latest discussions and alternative recommendations on
temperature compensation which came out of the 2006 meetings of several
of the regional weights and measures associations.

Source: Southern Weights and Measures Association (SWMA). (See Item
232-4 in the Report of the 90^th^ NCWM Annual Meeting in 2005.)

Recommendation: Amend the Method of Sale Regulation in Handbook 130 by
adding the following:

> **[2.XX. Refined Petroleum Products]{.underline}**
>
> **[2.XX.A. \-- Where not in conflict with other statutes or
> regulations, refined petroleum products delivered through: (1) vehicle
> tank meters, (2) stationary meters with flow rates of 115 L (30 gal)
> or more per minute, and (3) loading rack meters *may* be sold with the
> volume adjusted to compensate for temperature. When petroleum products
> are sold temperature compensated:]{.underline}**
>
> **[(a) All sales shall be in terms of liters or U.S. gallons at 15 °C
> (60 °F);]{.underline}**
>
> **[(b) The temperature compensation shall be accomplished through
> automatic means;]{.underline}**
>
> **[(c) The primary indicating elements, recording elements, and all
> recorded representations (receipts, invoices, bills of lading, etc.)
> shall be clearly and conspicuously marked to show that the volume
> delivered has been adjusted to the volume at 15 °C
> (60 °F);]{.underline}**
>
> **[(d) For vehicle tank meters, all sales by the same person or
> company for the same metering application within the same state shall
> be sold temperature compensated in 12-month increments. For example, a
> company may not choose to operate some vehicle tank meters with
> automatic temperature compensators and others without. Nor may a
> company choose to engage the automatic temperature compensator on a
> device only during certain times of the year.]{.underline}**
>
> **[(e) For stationary meters with flow rates of 115 L (30 gal) or more
> per minute, all sales by the same person or company for the same
> metering application at the same location shall be sold temperature
> compensated in 12‑month increments. For example, a company may not
> choose to operate some stationary meters with automatic temperature
> compensators and others without. Nor may a company choose to engage
> the automatic temperature compensator on a device only during certain
> times of the year.]{.underline}**
>
> **[(f) For loading rack meters, except for contract sales all sales by
> the same person or company for the same metering application at the
> same location shall be sold temperature compensated in 12‑month
> increments. Contract sales may have the method of sale specified
> within the terms of the contract, but whichever method of sale is
> selected shall be implemented in 12‑month increments. For example, a
> company may not choose to engage the automatic temperature compensator
> on a device only during certain times of the year.]{.underline}**
>
> **[2.XX.B. \-- Where not in conflict with other statutes or
> regulations, petroleum products delivered through meters other than
> those specified in Section 2.XX.A. shall be sold *without* the volume
> adjusted to compensate for temperature.]{.underline}**
>
> ***[Note 1: As defined in the Handbook 130 Engine Fuels, Petroleum
> Products, and Automotive Lubricants Inspection Law, refined petroleum
> products are products obtained from distilling and processing of
> petroleum (crude oil), unfinished oils, recycled oils, natural gas
> liquids, refinery blend stocks, and other miscellaneous hydrocarbon
> compounds.]{.underline}***

***[Note 2: Paragraphs 2.XX.A.(d) and (e) shall only be effective as
long as temperature-compensated sales remain permissive in at least some
relevant applications. If temperature compensation becomes mandatory for
all relevant applications, then these paragraphs shall be
removed.]{.underline}***

**Background:** Selling fuel adjusted to the volume at 15 °C (60 °F)
throughout the distribution system is the most equitable way fuel can be
sold without the buyer or seller gaining a competitive advantage.

This item is considered in conjunction with a temperature compensation
item that is before the Specifications and Tolerances (S&T) Committee,
Item 331-1, although the S&T Committee's item is limited to vehicle-tank
meters.

A similar proposal was made by the Northeast Weights and Measures
Association (NEWMA) in 2000. NEWMA noted that Pennsylvania, New
Hampshire, Maine, and Canada permit temperature compensation in sales of
products like home heating fuel and retail gasoline. In 2001 the
Committee withdrew this item after hearing testimony from several
jurisdictions that opposed it.

The Committee has heard numerous comments in support of, and a few
comments in opposition to, temperature-compensated sales of petroleum
fuels. While most comments generally supported temperature-compensated
sales, the Committee received comments from a couple of jurisdictions
that were concerned about the additional inspection time and resources
that will be needed to test devices equipped with temperature
compensators.

Among the comments received in support of temperature-compensated sales,
there was a fair amount of disagreement about how this should be
accomplished. Most of the discussion fell into one of three broad
categories: (1) If temperature-compensated sales are allowed, what
should they look like? (2) In which metering applications should
temperature-compensated sales be allowed? (3) Should
temperature-compensated sales be permissive or mandatory?

[What should temperature-compensated sales look like?]{.underline}

The Committee heard from the Western Weights and Measures Association
(WWMA), the Central Weights and Measures Association (CWMA), and the
Southern Weights and Measures Association (SWMA) that
temperature-compensated sales needed to have certain parameters
established so that all sales conducted in this manner are comparable.
All three regions agreed that (1) temperature-compensated sales should
be adjusted to the volume at 15 °C (60 °F), (2) temperature compensation
should be accomplished through automatic means, (3) indicating and
recording elements and all written representations should indicate that
the volume delivered is temperature compensated, and (4) all sales by
the same person/company for the same metering application within the
same jurisdiction must be sold either compensated or uncompensated for
full calendar years.

The Committee adopted these criteria into its recommendation.

[In which metering applications should temperature-compensated sales be
allowed?]{.underline}

The Committee heard from WWMA and SWMA that temperature-compensated
sales should be allowed in all metering applications through meters with
flow rates of 20 gal or more per minute. The flow rate of 20 gal per
minute was selected because it was believed this would effectively allow
temperature-compensated sales in all applications except for standard
retail motor-fuel devices. Both regions thought that
temperature-compensated sales should be prohibited through standard
retail motor-fuel devices.

The Committee heard from CWMA that temperature-compensated sales should
be limited to sales through vehicle tank meters, loading-rack meters,
and retail motor-fuel devices used exclusively for fueling trucks in
sales of 100 gal or more.

CWMA was concerned that allowing temperature-compensated sales in all
metering applications except standard retail motor-fuel devices was
overly broad. CWMA was more comfortable with listing specific
applications where temperature-compensated sales would be allowed and
wanted it made clear that temperature-compensated sales would be
prohibited through standard retail motor-fuel devices. CWMA submitted
the following language for the Committee's consideration:

> **[2.X.X. -- Wholesale refined petroleum product sales, sales of
> diesel fuel for truck refueling, and bulk sales of refined petroleum
> products of 100 gal or more may be dispensed through a meter that
> automatically compensates for the temperature to represent a gallon as
> 231 in^3^ at 60 °F.]{.underline}**
>
> **[2.XX.1. -- Implementation: Wholesalers and retailers that implement
> temperature compensation for wholesale sales, devices used exclusively
> for diesel fuel for truck refueling, or bulk sales of refined
> petroleum products of 100 gal or more shall implement this practice
> for all meters or dispensers at such locations.]{.underline}**
>
> **[2.XX.2. -- Temperature-compensation disclosure: All meters or
> dispensers which employ temperature compensation shall be labeled on
> the meter or dispenser, and the printed representation must state that
> the volume represented has been corrected to 60 °F.]{.underline}**
>
> **[Note 1. Refined petroleum products are derived from crude oils
> through processes such as catalytic cracking and fractional
> distillation.]{.underline}**
>
> **[Note 2. Diesel fuel means a refined middle distillant suitable for
> use as a fuel in a compression-ignition engine (diesel) internal
> combustion engine.]{.underline}**

The Committee's recommendation constitutes a compromise. The Committee
agreed with CWMA that the most prudent approach to
temperature-compensated sales was to limit them to specific metering
applications where almost everyone would be comfortable with its use.
The Committee preferred the approach of WWMA and SWMA when defining
retail motor-fuel devices used exclusively for fueling trucks and opted
to define these devices based upon the meter flow rate rather than the
delivery quantity. The Committee selected a flow rate of 115 L (30 gal)
to be consistent with the thresholds in the LMD code in Handbook 44.
Section S.4.4. and Table T.2. of the LMD code that specify the minimum
flow rate of large-capacity metering devices as 115 L (30 gal) per
minute. Finally, the Committee included language in the recommendation
that makes it clear that, where not expressly permitted,
temperature-compensated sales are prohibited.

[Should temperature-compensated sales be permissive or
mandatory?]{.underline}

The Committee heard from WWMA and SWMA that temperature-compensated
sales should be implemented on a permissive basis, but that future
mandatory dates should be established. Those who support a mandatory
requirement believe that in the long run a permissive requirement will
cause confusion within the marketplace and hinder the consumer\'s
ability to make value comparisons between companies that sell products
compensated and those that don\'t. Particularly with regard to home
heating fuel sales, jurisdictions are concerned customers will not be
told if the price per gallon they are being quoted prior to the sale is
compensated or uncompensated (even if it is disclosed on the invoice
they receive after the delivery). In addition, even if consumers are
informed that a product quote is for a temperature-compensated delivery,
consumers won\'t know what it means and won\'t be able to make a
meaningful comparison between quotes for compensated and uncompensated
products. WWMA and SWMA recommended that future mandatory dates be
established based on a reasonable timetable for each type of metering
application that takes into consideration equipment replacement costs
and existing device life-expectancy. NIST suggested, as an alternative,
that mandatory dates for each type of metering application be
established initially for new installations and that later dates be
established for existing devices.

The Committee heard from CWMA that temperature-compensated sales should
be implemented on a purely permissive basis. CWMA opposes the inclusion
of any future mandatory dates at this time. CWMA believes that
temperature-compensated sales should be market-driven and that suppliers
will make sales on a temperature-compensated basis when consumers demand
it and should not be required to do so before then. Many jurisdictions
believe that the imposition of a mandatory requirement is too burdensome
on the industry, requiring upgrades and possibly the replacement of many
meters without adequate justification.

The Committee agreed that the inclusion of mandatory dates during the
initial implementation of this item was too controversial and would
elicit too much opposition. The Committee felt it was important to get
some form of regulation regarding temperature-compensated sales of
petroleum adopted into Handbook 130 and thought that as many barriers as
possible should be removed in order to achieve this goal. Although the
Committee's recommendation reflects a purely permissive requirement for
temperature-compensated sales, the Committee may be willing to consider
establishing future mandatory dates if a need is demonstrated after this
permissive regulation is implemented.

Finally, the Committee heard requests from the American Petroleum
Institute (API) to: (1) recognize and permit different methods of sale
at loading rack meters when such sales are under contract, and
(2) prohibit temperature-compensated sales through stationary meters
with flow rates of 115 L (30 gal) or more per minute. The Committee
agreed with API's first request regarding contract sales, and included
language in the loading rack meter paragraph (2.XX.A (f)) to permit the
method of sale to be determined by contract when an active and valid
contract is present. The Committee carefully considered and then decided
against API's request to prohibit temperature-compensated sales through
high-flow stationary meters. The Committee rejected this request because
the idea behind implementing a permissive temperature compensation
standard is to allow the marketplace to drive the implementation of such
a standard. The Committee has heard strong support for
temperature-compensated sales through high-flow stationary meters from
the market segment that uses these meters. The Committee believes that
with the support of a well educated and well defined end user, it is
inconsistent with the idea of marketplace-driven implementation for the
Committee to create a barrier to temperature-compensated sales in this
limited, well-defined application. The Committee notes that since this
is a permissive requirement, the decision of whether or not to sell
petroleum products with the volume adjusted to compensate for
temperature remains with the seller, and that the seller will not incur
any additional expense or be required to upgrade their equipment unless
they make the decision to change their current method of sale practices.

At its 2006 Annual Meeting the WWMA L&R Committee heard the following
testimony from the American Petroleum Institute (API) regarding recent
media publications concerning the lack of temperature compensation at
retail fuel stations:

-   API is opposed to temperature compensation at the retail level.

-   The physics of petroleum products have not changed and should not be
    dealt with on a basis of energy content, as seems to be the issue in
    considering temperature compensation. A gallon sale should result in
    an actual gallon delivery, which is what consumers receive today. An
    example was discussed regarding the fact that ethanol does not
    provide energy equivalent to that of gasoline, raising the question
    (although not recommended) of whether further compensations should
    be made for that issue;

-   Public concerns regarding volumes of fuel delivered in retail sales
    are misdirected at major oil companies which operate only
    approximately 10 % of all stations.

-   API has taken no position on temperature compensation regarding
    Vehicle-Tank Meters

A meter user association representative testified that approximately
15 % of retail dispensers currently in use are mechanical and are unable
to be retrofitted for temperature compensation. He stated that nearly
all retail dispensers would need retrofitting and many older electronic
dispensers could not be modified to perform automatic temperature
compensation and cannot be interfaced with software to perform the
adjustments. He suggested an estimate of \$4 billion to convert all
retail fuel dispensers for ATC.

A meter manufacturer testified that a decision on this issue is needed,
indicating that parameters must be defined and a decision to allow or
disallow temperature compensation in retail fuel transactions is
necessary for the industry to determine its directions on the matter.
The manufacturer stated that his company is receiving increased calls
from customers requesting the technology and mentioned two major
manufacturers who currently have developed ATC devices. He recommended
that the Committee pursue permissive, not mandatory, language in
developing the model regulation. The manufacturer noted that previous
attempts to submit ATC devices for type-approval have been rejected and,
therefore, Certificates of Conformance cannot be obtained. In response
to other testimony suggesting that implementation of temperature
compensators would merely introduce another opportunity for consumers to
allege that tampering with the compensators affects delivery volume, the
manufacturer stated no knowledge of any such allegations from the public
regarding any existing installations.

The meter manufacturer also commented that retail ATC technology is not
in the field in the United States. He stated that
conversions/retrofitting would be very difficult to do in the field
given the numerous fluid plumbing connections and installation of
electronic components that would be necessary. He stated that most
existing fuel dispensing equipment has a lifespan of 10 to 12 years.

A state director requested information regarding states that currently
prohibit temperature compensation. California responded that for
transactions involving 5000 gal or more the purchaser may request
temperature compensation. Idaho responded that for transactions
involving 8000 gal or more the purchaser has an option to buy, on a
yearly basis, temperature-compensated product and that all terminal
transactions are temperature-compensated. Arizona responded that any
transactions involving more than 5000 gal must be compensated for
temperature. A state director further commented that he had concerns
regarding any "permissive" versus "mandatory" use of ATC. He believes
the consumer is more concerned with the "perception" of fraud occurring
through failure to compensate for temperature variations rather than the
technical issues surrounding temperature compensation.

Another state director commented that many factors must be considered in
addressing temperature compensation, including realization that field
tests to verify functionality and accuracy will require greatly
increased inspection time and significant additional costs to regulatory
agencies. Additionally, factors such as the API table of properties of
the respective petroleum products and expansion factors for provers of
varying composition (materials) must be considered when testing ATC
dispensers. Also, he stated that determinations of temperature changes
between product at the meter thermometer well and that delivered into
the vessel (prover) must be taken into account.

A county weights and measures director stated support for the item,
stating that temperature compensation should be permitted only on a
voluntary or permissive basis to allow for the marketplace to drive its
implementation.

Two state directors testified in support of the item, as written. One
stated that temperature-compensated transactions are the most accurate
means to transact business and it is "our responsibility" to ensure
accuracy.

WWMA supports the concept that sales based upon temperature compensation
provide the most accurate and equitable transaction for both buyers and
sellers. The Committee received testimony from members of industry and
weights and measures officials in agreement with this opinion. While
WWMA recommends that temperature compensation be permissible at all
levels of petroleum sales, it also recognizes that a mandate for
automatic temperature compensation technology in all petroleum sales
within a short time period would present unreasonable costs to various
levels of the petroleum industry. By making it permissive, market forces
will dictate the implementation of this technology. Therefore, WWMA
recommends the following:

**Amend the Method of Sale Regulation in Handbook 130 by adding the
following:**

**[2.XX. Refined Petroleum Products]{.underline}**

> **[2.XX.A. Where not in conflict with other statutes or regulations,
> refined petroleum products delivered through any meter may be sold
> with the volume adjusted to compensate for temperature. When petroleum
> products are sold temperature-compensated:]{.underline}**
>
> **[(a) All sales shall be in terms of liters or U.S. gallons at 15 °C
> (60 °F);]{.underline}**
>
> **[(b) The temperature compensation shall be accomplished through
> automatic means;]{.underline}**
>
> **[(c) The primary indicating elements, recording elements, and all
> recorded representations (receipts, invoices, bills of lading, etc.)
> shall be clearly and conspicuously marked to show that the volume
> delivered has been adjusted to the volume at 15 °C
> (60 °F);]{.underline}**
>
> **[(d) All sales by the same person or company for the same metering
> application within the same state shall be sold temperature
> compensated in 12‑month increments. For example, a person or company
> may not choose to operate some meters at one location or meters at one
> location within a state with automatic temperature compensators and
> others without. Nor may a person or company choose to engage the
> automatic temperature compensator on a device only during certain
> times of the year.]{.underline}**
>
> ***[Note: As defined in Handbook 130 Engine Fuels, Petroleum Products,
> and Automotive Lubricants Inspection Law, refined petroleum products
> are products obtained from distilling and processing of petroleum
> (crude oil), unfinished oils, recycled oils, natural gas liquids,
> refinery blend stocks, and other miscellaneous hydrocarbon
> compounds.]{.underline}***

At the 2006 CWMA Interim Meeting there was discussion regarding the
Veeder Root report of underground tank temperatures nationwide.
Additional data needs to be accumulated to verify the impact to
consumers and marketers.

The market is requesting consideration of the temperature compensation
method of sale for petroleum products. A representative from an
equipment manufacturer commented that customers have requested the
equipment for several years. It was recommended that the S&T Committee
consider the Canadian regulations for temperature compensation.

API opposed the proposal at all levels in retail. It was noted by the
API representative that 90 % of the service stations are owned by
independent operators, not major oil companies. Other comments for
opposition included the cost of converting pumps and additional time for
regulatory officials to inspect.

The CWMA L&R Committee recommends support for the Western\'s Annual
proposal with the permissive language as a voting item. The Committee
agrees that temperature compensation is the more equitable method of
sale and is currently predominantly utilized at every step of the
distribution channel except for retail. Additionally, the Committee
believes this proposal should not be restricted to only petroleum
products but should also include alternative fuels such as E85,
biodiesel and biodiesel blends.

####### 

SWMA at its 2006 Annual Meeting strongly encourages the NCWM L&R and S&T
Committees to separate the various temperature compensation metering
applications as follows: Wholesale (loading rack), Vehicle-tank Meter,
Stationary Meters with flow rates of 30 gpm or more (Truckstops), and
Retail Motor-fuel Devices with a flow rate of 30 gpm.

Due to the lack of documented information on the economic impact of
temperature compensation for both industry and consumer, SWMA does not
support temperature compensation for dispensers with flow rates of less
than 30 gpm.

####### 

####### 232-2 Biodiesel and Fuel Ethanol Labeling

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

**Recommendation:** Add the biodiesel and fuel ethanol labeling
requirements that currently appear in Handbook 130 Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation to the Method
of Sale Regulation.

Add the following text to the Method of Sale Regulation in Handbook 130:

> **[2.XX. Biodiesel.]{.underline}**
>
> **[2.XX.1. Identification of Product. -- Biodiesel and biodiesel
> blends shall be identified by the capital letter B followed by the
> numerical value representing the volume percentage of biodiesel fuel.
> (Examples: B10; B20; B100)]{.underline}**
>
> **[2.XX.2. Labeling of Retail Dispensers Containing Between 5 % and
> 20 % Biodiesel. Each retail dispenser of biodiesel blend containing
> more than 5 % and up to and including 20 % biodiesel shall be labeled
> with either:]{.underline}**
>
> **[2.XX.2.1. The capital letter B followed by the numerical value
> representing the volume percentage of biodiesel fuel and ending with
> \'biodiesel blend.\' (Examples: B10 biodiesel blend; B20 biodiesel
> blend), or;]{.underline}**
>
> **[2.XX.2.2. The phrase \'biodiesel blend between 5 % and 20 %\' or
> similar words.]{.underline}**
>
> **[2.XX.3. Labeling of Retail Dispensers Containing More Than 20 %
> Biodiesel. -- Each retail dispenser of biodiesel or biodiesel blend
> containing more than 20 % biodiesel shall be labeled with the capital
> letter B followed by the numerical value representing the volume
> percentage of biodiesel fuel and ending with either \'biodiesel\' or
> \'biodiesel blend.\' (Examples: B100 Biodiesel; B60 Biodiesel
> Blend)]{.underline}**
>
> **[2.XX.4. Documentation for Dispenser Labeling Purposes. -- The
> retailer shall be provided, at the time of delivery of the fuel, with
> a declaration of the volume percent biodiesel on an invoice, bill of
> lading, shipping paper, or other document. This documentation is for
> dispenser labeling purposes only; it is the responsibility of any
> potential blender to determine the amount of biodiesel in the diesel
> fuel prior to blending.]{.underline}**
>
> **[2.XX.5. Exemption. -- Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from requirements 2.XX.1 through
> 2.XX.4.]{.underline}**
>
> **[2.YY. Fuel Ethanol.]{.underline}**
>
> **[2.YY.1. How to Identify Fuel Ethanol. -- Fuel ethanol shall be
> identified by the capital letter E followed by the numerical value
> volume percentage. (Example:  E85)]{.underline}**
>
> **[2.YY.2. Retail Dispenser Labeling. -- Each retail dispenser of fuel
> ethanol shall be labeled with the capital letter E followed by the
> numerical value volume percent denatured ethanol and ending with the
> word \'ethanol.\' (Example: E85 Ethanol)]{.underline}**
>
> **[2.YY.3. Additional Labeling Requirements. -- Fuel ethanol shall be
> labeled with its automotive fuel rating in accordance with 16 CFR
> Part 306.]{.underline}**

**Discussion:** This proposal does not impose any new requirements.
These requirements have already been adopted and are published in the
Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
in Handbook 130. This proposal would place duplicate requirements into
the Method of Sale Regulation.

Section 2.20. of the Method of Sale Regulation in Handbook 130 currently
contains requirements for the disclosure of oxygenates in gasoline
blends. Including requirements for the disclosure of biodiesel,
biodiesel blends, and fuel ethanol is consistent with this practice and
should be required in order to ensure consumers are fully informed when
making purchasing decisions.

The NCWM L&R Committee has received numerous comments in support of this
item and has heard from the National Biodiesel Board that, in general,
supports this item. However, the National Biodiesel Board has requested
the Committee keep this item on its agenda as an informational item
until ASTM finalizes its recommendations for biodiesel specifications.
Waiting for the ASTM biodiesel specifications before moving this item
forward for a vote will ensure there are no conflicts resulting from
language discrepancies between the ASTM biodiesel specifications and the
wording of this item.

The Committee has heard some concerns about perceived discrepancies
between this item's ethanol labeling requirements and the Federal Trade
Commission's (FTC's) regulation regarding ethanol labeling. These
concerns were also raised during the placement of this language in the
Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation.
The Committee has previously evaluated this with the assistance of the
FTC and believes there is no conflict.

At its 2006 Annual Meeting the WWMA L&R Committee received no comments
regarding this item. WWMA acknowledges the National Biodiesel Board's
request to the NCWM L&R Committee to keep this item Informational
pending the ASTM final recommendations regarding biodiesel
specifications. WWMA concurs that waiting for publication of those ASTM
specifications will prevent conflicts in developing the final labeling
requirements for biodiesel.

CWMA at its 2006 Interim Meeting in general supported biodiesel
labeling. A few comments were received that the biodiesel label
requirement should include percentages below 5 %. An update on activity
within ASTM to develop a stability specification for B 100 was provided.
After negative votes are adjudicated, ballots will be circulated to add
B 5 limit to the D 975 diesel specification and to establish a B 20
specification. CWMA recommends keeping the biodiesel labeling as
informational until ASTM establishes the biodiesel blend specifications.
CWMA also recommends moving the E85 item forward as a voting item.

###### 260 NIST HANDBOOK 133 "CHECKING THE NET CONTENTS OF PACKAGED GOODS"

####### 260-1 2.6 Drained Weight for Glazed or Frozen Seafood

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

**Proposal:** Amend Section 2.6 Drained Weight for Glazed or Frozen
Foods of NIST Handbook 133 as indicated in *italics:*

1.  2.6 Drained Weight for Glazed or Frozen ***Sea***foods.

2.  How is the drained weight of frozen **~~shrimp and
    crabmeat~~*seafood*** determined?

3.  Change all references to shrimp and crabmeat to just the word
    "***seafood***."

4.  Delete the glazed section procedure.

**Discussion:** At its 2006 Interim Meeting, NEWMA addressed the
following problems and questions concerning the proposed changes to
Section 2.6 of Handbook 133:

1.  If the intent is to apply Section 2.6 to just seafood, the heading
    should just say Frozen Seafoods. It was the opinion of NEWMA that
    this was the intent. If the intent is to apply this to all frozen
    food, which is a very broad category then the committees need to
    look at the intent of this section. Does it apply to frozen
    vegetables?

2.  The procedure paragraph is too specific. It uses just shrimp and
    crabmeat as examples. It should be generalized by using the term
    "frozen seafood."

3.  The glazed section is not needed. The immersion method will work for
    glazed products. However, if the committee feels they need this
    method, then an editorial change needs to be made. The heading says
    glazed raw seafood and fish and the next sentence starts that way.
    The next sentence ends saying, frozen glazed food product. The
    question is, which one is it, seafood and fish or frozen food
    products? Does this section cover glazed chicken wings? If it does,
    I don't think chicken is a sea food.

4.  If an item is not labeled glazed even though it might be glazed, how
    does the inspector test the product? It is very hard to tell glazed
    from simply frozen. Immersion works for both. Supermarkets repack
    large bags of shrimp and scallops into smaller bags and do not take
    the tare for the glazing or mark the bags glazed.

####### 260-2 Worksheet for Liquid Volumes

> **Proposal:** Amend Section 3.2 Gravimetric Test Procedure for Liquids
> of NIST Handbook 133 to add a worksheet for testing packages labeled
> by liquid volume.

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

The proposed worksheet shown on the following page was reformatted from
a worksheet created by CWMA in landscape format. It has been converted
to portrait format for use in gravimetric testing as described below.

[]{.mark}

CWMA believes the worksheet is a necessary inspection tool for
gravimetric testing of packages labeled by liquid volume. The worksheet
is used for determining average density, nominal gross weight,
converting the MAV from liquid volume to mass units, and converting the
average error back to labeled units of volume. A worksheet was included
in the third edition of NIST Handbook 133, but was not included in the
fourth edition. This proposal is to add the worksheet to the fourth
edition of NIST Handbook 133 with improvements. The new worksheet is one
page instead of two. It has also been modified to provide the added
benefit of helping the inspector identify the largest labeled
declaration (i.e., fl oz vs. decimal pt vs. ml) and using that
declaration to determine the nominal gross weight for the packages.

The worksheet has been tested in Nebraska and has proven to be an
effective and vital tool for package inspectors. CWMA believes this
functional and simple worksheet in Handbook 133 will promote more
inspection of packages labeled by liquid volume. Many inspectors
currently shy away from those types of packages because they are
intimidated by the added complexity of the procedure. This worksheet
will greatly reduce that complexity to a process of simply following the
steps.

CWMA believes the only downside of adding the worksheet to the Handbook
is that, if adopted, it needs to be published in the handbook.

Worksheet for Packages Labeled by Volume When Using Gravimetric Test
Procedure

<table>
<colgroup>
<col style="width: 18%" />
<col style="width: 13%" />
<col style="width: 13%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 6%" />
<col style="width: 12%" />
<col style="width: 1%" />
<col style="width: 11%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 4%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>Label Declaration</strong></td>
<td><strong>Converted to Fluid Ounce</strong></td>
<td colspan="4"><strong>Largest Declaration (Y=Yes, N=No)</strong></td>
<td rowspan="4"></td>
<td colspan="7"><strong>Firm:</strong></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"><strong>Date:</strong></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"><strong>Commodity:</strong></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"></td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td><strong>1<sup>st</sup> Package</strong></td>
<td colspan="4"><strong>2<sup>nd</sup> Package</strong></td>
<td colspan="2"><strong>3<sup>rd</sup> Package</strong></td>
<td colspan="2"><strong>4<sup>th</sup> Package</strong></td>
<td colspan="3"><strong>5<sup>th</sup> Package</strong></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>1. Gross Weight</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td><strong>2. Tare Wt</strong></td>
<td><strong>R<sub>t</sub> <sub>=</sub></strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td><strong>Net Wt</strong></td>
<td><strong>R<sub>c</sub> <sub>=</sub></strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"></td>
</tr>
<tr class="even">
<td colspan="2"><strong>3. Flask Wt (full)</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"><strong><u>Converting MAV to Decimal
Pounds</u></strong></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>4. Flask Wt (empty, wetted)</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="6"><strong>13. MAV in fl oz (Table 2-6)</strong></td>
<td></td>
</tr>
<tr class="even">
<td colspan="2"><strong>5. Wt of Liquid (step 3 - 4)</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="6"><strong>14. MAV in lb (step 13 x step 11)</strong></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>6. Volume of Flask (in fl oz)</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"><strong><u>Converting Average Error to Fluid
Ounces</u></strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Temperature of Liquid</strong></td>
<td></td>
<td colspan="4"></td>
<td colspan="5"><strong>15. Avg. Error in lb (Box 18 x Box 2 of Test
Report)</strong></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="7"></td>
<td colspan="4"><strong>16. Avg. Error in fl oz. (step 15 ÷ step
11)</strong></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="2"><p><strong>7. Liquid Density</strong></p>
<p><strong>(step 5 ÷ step 6)</strong></p></td>
<td colspan="2"></td>
<td colspan="3"></td>
<td colspan="7" rowspan="3"></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>8. Range of Densities</strong></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="2"><strong>9. Are densities within 1 scale
division?</strong></td>
<td colspan="2"><strong>Yes</strong> ⁯</td>
<td colspan="3"><strong>No</strong> ⁯</td>
</tr>
<tr class="odd">
<td colspan="14"><strong>(If no, use volumetric procedure in Sec.
3.3)</strong></td>
</tr>
<tr class="even">
<td colspan="5"><strong>10. Average Tare Wt (average of step
2)</strong></td>
<td colspan="2"></td>
<td colspan="7" rowspan="2"></td>
</tr>
<tr class="odd">
<td colspan="5"><strong>11. Average Liquid Density (average of step
7)</strong></td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="8"><p><strong>12. Nominal Gross Weight (step 11 x largest
labeled volume*) + step 10</strong></p>
<p><strong>* Use largest labeled volume converted to fl oz from top of
page.</strong></p></td>
<td colspan="2"></td>
<td colspan="4"></td>
</tr>
</tbody>
</table>

###### 270 Other items -- Developing items

**INTRODUCTION**

NCWM established a mechanism to disseminate information about emerging
issues which have merit and are of national interest. Developing items
have not received sufficient review by all parties affected by the
proposals or may be insufficiently developed to warrant review by the
NCWM L&R Committee. The developing items listed are currently under
review by at least one regional association, subcommittee, or work
group.

The developing items are marked according to the specific NIST Handbook
into which they fall: Handbook 130 or Handbook 133.

The Committee encourages interested parties to examine the proposals
included in the appendices and to send their comments to the contact
listed in each part.

The Committee asks that the regional weights and measures associations,
subcommittees, and work groups continue their work to develop fully each
proposal. Should an association, subcommittee, or work group decide to
discontinue work on a developing item, the Committee asks that it be
notified. When the status of an item changes because the submitter
withdraws the item, the item will be listed in a table below. For more
details on items that are moved from the Developing Items list to the
Committee's main agenda, refer to the new reference number in the main
agenda.

####### 270-1 Add to NIST Handbook 130, Method of Sale Regulation

> **§ 1.14. Labeling Requirement of Drained Weight for Commodities
> Packed in a Liquid Medium (foods other than meat or poultry products
> under USDA jurisdiction)**

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

**Proposal:** Add Section 1.14. "Labeling Requirement of Drained Weight
for Commodities Packed in a Liquid Medium (foods other than meat or
poultry products under USDA jurisdiction)."

***Add Section 1.14. to read as follows:***

> **[1.14. Labeling Requirement of Drained Weight for Commodities Packed
> in a Liquid Medium. - Drained Weight is the appropriate method of sale
> for products packed in a medium which is inedible or invariably
> discarded. Food items such as, but not limited to: wet pack shrimp,
> lobster meat, crabmeat, clams, olives, mushrooms, bamboo shoots, water
> chestnuts, cocktail onions, roasted peppers, and artichokes shall be
> labeled with a drained weight declaration.]{.underline}**

(a) Drained weight is the weight of the solid food in a container after
    the packing medium has been drained away.

(b) Packing medium includes water, brine, and acid based liquids.
    Packing medium should not be construed to include oil based
    marinades which are generally considered part of the product.

**Background:** In 1978 the Food and Drug Administration published the
Fair Packaging and Labeling Act with interpretations and guidelines. FDA
Guide 7563 states that drained weight is the appropriate way to list net
weight of contents for products that are packed in a medium which is
inedible or invariably discarded. It lists as examples food items like
wet pack shrimp, green olives, ripe olives, canned mushrooms, canned
clams, and canned artichokes. Furthermore under Section 403 (d) of the
Federal Food, Drug, and Cosmetic Act, a food is considered misbranded if
its container is so made, formed, or filled as to be misleading. The FDA
guide states it would be regarded as deceptive and in conflict with
Section 403 (d) to replace part of the food in the container with
excessive packing medium. This is true whether or not the label bears an
accurate statement of the drained weight of the food.

Some net weight declarations accurately reflect the usable content while
other declarations include the weight of the packing medium, causing an
unfair business advantage and making value comparison impossible for the
consumer.

As markets have changed and more value-added products are being made
available to consumers, it is important to specify labeling requirements
in order that businesses may compete equally and consumers may have
adequate information to facilitate value comparisons. In addition,
consumers rely on the weight declarations when deciding which products
to buy for recipes and for dietary purposes.

This proposal was initiated because of a consumer complaint.

**Discussion:** The WWMA L&R Committee received no comments on this
item. WWMA supports forwarding this item, as submitted, to the NCWM L&R
Committee for placement on its agenda. WWMA requests that NIST
coordinate discussions with the Federal Food and Drug Administration
(FDA) for review and concurrence.

At the 2006 Central Weights and Measures Association Interim Meeting, an
industry representative mentioned that the wording of the item is
problematic because it expects the regulatory jurisdiction to make a
judgment call regarding packing medium which is inedible or invariably
discarded. Furthermore, the wording is very open-ended with respect to
the products covered by this method of sale. Comment from the group was
to look at past conference reports in relation to canned clams as
guidance.

To comment on this item, please contact Roger Macey (CA), by telephone
at (916) 229‑3043; by fax at (916) 229‑3026; or by email at
[<rmacey@cdfa.ca.gov>.]{.underline}

####### 270-2 Amend NIST Handbook 130, Method of Sale Regulation Section 2.13.4. Declaration of Weight

**Proposal:** Amend Handbook 130, Method of Sale Regulation
Section 2.13.4. "Declaration of Weight." as follows:

> For the purpose of this regulation, **[when D is not
> known,]{.underline}** the minimum density **[used to calculate the
> target net weight]{.underline}** shall be 0.92 g/cm³ **~~(when D is
> not known)~~. [For products labeled "High Density," "HD," or similar
> wording, the minimum density (D) used to calculate the target net
> weight shall be 0.95 g/cm³.]{.underline}**

**Background:** Some manufacturers of polyethylene bags labeled as "High
Density" or "HD" have been found to package and label products whose
labeled net weights meet calculated target net mass/weights when
employing a factor of 0.92 g/cm³. When a density factor of 0.95 g/cm³ is
used, as appropriate, in the calculation for high density polyethylene
materials, products commonly fail to meet the calculated target net
mass/weight. Further inspection typically reveals that one or more of
the labeled width, thickness, or count statements are inaccurate.

Some manufacturers appear aware that weights and measures officials are
restricted to test high density film using the 0.92 g/cm³ value because
the actual density value is not stated on the product label and the
existing procedural guidelines do not address high density polyethylene
materials. When testing at manufacturing locations, weights and measures
officials are able to obtain information regarding the density of the
product from the manufacturer. However, at distributor locations,
density information is not available and officials must test using the
0.92 g/cm³ designated in Handbooks 130 and 133.

Conversations with manufacturers and review of technical data sheets
from various manufacturers have indicated that 0.95 g/cm³ is an
acceptable minimum density value for HD labeled polyethylene film.

Discussion: WWMA supports forwarding this item, as amended below, to be
placed on the NCWM L&R Committee agenda.

**Recommendation:** Amend Handbook 130 Method of Sale Regulation
§ 2.13.4. Declaration of Weight as follows:

> For the purpose of this regulation, **[when the density (D) is not
> known,]{.underline}** the minimum density **[used to calculate the
> target net weight]{.underline}** shall be 0.92 g/cm³ **~~(when D is
> not known)~~. [For products labeled "High Density," "HD," or similar
> wording, when D is not known]{.underline}, [the minimum density (D)
> used to calculate the target net weight shall be 0.95 g/
> cm³.]{.underline}**
>
> **[When the polyethylene commodity package is labeled with a specific
> density, the labeled density factor shall be used to calculate the
> target net weight. If the official determines that the labeled density
> information is not accurate, the minimum density factors above shall
> be used to calculate the target net weight.]{.underline}**

To comment on this item, please contact Jeff Humphreys (LA County) by
telephone at (562) 940‑8922, by fax at (562) 861‑0278; by email at
[[jeffh@acwm.co.la.ca.us]{.underline}](mailto:jeffh@acwm.co.la.ca.us).

####### 270-3 Add Section 2.1.6. to NIST Handbook 130, Interpretations and Guidelines

**Proposal:** Add Section 2.1.6. to NIST Handbook 130 Interpretations
and Guidelines as follows:

> **[2.1.6. Labeling Requirements For Variable Weight Produce Items Sold
> In Clear Plastic Bags.]{.underline}**
>
> **[Interpretation:]{.underline}**
>
> **[For products, such as broccoli crowns, that are traditionally sold
> by variable weight as bulk produce items, it is not necessary that
> these produce items, when single or multiple units are packaged or
> wrapped in plastic film or bags, be marked with a net weight, unit
> price, and total price at the time the product is offered for retail
> sale. The FDA interpretation allows the determination of net weight at
> the point of sale. Also, a disclaimer statement on the package of "To
> be weighed at or before time of sale" is required consumer
> notification, assuming that there are scales at the Point of Sale. In
> addition, the retail price per weight must be displayed within a
> reasonable distance to the product when the product is displayed for
> the consumer at the store level. The customer must be provided with
> the net weight, unit price, and the total price at the time of
> sale.]{.underline}**
>
> **[Issue:]{.underline}**
>
> **[The NIST Weights and Measures Division (WMD) has received numerous
> requests for information regarding the labeling of produce items
> offered for sale in plastic bags. The bags may be "zip-lock" or not,
> may be open or closed, and may or may not have some product labeling
> on the bag. Industry and regulatory officials have requested guidance
> concerning the packaging and labeling requirements as they apply to
> these products when offered for sale. A similar issue was raised
> regarding bunches of bananas wrapped in plastic bags and offered for
> sale.]{.underline}**
>
> **[Background:]{.underline}**
>
> **[WMD staff reviewed the Uniform Weights and Measures Law, the
> Uniform Packaging and Labeling Regulation in Handbook 130, and the
> Food, Drug, and Cosmetic Act. An exemption to some labeling
> requirements was found in 21 CFR Part 101 that specifically addresses
> wrapped clusters of bananas. The Food, Drug, and Cosmetic Act preempts
> state laws where state laws are not identical to the Act for the
> products covered by the Act. The Food and Drug Administration (FDA)
> was consulted to obtain their interpretation regarding this issue. The
> FDA exemption and interpretation are reported below.]{.underline}**
>
> **[Summary:]{.underline}**
>
> **[The Food, Drug, and Cosmetic Act contains a specific exemption to
> some labeling requirements for wrapped clusters of bananas and allows
> the net weight to be determined at the time of sale (see wording
> below). FDA reported that the exemption probably was written
> specifically for wrapped clusters of bananas because, most likely,
> bananas were the only produce item using that method of packaging at
> the time the exemption was requested (around 1964). FDA indicated that
> the sale of other produce items in plastic is analogous to the sale of
> wrapped clusters of bananas; therefore, the exemption described in
> 21 CFR Part 100 also applies to other produce items, such as table
> grapes and broccoli crowns, for example.]{.underline}**
>
> **[References:]{.underline}**
>
> **[The Food, Drug, and Cosmetic Act (FDC Act) 21 CFR Title 21,
> Part 101, Subpart G, Section 101.100 (h) provides an explicit
> statement as it applied to bananas. 21 CFR Title 21, Part 101,
> Section 101.100 addresses exemptions from food labeling requirements.
> The text for the exemption is provided below. The exemption mentioned
> below is to FDC Act Section 403(e)(2), which states that a food
> package shall be deemed to be misbranded unless it bears a label
> containing an accurate statement of quantity of
> contents.]{.underline}**
>
> **[21 CFR Title 21, Part 101, Subpart G,
> Section 101.100 (h)(3):]{.underline}**
>
> **["(i) Wrapped clusters (consumer units) of bananas of nonuniform
> weight intended to be unpacked from a master carton or container and
> weighed at or before the point of retail sale in an establishment
> other than that where originally packed shall be exempt from the
> requirements of section 403(e)(2) of the act during introduction and
> movement in interstate commerce and while held for sale prior to
> weighing:]{.underline}**
>
> **[Provided that]{.underline}**
>
> **[The master carton or container bears a label declaration of the
> total net weight; and the individual packages bear a conspicuous
> statement "To be weighed at or before the time of sale" and a correct
> statement setting forth the weight of the wrapper; using such tern as
> "wrapper tare \_\_ ounce", the blank being filled in with the correct
> average weight of the wrapper used.]{.underline}**
>
> **[Provided further, that it is the practice of the retail
> establishment to weigh the individual packages either prior to or at
> the time of retail sale.]{.underline}**
>
> **[The act of delivering the wrapped clusters (consumer units) during
> the retail sale without an accurate net weight statement or
> alternatively without weighing at the time of sale shall be deemed an
> act which results in the product's being misbranded while held for
> sale. Nothing in this paragraph shall be construed as requiring
> net-weight statements for clusters (consumer units) delivered into
> institutional trade, provided that the master container or carton
> bears the required information."]{.underline}**
>
> **[The Act provides an exemption for Identity statements under
> specified conditions:]{.underline}**
>
> **[Identity:]{.underline}**
>
> **["21 Code of Federal Regulations 101.100 (b) (3) for non-meat and
> non-poultry foods specifically exempts packages from identity
> statements if the identity of the commodity 'can easily be identified
> through the wrapper or container'".]{.underline}**
>
> **["A statement of identity is not required if the identity of the
> product can easily be identified through the wrapper or container.
> This exemption does not apply to meat and poultry."]{.underline}**
>
> **[Presently, the NIST Handbook 130 Uniform Packaging and Labeling
> Regulation addresses Responsibility statement requirements as
> applicable only to packages "kept, offered...or sold at...other than
> the premises where packed" and, furthermore, provides an exemption to
> Quantity statements on packaged commodities intended to be weighed
> prior to or at time of sale:]{.underline}**
>
> **[Responsibility:]{.underline}**
>
> **[UPLR Section 5 states:]{.underline}**
>
> **["Any package kept, offered or exposed for sale, or sold, at any
> place other than the premises where packed shall specify conspicuously
> on the label of the package the name and address of the manufacturer,
> packer or distributor."]{.underline}**

**[This exempts those packages \'kept, offered or exposed for sale, or
sold\' on the premises where packed from the need for a responsibility
statement. When retailers remove wrapped clusters of produce from a
shipping container, they often inspect the packages for quality and make
adjustments such as removing damaged product before putting them in a
bulk display; they are, for all practical purposes, repackaging the
produce and assuming responsibility for it.]{.underline}**

**[Quantity (Exemption for Random Weight Packages): UPLR Section 11.26
states:]{.underline}**

> **["Individual packaged commodities put up in variable weights and
> sizes for sale intact, and intended to be weighed and marked with the
> correct quantity statement prior to or at the time of retail sale, are
> exempt from a declaration of net quantity."]{.underline}**
>
> **["Random weight packages that will be weighed at the time of sale do
> not need a quantity statement. This regulation does not address
> package closure and the exemption is not dependent on the package
> being open or closed."]{.underline}**

**Background/Discussion:** In recent years more and more produce items
are being packed in clear plastic wrappers, of various sizes, in order
to maintain the integrity and sanitation of the product (i.e., clusters
of grapes or broccoli crowns). These products are being shipped to
retail stores in fully labeled non-consumer containers. The retail
stores then take the plastic wrapped produce out of the boxes and stack
it in bulk retail displays on the produce counter, advertising it for
sale for a certain price per pound. The consumer selects the amount
desired and brings it to the checkout counter where it is weighed and
the total price is determined.

This interpretation recognizes and clarifies the labeling requirements
for an existing retail trade practice that is becoming more and more
common. It will provide for uniform labeling guidance for both industry
and enforcement officials.

NIST Handbook 130 "Uniform Packaging and Labeling Regulation" requires
packaged commodities to provide accurate and adequate information as to
**identity, quantity** of contents, and the name and address of a
**responsible party**. However, if certain conditions exist, there are
exemptions from these requirements, as cited under the proposed
"Reference" section above.

WWMA received no comments on this item and supports this item as amended
below:

Add Section 2.1.6. to NIST Handbook 130 Interpretations and Guidelines
as follows:

**2.1.6. Labeling Requirements for Variable Weight Produce Items Sold in
Clear Bags or Wrapping.**

**Issue:** The NIST Weights and Measures Division (WMD) has received
numerous requests for information regarding correct labeling of produce
items offered for sale in clear bags or overwrapped in clear sheeting.
Such bags may or may not have a "zip-lock" feature, may be open or
closed, and the bags or sheeting may or may not have some product
labeling. Industry and regulatory officials have requested guidance
concerning packaging and labeling requirements as they apply to these
products when offered for sale. A similar issue was raised regarding
bunches of bananas wrapped in plastic bags and offered for sale.

**Background:** WMD staff reviewed the Uniform Weights and Measures Law,
the Uniform Packaging and Labeling Regulation (UPLR) in Handbook 130,
and the Food, Drug, and Cosmetic Act (FDC Act). A specific exemption to
quantity statement labeling requirements is established in Title 21 Code
of Federal Regulations (CFR) Part 101, specifically addressing wrapped
clusters of bananas. An exemption to identity statement labeling
requirements for non-meat and non-poultry products is also established
in 21 CFR Part 101. Additional exemptions to Responsibility and Quantity
statements, under specific conditions, are established in the UPLR.

The Food, Drug, and Cosmetic Act preempt state laws when such state laws
are not identical to the Act for any products covered by the Act. The
Food and Drug Administration (FDA) was consulted to obtain its
interpretation regarding this issue. The FDA exemption and
interpretation are reported below.

**Interpretation:** The Food, Drug, and Cosmetic Act contains a specific
exemption from quantity statement labeling requirements for wrapped
clusters of bananas and allows the net weight to be determined at the
time of sale (see wording below). FDA reported that the exemption was
written specifically for wrapped clusters of bananas because, most
likely, bananas were the only produce commodity commonly distributed
under that method of packaging at the time the exemption was requested
(around 1964). FDA indicated that the sale of other produce items in
clear wrapping or bags is analogous to the sale of wrapped clusters of
bananas; therefore, the exemption described in 21 CFR Part 100 also
applies to other produce items, such as table grapes and broccoli
crowns.

Consequently, for products that are traditionally sold by variable
weight as bulk produce items, it is not required that these produce
items, when single or multiple units are packaged or wrapped in clear
film or bags, be marked with a net weight, unit price, and total price
at the time the product is offered for retail sale. The FDA
interpretation allows the determination of net weight at the point of
sale, provided that a scale is available to weigh the commodity at the
point of sale. A disclaimer statement on the package stating, "To be
weighed at or before time of sale" is required consumer notification. In
addition, the retail price per unit of weight is typically displayed to
the consumer within a reasonable distance of the product display at the
retail store. The customer must be provided with the net weight, unit
price, and the total price at the time of sale.

**References**: The Food, Drug, and Cosmetic Act (FDC Act) 21 CFR
Title 21, Part 101, Subpart G, Section 101.100 (h) provides an explicit
statement applicable to the sale of bananas. 21 CFR, Part 101,
Section 101.100 addresses exemptions from food labeling requirements
(text provided below). The exemption is from FDC Act Section 403(e)(2),
which states that a food package shall be deemed to be misbranded if it
does not bears a label containing an accurate statement of quantity of
contents.

21 CFR Title 21, Part 101, Subpart G, Section 101.100 (h)(3) states:

> "(i) Wrapped clusters (consumer units) of bananas of nonuniform weight
> intended to be unpacked from a master carton or container and weighed
> at or before the point of retail sale in an establishment other than
> that where originally packed shall be exempt from the requirements of
> section 403(e)(2) of the act during introduction and movement in
> interstate commerce and while held for sale prior to weighing:
>
> Provided that
>
> The master carton or container bears a label declaration of the total
> net weight; and the individual packages bear a conspicuous statement
> "To be weighed at or before the time of sale" and a correct statement
> setting forth the weight of the wrapper; using such tern as "wrapper
> tare ounce", the blank being filled in with the correct average weight
> of the wrapper used.
>
> Provided further, that it is the practice of the retail establishment
> to weigh the individual packages either prior to or at the time of
> retail sale.
>
> The act of delivering the wrapped clusters (consumer units) during the
> retail sale without an accurate net weight statement or alternatively
> without weighing at the time of sale shall be deemed an act which
> results in the product's being misbranded while held for sale. Nothing
> in this paragraph shall be construed as requiring net-weight
> statements for clusters (consumer units) delivered into institutional
> trade, provided that the master container or carton bears the required
> information."

As discussed above, FDA indicated that the sale of other produce items
in clear wrappings or bags is analogous to the sale of wrapped clusters
of bananas, and an exemption to quantity statement requirements applies
to other produce items, such as table grapes and broccoli crowns.

The FDC Act provides an exemption from Identity statement~~s~~
requirements under specified conditions:

Identity: 21 CFR Section 101.100 (b) (3) for non-meat and non-poultry
foods specifically exempts packages from identity statement requirements
if the identity of the commodity "can easily be identified through the
wrapper or container."

> "A statement of identity is not required if the identity of the
> product can easily be identified through the wrapper or container.
> This exemption does not apply to meat and poultry."

NIST Handbook 130 Uniform Packaging and Labeling Regulation:

Presently, the NIST Handbook 130 Uniform Packaging and Labeling
Regulation (UPLR) addresses responsibility statement requirements as
applicable only to packages "kept, offered...or sold at...other than the
premises where packed" and, furthermore, provides an exemption to
quantity statements on packaged commodities intended to be weighed prior
to or at time of sale:

Responsibility: UPLR Section 5 states:

> "Any package kept, offered or exposed for sale, or sold, at any place
> other than the premises where packed shall specify conspicuously on
> the label of the package the name and address of the manufacturer,
> packer or distributor."

The responsibility statement requirement in UPLR Section 5 applies only
to packages sold from other than the premises where packed. Conversely,
when offered, exposed, and/or sold from the premises where packed, the
responsibility statement requirement does not apply. When retailers
remove wrapped clusters of produce from a shipping container, they often
inspect the packages for quality and make adjustments such as removing
damaged product before rewrapping and offering the packages for sale. In
doing so, these retailers are repackaging the produce and assuming
responsibility for it. In such circumstances, packages need not be
labeled with a responsibility statement.

Quantity (Exemption for Random Weight Packages): UPLR Section 11.26
states:

> "Individual packaged commodities put up in variable weights and sizes
> for sale intact, and intended to be weighed and marked with the
> correct quantity statement prior to or at the time of retail sale, are
> exempt from a declaration of net quantity."

Random weight packages that are to be weighed at the time of sale are
not required to be labeled with a quantity statement. This regulation
does not address package closure and the exemption is not dependent on
the package being open or closed.

Summary:

Variable weight produce commodities sold in clear bags or sheeting are
exempt from specific package labeling requirements under specific
conditions as follows:

-   Exempt from identity statement requirement when the product identity
    can be readily determined through the packaging

-   Exempt from responsibility statement requirement when packaged or
    repackaged upon the premises where kept, offered, exposed for sale,
    or sold

-   Exempt from quantity statement requirement when all of the following
    applies:

    -   Labeled with the statement, "To be weighed at or before the time
        of sale"

    -   Labeled with a statement, "Wrapper tare \_ounce" or similar
        wording

    -   The retailer has approved scale(s) in operation at the point of
        sale

    -   The retailer weighs the commodity and provides net weight
        information at the time of sale

To comment on this item, please contact Roger Macey (CA), by telephone
at (916) 229‑3043; by fax at (916) 229‑3026; or by email at
[[rmacey@cdfa.ca.gov]{.underline}](mailto:rmacey@cdfa.ca.gov) or
Jess Urbina (Ocean Mist Farms) by telephone at (831) 970‑7321.

####### 270-4 Amend Handbook 133, Chapter 4.7 Polyethylene Sheeting -- Test Procedure

**Proposal:** Amend Handbook 133, Chapter 4.7 Polyethylene Sheeting --
Test Procedure

Amend Asterisked Footnote below Step 3 as follows:

> \*Determined by ASTM Standard D 1505-98 **[(*or latest
> issue*)]{.underline}** "Standard Method of Test for Density of
> Plastics by the Density Gradient Technique." For the purpose of this
> handbook, [**when the actual density is not known**,]{.underline} the
> minimum density **[used to calculate the target net
> weight]{.underline}** shall be 0.92 g/cm³ **~~when the actual density
> is not known~~. [For products labeled "High Density," "HD," or similar
> wording, the minimum density (D) used to calculate the target net
> weight shall be 0.95 g/ cm³.]{.underline}**

**Background:** Some manufacturers of polyethylene bags labeled as "High
Density" or "HD" have been found to package and label products whose
labeled net weights meet calculated target net mass/weights when
employing a factor of 0.92 g/cm³. When a density factor of 0.95 g/cm³ is
used, as appropriate, in the calculation for high density polyethylene
materials, products commonly fail to meet the calculated target net
mass/weight. Further inspection typically reveals that one or more of
the labeled width, thickness, or count statements are inaccurate.

Some manufacturers appear aware that weights and measures officials are
restricted to test high density film using the 0.92 g/cm³ value because
the actual density value is not stated on the product label and the
existing procedural guidelines do not address high density polyethylene
materials. When testing at manufacturing locations, weights and measures
officials are able to obtain information regarding the density of the
product from the manufacturer. However, at distributor locations,
density information is not available and officials must test using the
0.92 g/cm³ designated in Handbooks 130 and 133.

Conversations with manufacturers and review of technical data sheets
from various manufacturers have indicated that 0.95 g/cm³ is an
acceptable minimum density value for HD labeled polyethylene film.

**Discussion:** The WWMA L&R Committee received no comments on this
item, other than those offered for LR-2.

**Recommendation:** WWMA supports (in consideration of the same issues
discussed in LR-2) forwarding this item, as amended below, to be placed
on the NCWM L&R Committee agenda.

Amend Handbook 133, Chapter 4.7 Polyethylene Sheeting -- Test Procedure
as follows:

> \*Determined by ASTM Standard D 1505-98 **[(or latest
> issue)]{.underline}** "Standard Method of Test for Density of Plastics
> by the Density Gradient Technique." For the purpose of this handbook,
> **[when the ~~actual~~ density (D) is not known,]{.underline}** the
> minimum density **[used to calculate the target net
> weight]{.underline}** shall be 0.92 g/cm³ **~~when the actual density
> is not known~~. [For products labeled "High Density," "HD," or similar
> wording, when D is not known, the minimum density (D) used to
> calculate the target net weight shall be 0.95 g/cm³.]{.underline}**
> **[When the polyethylene commodity package is labeled with a specific
> density, the labeled density factor shall be used to calculate the
> target net weight. If the official determines that the labeled density
> information is not accurate, the minimum density factors above shall
> be used to calculate the target net weight.]{.underline}**

To comment on this item, please contact Jeff Humphreys (LA County) by
telephone at (562) 940‑8922, by fax at (562) 861‑0278; by email at
[[jeffh@acwm.co.la.ca.us]{.underline}](mailto:jeffh@acwm.co.la.ca.us).

####### 270-5 Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation - Premium Diesel Lubricity

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

**Proposal:** Amend Section 2.2.1.in Handbook 130 Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation as follows:

> **2.2.1. Premium Diesel Fuel.** -- All diesel fuels identified on
> retail dispensers, bills of lading, invoices, shipping papers, or
> other documentation with terms such a premium, super, supreme, plus,
> or premier must conform to the following requirements:
>
> \(a\) **Cetane Number.** -- A minimum cetane number of 47.0 as
> determined by ASTM Standard Test Method D 613.
>
> \(b\) **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.
>
> \(c\) **Thermal Stability.** -- A minimum reflectance measurement of
> 80 % as determined by ASTM Standard Test Method D 6468 (180 min,
> 150 °C).
>
> \(d\) **Lubriticity.** -- A maximum wear scar diameter of 520 µm as
> determined by ASTM D 6079. If an enforcement jurisdiction's single
> test of more than 560 µm is determined, a second test shall be
> conducted. If the average of the two tests is more than 560 µm, the
> sample does not conform to the requirements of this part.

**Background:** A member of the petroleum industry believes the test and
associated tolerances for lubricity on premium diesel specified in
Section 2.2.1.(d) are inconsistent with that for regular diesel.
Effective January 1, 2005, the test tolerance for regular diesel
lubricity will be the ASTM D 6079 reproducibility of 136 μm (see
ASTM D 975‑04b). NCWM has chosen to accept the ASTM reproducibility
limits for all diesel (D 975) and gasoline (D 4814) properties (see
Section 7.2.2., Reproducibility), but has chosen a different
reproducibility limit for premium diesel lubricity without providing any
explanation as to why the ASTM reproducibility limit is insufficient. If
NCWM intends to impose a stricter lubricity requirement for premium
diesel, it should designate a tighter specification for this property
instead of a different test tolerance (e.g., for regular and premium
gasoline, premium has a different octane specification than regular but
the test tolerance is the same). ASTM reproducibility limits are, by
definition, based on establishing a 95 % probability that product that
should pass, will pass. Applying an average test as specified in
Section 2.2.1.(d) reduces this probability to only 80 %.

The Committee received comments from several members of the Premium
Diesel Work Group (Work Group) who do not support the item as presented
by the petroleum industry member. Work Group members believed the
process that led to the current definition was very thorough and
complete and the premium diesel lubricity requirements were established
with a full understanding of their implications. The Work Group members
felt that knowledgeable individuals provided input to the process, which
lead to the consensus position contained in the current regulation. The
work being done by the Work Group was reported at meetings of ASTM
Subcommittee E‑2 every six months. The current regulation has been
endorsed by the American Petroleum Institute, the Engine Manufacturer\'s
Association, and NCWM.

Prior to this requirement being adopted, the ASTM Lubricity Task Force
conducted a great deal of research on this topic. Based on their
research, the ASTM Lubricity Task Force had concluded that a limit of
520 µm would meet the requirements of equipment in the field. Since the
passage of this model regulation, ASTM included a lubricity requirement
for No. 1 and No. 2 diesel fuel effective January 1, 2005. The ASTM
requirement is also 520 µm.

Work Group members reported that when this regulation was being written
fuels with adequate lubricity provided a functional benefit to the end
user. The Work Group agreed with the ASTM Lubricity Task Force that
520 µm was the correct limit to set for premium diesel. However, the
Work Group\'s review process also indicated increased pump wear for
fuels with High-Frequency Reciprocating Rig (HFRR) values greater than
560 µm. The current reproducibility value of the HFRR test method would
have placed enforcement well beyond the 560 µm level, essentially
allowing fuels with little lubricity protection to be sold as Premium.
The Work Group believed they could not recommend a premium fuel standard
that would permit excessive pump wear. Using the statistical tools
provided in ASTM D 3244, the Work Group evaluated an enforcement limit
of 560 µm. The statistical tools indicated that a single laboratory
reporting the assigned test value would have an enforcement limit of
approximately 80 % probability of acceptance, while the average of two
separate laboratories reporting the assigned test value would have an
enforcement limit of approximately 90 % probability of acceptance. It
was agreed that for a premium fuel the average of two test results was
the best approach given the current test methods and precision
available. Therefore, if a test exceeds 560 µm, then a second test must
be run. The average of the two tests must exceed 560 µm before a
violation would occur. At this time, the Work Group members believe this
remains the best approach.

The Committee has forwarded this proposal to the Petroleum Subcommittee
for review and has requested that the Subcommittee provide the Committee
with its recommendation. The Subcommittee has requested that this item
remain on the Committee's agenda as a developing issue until the
Subcommittee can make a recommendation.

**Contact:** NCWM Petroleum Subcommittee, Ron Hayes, Chair,
(573) 751‑2922,
[[ron.hayes@mda.mo.gov]{.underline}](mailto:ron.hayes@mda.mo.gov).

**Discussion:** At the WWMA 2006 Annual Meeting, the WWMA L&R Committee
received only one comment regarding this item, acknowledging the ongoing
review by the Petroleum Subcommittee. WWMA notes that the NCWM L&R
Committee has forwarded the proposal for review by the Petroleum
Subcommittee and agrees that this item should remain Developmental
pending the Subcommittee's recommendation.

At its 2006 Interim Meeting, CWMA indicated that the NCWM Petroleum
Subcommittee will make recommendations after ASTM improves the test
method\'s precision and after the conclusion of the CRC test program.
The CWMA L&R Committee is awaiting recommendation from the NCWM
Petroleum Subcommittee.

####### 270-6 Amend Handbook 130 Interpretations and Guidelines Section 2.3.2. Guidelines for the Method of Sale of Fresh Fruits and Vegetables

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

**Proposal:** Amend Handbook 130 Interpretations and Guidelines
Section 2.3.2. to recognize and support innovation in modern retail food
marketing approaches at all forms of outlets from typical grocery stores
to the age-old farm markets.

**Discussion:** The method of sale guidelines for the sale of fresh
fruits and vegetables that currently appear in Handbook 130 are outdated
and in need of revision. The present guidelines do not recognize current
retailing practices and are not expansive enough to cover many exotic
and unusual fruits and vegetables that are becoming more common in the
marketplace. Additionally, the present guidelines do not take into
consideration the necessary limitations experienced by retailers at
roadside stands and farmers markets.

The original proposal for this item reflected input from only a single
jurisdiction. The Committee was informed that several industry
associations have requested an opportunity to review and respond to this
proposal. The Committee believes there are several factual errors within
the classifications of produce provided, and there are several types of
produce still not covered by the proposal provided. The Committee has
made this item developmental so it may be more fully developed with
input from jurisdictions throughout the country and from affected
industry associations and businesses.

**Discussion:** At its 2006 Interim Meeting, CWMA heard a comment that
this item should be moved to informational for a year. The body of the
guideline needs to be circulated within CWMA before it becomes a voting
item.

The WWMA L&R Committee received no comments regarding this item. It was
noted by the Committee Chairman that all are encouraged to provide any
input on this item to the NCWM L&R Committee.

Please contact Ross Andersen (NY Bureau of Weights and Measures) by
telephone at (518) 457‑3146 or by email at
[[ross.andersen@agmkt.state.ny.us]{.underline}](mailto:ross.andersen@agmkt.state.ny.us)
for comments or further information.

####### 270-7 Amend Handbook 133 Section 2.3, Moisture Allowances to Provide Clearer Guidance.

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

**Proposal:** Amend Handbook 133 Section 2.3, Moisture Allowances
(pages 17 through 19 of the Handbook) to provide clearer guidance.

**Background:** The issue of moisture loss is complex. NIST Handbook 133
currently provides specific guidance on the determination and
application of moisture allowances for only a limited number of
commodities. Concerns have been raised that this guidance is confusing
and difficult to understand, particularly with regard to when moisture
loss is applied (i.e., at the time of inspection or subsequent to the
inspection). Requests have been received to reword this section to make
it easier to understand and apply.

In addition, NIST Handbook 133 provides little guidance on the
determination and application of moisture allowances for commodities
other than those specifically listed. Weights and measures jurisdictions
across the country have been struggling with how to properly handle
moisture loss during packaging inspections and need more definite
guidance on this issue.

The Committee does not believe it has the time or expertise to address
properly the issue of moisture loss within the structure of NCWM. The
Committee has decided to request activation of a NIST Moisture Loss Work
Group to establish more effective and extensive guidance to NCWM
regarding the proper determination and application of moisture loss.

**Discussion of this Item by WWMA:**

The WWMA L&R Committee received explanation from Ken Butcher, NIST,
noting that a meeting was tentatively planned for November 2006, but was
delayed to allow time for everyone to identify and agree on the issues
to be addressed by the group to ensure that expectations for the meeting
results were clear. The Weights and Measures Division (WMD) has agreed
to fund the travel and attendance of one NCWM representative. Leading
issues include providing additional guidance in Handbook 133 regarding
the determination and application of appropriate moisture loss
allowances in package inspections, with noted examples including how to
address gel soaker pads in poultry/meat packages as well as how to
determine moisture allowances for pasta, rice, and other commodities for
which there exist no established moisture loss allowances. Additionally,
guidance regarding application of moisture loss allowances at the
point-of-pack should be addressed.

An industry representative urged involvement in the meeting and ensuing
work on Handbook 133 amendments from the Food and Drug Administration
(FDA) and the United States Department of Food and Agriculture (USDA) to
ensure input and consensus from all relevant agencies. He further
emphasized the need to review and consolidate all decisions and
directives from any and all court rulings regarding moisture loss
issues. Factors to be considered in determining and applying appropriate
moisture loss allowances and influences upon such losses include
commodity stability limits and varying environmental conditions at
packing plants such as relative humidity and constant temperature rooms
maintained at different temperature levels. The industry representative
also urged that guidance be provided to industry members regarding the
types of data needed to be tracked and provided by packers/manufacturers
in addressing moisture allowance determinations.

**Discussion of this Item by the Central Weights and Measures
Association at it 2006 Interim Meeting:** A comment was heard from
industry that this needs to be addressed in order for businesses to be
competitive. USDA and FDA need to be involved in the development of this
item. A meeting is tentatively scheduled for November prior to the NCWM
Interim Meeting. There was general agreement that in order for this
meeting to be effective, the USDA and FDA must be present. Comments were
heard in support of using the New York proposal to correct the error in
Handbook 133.

Please contact Tom Coleman, NIST Moisture Loss Work Group Technical
Advisor by telephone at (301) 975‑4868 or by email at
<t.coleman@nist.gov> for additional information or comments.

James Cassidy, Chairman, Cambridge, Massachusetts

Joe Benavides, Texas

Vicky Dempsey, Montgomery County, Ohio

Roger Macey, California

Stephen Benjamin, North Carolina

Vince Orr, ConAgra Foods, Associate Member Representative

Doug Hutchinson, Canada, Technical Advisor

Brian Lemon, Canada, Technical Advisor

Tom Coleman, NIST, Technical Advisor

**Laws and Regulations Committee**

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