Laws and Regulations Committee

Interim Report

Vicky Dempsey, Chairperson

Montgomery County, Ohio

###### 200 INTRODUCTION

The Committee on Laws and Regulations (hereinafter referred to as
"Committee") submits its Interim Report for consideration by the
National Conference on Weights and Measures (NCWM). This report contains
the items discussed and actions proposed by the Committee during its
Interim Meeting in Albuquerque, New Mexico, January 27 ‑ 30, 2008. At
the 2008 Interim Meeting, the Laws and Regulations Committee changed the
Petroleum Subcommittee's name to the Fuels and Lubricants Subcommittee
(FALS) in recognition of its work with a wide variety of fuels including
petroleum and biofuels.

Table A identifies the agenda items in the Report by reference key
number, item title, and page number. The item numbers are those assigned
in the Interim Meeting agenda. A voting item is indicated with a **"V"**
after the item number. An item marked with an **"I"** after the
reference key number is an information item. An item marked with a
**"D"** after the key number is a developing item. The developing
designation indicates an item has merit; however, the item is returned
to the submitter for further development before any action can be taken
at the national level. An item marked with a **"W"** was withdrawn by
the Committee. An item marked with a **"W"** generally will be referred
to the regional weights and measures associations because it either
needs additional development, analysis, and input or does not have
sufficient Committee support to bring it before the NCWM.

This agenda contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, "Uniform Laws and
Regulations," (2008), 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 some
references in the text; however, in most cases section is spelled out
and is then followed by the section number and title, (for example,
Section 1.2. Weight). When used in this report, the term "weight" means
"mass."

**Note:** The policy of NIST is to use metric units of measurement in
all of its publications; however, recommendations received by the NCWM
technical committees have been printed in this publication as they were
submitted and, therefore, may contain reference to inch-pound units.

#### 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

## [200 INTRODUCTION 1](#introduction) {#introduction-1 .TOC-1}

## [223 UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND AUTOMOTIVE LUBRICANTS INSPECTION LAW (EFL) 3](#uniform-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-law-efl) {#uniform-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-law-efl-3 .TOC-1}

## [223-1 V Revision of the Uniform Engine Fuels, Petroleum Products and Automotive Lubricants Inspection Law 3](#v-revision-of-the-uniform-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-law) {#v-revision-of-the-uniform-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-law-3 .TOC-2}

## [232 METHOD OF SALE REGULATION 9](#method-of-sale-regulation) {#method-of-sale-regulation-9 .TOC-1}

## [232-1 I Automatic Temperature Compensation (ATC) for Petroleum Products 9](#i-automatic-temperature-compensation-atc-for-petroleum-products) {#i-automatic-temperature-compensation-atc-for-petroleum-products-9 .TOC-2}

## [232-2 V Biodiesel Labeling 22](#v-biodiesel-labeling) {#v-biodiesel-labeling-22 .TOC-2}

## [237 ENGINE FUELS, pETROLEUM pRODUCTS AND AUTOMOTIVE LUBRICANTS INSPECTION Regulation 25](#engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation) {#engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation-25 .TOC-1}

## [237-1 V Revision of the Engine Fuels, Petroleum Products and Automotive Lubricants Inspection Regulation 25](#v-revision-of-the-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation) {#v-revision-of-the-engine-fuels-petroleum-products-and-automotive-lubricants-inspection-regulation-25 .TOC-2}

## [237-2 I Revise Section 2.1. Gasoline and Gasoline-Oxygenate Blends 42](#i-revise-section-2.1.-gasoline-and-gasoline-oxygenate-blends) {#i-revise-section-2.1.-gasoline-and-gasoline-oxygenate-blends-42 .TOC-2}

## [250 INTERPRETATIONS AND GUIDELINES 44](#interpretations-and-guidelines) {#interpretations-and-guidelines-44 .TOC-1}

## [250-1 V Amend Handbook 130 Interpretations and Guidelines Section 2.3.2. Guidelines for the Method of Sale of Fresh Fruits and Vegetables 44](#v-amend-handbook-130-interpretations-and-guidelines-section-2.3.2.-guidelines-for-the-method-of-sale-of-fresh-fruits-and-vegetables) {#v-amend-handbook-130-interpretations-and-guidelines-section-2.3.2.-guidelines-for-the-method-of-sale-of-fresh-fruits-and-vegetables-44 .TOC-2}

## [270 Other items -- Developing items 51](#other-items-developing-items) {#other-items-developing-items-51 .TOC-1}

## [270-1 D Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation -- Premium Diesel Lubricity 51](#d-amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation-premium-diesel-lubricity) {#d-amend-section-2.2.1.-in-handbook-130-uniform-engine-fuels-regulation-premium-diesel-lubricity-51 .TOC-2}

## [270-2 D Amend Handbook 133 Section 2.3, Moisture Allowances to Provide Clearer Guidance 53](#d-amend-handbook-133-section-2.3-moisture-allowances-to-provide-clearer-guidance) {#d-amend-handbook-133-section-2.3-moisture-allowances-to-provide-clearer-guidance-53 .TOC-2}

## [270-3 D Laws and Regulations Committee Work Group (WG) on Moisture Loss 53](#d-laws-and-regulations-committee-work-group-wg-on-moisture-loss) {#d-laws-and-regulations-committee-work-group-wg-on-moisture-loss-53 .TOC-2}

## [270-4 D Fuels and Lubricants Subcommittee (FALS) (Formerly the Petroleum Subcommittee) 54](#d-fuels-and-lubricants-subcommittee-fals-formerly-the-petroleum-subcommittee) {#d-fuels-and-lubricants-subcommittee-fals-formerly-the-petroleum-subcommittee-54 .TOC-2}

Table B

**Appendices**

Appendix A. Letters Submitted to the NCWM Conference Concerning
Automatic Temperature Compensation... A1

Appendix B. Letters Submitted to the NCWM Conference Concerning Engine
Fuels, Petroleum Products and Automotive Lubricants B1

[Appendix C. L&R Committee Work Group on Moisture Loss
C1](../10C_LR-08-Pub16%20-%20040308-LW.doc)

####  

#### Details of all Items

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

###### 223 UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND AUTOMOTIVE LUBRICANTS INSPECTION LAW (EFL)

####### 223-1 V Revision of the Uniform Engine Fuels, Petroleum Products and Automotive Lubricants Inspection Law

**Source:** Fuels and Lubricants Subcommittee (formerly the Petroleum
Subcommittee)

**Committee Action at the 2008 Interim**: At the NCWM Interim meeting in
Albuquerque, New Mexico, January 26 ‑ 30, 2008, the Fuels and Lubricants
Subcommittee presented a proposed revision of the Engine Fuels,
Petroleum Products and Automotive Inspection Law. The Subcommittee had
met various times, either in person or by teleconference, to carry out
its revision of the Uniform Law. In advance of the Interim Meeting, the
Subcommittee distributed their report to the Committee, State Weights
and Measures Directors and other stakeholders for review and comment
prior to the meeting. See the written comments received on this item in
Appendix B.

**Background:** The Subcommittee met on January 24, 2007, at the Interim
Meeting in Jacksonville, Florida, to undertake a review of a number of
significant issues related to fuel standards. Their first project was to
undertake a review and update of the Uniform Engine Fuels, Petroleum
Products, and Automotive Lubricants Law in HB 130. The goal of the
Subcommittee was to prepare and submit a major revision of this
regulation for consideration by the Committee at the 2008 Interim
Meeting. The Subcommittee also reviewed the Engine Fuels, Petroleum
Products, and Automotive Lubricants Regulation and prepared a draft
revision that is described in 237‑1 below. The Subcommittee met at the
2007 NCWM Annual Meeting and continued its work on a number of items
including a substantive revision of the fuel ethanol-labeling
requirement, which the NCWM adopted at that meeting. The Subcommittee
met again on December 5, 2007, at the ASTM Meeting in Phoenix, Arizona,
and held a conference call on January 15, 2008, in order to complete its
work on the recommendations it presented to the Committee at the 2008
Interim Meeting.

**Discussion:** The Subcommittee recommends the title of the uniform law
be amended by deleting "petroleum products" (also delete the definition)
so the title reflects the growing use of alternative and renewable fuels
in the marketplace. Other proposed amendments will add additional power
to provide the Director with authority to review records and grant
waivers to specific requirements in the event of an emergency or
national disaster. Editorial revisions were also made to update several
references and to reflect the name change of the Society of Automotive
Engineers to SAE International.

The Subcommittee is also proposing to clarify the effective date of
referenced ASTM International standards. The subcommittee recommends
that an "active" standard be the current, official version of an ASTM
standard. An "active" standard supersedes the previous historical
versions of a standard. Both "active" and "historical" versions are
published at https://www.astm.org or by mail ASTM International, 100
Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania
19428‑2959. See the proposal for details on other suggested changes.

The Chairman of the subcommittee is Ron Hayes, Missouri, who can be
contacted at (573) 751‑2922 or at ron.hayes@mda.mo.gov.

Committee Recommendation: Adopt the revised Uniform Fuels and Automotive
Lubricants Law as presented in the following text.

Uniform Engine Fuels~~, Petroleum Products~~ and Automotive Lubricants
Inspection Law

As adopted by

The National Conference on Weights and Measures[^1]

**1. Background**

In 1984, the National Conference on Weights and Measures adopted a
section in the Uniform Regulation for the Method of Sale of Commodities
requiring that motor fuel containing alcohol be labeled to disclose to
the retail purchaser that the fuel contains alcohol. The delegates
deemed this action necessary since motor vehicle manufacturers were
qualifying their warranties with respect to some gasoline-alcohol
blends, motor fuel users were complaining to weights and measures
officials about fuel quality and vehicle performance, and the ASTM
International had not yet finalized quality standards for oxygenated
(which includes alcohol-containing) fuels. While many argued that
weights and measures officials should not cross the line from quantity
assurance programs to programs regulating quality, the delegates were
persuaded that the issue needed immediate attention.

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for
achieving uniformity in the evaluation and regulation of motor fuels.
The Task Force developed the Uniform Motor Fuel Inspection Law and the
Uniform Motor Fuel Regulation (see the Uniform Regulations section of
this handbook) to accompany the law. The recommended law required
registration and certification of motor fuel as meeting ASTM standards.
It established a motor fuel quality testing capability by the state.
Funding for the installation and support of the testing facility was
established by a fee per liter or per gallon on all fuel marketed within
the state.

In 1992, the NCWM established the Petroleum Subcommittee under the Laws
and Regulations Committee. The subcommittee recommended major revisions
to the law that was adopted at the 80^th^ NCWM in 1995. The scope of the
law was expanded to include all engine fuels, petroleum products, and
automotive lubricants, and its title was changed accordingly. Other
changes included expansion of the definitions section, limitation of the
scope of the registration section to engine fuels designed for special
use, and addition of sections on administrative and civil penalties and
on criminal penalties.

**[In 2007 the Fuel and Lubricants Subcommittee (formerly the Petroleum
Subcommittee) undertook a review of this uniform law to update it to
eliminate reference to "petroleum products" and reflect the addition of
new engine fuels to the marketplace. The amendments included new
provisions to provide officials with the authority to review delivery
records and grant waivers of requirements adopted under the law in times
of emergency or natural disasters.]{.underline}**

**[At the 2008 NCWM Interim Meeting, the Laws and Regulations Committee
changed the Petroleum Subcommittee's name to the Fuels and Lubricants
Subcommittee (FALS) in recognition of its work with a wide variety of
fuels including petroleum and biofuels.]{.underline}**

**2. Status of Promulgation**

The current Uniform Fuels and Automotive Lubricants Inspection Law was
recommended for adoption by the Conference in **~~1995~~**
**[2008]{.underline}**. The table beginning on page 10 shows the status
of adoption of the law.

**Uniform Engine Fuels~~, Petroleum Products~~ and Automotive Lubricants
Inspection Law**

**Section 1. Purpose**

There should be uniform requirements for engine fuels, **~~petroleum
products~~ [non-engine fuels]{.underline}**, and automotive lubricants
among the states. This Act provides for the establishment of quality
specifications for these products.

**Section 2. Scope**

The Act establishes a sampling, testing, and enforcement program,
provides authority for fee collection, requires registration of engine
fuels, and empowers the state to promulgate regulations as needed to
carry out the provisions of the Act. It also provides for
administrative, civil, and criminal penalties.

**Section 3. Definitions**

As used in this act:

**3.1. Engine Fuel.** -- any liquid or gaseous matter used for the
generation of power in an internal combustion engine.

**3.2. Director.** -- the \_\_\_\_\_\_ of the Department of
\_\_\_\_\_\_\_\_ and designated agents.

**3.3. Person.** -- an individual, corporation, company, society,
association, partnership, or governmental entity.

**3.4. ASTM International (ASTM).** -- an international voluntary
consensus standards organization formed for the development of standards
on characteristics and performance of materials, products, systems, and
services, and the promotion of related knowledge.

####### **~~3.5. Petroleum Products.~~ -- ~~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.~~** {#petroleum-products.-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. .UniformEngFuelLevel2}

**3.5. Automotive Lubricants.** -- any material interposed between two
surfaces that reduces the friction or wear between them.

**3.6. Engine Fuel Designed for Special Use.** -- engine fuels
designated by the Director requiring registration. These fuels normally
have no ASTM or other national consensus standards applying to their
quality or usability; common special fuels are racing fuels and those
intended for agricultural and other off-road applications.

**3.7. Sold.** -- kept, offered, or exposed for sale.

**[3.8. Non-engine Fuels. -- any liquid or gaseous matter used for the
generation of heat, power, or similar uses.]{.underline}**

**[(Added 200X)]{.underline}**

**Section 4. Administration, Adoption of Standards, and Rules**

The provisions of this Act shall be administered by the Director. For
the purpose of administering and giving effect to the provisions of this
Act, the specification and test method standards set forth in the most
recent **~~edition~~ [version available]{.underline}** ~~**of the Annual
Book of ASTM standards and supplements thereto, and revisions
thereof**~~ **[of ASTM International standards as published on its
website]{.underline}** http://[www.ASTM.org](http://www.ASTM.org/) are
adopted except as amended or modified as required by the Director to
comply with federal and state laws. When no ASTM standard exists, other
generally recognized national consensus standards may be used. The
Director is empowered to write rules and regulations on the advertising,
posting of prices, labeling, standards for, and identity of fuels**~~,
petroleum products~~, [non-engine fuels,]{.underline}** and automotive
lubricants and is authorized to establish a testing laboratory.

**[(Amended 200X)]{.underline}**

**Section 5. General Duties and Powers**

The Director shall have the authority to:

**5.1.** Enforce and administer all the provisions of this Act by
inspections, analyses, and other appropriate actions.

**5.2.** Have access during normal business hours to all places where
engine fuels, ~~**petroleum products**,~~ **[non-engine
fuels]{.underline}** and automotive lubricants are kept, transferred,
offered, exposed for sale, or sold for the purpose of examination,
inspection, taking of samples, **[and review of fuel storage, receipts,
transfers, sales records or delivery records for determining compliance
with this Act.]{.underline}** If such access is refused by the owner,
agent, or other persons leasing the same, the Director may obtain an
administrative search warrant from a court of competent jurisdiction.

**[(Amended 200X)]{.underline}**

**5.3.** Collect, or cause to be collected, samples of engine fuels,
~~**petroleum products,**~~ **[non-engine fuels]{.underline}** and
automotive lubricants marketed in this state, and cause such samples to
be tested or analyzed for compliance with the provisions of this Act.

**5.4.** Define engine fuels for special use and refuse, revoke,
suspend, or issue a stop-order if found not to be in compliance and
remand stop-order if the engine fuel for special use is brought into
full compliance with this Act.

**5.5.** Issue a stop-sale order for any engine fuel, **~~petroleum
product,~~ [non-engine fuels]{.underline}** and automotive lubricant
found not to be in compliance and remand a stop-sale order if the engine
fuel, petroleum product, or automotive lubricant is brought into full
compliance with this Act.

**5.6.** Refuse, revoke, or suspend the registration of an engine fuel,
petroleum product, or automotive lubricant.

**5.7.** Delegate to appropriate personnel any of these responsibilities
for the proper administration of this Act.

**[5.8. The director is empowered to waive specific state requirements
adopted under this Act or may establish alternative requirements for
fuels as determined to be necessary in the event of an emergency or a
natural disaster for a specified period of time.]{.underline}**

**[(Added 200X)]{.underline}**

**Section 6. Registration of Engine Fuels Designed for Special Use**

All engine fuels designed for special use must be registered with the
Director. Such registration shall include:

**6.1.** Name, brand, or trademark under which the fuel will be sold.

**6.2.** Name and address of person registering the engine fuel.

**6.3.** The special use for which the engine fuel is designed.

**6.4.** A certification, declaration, or affidavit stating the fuel
specifications.

**Section 7. Inspection Fee**

There shall be a fee of \$\_\_\_\_\_\_\_\_\_\_ per appropriate unit of
measure on all products covered under the scope of this Act marketed
within this state for the purposes of administering and effectively
enforcing the provisions of this Act.

**Section 8. Prohibited Acts**

It shall be unlawful to:

**8.1.** Represent engine fuels, **~~petroleum products~~ [non-engine
fuels]{.underline}**, or automotive lubricants in any manner that may
deceive or tend to deceive the purchaser as to the nature, brand, price,
quantity, and/or quality of such products.

(Amended 1996)

**8.2.** Fail to register an engine fuel designed for special use.

**8.3.** Submit incorrect, misleading, or false information regarding
the registration of an engine fuel designed for special use.

**8.4.** Hinder or obstruct the Director in the performance of the
Director's duties.

**8.5.** Represent an engine fuel, **~~petroleum product~~ [non-engine
fuels]{.underline}**, or automotive lubricant that is contrary to the
provisions of this Act.

**8.6.** Represent automotive lubricants with an SAE International
viscosity grade or API (American Petroleum Institute) service
classification other than those specified by the intended purchaser.

(Added 1996)

**Section 9. Civil Penalties**

**9.1. Assessment of Penalties.** -- Any person who, by himself or
herself, by his or her servant or agent, or as the servant or agent of
another person commits any of the acts enumerated in Section 22 may be
assessed by the \_\_\_\_\_\_\_\_\_\_ a civil penalty of:

a.  not less than \$ \_\_\_ nor more than \$\_\_\_ for a first
    violation,

b.  not less than \$\_\_\_ nor more than \$\_\_\_ for a second violation
    within \_\_\_ from the date of the first violation, and

c.  not less than \$\_\_\_ nor more than \$\_\_\_ for a third violation
    within \_\_\_ from the date of the first violation.

**9.2. Administrative Hearing.** -- Any person subject to a civil
penalty shall have a right to request an administrative hearing within
\_\_\_\_\_\_\_\_\_\_ days of receipt of the notice of the penalty. The
director or his/her designee shall be authorized to conduct the hearing
after giving appropriate notice to the respondent. The decision of the
director shall be subject to appropriate judicial review.

**9.3. Collection of Penalties.** -- If the respondent has exhausted his
or her administrative appeals and the civil penalty has been upheld, he
or she shall pay the civil penalty within \_\_\_ days after the
effective date of the final decision. If the respondent fails to pay the
penalty, a civil action may be brought by the director in any court of
competent jurisdiction to recover the penalty. Any civil penalty
collected under this Act shall be transmitted to \_\_\_\_\_\_\_\_\_\_.

**Section 10. Criminal Penalties**

**10.1. Misdemeanor.** -- Any person who violates any provision of this
Act or regulations promulgated thereto shall be guilty of a Class \_\_\_
misdemeanor and upon conviction shall be punished by a fine of not less
than \$\_\_\_\_\_\_\_\_\_\_ nor more than \$\_\_\_\_\_\_\_\_\_\_, or
imprisonment for not less than \_\_\_ nor more than \_\_\_ or both.

**10.2. Felony.** -- Any person who intentionally violates any provision
of this Act or regulations promulgated thereto or is convicted under the
misdemeanor provisions of this section more than three times in a 2‑year
period shall be guilty of a Class \_\_\_\_\_\_\_\_\_\_ felony and upon
conviction shall be punished by a fine of not less than
\$\_\_\_\_\_\_\_\_\_\_ nor more than \$\_\_\_\_\_\_\_\_\_\_, or
imprisonment for not less than \_\_\_\_\_\_\_\_\_\_ nor more than
\_\_\_\_\_\_\_\_\_\_, or both.

**Section 11. Restraining Order and Injunction**

The Director is authorized to apply to any court of competent
jurisdiction for a restraining order or a temporary or permanent
injunction restraining any person from violating any provision of this
Act.

**Section 12. Severability Provisions**

If any word, phrase, provision, or portion of this Act shall be held in
a court of competent jurisdiction to be unconstitutional or invalid, the
unconstitutionality or invalidity shall apply only to such word, phrase,
provision, or portion, and for this purpose the provisions of this Act
are declared to be severable.

**Section 13. Repeal of Conflicting Laws**

All laws and parts of laws contrary to or inconsistent with the
provisions of this Act are repealed except as to offense committed,
liabilities incurred, and claims made thereunder prior to the effective
date of this Act.

**Section 14. Citation**

This Act may be cited as the "Engine Fuels**~~, Petroleum Products,~~**
and Automotive Lubricants Inspection Act of \_\_\_\_\_\_\_\_\_\_."

**[(Amended 200X)]{.underline}**

**Section 15. Effective Date**

This Act shall become effective on \_\_\_\_\_\_\_\_\_\_.

###### 232 METHOD OF SALE REGULATION

####### 232-1 I Automatic Temperature Compensation (ATC) for Petroleum Products

**Committee action at the 2008 Interim Meeting:** At the 2008 Interim
Meeting, the Committee considered the recommendations and comments
received from the consumer groups, petroleum marketers associations, and
independent business operators on this issue. The Committee received
17 written comments (see Appendix A). During the open hearings, the
committee received comments, opinions, and concerns from more than 36
attendees. Opponents of the regulation argue that it may put the small
business owners out of business due to the cost to retrofit their older
equipment. There was a recommendation that if the proposed method of
sale were adopted an exemption be included for the small business owner.
Several speakers said the only winners in ATC are the equipment and
testing companies, lawyers, and lobbyists. A majority of the opposing
comments argued that consumers would pay more for gas at the pump to
cover the implementation of ATC and that they would receive no benefit
from the change in methods of sale. The comments also expressed concern
that weights and measures officials would have a bigger burden on their
already strained resources because of the additional time that would be
needed to test pumps equipped with ATC.

Supporting comments were received from a few state and local officials,
an organization of independent truckers and a consumer advocacy group. A
few of the supporters argued that consumers that obtain gas in "hot
spots" are not getting what they pay for when they purchase fuel and a
few jurisdictions requested that the NCWM act to provide a uniform
national standard should retailers begin selling on the basis of
temperature compensated deliveries in states where the practice is
permissive. Concern was also voiced over the possibility that national
uniformity in the method of sale of fuels at retail will be diminished
if some jurisdictions may allow temperature compensation at retail
stations while others do not. (See the written comments in Appendix A
for additional information.)

The Committee learned at the Interim Meeting that the California Energy
Commission (CEC) is conducting a study entitled "AB868 Fuel Delivery
Temperature Study." One of the goals of that study will be determining
what impact ATC will have on consumers, businesses, agencies and the
marketplace in that state. The CEC advisory panel will be holding two
public meetings prior to the NCWM regional meeting in July and in
September 2008; the panel is tentatively planning on releasing a
preliminary draft report.

The Committee will monitor the CEC and other studies, including one
under consideration by the U.S. Government Accountability Office (GAO).
The Committee agreed with the majority of the comments that the cost and
benefits of temperature compensation at the retail level are still
unknown and the members unanimously agreed that further information is
needed before a proposal for a temperature compensation method of sale
can be considered by the NCWM. For the reasons detailed above and in the
written comments, this item was made Informational.

**Method of Sale Proposal**

This item is presented in two parts. Part I includes a proposed method
of sale developed by the NCWM Automatic Temperature Compensation
Steering Committee (ATCSC). Part II includes the original recommendation
for a method of sale developed by the Committee at the 2007 Interim
Meeting that was not adopted at the 2007 NCWM Annual Meeting.

**Part I. Automatic Temperature Compensation Steering Committee (ATCSC)
Background and Recommended Method of Sale**

**Background:** The ATCSC held a meeting August 27 ‑ 29, 2007, in
Chicago, Illinois to address issues associated with potential
implementation of ATC for retail motor fuel. Valuable input was received
during that meeting from marketers, manufacturers, consumers, and
regulatory officials. Following the meeting, the ATCSC continued to
receive input from the four regional weights and measures associations.

It is not the charge of the ATCSC to endorse or oppose the
implementation of ATC at retail. Instead, the ATCSC is charged with
addressing issues associated with the implementation of ATC to assist
the NCWM membership in coming to a consensus on the issue. The proposals
of the ATCSC reflect the committee's opinion on the best approach to ATC
if NCWM votes to implement it.

The ATCSC considered the following discussion points in forming a
proposal for the Method of Sale Regulation:

**1. Permissive vs. Mandatory ATC**

In cold climates, voluntary introduction of ATC can be fairly
successful. In regions where fuel temperatures average below 60 °F, a
retailer who implements ATC could lower the unit price while maintaining
the same profit margin. This acts as an enticement for retailers to take
that step. Conversely, in regions where fuel temperatures average above
60 °F, retailers would find it necessary to raise the unit price to
maintain profit margins. As a result, it could be expected that, under a
permissive implementation, cooler regions will see implementation of ATC
while warmer climates will not. In regions where there is no definite
advantage one way or the other, it is possible that consumers will find
price and quantity comparisons impossible between retail outlets that
compensate and outlets that do not.

The preamble to the Method of Sale Regulation states, "The purpose of
this regulation is to require accurate and adequate information about
commodities so that purchasers can make price and quantity comparisons."
The ATCSC is convinced that introduction of ATC in the marketplace
without making ATC mandatory is in direct conflict with the purpose of
the regulation. Therefore, the ATCSC proposal provides a transition to
ATC where the equipment is made available, followed by a period of time
when ATC may be implemented (turned on), followed by a date when ATC
would be mandatory. The timeline for this transition should provide a
reasonable timeframe for natural replacement of the majority of
dispensers in the country.

Since it is unclear whether ATC would provide a cost savings to
consumers in the United States, the ATCSC believes we must make this
decision based on what we know. ATC is a superior method of measurement
that provides a higher degree of transparency in unit pricing. With
mandatory ATC at retail, consumers would have assurance that, no matter
where they choose to purchase motor fuel, the price stated represents a
gallon at 60 °F. This level of transparency does not exist in a gross
gallon market or a permissive ATC market. It is upon this premise that
we must make our decision.

**2. Referencing 60 °F and 15 °C**

The ATCSC realized that the difference between 60 °F and 15 °C is
relevant and must be rectified. Testimony disclosed that many
international markets have established 60 °F as the reference
temperature. This practice is also implemented throughout the U.S.
distribution of petroleum products. One option is to only reference
60 °F, but this approach conflicts with the NCWM's commitment to
acknowledge the metric system. To balance the need to recognize the
metric system without disrupting the current marketing practices
throughout the production and distribution system in the United States,
the ATCSC recommends referencing 60 °F with the metric equivalent of
15.56 °C. The ATCSC proposes the use of 60 ºF (15.56 ºC) as the
reference temperature for both gallons and liters to maintain a common
reference temperature in the United States when both gallons and liters
are used. However, the ATCSC recognizes that when liters are used as the
volume measurement unit in other countries, then the reference
temperature of 15 ºC is used. The ATCSC recommends that other parties
provide input to the NCWM committees on this subject for further
discussion.

**3. Establish Standardized Product Densities for Calculating Volume
Correction Factors**

To implement ATC for retail motor fuel, there must be an agreement on
product densities to be used in volume correction factors. In late July
2007, the ATCSC conducted an outreach to accumulate data on the
densities for various products falling under ASTM Committee D02
standards across the United States. Outreach went to weights and
measures jurisdictions, the Alliance of Automobile Manufacturers, and
the American Petroleum Institute. The ATCSC also considered standard
densities used in Canada for temperature compensation. The ATCSC set out
to use this data to develop a single set of standard densities to be
used throughout the country for volume correction factors. Details of
this item can be reviewed in the reports of the ATCSC, which are
available at [http://www.ncwm.net](http://www.ncwm.net/) on the
Internet.

There was much discussion whether to reference standard density as
Canada has done, or reference standard API gravity as is done throughout
much of the U.S. petroleum market. Ultimately, the ATCSC has opted to
reference standardized API gravity for the following products based on
the density data it has reviewed.

-   62 API for gasoline, including ethanol blends up to E10

-   37 API for No. 2 diesel, including biodiesel blends up to B20

More data are needed to determine standard densities for additional
products such as No. 1 diesel and higher blends of biodiesel and
ethanol.

**4. Disclosure -- Street Signs, Dispensers, Receipts or Invoices, and
Other Advertisements**

Based on comments the ATCSC received, the following issues were
considered regarding disclosure when ATC is in use.

-   Terminology needs to be uniform to assist consumer recognition.

-   Disclosure on street signs must be prominent to be seen and not too
    wordy to allow for easy recognition by motorists while operating
    their vehicles.

-   Disclosure on the dispenser should be near the display of volume
    delivered.

-   Any other advertising of unit price for motor fuel should also
    disclose if it represents the price of temperature compensated
    volume.

-   Examples were provided of disclosure labeling for dispensers in
    Canada for the ATCSC's consideration.

The ATCSC recommends a simple, uniform, and prominent display of "ATC"
on street signs. It will eventually become understood and recognized by
motorists. For disclosure on dispensers, receipts, or invoices, the
ATCSC recommends the statement, "Volume Corrected to 60 °F." This
follows the model found in Canada and seems to be clear and concise.

**5. Implementation**

Following the August 27 ‑ 29, 2007, meeting of the ATCSC its members
suggested several options that could be considered to address the
implementation of ATC in the United States. The ATCSC discussed the
different proposals and comments made at the meetings of the regional
weights and measures associations on this subject. While it is not the
charge of the ATCSC to endorse or oppose the implementation of ATC at
retail, it is charged with addressing issues associated with the
implementation of ATC to assist NCWM membership in coming to consensus
on the issue. Hence, the ATCSC discussed the various options again and
has decided to recommend a single option to the NCWM's Specifications
and Tolerances Committee and Laws and Regulations Committee for
consideration.

The recommended option is shown below.

**Implementation Option:**

  ------------ ------------------------ --------------- -------------- -------------
  **NTEP       **Status quo; companies  **all new       **Permissive   **effective
  approval**   may purchase dispensers  retail fuel     ATC Use        date;
               with ATC, but use of the dispensers must Phase**        mandatory use
               ATC feature is           be equipped                    of ATC**
               controlled by individual with ATC**                     
               states**                                                

  ------------ ------------------------ --------------- -------------- -------------

**Discussion:** The ATCSC believes that if temperature compensation is
adopted for the retail sales of refined petroleum products, then the
ultimate goal is to have mandatory use of ATC to provide a single method
of sale for these products. The time period before mandatory use of ATC
is a debatable point. The ATCSC suggests that 10 years after the
adoption of an ATC method of sale, using temperature compensation should
be mandatory. During the first 7 years after adoption, the use of ATC is
controlled by the individual states based upon existing state laws and
regulations. A relatively short period of time (2 years) is suggested
during which new dispensers must be equipped with ATC capability before
permissive use of ATC would be permitted. This will allow station owners
to decide, based on their business needs and plans, when to buy
dispensers equipped with ATC and this limits the time period during
which they could not use the feature after being purchased. This
requirement should be placed in NIST Handbook 44 as a nonretroactive
requirement to address this design requirement.

The time period for the permissive use of ATC should be kept reasonably
short to reduce the time during which potential confusion will exist in
the marketplace when both compensated and uncompensated sales may occur.
One year is suggested for the time period for the permissive use of ATC.
The ATCSC discussed whether or not to have different implementation
dates for large and small service stations based upon throughput. The
ATCSC decided to recommend a single implementation date for all service
stations to reduce the time period during which gasoline and diesel fuel
will be sold in compensated and uncompensated volumes. A short time
period must be provided for the permissive use of ATC, since time is
needed to activate the ATC capability in dispensers equipped with ATC
and for service companies and weights and measures officials to test the
accuracy of dispensers equipped with ATC before the mandatory use of ATC
is required.

Under this implementation plan, there will be a 7‑year period of
continued uncertainty regarding the legal method of sale of these
products. Some have argued that the lack of definitive language setting
a method of sale means that any volume unit is acceptable, compensated
or uncompensated. This is based on the principle that laws proscribe
activity. All other activities, not proscribed, are legal. There are
alternative interpretations. Another interpretation may be that the
broad policy change made by the NCWM in 1969 and 1970 in adopting
specific language on ATC use in NIST Handbook 44 was clear and was
directed specifically, and solely, to wholesale sales of petroleum
products and both wholesale and retail sales of LPG products. The ATCSC
believes that inevitably each state will have to resolve this issue,
unless it is resolved for us through federal class action suits
currently pending.

**Alternative Proposal for a Method of Sale for Engine Fuels and
Non-Engine Fuels**

**Source:** The NCWM Automatic Temperature Compensation Steering
Committee (ATCSC).

**[2.31. Engine Fuels and Non-Engine Fuels.]{.underline}**

> **[2.31.1. Definitions.]{.underline}**

2.31.1.1. Engine fuel -- any liquid or gaseous matter used for the
generation of power in an internal combustion engine.

2.31.1.2. Non-engine fuel -- any liquid or gaseous matter used for the
generation of heat, power, or similar uses.

2.31.1.3. Temperature correction. -- the process of correcting volume
measurements at any temperature to an equivalent volume at a reference
temperature.

2.31.1.4. Net volume -- the volume after temperature correction.

2.31.1.5. Gross volume -- a volume measurement that has not been subject
to temperature correction.

> **[2.31.2. Quantity.]{.underline}**

2.31.2.1. Quantity, Wholesale Transactions.

> **[(a) All engine fuels and non-engine fuels shall be sold, offered,
> or exposed for sale to wholesale customers either in terms of liquid
> volume in liters or gallons or barrels, or in terms of liquid volume
> automatically temperature corrected to 60 °F (15.56 °C) in liters or
> gallons or barrels.]{.underline}**
>
> **[(b) Effective January 1, 200X, all engine fuels and non-engine
> fuels shall be sold, offered, or exposed for sale to wholesale
> customers in terms of liquid volume automatically temperature
> corrected to 60 °F (15.56 °C) in liters or gallons or
> barrels.]{.underline}**
>
> **[(c) When engine fuels and non-engine fuels are sold temperature
> corrected to wholesale customers:]{.underline}**
>
> **[(1) Correction shall be made automatically for the fuel temperature
> either based on the fuel standard density and reference tables
> specified in Table 2.31.X. or based on the actual measured density of
> the fuel and using reference tables specified in
> Table 2.31.X.]{.underline}**
>
> **[(2) If using a measured density, the seller shall maintain records
> of the density determination for one year and shall make those records
> available for inspection by a weights and measures official on request
> during normal business hours.]{.underline}**
>
> **[(3) All primary indications of net volume quantities on measuring
> devices and all receipts, invoices, bills of lading, and other
> transfer documents shall clearly and conspicuously identify net volume
> quantities with the unit of measure and the terms "Volume corrected to
> 60 ºF" or "Volume corrected to 15.56 ºC."]{.underline}**
>
> **[(4) Unless otherwise agreed to by both the buyer and seller in
> writing, engine fuels and non-engine fuels sold temperature corrected
> shall be sold in that manner over at least a consecutive 12‑month
> period.]{.underline}**

2.31.2.2. Quantity, Retail Transactions.

> **[(a) Effective January 1, 2XXX, all engine fuels and non-engine
> fuels identified in Table 2.31.X shall be sold, offered, or exposed
> for sale to retail customers either in terms of liquid volume in
> liters or gallons, or in terms of liquid volume automatically
> temperature corrected to 60 °F (15.56 °C) in liters or
> gallons.]{.underline}**
>
> **[(b) Effective January 1, 2XXX, all engine fuels and non-engine
> fuels identified in Table 2.31.X shall be sold, offered, or exposed
> for sale to retail customers in terms of liquid volume automatically
> temperature corrected to 60 °F (15.56 °C) in liters or
> gallons.]{.underline}**
>
> **[(c) When engine fuels and non-engine fuels are sold temperature
> corrected to retail customers:]{.underline}**
>
> **[(1) Correction shall be made automatically for the fuel temperature
> based on the fuel standard density and reference table in
> Table 2.31.X.]{.underline}**
>
> **[(2) All primary indications on measuring devices and all receipts,
> invoices, and other transfer documents shall clearly and conspicuously
> identify net volume quantities with the unit of measure and the terms
> "Volume corrected to 60 ºF" or "Volume corrected to
> 15.56 ºC."]{.underline}**
>
> **[(3) If a fuel is sold temperature corrected from a measuring device
> at a business or fleet location, all sales of the same fuel from that
> business or fleet location shall be sold temperature corrected over at
> least a consecutive 12‑month period.]{.underline}**
>
> **[(4) All unit price advertisements shall be clearly and
> conspicuously marked with the term "ATC."]{.underline}**

  --------------------------- --------------------------- ------------------------------
  **[Table 2.31.X. Reference                              
  Tables and Fuel Densities                               
  for Temperature                                         
  Correction]{.underline}**                               

  **[Fuel]{.underline}**      **[Reference Table for      **[Standard Fuel Density for
                              Wholesale or Retail         Retail Transactions\
                              Temperature                 (optional density for
                              Correction]{.underline}**   wholesale
                                                          transactions)]{.underline}**

  **[Gasoline,                **[API                      **[62 API
  gasoline-oxygenate blends   Table 6b]{.underline}**     (730 kg/m^3^)]{.underline}**
  (3.7 mass % oxygen, max.),                              
  gasoline ethanol blends                                 
  (10 vol. %,                                             
  max.)]{.underline}**                                    

  **[Diesel Fuel (grade 2‑D), **[API                      **[37 API
  biodiesel blends (20 vol. % Table 6b]{.underline}**     (840 kg/m^3^)]{.underline}**
  biodiesel,                                              
  max)]{.underline}**                                     

  **[Other fuels              **[\_]{.underline}**        **[\_]{.underline}**
  TBD]{.underline}**                                      
  --------------------------- --------------------------- ------------------------------

**[(Added 200X)]{.underline}**

**Part II. Permissive Temperature Compensation for Refined Petroleum
Products and Other Fuels**

(The following text describes the original proposal which was returned
to the Committee after it was not adopted at the 2007 NCWM Annual
Meeting)

Sources: The Southern Weights and Measures Association (SWMA), the
Western Weights and Measures Association (WWMA), and the Central Weights
and Measures Association (CWMA).

Note: This or similar proposals, which have been on the Committee's
agenda for several years, were reviewed by each of the regional weights
and measures associations. The review process resulted in the submission
of several different proposals and numerous comments and suggestions for
the Committee to consider. Everyone expressed concern over the scope,
cost, and impact of establishing a method of sale for petroleum products
which required temperature compensation. This subject was widely
discussed by the NCWM at public forums dating back more than 30 years. A
similar proposal was made by NEWMA as recently as 2000, but the
Committee withdrew it in 2001. NEWMA noted at that time that
Pennsylvania, New Hampshire, Maine, and Canada permit
temperature-compensated sales of products like home heating fuel and
retail gasoline. Additional historic and background information is
available in previous editions of the Committee's agenda. For recent
discussions on this subject, see Item 232‑1 in the report of the 91^st^
NCWM An**nual Meeting (2006) on the Internet at http://www.nist.gov/owm.
This information is also available from NIST WMD on a searchable DVD,
NIST Special Publication 979 "Reports of the National Conference on
Weights and Measures 1905 to 2007," (Spring 2008).**

**Recommendation:** At its 2007 Interim Meeting, the Committee received
correspondence from consumer groups and other organizations and heard
testimony from weights and measures officials, the petroleum industry
(including the American Petroleum Institute \[API\]), consumers and
others regarding temperature compensation of refined petroleum products.
The Committee appreciates all of the data, discussion, and especially
the high level of interest. The Committee acknowledges the media
attention this item has drawn, and the members were pleased to learn
that some agricultural commissioners and other policy makers, as well as
some governors and state attorneys general, have expressed interest in
temperature compensation.

Proponents for the item spoke of a need to improve the accuracy of
measurements of petroleum products because of their cost and of the need
to improve accountability, while opponents spoke to the cost of
implementing temperature compensation and the potential for confusion in
the marketplace. The Committee also was made aware of legislation under
consideration in Missouri and Texas that would establish different
definitions for a gallon based on the ambient temperature in varied
areas of the states. The Committee was especially sensitive to concerns
expressed by weights and measures inspectors about the potential cost
and increased inspection time they may expend if temperature
compensation is allowed in all applications, especially at the retail
level.

The Committee duly considered the presentations, discussions, letters,
data, media stories, comments received at public hearings and in
hallways, and the proposed legislation. The NCWM has posted this
information and information on the activities of its ATC Steering
Committee at <http://www.ncwm.net/> on the Internet.

Following is a list of justifications for adopting a standard that will
facilitate the implementation of an orderly yet permissive approach to
allowing broader use of temperature compensation in the marketplace:

-   Cost of fuel has led to increased consumer and business interest in
    better methods of measurement, inventory control, and
    accountability. By now, everyone has realized or should realize that
    ambient temperatures are but one factor which impacts the volume of
    any liquid. Thus, basing a state's temperature-compensation program
    on regional ambient temperatures is not a technically valid approach
    to addressing the issue.

-   The use of dual-wall storage tanks and deliveries of fuel directly
    from refineries result in higher temperature product.

-   Awareness and concerns over the impact of temperature on the cost of
    fuel has come about at the same time advances in technology such as
    electronics and software have made compensation possible in both new
    and existing measuring devices at lower costs.

-   Increased consumer requests that temperature compensation be used,
    especially in high volume deliveries, for improved measurement
    accuracy.

-   The dramatic growth of public interest in recent years is evidenced
    by articles in many newspapers and widely-read magazines such as
    *Scientific America.* This national conversation about energy has
    led to greater consumer awareness, as well as interest on the part
    of political leaders, of energy issues and has contributed to
    creating an opportunity for change.

After a thorough discussion and polling by its chairman, the Committee
was unanimous that it would recommend to the NCWM the adoption of a
method of sale for refined petroleum products and other fuels. This
would allow industry the option of selling these products on the basis
of temperature-compensated sales. While the decision to submit the
permissive temperature-compensated method of sale for NCWM consideration
was unanimous, the representative from the CWMA supported going forward
with the recommendation but did not agree with including retail sales in
the scope of the regulation. The Committee ultimately decided it was in
the best interest of the U.S. commercial measurement system if the NCWM
adopted a standard that would provide guidance to states considering
legislation in this area; thus, supporting the work of the
Specifications and Tolerances Committee, the National Type Evaluation
Program (NTEP), and others to develop technical requirements and test
procedures for both type approval and field testing for devices equipped
with temperature compensation. The Committee believed those efforts were
critical to facilitating the introduction of temperature compensation to
the marketplace, especially in NTEP states as the NCWM learned there
were no retail motor-fuel dispensers available with Certificates of
Conformance that included temperature compensation functions.

The following topics/considerations were addressed by the Committee:

**1. Temperature compensation was already legal for use in trade unless
prohibited by state or local requirements.**

The Committee was aware that temperature compensation was already
required or permitted in a number of states for vehicle-tank meters,
liquefied petroleum gas, and wholesale deliveries to retailers, and that
it had been used in the marketplace in these applications for decades.
At the WWMA Annual Meeting, the State of California reported that for
transactions involving 5000 gal or more, purchasers may request
temperature compensation; Idaho said that for transactions involving
8000 gal or more, the purchaser had an option to buy, on a yearly basis,
temperature-compensated product and that all terminal transactions were
temperature compensated; Arizona responded that any transactions
involving more than 5000 gal must be compensated for temperature; and
currently the State of Hawaii was the only jurisdiction that has taken
some action to account for temperature variations in retail sales. The
Committee heard enough supportive comments from a broad base of weights
and measures directors, inspectors, and metrologists to recognize that
temperature compensation may find broad acceptance in the marketplace,
especially once the potential benefits it offers were realized and
implementation costs fall.

The Committee also believed that unless prohibited by state law,
temperature compensation at retail dispensers was already legal in most
states. Additionally, the Committee believed it would be difficult to
argue against a measurement practice that could only improve the
accuracy and reproducibility of a volumetric measurement. The Committee
position was that legal metrology must not stand in the way of the
marketplace striving to change the way fuels and other products are
marketed and sold.

**2. Under a permissive approach consumers and businesses will decide
where and when to implement temperature compensation.**

The Committee was convinced the marketplace will best determine where
and when the benefits from temperature compensation should be
implemented to improve accuracy. The Committee recommended the adoption
of a method of sale that would allow temperature compensation to be used
in sales of petroleum products on a [permissive]{.underline} (voluntary)
basis, allowing the marketplace (e.g., industry, consumers and other
government agencies) to decide if and when it was appropriate to use
temperature compensation in specific commercial applications (e.g.,
sales at truck stops). This recommendation was proposed solely for the
purpose of ensuring the delivery of an accurate volume of petroleum at a
specific reference temperature. It was not the intent of the Committee
to attempt to define a standard energy content of a liter or gallon of
gasoline or other engine fuel with this recommendation.

**3. Temperature compensation would be permissive, but controlled.**

Although the Committee's recommendation allowed for permissive use of
temperature compensation, it included mandatory provisions requiring
compensation be made by automatic means to ensure the measured quantity
was accurately determined. It also defined a temperature-compensated
volume for both liters and gallons, requiring the posting of information
on dispensers, street signs, and on documents to ensure full disclosure
and fair competition. Additionally, it required a business location to
have all of the devices operating on temperature compensation on a
year‑round basis unless a written waiver was granted by the Director.

**4. The basis of the Committee's recommendation was the proposal from
the WWMA.**

The Committee's recommendation was based on the proposal submitted by
the WWMA, which was developed at its 2006 Annual Meeting in
Salt Lake City, Utah. The Committee made several amendments to the
proposal, but found it represented a well-reasoned foundation for the
recommendation presented below. The CWMA L&R Committee supported the
WWMA\'s proposal and supported submitting it to the NCWM for a vote. The
CWMA agreed with the WWMA that temperature compensation is the most
equitable method of sale, which is currently utilized at every step of
distribution except for retail sales. Additionally, the CWMA believed
the proposal should not be restricted only to petroleum products, but
should also include alternative fuels such as E85, biodiesel and
biodiesel blends. The Committee's recommendation incorporated some of
the CWMA's suggestions and included additional requirements to address
many of the concerns raised at the 2007 NCWM Interim Meeting open
hearings and discussions. For the purpose of this recommendation, the
Committee used the definition for "refined petroleum products" as
presented in Handbook 130 Uniform Engine Fuels, Petroleum Products, and
Automotive Lubricants Inspection Law which reads, "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," with the understanding that
its intent was that the requirements would apply when petroleum was
blended with other products such as ethanol.

**5. Full disclosure will allow informed consumers to make value
comparisons.**

The Committee believes that consumers, when educated through marketing
and outreach efforts, will accept new technology and measurement
practices. When provided with sound information, consumers will gain
confidence that government oversight will prevent deceptive practices.
The Committee believes that full disclosure provisions of the method of
sale will reduce both unfair competition and consumer confusion. If, for
example, a truck stop offers temperature-compensated sales of diesel
fuel through high-speed dispensers for truckers, the road signs with
price per unit of volume (e.g., gallon or liter) and dispensers must
include a declaration that the volume is sold on the basis of
temperature compensation. If the price per gallon is higher or lower
than the usual price per gallon, consumers will be informed that the
volume was compensated to a reference temperature. Several people
expressed concern over marketplace confusion if diesel fuel is sold on
the basis of both compensated and uncompensated volume. It is incorrect
to say that there would be two methods of sale for the same product
under this recommendation just as it is inaccurate to say that some
consumers will not receive a "full" gallon if temperature compensation
is used as some opponents to this method of sale have claimed. The
reality is that consumers will be able to compare price per gallon
between stations and they will receive a "full" gallon as defined under
the Method of Sale of Commodities Regulation. While confusion is
possible with any method of sale, the Committee was not deterred by that
possibility. If confusion occurs, the proper response is to educate
consumers and address any changes identified from the confusion through
further refinement of the method of sale. In this application, full
disclosure will inform consumers that one product is sold on the basis
of temperature compensation and one is not. When consumers are educated,
they can make sound value comparisons between these choices just as they
already make decisions when choosing between different brand name
products, octane ratings, additive offerings, and types of fuels.
Business and industry is also well equipped and very experienced in
educating its customers whenever it chooses to introduce new products or
services; so should they decide to use the method of sale, they are sure
to introduce it using an informative marketing effort.

The Committee was urged to clarify that there may be situations in which
there is a valid contract where the price is based on the fuel being
sold on the basis of uncompensated measurement. The Committee agreed
with the comment that if a purchaser operating under such a contract
fills up at a location where the dispensers are temperature compensated,
the contract should prevail in those transactions. Similarly, the
Committee heard from the American Petroleum Institute (API) that it
should permit either uncompensated or compensated methods of sale at
loading-rack meters when such sales are under contract. The Committee
believes its proposal will not interfere with the contracts or
understandings that API described.

**6. Costs**

The Committee heard from some users that the lack of temperature
compensation was costing them great sums of money while industry
representatives said the cost of equipment and installation will cost
industry and, ultimately, consumers even larger amounts of money. The
cost of any NCWM action is a concern to the Committee, which must defend
its actions on both sides of any issue. However, it is very difficult to
give each side everything it wants in any recommendation. While the
Committee was concerned about cost, it was skeptical of the economic
claims from both sides in this debate. For example, at the 2007 Interim
Meeting one estimate of the cost of implementing temperature
compensation dropped nearly \$2 billion dollars once industry learned
that an alternative technology was available in the marketplace.

That is but one illustration of the weaknesses the Committee saw in cost
or damage claims over the years. It dates back to its work in the 1990s
on the price verification procedures where some groups claimed that
supermarkets were overcharging consumers billions of dollars a year. The
Committee never saw data that supported such claims; yet the damage
values received wide notice in the media. Some members of the NCWM may
remember the claims made during Congressional consideration of the
Metric Conversion Act of 1975 that changing to the metric system would
cost billions of dollars. In reality those high costs never
materialized, which was confirmed through several reliable studies. One
reason Congress made conversion to the metric system voluntary was to
allow industry to make changes as part of their normal equipment
replacement cycle. The automotive industry, for instance, found it cost
effective to make the change to metric units when purchasing replacement
equipment. Advancements in technology also made conversions easier or
allowed dual-unit displays on equipment as standard features. These
factors were key contributors in reducing costs.

Each State Director in the NCWM determines whether or not to incorporate
what is adopted by the NCWM into his state law or regulations, not the
Committee. Even states that adopt the Method of Sale of Commodities
Regulation by reference or citation can take action to exclude a
specific section of a uniform regulation that conflicts with other
requirements or policies. As for taking time for additional study, the
NCWM record on consideration of the issue of temperature compensation
dates back to the mid‑1970s and has arisen for consideration every few
years since then. The Committee was aware of the history, the issues,
the various points of view, and the potential costs of temperature
compensation, and believed it was time for the NCWM to move forward on
temperature compensation by establishing standards by which this method
of sale can be brought into the marketplace on a voluntary, yet
controlled, basis. The Committee also heard that no action should be
taken pending further studies. The Committee was wary of calls for no
action pending another study or action by Congress.

As one speaker alluded to in his presentation, the marketplace is to
some degree "intelligent" in that it helps address many factors through
its price-setting function and can generally be trusted to balance costs
and prices as well as justify investment in new technology and marketing
practices if there is a need, demand, or opportunity. A voluntary
approach will allow early adopters to develop experience and pull
advances in technology into the equipment market while competition and
other factors will reduce costs even further if the method of sale is
broadly adopted. The Committee believed a permissive approach to
temperature compensation turned the choice over to the marketplace
where, if consumer demand was sufficient, sellers would make a business
decision to invest in the technology and marketing according to the new
method of sale when the benefits offset costs.

**7. Limiting the option of temperature compensation to specific
applications**

The Committee received suggestions that temperature compensation be
limited to certain applications or not allowed in retail sales, but it
did not hear sufficient justification for taking such positions.
Temperature compensation is not new to the commercial measurement
system. It is widely used in wholesale transactions in many
jurisdictions, and consumers in many states have purchased LPG and oil
for heating and other uses for decades on the basis of
temperature-compensated sales. No information was presented to the
Committee that its use in those applications has been anything but
successful. The Committee recognizes that verifying devices with
temperature compensation may require additional inspection time and
require weights and measures officials to purchase thermometers or other
equipment for testing. However, those factors are not sufficient
justification to prohibit the marketplace from implementing this method
of sale. If a jurisdiction adopts this method of sale and a business
decides to use temperature compensation, the weights and measures agency
would need to obtain funding to implement appropriate testing procedures
to verify devices. However, the Committee would expect that innovation,
risk-based testing, and random sampling techniques, as well as
technology, would lessen the time required to conduct additional tests
just as those factors have reduced the burden of testing many weighing
and measuring instruments in the past.

**8. Permissive vs. Mandatory Implementation**

The Committee heard from the regional associations and others that
temperature-compensated sales should be implemented on a permissive
basis. The Committee opposed the inclusion of a future mandatory date at
this time. The Committee believed temperature-compensated sales should
be market driven and that suppliers will conduct sales on a compensated
basis when consumers demand it and should not be required to do so
before then. The Committee, based on the comments of many jurisdictions,
believed the imposition of a mandatory requirement was too burdensome on
the industry, requiring upgrades and possibly the replacement of many
meters without adequate justification.

The Committee agreed that a mandatory requirement would not be justified
at this point in time. The Committee felt it was important to get some
form of regulation regarding temperature-compensated sales of petroleum
into Handbook 130 and thought as many barriers as possible should be
removed in order to achieve that goal. Although the Committee's
recommendation is a permissive requirement for temperature-compensated
sales, the Committee was willing to consider establishing future
mandatory dates if a justified need was demonstrated after this
permissive regulation was implemented and used for a period of time.

**9. Comments Reviewed by the Committee at the 2007 Annual Meeting**

> a\. The Committee noted if the temperature compensation proposal was
> adopted at the 2007 Annual Meeting, it would go into effect
> January 1, 2008, in the eighteen jurisdictions that indicated they
> automatically adopt that regulation by reference or citation (see 2008
> edition of NIST Handbook 130, "II Uniformity of Laws and Regulations"
> (page 9) for a list of those states). The Committee recognized that if
> the recommendation was adopted in July 2007, some jurisdictions might
> want to delay its implementation or exempt that particular section
> from being automatically adopted. Since typically, rulemaking takes
> longer than six months to complete, the Committee debated whether or
> not it should include a delayed effective date of July 1, 2009, for
> this regulation but took no action on this issue.
>
> b\. The Committee discussed the subject of unscrupulous retailers
> artificially heating fuels and that this deceptive practice has
> occurred from time to time. The State of Arizona actually forbids the
> practice; however, the Committee did not address that issue in the
> following recommendation. The Committee considered if a prohibition on
> the artificial heating of fuels for the purpose of increasing volume
> at the time of sale should be added to the recommendation but no
> action was taken on this issue.

c.  The Committee asked to receive comments on whether or not the
    recommendation should allow the state director to grant (and, when
    justified, revoke) written waivers to some provisions if sufficient
    justification was provided by the business owner. The Committee
    discussed whether or not the requirement that all devices that
    dispense product at a single location might result in a hardship for
    some retailers or difficulties in implementing the new method of
    sale for specific customers (e.g., over-the-road truckers). For
    example, if a station decided to sell gasoline and diesel fuel on a
    temperature-compensated basis but also had a dispenser for
    K‑1 Kerosene, from which limited sales were made, a waiver from the
    temperature-compensation requirement on all dispensers could be
    justified. Likewise, if a chain of truck stops decided to sell
    diesel fuel on a temperature-compensated basis through its
    high-output dispensers to truckers (e.g., its prime customers), but
    did not want to implement temperature-compensated sales through its
    gasoline dispensers, a waiver could also be justified. The purpose
    of the requirement that all devices at a single location be
    temperature compensated or not was to prevent a retailer from
    selling through the compensated or uncompensated dispensers when it
    benefited the seller. The Committee agreed flexibility was warranted
    and could make acceptance of the method of sale easier to implement
    but took no action on this issue.

**Committee Recommendation:** Amend the Method of Sale of Commodities
Regulation in Handbook 130 by adding a new Section 2.30. Refined
Petroleum Products:

**[2.30. Refined Petroleum Products -- Permissive Temperature
Compensation]{.underline}**

> **[2.30.1. Where not in conflict with other statutes or regulations,
> these products may be sold on the basis of temperature-compensated
> volume.]{.underline}**
>
> **[2.30.2. When products are sold on the basis of temperature
> compensated volume:]{.underline}**
>
> **[(a) All sales shall be in terms of liters or gallons with the
> delivered volume adjusted to 15 °C or gallons with the delivered
> volume adjusted to 60 °F;]{.underline}**
>
> **[(b) Temperature compensation must be accomplished through automatic
> means.]{.underline}**
>
> **[2.30.3. Full Disclosure Requirements]{.underline}**

2.30.3.1. The primary indicating elements of measuring devices,
recording elements, and all recorded or display representations (e.g.,
receipts, invoices, bills of lading, etc.) shall be clearly and
conspicuously marked to show that the product was delivered on the basis
of temperature compensated volume;

2.30.3.2. When a product is offered for sale on the basis of temperature
compensated volume, street signs or other advertisements of its unit
price must clearly and conspicuously indicate that the volume is
temperature compensated.

> **[2.30.4. Other Provisions]{.underline}**

2.30.4.1. At a business location all sales on a temperature-compensated
basis shall be made continuously and for a period of not less than
12 months (e.g., a person may not engage the automatic temperature
compensator on a device only during certain times of the year to prevent
the person from taking advantage of temperature compensation).

2.30.4.2. At a business location which offers products for sale on the
basis of a temperature compensated volume, all measuring devices shall
dispense on the basis of temperature compensated volume (e.g., a person
must not operate some devices at a location with automatic temperature
compensators and others without compensators to prevent them from taking
advantage of temperature variations).

Annotations:

1.  [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 as well
    as biofuels such as E85 and biodiesel at various
    blends.]{.underline}

2.  [A temperature compensated liter is defined as having a reference
    temperature of 15 °C and a temperature compensated gallon is defined
    as 231 in^3^ at a reference temperature of 60 °F;]{.underline}

3.  [When a product is sold on the basis of a temperature-compensated
    volume, it is typically called "net" or "net volume," whereas the
    volume before compensation is called the "gross" or "gross
    volume."]{.underline}

4.  [The metric units are shown solely for the purpose of showing metric
    equivalents in this uniform regulation in this NIST handbook. There
    is no requirement that dual units be shown in any full disclosure
    information required under this section.]{.underline}

5.  [Temperature Compensation may be abbreviated (e.g., "Temp Comp," or
    "Compensated to 60 °F") in the interest of space as long as its
    meaning is clear.]{.underline}

6.  [The seller is not prohibited from providing both gross and net
    gallons on receipts, invoices, bills of lading or other
    documentation as long as it is not misleading or
    deceptive.]{.underline}

7.  [A "business location" means a single outlet and should not be
    interpreted to mean all of the outlets or locations that a business
    or company operates in a jurisdiction.]{.underline}

**Action at 2007 Annual Meeting:** The Committee received eighteen
comments requesting this item be made Informational to allow the
Committee time for additional study and deliberation. The Committee
believed the concerns of the commentators were valid but were issues to
be addressed by the S&T and NTEP Committees. Additional studies of the
method of sale proposal would bring nothing new to the current
recommendation that could not be addressed through further revisions
next year if needed. The Committee believed adopting this proposal would
provide guidance to policy makers and others currently considering
action on temperature compensation at the national, state, or local
level. Jurisdictions opposing the proposal because their state laws or
their policies were against it would not be affected by the adoption of
this method of sale because their laws simply prohibited its
implementation. The implementation of temperature compensation will be
slow primarily because there is no existing nationally approved
temperature-compensation device, and NIST Handbook 44 must be revised to
set forth the specifications, tolerances and other technical
requirements for this technology. NTEP will then need to undertake its
work where needed. However, the Committee acknowledged that some states
may move ahead with their own type approvals to allow temperature
compensation. The majority of the Committee believed the proposed method
of sale was ready for NCWM adoption as there was not a reasonable
justification for delaying the adoption of the proposal as presented.
Therefore, the Committee recommended adoption of this item. This item
was subjected to a lengthy discussion at the general voting session and
several issues were raised along with calls for further study. The vote
in the House of Representatives was 23 yeas and 16 nays while the vote
in the House of Delegates was 24 yeas and 16 nays; therefore, the item
did not garner enough support to pass. When an item does not clearly
pass or fail under NCWM procedures, it is carried forward for
reconsideration by the appropriate committee.

> **Information on the consideration of this item by the regional
> weights and measures associations following the NCWM Annual Meeting in
> July 2007 is presented below.**

**Central Weights and Measures Association (CWMA):** This is an excerpt
from the report of the CWMA's Laws and Regulations Committee, which
considered this item at its 2007 Interim Meeting in Bettendorf, Iowa, on
September 16 ‑ 19, 2007. (The full report is available at
<http://www.ncwm.net/central//lr/lr_2007_interim.doc> on the Internet.)

The CWMA L&R Committee reported:

> "...heard considerable testimony both in support and opposition of the
> Temperature Compensation proposal during the open hearings. Many
> industry representatives opposed the item due to the anticipated cost
> of equipment and the lack of data that supports whether a better
> system of measurement is worth the cost. The CWMA L&R Committee cannot
> support the item as proposed due to the considerable opposition to the
> permissive language. Several state regulators feel that if permissive
> is adopted, it will be implemented in the northern states, not in the
> southern states where there appears to be more pressure to implement
> temperature compensation. A good example of this was given that in
> Canada where temperature compensation is allowed, it is not widely
> used in areas west of the Rockies where the climate is more temperate.
> The Committee further feels that making the item "informational" will
> not resolve the issue. The most requested information of a
> cost-benefit analysis is not currently being conducted by any
> organization. Although several statements were made that temperature
> compensation may be a more equitable method of sale, many stated that
> it is not "perfect" nor will it resolve current issues of fraud such
> as artificial heating of fuel. To address the concern of "hot spots",
> the Committee discussed the option of amending the proposal to exclude
> sales at retail based upon the flow rate of dispensers as previously
> proposed. The Committee feels that another potential solution for a
> more equitable method of sale is to formulate an alternate proposal to
> change the method of sale to mass. Technology exists to sell motor
> fuel through mass flow meters. This method of sale would be more
> equitable for all types of fuel including alternative fuels which
> would allow consumers to make value comparisons. The Committee expects
> that the ATC Steering Committee will provide more information which
> will provide direction to the conference on this issue. We look
> forward to their information which will provide answers to many
> questions. Based upon the testimony heard, the Committee recommends
> that the item be withdrawn. Note: In response to the ATC Steering
> Committee request, the CWMA L&R Committee suggests that if this
> proposal goes forward as a voting item, that there be a mandatory
> implementation date with little to no permissive period as a
> transition."

**Northeastern Weights and Measures Association (NEWMA):** This is an
excerpt from the report of the Laws and Regulations Committee meeting
held at that association's 2007 Interim Meeting in Springfield,
Massachusetts, on October 9 ‑ 10, 2007. (The full report is available at
[http://www.ncwm.net](http://www.ncwm.net/) on the Internet.)

> "It is clear from the majority of comments received (both in written
> and oral form) that strong opposition exists to the item as proposed,
> especially the inclusion of permissive ATC sales. NEWMA could not
> support an item which allowed for two methods of sale. Confusion would
> be widespread. Additionally, the item raises far too many questions
> and uncertainties that to date have not been answered. Further
> research must be conducted to answer those questions. The National
> Conference on Weights and Measures is an organization made up of
> weights and measures officials and industry representatives that
> consistently over the years has worked as a consensus organization. A
> consensus on this item does not exist and the item should be
> withdrawn. Making the item "informational" would not bring us to the
> needed consensus."

**Western Weights and Measures Association (WWMA):** The WWMA held its
Annual Meeting September 9 ‑ 13, 2007, in Lake Tahoe, Nevada, during
which it voted to recommend that the Committee move a modified version
of the original proposal forward as a voting item at the 2008 NCWM
Annual Meeting. The WWMA recommended removal of the term "Permissive"
from the title in Section 2.30. ***Refined Petroleum Products --
~~Permissive~~ Temperature Compensation***. This change will not alter
the intent of the original proposal which is to allow petroleum sellers
to determine if and when they offer their products for sale on the basis
of temperature corrected volume. The full report is available from NIST
WMD.

**Southern Weights and Measures Association (SWMA):** The SWMA held its
Annual Meeting October 21 ~‑~ 24, 2007, in Little Rock, Arkansas, during
which it voted to recommend that the Committee move a modified version
of the original proposal forward as a voting item at the 2008 NCWM
Annual Meeting. The amendments and other changes proposed by the SWMA
are presented below. (The full report is available from NIST WMD.)

> "The SWMA L&R Committee heard opposition to permissive temperature
> compensation for retail and other meters during the open hearing
> primarily from industry representatives many of whom suggested that
> further study was needed to determine if the cost versus benefit
> justified adoption of the original proposal. The Committee agrees that
> more information would be helpful in determining the value of using
> ATC on retail motor fuel dispensers that are marked to deliver less
> than 30 gallons per minute. Several comments called for the withdrawal
> of the item but the Committee recognized that the item will be on the
> NCWM L&R Interim Agenda in 2008 because it was carried over from the
> 2007 Annual Meeting and because the Western Weights and Measures
> Association supported adoption of the original item at its recent
> meeting. The Committee also believes that withdrawing this item as
> some regions have suggested would only delay consideration of this
> issue, which has been on the NCWM agenda in one form or another for
> almost a decade, because the item would likely be resubmitted by a
> regional association. There were other comments recommending that no
> further action be taken on this item or that it be tabled. One comment
> suggested that the original proposal be amended to limit the method of
> sale to Loading Rack Meters, Vehicle Tank Meters and Retail Dispensers
> which are marked to deliver 30 gallons per minute or more (which are
> typically used in making larger quantity deliveries at truck stops).
> The Committee believes that separating large flow meters (some of
> which are already equipped with ATC) from the proposal may reduce the
> opposition to the proposed method of sale for ATC. A majority of the
> Committee recommends the following to the SWMA for adoption"

SWMA recommendation to the NCWM L&R Committee:

1.  Remove the word "Permissive" from the title of the proposed method
    of sale for ATC.

2.  Divide the item into two separate proposals.

    a.  For retail motor fuel dispensers marked to deliver less than
        30 gal/min, make it Developmental and recommend that the NCWM
        ATC Steering Committee lead or coordinate a study to determine
        if the cost/benefit justifies the implementation of ATC.

    b.  For retail motor fuel dispensers marked to deliver 30 gal/min or
        more, amend the method of sale proposal and establish a
        mandatory implementation date. The SWMA recommends that the NCWM
        L&R Committee move this item for adoption at the 2008 Annual
        Meeting with the following amendments:

        i.  Amend Section 2.30.2. to read: When products are sold on the
            basis of temperature compensated volume through Loading Rack
            Meters, Vehicle Tank Meters and Retail Motor Fuel Dispensers
            marked to deliver 30 gal/min or more.

        ii. Add an implementation date of 10 years from date of
            adoption.

####### 232-2 V Biodiesel Labeling

**Source:** Central Weights and Measures Association (CWMA) (See
Item 232.3 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

###### 

**Action at 2008 Interim Meeting:** At the Interim Meeting, the
Committee learned that the Federal Trade Commission would publish a
similar biodiesel labeling regulation later this summer. The Committee
will work with the Fuels and Lubricants Subcommittee to ensure that this
item is revised and consistent with the FTC requirements.

**Committee Recommendation:** Add Section 3.15 "Biodiesel Labeling,"
which is presented in the proposed revision to the Engine Fuels and
Automotive Lubricants Regulation in Item 237-1, to the Method of Sale of
Commodities Regulation.

[2.31. Biodiesel.]{.underline}

> **[2.31.1. Identification of Product. -- Biodiesel shall be identified
> by the term "Biodiesel" followed with the designation "B100."
> Biodiesel blends shall be identified by the term "Biodiesel
> Blend."]{.underline}**
>
> **[2.31.2. Labeling of Retail Dispensers Containing Between More Than
> 5 % and Up To and Including 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}**
>
> **[2.31.2.1. The capital letter "B" followed by the numerical value
> representing the volume percentage of biodiesel fuel and ending with
> "biodiesel blend." (e.g., B10 biodiesel blend; B20 biodiesel blend),
> or;]{.underline}**
>
> **[2.31.2.2. The phrase "biodiesel blend between 5 % and 20 %" or
> similar words.]{.underline}**
>
> **[2.31.3. Labeling of Retail Dispensers Containing Biodiesel Blend
> More Than 20 % Biodiesel. -- Each retail dispenser of 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 "biodiesel blend." (e.g.,
> B60 biodiesel blend).]{.underline}**
>
> **[2.31.4. Additional Labeling Requirements. -- The dispenser shall be
> labeled with "Consult Manufacturer fuel
> recommendations."]{.underline}**
>
> **[2.31.5. 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}**
>
> **[2.31.6. Exemption. -- Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from the requirements of
> Sections 2.31.1. through 2.31.5.]{.underline}**

**[(Added 200X)]{.underline}**

**Discussion:** It is the Committee's view that this proposal will not
impose any new requirements. However, by including these requirements in
the Method of Sale of Commodities Regulation, the Committee is obligated
to give notice that the requirements will become effective on January 1
of the year following adoption in the eighteen jurisdictions which
indicate they automatically adopt that regulation by reference or
citation (see the 2008 Edition of NIST Handbook 130, "II Uniformity of
Laws and Regulations" \[page 9\] for a list of those states). These
requirements have already been adopted and are published in the Engine
Fuels, Petroleum Products, and Automotive Lubricants Regulation in
Handbook 130.

Under Section 2.20 within the Method of Sale of Commodities Regulation
in Handbook 130, there currently contains requirements for the
disclosure of oxygenates in gasoline blends. Included are requirements
for the disclosure of biodiesel and biodiesel blends and consistent
practices that should be required to ensure consumers are fully informed
when making purchasing decisions.

The Committee received numerous comments in support of this item and
heard from the National Biodiesel Board (NBB) that, in general,
supported this item. However, the National Biodiesel Board (NBB)
requested the Committee keep this item on its agenda as an Information
item until ASTM finalizes its biodiesel specifications. Waiting for the
ASTM biodiesel standard, before moving this item forward for a vote,
will ensure there is no conflict with those specifications.

At its 2006 Annual Meeting, the WWMA L&R Committee received no comments
regarding this item. The WWMA supported the NBB request to keep this
item as Informational pending ASTM action. The WWMA concurred that
waiting for adoption of the ASTM specifications will prevent conflicts
in the final labeling requirement for biodiesel. At a recent CWMA
meeting, 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 B100 was provided.
After negative votes were addressed, ballots were circulated to add a B5
limit to the D975 diesel specification and to establish a B20
specification.

**Committee Action at the 2007 Interim and Annual Meetings:** At the
2007 Interim Meeting, the CWMA and others recommended the Committee keep
this proposal on hold until ASTM finalized its work on the biodiesel
blend specifications. In response to those suggestions, the Committee
agreed to separate this item from the Fuel Ethanol requirements and
carried this item forward as an information item. At the Annual Meeting,
several people called for this item to be presented for a vote at the
2008 Annual Meeting and encouraged the Petroleum Subcommittee to
encourage all stakeholders to move quickly to resolve their concerns so
this important consumer protection requirement can be adopted by the
NCWM.

**Information on the consideration of this item by the regional weights
and measures association following the NCWM Annual Meeting in July 2007
is presented below.**

At the fall 2007 meetings of the CWMA and NEWMA and the WWMA meeting, a
representative from the National Biodiesel Board expressed support for
the item as presented. The CWMA and SWMA recommended that additional
labeling be required for fuels containing more than 5 % biodiesel and
the dispenser be labeled with "Consult manufacturer fuel
recommendations."

The CWMA also recommended the following wording:

> **[2.XX.2. Labeling of Retail Dispensers Containing More Than 5 % and
> Up To and Including 20 % 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}**

The SWMA recommends that the proposal be amended based on discussions
with the Fuel and Lubricants Subcommittee at the NCWM Annual Meeting.
The Subcommittee is working on further revisions to this section and
recommendations. The following language is being considered to require
additional labeling for fuels containing more than 5 % biodiesel: The
dispenser shall be labeled with "Consult manufacturer fuel
recommendations".

**[2.XX. Biodiesel]{.underline}.**

> **[2.XX.1. Identification of Product. -- Biodiesel shall be identified
> by the term "Biodiesel" followed with the designation "B100."
> Biodiesel blends shall be identified by the term "Biodiesel
> Blend."]{.underline}**

###### 237 ENGINE FUELS, pETROLEUM pRODUCTS AND AUTOMOTIVE LUBRICANTS INSPECTION Regulation

####### 237-1 V Revision of the Engine Fuels, Petroleum Products and Automotive Lubricants Inspection Regulation

**Source:** Fuels and Lubricants Subcommittee (FALS) (formerly the
Petroleum Subcommittee)

**Committee Action at the 2008 Interim Meeting:** At the Interim
Meeting, the Fuels and Lubricants Subcommittee presented their final
update of the Engine Fuels, Petroleum Products and Automotive Inspection
Regulation. The Subcommittee had met various times throughout the year
either in person or by teleconference. In advance of the Interim
Meeting, they distributed their report to the Committee, State Weights
and Measures Directors, and other stakeholders for review and comment.
Some comments were received during the public hearing and in writing
(see Appendix B).

The Subcommittee met on January 24, 2007, at the Interim Meeting in
Jacksonville, Florida, to undertake a review of a number of significant
issues related to fuel standards. One of their first projects was a
review of the Uniform Engine Fuels, Petroleum Products, and Automotive
Lubricants Regulation in NIST Handbook 130. The goal of the Subcommittee
was to prepare a draft revision of this regulation for consideration by
the Committee at the 2008 Interim Meeting. The Subcommittee also
reviewed the Engine Fuels, Petroleum Products, and Automotive Lubricants
Law and a draft revision of the law is presented in Item 223‑1 above.
The Subcommittee met at the 2007 Annual Meeting and continued its work
on a number of items including a substantive revision of the fuel
ethanol-labeling requirement that the NCWM adopted at that meeting. The
Subcommittee met again on December 5, 2007, at the ASTM International
Meeting in Phoenix, Arizona, and held a conference call on
January 15, 2008, in order to complete its work on the draft revisions
of the law and regulation that it presented to the L&R Committee at the
NCWM 2008 Interim Meeting.

**Discussion:** The Subcommittee recommends the title of the uniform
regulation be amended by deleting reference to petroleum products (and
the related definition) to recognize the use of alternative and
renewable fuels in the marketplace. Editorial revisions were also made
to reflect the name change of the Society of Automotive Engineers to SAE
International. The ASTM International standard identification was also
changed to be consistent with that now used by ASTM by deleting the
space between the letter and number of a standard throughout the
regulation (e.g., D 4814 is shown as D4814). Among the other proposed
changes is a revised definition for Reformulated Fuels and new
definitions for "Lubricant" and "MTBE." The addition of a second ASTM
International standard for Aviation Gasoline is also proposed. A change
in Section 3.3. "Diesel Fuel" is recommended so that the regulation
acknowledges EPA dispenser labeling requirements. Additional information
is proposed for other sections to either clarify or correct references
to other standards. The Subcommittee is recommending that E85 dispensers
bear a label to encourage consumers to consult their engine
manufacturer's recommendations on the appropriate fuel to use in their
vehicle and amendments to the M85 labeling requirements are also
suggested. There is a new subsection proposed for Section 4. to provide
requirements for Dispenser Filters. The Subcommittee could not agree on
a variety of proposed revisions to Section 2.1. so those proposed
changes have been submitted for the Committee to consider as a separate
item and are presented in Item 237‑2 in this agenda.

The Chairman of the Fuels and Lubricants Subcommittee is Ron Hayes,
Missouri, who can be contacted at (573) 751‑2922 or at
ron.hayes@mda.mo.gov.

Committee Recommendation: Adopt the revised Uniform Fuels and Automotive
Lubricants Law as presented in the following text:

**Uniform Engine Fuels ~~Petroleum Products~~ and Automotive Lubricants
Regulation**

as adopted by

The National Conference on Weights and Measures[^2]

**1. Background**

In 1984, the National Conference on Weights and Measures (NCWM)[^3]
adopted a Section 2.20. in the Uniform Regulation for the Method of Sale
of Commodities requiring that motor fuels containing alcohol be labeled
to disclose to the retail purchaser that the fuel contains alcohol. The
delegates deemed this action necessary since motor vehicle manufacturers
were qualifying their warranties with respect to some gasoline-alcohol
blends, motor fuel users were complaining to weights and measures
officials about fuel quality and vehicle performance, and ASTM
International (ASTM) had not yet finalized quality standards for
oxygenated (which includes alcohol-containing) fuels. While a few
officials argued weights and measures officials should not cross the
line from quantity assurance programs to programs regulating quality,
the delegates were persuaded that the issue needed immediate attention.

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for
achieving uniformity in the evaluation and regulation of motor fuels.
The Task Force developed the Uniform Motor Fuel Inspection Law (See the
~~Uniform Motor~~ **[Uniform Engine Fuels and Automotive Lubricants
Inspection Law]{.underline}** section of this handbook) and the Uniform
~~Motor Fuel~~ **[Engine Fuel and Automotive Lubricants]{.underline}**
Regulation to accompany the law. The Uniform Law required registration
and certification of motor fuel as meeting ASTM standards. The
regulation defined the ASTM standards to be applied to motor fuel.

In 1992 the NCWM established the Petroleum Subcommittee under the Laws
and Regulations Committee. The subcommittee recommended major revisions
to the Regulation that was adopted at the 80^th^ NCWM in 1995. The scope
of the regulation was expanded to include all engine fuels, petroleum
products, and automotive lubricants; its title was changed accordingly;
and the fuel specifications and method of sale sections were revised to
address the additional products. Other changes included expansion of the
definitions section and addition of sections on retail storage tanks,
condemned product, registration of engine fuels designed for special
use, and test methods and reproducibility limits.

**[At the 2008 NCWM Interim Meeting the Laws and Regulations Committee
changed the Petroleum Subcommittee's name to the Fuels and Lubricants
Subcommittee (FALS) in recognition of its work with a wide variety of
fuels including petroleum and biofuels.]{.underline}**

**[In 2007 the Fuels and Lubricants Subcommittee undertook a review of
this regulation to update it by eliminating reference to "petroleum
products" and to reflect the addition of new engine fuels to the
marketplace.]{.underline}**

**2. Status of Promulgation**

The Uniform Regulation for Engine Fuels~~, Petroleum Products,~~ and
Automotive Lubricants was adopted by the NCWM in 1995 **[and the latest
amendments were proposed in 2008.]{.underline}** The status of state
actions with respect to this regulation is shown in the table beginning
on page 10.

**Uniform Engine Fuels~~, Petroleum Products,~~ and Automotive
Lubricants Regulation**

**Section 1.  Definitions.**

**1.1.  ASTM International (ASTM).** -- **[the]{.underline}**
international voluntary consensus standards organization formed for the
development of standards on characteristics and performance of
materials, products, systems, and services, and the promotion of related
knowledge.

**1.2.  Antiknock Index (AKI).** -- the arithmetic average of the
Research Octane Number (RON) and Motor Octane Number (MON): AKI =
(RON+MON)/2. This value is called by a variety of names, in addition to
antiknock index, including: octane rating, posted octane, (R+M)/2
octane.

**1.3.  Automatic Transmission Fluid.** -- a product intended for use in
a passenger vehicle, other than a bus, as either a lubricant, coolant,
or liquid medium in any type of fluid automatic transmission that
contains a torque converter. For the purposes of this regulation, fluids
intended for use in continuously variable transmissions are not
considered "Automatic Transmission Fluid."

(Added 2004)

**1.4.  Automotive Fuel Rating.** -- the automotive fuel rating required
under the amended Octane Certification and Posting Rule (or as amended,
the Fuel Rating Rule), 16 CFR Part 306. Under this Rule, sellers of
liquid automotive fuels, including alternative fuels, must determine,
certify, and post an appropriate automotive fuel rating. The automotive
fuel rating for gasoline is the antiknock index (octane rating). The
automotive fuel rating for alternative liquid fuels consists of the
common name of the fuel, along with a disclosure of the amount,
expressed as a minimum **~~percentage by~~** volume
**[percent]{.underline}** of the principal component of the fuel. For
alternative liquid automotive fuels, a disclosure of other components,
expressed as a minimum ~~**percentage by**~~ volume
**[percent]{.underline}**, may be included, if desired.

**1.5.  Automotive Gasoline, Automotive Gasoline-Oxygenate Blend.** -- a
type of fuel suitable for use in spark-ignition automobile engines and
also commonly used in marine and non-automotive applications.

**1.6.  Aviation Gasoline.** -- a type of gasoline suitable for use as a
fuel in an aviation spark-ignition internal combustion engine.

**1.7.  Aviation Turbine Fuel.** -- a refined middle distillate suitable
for use as a fuel in an aviation gas turbine internal combustion engine.

**1.8.  Base Gasoline.** -- all components other than ethanol in a blend
of gasoline and ethanol.

**1.9.  Biodiesel.** -- a fuel comprised of mono-alkyl esters of long
chain fatty acids derived from vegetable oils or animal fats, designated
B100.

**1.10.  Biodiesel Blend.** -- a fuel comprised of a blend of biodiesel
fuel with petroleum-based diesel fuel, designated BXX. In the
abbreviation BXX, the XX represents the volume percentage of biodiesel
fuel in the blend.

~~**1.11.  Cetane Index.** -- **approximation of the cetane number of
distillate diesel fuel, which does not contain a cetane improver
additive, calculated from the density and distillation measurements.**~~

**~~1.12~~[1.11]{.underline}.  Cetane Number.** -- a numerical measure
of the ignition performance of a diesel fuel obtained by comparing it to
reference fuels in a standardized engine test.

**~~1.13.~~ [1.12]{.underline}.  Compressed Natural Gas (CNG).** --
natural gas which has been compressed and dispensed into fuel storage
containers and is suitable for use as an engine fuel.

**~~1.14.~~ [1.13]{.underline}.  Denatured Fuel Ethanol.** -- "ethanol"
as defined in Section 1.21.

**~~1.15.~~[1.14.]{.underline}  Diesel Fuel.** -- a refined middle
distillate suitable for use as a fuel in a compression-ignition (diesel)
internal combustion engine.

**~~1.16.~~[1.15.]{.underline}  Distillate.** -- any product obtained by
condensing the vapors given off by boiling petroleum or its products.

**~~1.17.~~[1.16.]{.underline}  EPA.** -- the United States
Environmental Protection Agency.

**~~1.18.~~1.17.  E85 Fuel Ethanol.** -- a blend of ethanol and
hydrocarbons of which the ethanol portion is nominally 85 to 75 volume
percent denatured fuel ethanol.

**~~1.19.~~1.18.  Engine Fuel.** -- any liquid or gaseous matter used
for the generation of power in an internal combustion engine.

**~~1.20.~~1.19.  Engine Fuels Designed for Special Use.** -- engine
fuels designated by the Director as requiring registration. These fuels
normally do not have ASTM or other national consensus standards applying
to their quality or usability; common special fuels are racing fuels and
those intended for agricultural and other off-road applications.

**~~1.21.~~[1.20.]{.underline}  Ethanol.** -- [(]{.underline}also known
as "Denatured Fuel Ethanol,"[)]{.underline} a nominally anhydrous ethyl
alcohol meeting ASTM D4806 standards. It is intended to be blended with
gasoline for use as a fuel in a spark-ignition internal combustion
engine. The denatured fuel ethanol is first made unfit for drinking by
the addition of the **[Alcohol and Tobacco Tax and Trade Bureau
(TTB]{.underline})** ~~**Bureau of Alcohol, Tobacco and Firearms
(BATF**)~~ approved substances before blending with gasoline.

**~~1.22.~~[1.21.]{.underline}  Fuel Oil.** -- a refined oil middle
distillates, heavy distillates, or residues of refining, or blends of
these, suitable for use as a fuel for heating or power generation, the
classification of which shall be defined by ASTM D396.

**~~1.23.~~[1.22.]{.underline}  Gasoline.** -- a volatile mixture of
liquid hydrocarbons generally containing small amounts of additives
suitable for use as a fuel in a spark-ignition internal combustion
engine.

**~~1.24.~~[1.23.]{.underline}  Gasoline-Alcohol Blend.** -- a fuel
consisting primarily of gasoline and a substantial amount (more than
0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if
methanol is the only oxygenate) of one or more alcohols.

**~~1.25.~~[1.24.]{.underline}  Gasoline Gallon Equivalent (GGE).** --
gasoline gallon equivalent (GGE) means 2.567 kg (5.660 lb) of natural
gas.

**~~1.26.~~[1.25.]{.underline}  Gasoline Liter Equivalent (GLE).** --
gasoline liter equivalent (GLE) means 0.678 kg (1.495 lb) of natural
gas.

**~~1.27.~~[1.26.]{.underline}  Gasoline-Oxygenate Blend.** -- a fuel
consisting primarily of gasoline along with a substantial amount (more
than 0.35 mass percent of oxygen, or more than 0.15 mass percent of
oxygen if methanol is the only oxygenate) of one or more oxygenates.

**~~1.28.~~[1.27.]{.underline}  Gear Oil.** -- an oil used to lubricate
gears, axles, or some manual transmissions.

(Added 2004)

**~~1.29.~~[1.28.]{.underline}  Kerosene.** -- (or "Kerosine") a refined
middle distillate suitable for use as a fuel for heating or
illuminating, the classification of which shall be defined by ASTM
D3699.

**~~1.30.~~[1.29.]{.underline}  Lead Substitute.** -- an EPA-registered
gasoline additive suitable, when added in small amounts to fuel, to
reduce or prevent exhaust valve recession (or seat wear) in automotive
spark-ignition internal combustion engines designed to operate on leaded
fuel.

**~~1.31.~~[1.30.]{.underline}  Lead Substitute Engine Fuel.** -- for
labeling purposes, a gasoline or gasoline-oxygenate blend that contains
a "lead substitute."

**~~1.32.~~[1.31.]{.underline}  Leaded.** -- for labeling purposes, any
gasoline or gasoline-oxygenate blend which contains more than 0.013 g of
lead per liter (0.05 g lead per U.S. gal). NOTE: EPA defines leaded fuel
as one which contains more than 0.0013 g of phosphorus per liter
(0.005 g per U.S. gal), or any fuel to which lead or phosphorus is
intentionally added.

**~~1.33.~~[1.32.]{.underline}  Liquefied Natural Gas (LNG).** --
natural gas that has been liquefied at -126.1 C (‑259 F) and stored in
insulated cryogenic tanks for use as an engine fuel.

**~~1.34.~~[1.33.]{.underline}  Liquefied Petroleum Gas (LPG).** -- a
mixture of normally gaseous hydrocarbons, predominantly propane, or
butane, or both, that has been liquefied by compression or cooling, or
both to facilitate storage, transport, and handling.

**~~1.35.  Low Sulfur. -- low sulfur diesel fuel that meets ASTM D975
(e.g., Grade Low Sulfur No. 1-D or Grade Low Sulfur No. 2-D) standards.
Diesel Fuel containing higher amounts of sulfur for off-road use is
defined by EPA regulations.~~**

**~~1.36.~~[1.34.]{.underline}  Low Temperature Operability.** -- a
condition which allows the uninterrupted operation of a diesel engine
through the continuous flow of fuel throughout its fuel delivery system
at low temperatures. Fuels with adequate low temperature operability
characteristics have the ability to avoid wax precipitation and clogging
in fuel filters.

(Added 1998) (Amended 1999)

**[1.35.  Lubricant. -- means "oil." (See 1.42 below)]{.underline}**

**~~1.37.~~[1.36.]{.underline}  Lubricity.** -- a qualitative term
describing the ability of a fluid to affect friction between, and wear
to, surfaces in relative motion under load.

(Added 2003)

**~~1.38.  M100 Fuel Methanol. -- means nominally anhydrous methyl
alcohol, generally containing small amounts of additives, suitable for
use as a fuel in a compression-ignition internal combustion engine.~~**

**~~1.39.~~[1.37.]{.underline}  M85 Fuel Methanol.** -- a blend of
methanol and hydrocarbons of which the methanol portion is nominally 70
to 85 volume percent.

**~~1.40.~~[1.38.]{.underline}  Motor Octane Number.** -- a numerical
indication of a spark-ignition engine fuel\'s resistance to knock
obtained by comparison with reference fuels in a standardized ASTM D2700
Motor Method engine test.

**~~1.41.~~[1.39.]{.underline}  Motor Oil.** -- an oil that reduces
friction and wear between the moving parts within a reciprocating
internal combustion engine and also serves as a coolant. For the
purposes of this regulation, "vehicle motor oil" refers to a motor oil
which is intended for use in light- to heavy-duty vehicles including
cars, sport utility vehicles, vans, trucks, buses, and off-road farming
and construction equipment. For the purposes of this regulation,
"recreational motor oil" refers to a motor oil which is intended for use
in four-stroke cycle engines used in motorcycles, ATVs, and lawn and
garden equipment. For the purposes of this regulation, motor oil also
means engine oil.

(Added 2004)

**[1.40.  MTBE. -- methyl *tertiary*-butyl ether.]{.underline}**

**~~1.42.~~[1.41.]{.underline}  Oil.** -- motor oil, engine oil, and/or
gear oil.

(Added 2004)

**~~1.43.~~[1.42.]{.underline}  Oxygen Content of Gasoline.** -- the
percentage of oxygen by mass contained in a gasoline.

**~~1.44.~~[1.43.]{.underline}  Oxygenate.** -- an oxygen-containing,
ashless, organic compound, such as an alcohol or ether, which can be
used as a fuel or fuel supplement.

**~~1.45.  Reformulated Gasoline. -- means a volatile mixture of liquid
hydrocarbons and oxygenates meeting the reformulated gasoline
requirements of the Clean Air Act Amendments of 1990 and suitable for
use as a fuel in a spark-ignition internal combustion engine.~~**

**~~1.45.~~[1.44.  Reformulated Gasoline *(RFG).* -- a gasoline or
gasoline-oxygenate blend certified to meet the specifications and
emission reduction requirements established by the Clean Air Act
Amendments of 1990, (as amended by the Energy Policy Act of 2005),
required to be sold for use in automotive vehicles in extreme and severe
ozone non-attainment areas and those areas which opt to require
reformulated gasoline.]{.underline}**

**~~1.46.~~[1.45]{.underline}.  Research Octane Number.** -- a numerical
indication of a spark-ignition engine fuel\'s resistance to knock
obtained by comparison with reference fuels in a standardized ASTM D2699
Research Method Engine Test.

**~~1.47.~~[1.46.]{.underline} SAE.** **--~~means the Society of
Automotive Engineers~~ [the SAE International]{.underline},**a technical
organization for engineers, scientists, technicians, and others in
positions that cooperate closely in the engineering, design,
manufacture, use, and maintainability of self-propelled vehicles.

**~~1.48.~~[1.47. ]{.underline} Substantially Similar.** -- the EPA\'s
"Substantially Similar" rule, Section 211(f)(1) of the Clean Air
Act \[42 U.S.C. 7545 (f)(1)\].

**~~1.49.~~[1.48.]{.underline}  Thermal Stability.** -- the ability of a
fuel to resist the thermal stress which is experienced by the fuel when
exposed to high temperatures in a fuel delivery system. Such stress can
lead to formation of insoluble gums or organic particulates. Insolubles
(e.g., gums or organic particulates) can clog fuel filters and
contribute to injector deposits.

(Added 1998) (Amended 1999)

~~**1.50.  Total Alcohol.** -- **means the aggregate total in volume
percent of all alcohol contained in any fuel defined in this
Chapter.**~~

~~**1.51.  Total Oxygenate.** **-- means the aggregate total in volume
percent of all oxygenates contained in any fuel defined in this
Chapter.**~~

**~~1.52.~~[1.49]{.underline}.  Unleaded.** -- [**when
used**]{.underline} in conjunction with "engine fuel" or "gasoline"
means any gasoline or gasoline-oxygenate blend to which no lead or
phosphorus compounds have been intentionally added and which contains
not more than 0.013 g of lead per liter (0.05 g lead per U.S. gal) and
not more than 0.0013 g of phosphorus per liter (0.005 g phosphorus per
U.S. gal).

**~~1.53.~~[1.50]{.underline}.  Wholesale Purchaser Consumer.** -- any
person who is an ultimate gasoline consumer of fuel methanol, fuel
ethanol, diesel fuel, biodiesel, fuel oil, kerosene, aviation turbine
fuels, natural gas, compressed natural gas, or liquefied petroleum gas
and who purchases or obtains the product from a supplier and receives
delivery of that product into a storage tank.

(Added 1998) (Amended 1999)

**Section 2.  Standard** **Fuel Specifications.**

See Item 237-2 "Proposed Amendments to Section 2.1. Gasoline and
Gasoline-Oxygenate Blends" in this agenda for a separate proposal to
amend this section. Section 2.1 may be amended at the Annual Meeting,
however; the Fuels and Lubricants Subcommittee (FALS) may propose new
language for this section at the 2008 Annual Meeting.

**2.1.  Gasoline and Gasoline-Oxygenate Blends.** -- (as defined in this
regulation) shall meet the following requirements:

> **2.1.1.  **The most recent version of ASTM D4814, "Standard
> Specification for Automotive Spark-Ignition Engine Fuel," except that
> volatility standards for unleaded gasoline blended with ethanol shall
> not be more restrictive than those adopted under the rules,
> regulations, and Clean Air Act waivers of the U.S. Environmental
> Protection Agency (which includes rules promulgated by the state).
> Gasoline blended with ethanol shall be blended under any of the
> following three options:
>
> **2.1.1.1.**  The base gasoline used in such blends shall meet the
> requirements of ASTM D4814, or
>
> **2.1.1.2.**  The blend shall meet the requirements of ASTM D4814, or
>
> **2.1.1.3.  **The base gasoline used in such blends shall meet all the
> requirements of ASTM D4814 except distillation, and the blend shall
> meet the distillation requirements of the ASTM specification.
>
> **2.1.2.  **Blends of gasoline and ethanol shall not exceed the ASTM
> D4814 vapor pressure standard by more than 1.0 psi.
>
> **2.1.3.  Minimum Antiknock Index (AKI).** -- The AKI shall not be
> less than the AKI posted on the product dispenser or as certified on
> the invoice, bill of lading, shipping paper, or other documentation;
>
> **2.1.4.  Minimum Motor Octane Number.** -- The minimum motor octane
> number shall not be less than 82 for gasoline with an AKI of 87 or
> greater;
>
> **2.1.5.  Minimum Lead Content to Be Termed "Leaded."** -- Gasoline
> and gasoline‑oxygenate blends sold as "leaded" shall contain a minimum
> of 0.013 g of lead per liter (0.05 g per U.S. gal);
>
> **2.1.6.**  **Lead Substitute Gasoline.** -- Gasoline and
> gasoline-oxygenate blends sold as "lead substitute" gasoline shall
> contain a lead substitute which provides protection against exhaust
> valve seat recession equivalent to at least 0.026 g of lead per liter
> (0.10 g per U.S. gal).
>
> **2.1.6.1.  Documentation of Exhaust Valve Seat Protection.** -- Upon
> the request of the Director, the lead substitute additive manufacturer
> shall provide documentation to the Director that demonstrates that the
> treatment level recommended by the additive manufacturer provides
> protection against exhaust valve seat recession equivalent to or
> better than 0.026 g/L (0.1 g/gal) lead. The Director may review the
> documentation and approve the lead substitute additive before such
> additive is blended into gasoline. This documentation shall consist
> of:
>
> **2.1.6.1.1.**  Test results as published in the Federal Register by
> the EPA Administrator as required in Section 211(f)(2) of the Clean
> Air Act; or
>
> **2.1.6.1.2.**  Until such time as the EPA Administrator develops and
> publishes a test procedure to determine the additive\'s effectiveness
> in reducing valve seat wear, test results and description of the test
> procedures used in comparing the effectiveness of 0.026 g/L
> (0.1 g/gal) lead and the recommended treatment level of the lead
> substitute additive shall be provided.
>
> **2.1.7.  Blending.** -- Leaded, lead substitute, and unleaded
> gasoline-oxygenate blends shall be blended according to the EPA
> "substantially similar" rule or an EPA waiver for unleaded fuel.

**2.2.  Diesel Fuel.** -- shall meet the most recent version of ASTM
D975, "Standard Specification for Diesel Fuel Oils."

> **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 as 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 D613.
>
> \(b\) **Low Temperature Operability.** -- A cold flow performance
> measurement which meets the ASTM D975 tenth percentile minimum ambient
> air temperature charts and maps by either ASTM Standard Test Method
> D2500 (Cloud Point) or ASTM Standard Test Method D4539 (Low
> Temperature Flow Test, LTFT). Low temperature operability is only
> applicable October 1 through March 31 of each year.

(c) **Thermal Stability.** -- A minimum reflectance measurement of 80 %
    as determined by ASTM Standard Test Method D6468 (180 min, 150 °C).

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(d) **Lubricity.** -- A maximum wear scar diameter of 520 microns as
    determined by ASTM D6079. If an enforcement jurisdiction's single
    test of more than 560 microns is determined, a second test shall be
    conducted. If the average of the two tests is more than 560 microns,
    the sample does not conform to the requirements of this part.

**2.3.  Aviation Turbine Fuels.** -- shall meet the most recent version
of ASTM D1655, "Standard Specification for Aviation Turbine Fuels."

**2.4.  Aviation Gasoline.** -- shall meet the most recent version of
one of the following, as appropriate

> **2.4.1  ASTM D910** "Standard Specification for Aviation Gasoline,"
> **[or]{.underline}**
>
> **[2.4.2  ASTM D6227 "Standard Specification for Grade 82 Unleaded
> Aviation Gasoline."]{.underline}**

**2.5.  Fuel Oils. --** shall meet the most recent version of ASTM D396,
"Standard Specification for Fuel Oils."

**2.6.  Kerosene (Kerosine).** -- shall meet the most recent version of
ASTM D3699, "Standard Specification for Kerosine."

**2.7.  Ethanol.** -- intended for blending with gasoline shall meet the
most recent version of ASTM D4806, "Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as Automotive
Spark-Ignition Engine Fuel."

**2.8.  Liquefied Petroleum (LP) Gases.** -- shall meet ASTM D1835,
"Standard Specification for Liquefied Petroleum (LP) Gases."

**Note:  **Also reference Gas Processors Association 2140, "Liquefied
Petroleum Gas Specification and Test Methods."

**2.9.  Compressed Natural Gas (CNG).** -- shall meet the most recent
version of SAE J1616, "Recommended Practice for Compressed Natural Gas
Vehicle Fuel."

**2.10.  E85 Fuel Ethanol.** -- shall meet the most recent version of
ASTM D5798, "Standard Specification for Fuel Ethanol (Ed75‑Ed85) for
Automotive Spark-Ignition Engines."

(Added 1997)

**2.11.  M85 Fuel Methanol.** -- shall meet the most recent version of
ASTM D5797, "Standard Specification for Fuel Methanol M70‑M85 for
Automotive Spark Ignition Engines."

**2.12.  Motor Oil.** -- shall not be sold or distributed for use unless
the product conforms to the following specifications:

> \(a\) Performance claims listed on the label shall be evaluated
> against SAE J183, API 1509 Engine Oil Licensing and Certifications
> System, or other industry standards as applicable;
>
> \(b\) The product shall meet its labeled viscosity grade specification
> as specified in the latest published version of SAE J300;
>
> \(c\) Any engine oil that is represented as "energy conserving" shall
> meet the requirements established by the latest revision of SAE J1423.

(Added 2004)

**2.13.  Products for Use in Lubricating Manual Transmissions, Gears, or
Axles. --** shall not be sold or distributed for use in lubricating
manual transmissions, gears or axles unless the product conforms to the
following specifications:

> \(a\) It is labeled with one or more of the service designations found
> in the latest revision of the SAE Information Report on axle and
> manual transmission lubricants, SAE J308, and API Publication 1560,
> and meets all applicable requirements of those designations;
>
> \(b\) The product shall meet its labeled viscosity grade
> classification as specified in the latest published version of
> SAE J306;
>
> \(c\) The product shall be free from water and suspended matter when
> tested by means of centrifuge, in accordance with the standard test
> ASTM D2273.

**2.14.  Products for Use in Lubricating Automatic Transmissions.** --
Any automatic transmission fluid sold without limitation as to type of
transmission for which it is intended shall meet all automotive
manufacturers' recommended requirements for transmissions in general use
in the state. Automatic transmission fluids that are intended for use
only in certain transmissions, as disclosed on the label of its
container, shall meet the latest automotive manufacturers' recommended
requirements for those transmissions. Adherence to automotive
manufacturers' recommended requirements shall be based on tests
currently available to the lubricants industry and the state regulatory
agency. Any material offered for sale or sold as an additive to
automatic transmission fluids shall be compatible with the automatic
transmission fluid to which it is added, and shall meet all performance
claims as stated on the label. Any manufacturer of any such product sold
in this state shall provide, upon request by a duly authorized
representative of the Director, documentation of any claims made on
their product label.

**2.15.  Biodiesel.** -- B100 biodiesel intended for blending with
diesel fuel shall meet the most recent version of ASTM D6751, Standard
Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels.

**2.16.  Biodiesel Blends.** -- Blends of biodiesel and diesel fuels
shall meet the following requirements:

> \(a\) The base diesel fuel shall meet the most current requirements of
> ASTM D975, Standard Specification for Diesel Fuel Oils;

(b) The biodiesel blend stock shall meet the most current requirements
    of ASTM D6751, Standard Specification for Biodiesel Fuel (B100)
    Blend Stock for Distillate Fuels;

(c) **[Use of S15 biodiesel is required when blending into S15 low
    sulfur motor vehicle diesel fuel.]{.underline}**

**Section 3.  Classification and Method of Sale of Fuels and Automotive
Lubricants**

**3.1.  General Considerations.**

> **3.1.1.  Documentation.** -- When **[all products regulated by this
> rule]{.underline}** **~~gasoline, gasoline-oxygenate blends,
> reformulated gasoline, M85 and M100 fuel methanol, E85 and E100 fuel
> ethanol, liquefied petroleum (LP) gases, compressed natural gas,
> liquefied natural gas, biodiesel, diesel fuel, kerosene, aviation
> gasoline, aviation turbine fuels, or fuel oils~~** are sold, an
> invoice, bill of lading, shipping paper or other documentation must
> accompany each delivery other than a retail sale. This document must
> identify the quantity, the name of the product, the particular grade
> of the product, the applicable automotive fuel rating, and oxygenate
> type and content (if applicable), the name and address of the seller
> and buyer, and the date and time of the sale. Documentation must be
> retained at the retail establishment for a period not less than
> 1 year.
>
> **3.1.2.  Retail Dispenser Labeling.** -- All retail dispensing
> devices must identify conspicuously the type of product, the
> particular grade of the product, and the applicable automotive fuel
> rating.
>
> **3.1.3.  Grade Name.** -- The sale of any product under any grade
> name that indicates to the purchaser that it is of a certain
> automotive fuel rating or ASTM grade shall not be permitted unless the
> automotive fuel rating or grade indicated in the grade name is
> consistent with the value and meets the requirements of Section 2,
> Standard Fuel Specifications.

**3.2.  Automotive Gasoline and Automotive Gasoline-Oxygenate Blends.**

> **3.2.1.**  **Posting of Antiknock Index Required.** -- All automotive
> gasoline and automotive gasoline-oxygenate blends shall post the
> antiknock index in accordance with applicable regulations, 16 CFR
> Part 306 issued pursuant to the Petroleum Marketing Practices Act, as
> amended.
>
> **3.2.2.**  **When the Term "Leaded" may be Used.** -- The term
> "leaded" shall only be used when the fuel meets specification
> requirements of paragraph 2.1.5.
>
> **3.2.3.**  **Use of Lead Substitute must be Disclosed.** -- Each
> dispensing device from which gasoline or gasoline-oxygenate blends
> containing a lead substitute is dispensed shall display the following
> legend: "Contains Lead Substitute." The lettering of this legend shall
> not be less than 12 mm (½ in) in height and the color of the lettering
> shall be in definite contrast to the background color to which it is
> applied.
>
> **3.2.4.**  **Nozzle Requirements for Leaded Fuel.** -- Each
> dispensing device from which gasoline or gasoline-oxygenate blends
> that contain lead in amounts sufficient to be considered "leaded"
> gasoline, or lead substitute engine 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).
>
> **3.2.5.**  **Prohibition of Terms.** -- It is prohibited to use
> specific terms to describe a grade of gasoline or gasoline-oxygenate
> blend unless it meets the minimum antiknock index requirement shown in
> Table 1.
>
> **3.2.6.  Method of Retail Sale.** -- **Type of Oxygenate Must be
> Disclosed.** -- All automotive gasoline or automotive
> gasoline-oxygenate blends kept, offered, or exposed for sale, or sold
> at retail containing at least 1.5 mass percent oxygen shall be
> identified as "with" or "containing" (or similar wording) the
> predominant oxygenate in the engine fuel. For example, the label may
> read "contains ethanol" or "with methyl *tertiary*-butyl ether
> (MTBE)." The oxygenate contributing the largest mass percent oxygen to
> the blend shall be considered the predominant oxygenate. Where
> mixtures of only ethers are present, the retailer may post the
> predominant oxygenate followed by the phrase "or other ethers" or
> alternatively post the phrase "contains MTBE or other ethers." In
> addition, gasoline-methanol blend fuels containing more than 0.15 mass
> percent oxygen from methanol shall be identified as "with" or
> "containing" methanol. This information shall be posted on the upper
> 50 % of the dispenser front panel in a position clear and conspicuous
> from the driver's position in a type at least 12.7 mm (½ in) in
> height, 1.5 mm (^1^/16 in) stroke (width of type).
>
> **3.2.7.  Documentation for Dispenser Labeling Purposes.** -- The
> retailer shall be provided, at the time of delivery of the fuel, on an
> invoice, bill of lading, shipping paper, or other documentation, a
> declaration of the predominant oxygenate or combination of oxygenates
> present in concentrations sufficient to yield an oxygen content of at
> least 1.5 mass percent in the fuel. Where mixtures of only ethers are
> present, the fuel supplier may identify either the predominant
> oxygenate in the fuel (i.e., the oxygenate contributing the largest
> mass percent oxygen) or, alternatively, use the phrase "contains MTBE
> or other ethers." In addition, any gasoline containing more than
> 0.15 mass percent oxygen from methanol shall be identified as "with"
> or "containing" methanol. This documentation is only for dispenser
> labeling purposes; it is the responsibility of any potential blender
> to determine the total oxygen content of the engine fuel before
> blending.

  --------------------- ----------------------- -------------------------
  **Table 1. Minimum                            
  Antiknock Index                               
  Requirements**                                

                        **Minimum Antiknock     
                        Index**                 

  **Term**              **ASTM D4814 Altitude   **All Other ASTM D4814
                        Reduction Areas IV      Areas**
                        and V**                 

  Premium, Super,       90                      91
  Supreme, High Test                            

  Midgrade, Plus        87                      89

  Regular Leaded        86                      88

  Regular, Unleaded     85                      87
  (alone)                                       

  Economy               \--                     86
  --------------------- ----------------------- -------------------------

**3.3.  Diesel Fuel.**

> **3.3.1.  Labeling of Grade Required.** -- Diesel Fuel shall be
> identified by grades No. 1‑D, **~~No. 1‑D (low sulfur),~~** No. 2‑D,
> ~~**No. 2‑D (low sulfur)**,~~ or No. 4‑D. **~~Each retail dispenser of
> diesel fuel shall be labeled according to the grade being dispensed
> except the words "low sulfur" are not required.~~**
>
> ~~**3.3.2.  Location of Label.**~~ **--** **~~These labels shall be
> located on the upper 50 % of the dispenser front panel in a position
> clear and conspicuous from the driver's position, in a type at least
> 12 mm (½ in) in height, 1.5 mm (^1^/16 in) stroke (width of type).~~**
>
> [**3.3.2.  EPA Labeling Requirements Also Apply.** **-- Retailers and
> wholesale purchaser-consumers of diesel fuel shall comply with EPA
> pump labeling requirements for sulfur under 40 CFR
> § 80.570.**]{.underline}
>
> **3.3.3.  Delivery Documentation [for Premium Diesel]{.underline}.**
> -- Before or at the time of delivery of premium diesel fuel, the
> retailer or the wholesale purchaser consumer shall be provided on an
> invoice, bill of lading, shipping paper, or other documentation a
> declaration of all performance properties that qualifies the fuel as
> premium diesel fuel as required in Section 2.2.1.

**3.4.  Aviation Turbine Fuels.**

> **3.4.1.**  **Labeling of Grade Required.** -- Aviation turbine fuels
> shall be identified by Jet A, Jet A‑1, or Jet B.
>
> **3.4.2.  NFPA Labeling Requirements also Apply.** -- Each dispenser
> or airport fuel truck dispensing aviation turbine fuels shall be
> labeled in accordance with the most recent edition of National Fire
> Protection Association (NFPA 407), "Standard for Aircraft Fuel
> Servicing."
>
> **Note:**  For example, NFPA 407, [**2007**]{.underline} **~~1990~~**
> edition: Section **[4.3.18]{.underline}** **~~2 3.18~~** Product
> Identification Signs. Each aircraft fuel servicing vehicle shall have
> a sign on each side and the rear to indicate the product. The sign
> shall have letters at least 75 mm (3 in) high of color sharply
> contrasting with its background for visibility. It shall show the word
> "FLAMMABLE" and the name of the product carried, such as "JET A,"
> "JET B," "GASOLINE," or "AVGAS." (NOTE: Refer to the most recent
> edition of NFPA 407.)

**3.5.  Aviation Gasoline****.**

> **3.5.1.**  **Labeling of Grade Required.** -- Aviation gasoline shall
> be identified by Grade 80, **[Grade 91]{.underline}**, Grade 100,
> Grade 100LL, or Grade 82 UL.
>
> **3.5.2.  NFPA Labeling Requirements also Apply.** -- Each dispenser
> or airport fuel truck dispensing aviation gasoline shall be labeled in
> accordance with the most recent edition of National Fire Protection
> Association (NFPA) 407, "Standard for Aircraft Fuel Servicing."
>
> **Note:**  For example, NFPA 407, **[2007]{.underline}** **~~1990~~**
> edition: Section **[4.3.18]{.underline} ~~2 3.18 ~~**Product
> Identification Signs. Each aircraft fuel servicing vehicle shall have
> a sign on each side and the rear to indicate the product. The sign
> shall have letters at least 75 mm (3 in) high of color sharply
> contrasting with its background for visibility. It shall show the word
> "FLAMMABLE" and the name of the product carried, such as "JET A,"
> "JET B," "GASOLINE," or "AVGAS." (NOTE: Refer to the most recent
> edition of NFPA 407.)

**3.6.  Fuel Oils.**

> **3.6.1.  Labeling of Grade Required.** -- Fuel Oil shall be
> identified by the grades of No. 1 S500, No. 1 S5000, No. 2
> **[S500]{.underline}, [No. 2 S5000,]{.underline}** No. 4 (Light),
> No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6.

**3.7.  Kerosene (Kerosine).**

> **3.7.1.  Labeling of Grade Required.** -- Kerosene shall be
> identified by the grades No. 1‑K or No. 2‑K.
>
> **3.7.2.  Additional Labeling Requirements.** -- Each retail dispenser
> of kerosene shall be labeled as 1‑K Kerosene or 2‑K. In addition,
> No. 2‑K dispensers shall display the following legend:
>
> "Warning -- Not Suitable For Use In Unvented Heaters Requiring
> No. 1‑K."
>
> The lettering of this legend shall not be less than 12 mm (½ in) in
> height by 1.5 mm (^1^/16 in) stroke; block style letters and the color
> of lettering shall be in definite contrast to the background color to
> which it is applied.

**3.8.  E85 Fuel Ethanol.**

> **3.8.1.  How to Identify [E85]{.underline} Fuel Ethanol.** -- Fuel
> ethanol shall be identified as E85.
>
> **3.8.2.  Labeling Requirements.**
>
> \(a\) Fuel ethanol shall be labeled with its automotive fuel rating in
> accordance with 16 CFR Part 306.
>
> []{.mark}
>
> \(b\) A label shall be posted which states "For Use in Flexible Fuel
> Vehicles (FFV) Only" and **"[Consult manufacturer fuel
> recommendations."]{.underline}** This information shall be clearly and
> conspicuously posted on the upper 50 % of the dispenser front panel in
> a type at least 12.7 mm (½ in) in height, 1.5 mm (^1^/16 in) stroke
> (width of type).

**3.9.  [M85]{.underline} Fuel Methanol.**

> **~~3.9.1.  How Fuel Methanol is to be Identified. -- Fuel methanol
> shall be identified by the capital letter M followed by the numerical
> value volume percentage of methanol.~~**
>
> **[3.9.1.  How to Identify M85 Fuel Methanol. -- Fuel Methanol shall
> be identified as M85.]{.underline}**
>
> **Example:** M85
>
> **3.9.2.  Retail Dispenser Labeling.** -- **~~Each retail dispenser of
> fuel methanol shall be labeled by the capital letter M followed by the
> numerical value volume percent and ending with the word
> "methanol."~~**
>
> **[(a) Fuel methanol shall be labeled with its automotive fuel rating
> in accordance with 16 CFR Part 306.]{.underline}**
>
> []{.mark}
>
> **Example**: M85 Methanol
>
> []{.mark}
>
> **[(b) A label shall be posted which states "For Use in Vehicles
> capable of using M85 Only." This information shall be clearly and
> conspicuously posted on the upper 50 % of the dispenser front panel in
> a type at least 12.7 mm (½ in) in height, 1.5 mm (~~^1^/16~~ in)
> stroke (width of type).]{.underline}**
>
> ~~**3.9.3.  Additional Labeling Requirements.** **-- Fuel methanol
> shall be labeled with its automotive fuel rating in accordance with
> 16 CFR Part 306.**~~

**3.10.  Liquefied Petroleum (LP) Gas.**

> **3.10.1.  How LPG is to be Identified.** -- Liquefied petroleum gases
> shall be identified by grades Commercial Propane, Commercial Butane,
> Commercial PB Mixtures or Special-Duty Propane (HD5).
>
> **3.10.2.  Retail Dispenser Labeling.** -- Each retail dispenser of
> liquefied petroleum gases shall be labeled as "Commercial Propane,"
> "Commercial Butane," "Commercial PB Mixtures," or "Special-Duty
> Propane (HD5)."
>
> **3.10.3.  Additional Labeling Requirements.** -- Liquefied petroleum
> gas shall be labeled with its automotive fuel rating in accordance
> with 16 CFR Part 306.
>
> **3.10.4.**  NFPA Labeling Requirements also apply. (Refer to the most
> recent edition of NFPA 58.)

**3.11.  Compressed Natural Gas.**

> **3.11.1.  How Compressed Natural Gas is to be Identified.** -- For
> the purposes of this regulation, compressed natural gas shall be
> identified by the term "Compressed Natural Gas" or "CNG."
>
> **3.11.2.**  **Retail Sales of Compressed Natural Gas Sold as a
> Vehicle Fuel.**
>
> **3.11.2.1.  Method of Retail Sale.** -- All compressed natural gas
> kept, offered, or exposed for sale or sold at retail as a vehicle fuel
> shall be in terms of the gasoline liter equivalent (GLE) or gasoline
> gallon equivalent (GGE).
>
> **3.11.2.2.  Retail Dispenser Labeling.**
>
> **3.11.2.2.1.  Identification of Product.** -- Each retail dispenser
> of compressed natural gas shall be labeled as "Compressed Natural
> Gas."
>
> **3.11.2.2.2.  Conversion Factor.** -- All retail compressed natural
> gas dispensers shall be labeled with the conversion factor in terms of
> kilograms or pounds. The label shall be permanently and conspicuously
> displayed on the face of the dispenser and shall have either the
> statement "1 Gasoline Liter Equivalent (GLE) is equal to 0.678 kg of
> Natural Gas" or "1 Gasoline Gallon Equivalent (GGE) is equal to
> 5.660 lb of Natural Gas" consistent with the method of sale used.
>
> **3.11.2.2.3.  Pressure.** -- CNG is dispensed into vehicle fuel
> containers with working pressures of 16 574 kPa, 20 684 kPa, or
> 24 821 kPa. The dispenser shall be labeled 16 574 kPa, 20 684 kPa, or
> 24 821 kPa corresponding to the pressure of the CNG dispensed by each
> fueling hose.
>
> **3.11.2.2.4.  NFPA Labeling.** -- NFPA Labeling requirements also
> apply. (Refer to NFPA 52.)
>
> **3.11.3.  Nozzle Requirements for CNG.** -- CNG fueling nozzles shall
> comply with ANSI/AGA/CGA NGV 1.

**3.12.  Liquefied Natural Gas.**

> **3.12.1.  How Liquefied Natural Gas is to be Identified.** -- For the
> purposes of this regulation, liquefied natural gas shall be identified
> by the term "Liquefied Natural Gas" or "LNG."
>
> **3.12.2.  Labeling of Retail Dispensers of Liquefied Natural Gas Sold
> as a Vehicle Fuel.**
>
> **3.12.2.1.  Identification of Product.** -- Each retail dispenser of
> liquefied natural gas shall be labeled as "Liquefied Natural Gas."
>
> **3.12.2.2.  Automotive Fuel Rating.** -- LNG automotive fuel shall be
> labeled with its automotive fuel rating in accordance with 16 CFR
> Part 306.
>
> **3.12.2.3.  NFPA Labeling.** -- NFPA Labeling requirements also apply
> (Refer to NFPA 57).

**3.13.  Oil.**

> **3.13.1.  Labeling of Vehicle Motor Oil.**
>
> **3.13.1.1.  Viscosity.** -- The label on each container of vehicle
> motor oil shall contain the viscosity grade classification preceded by
> the letters "SAE" in accordance with the SAE International's latest
> version of SAE J300.
>
> **3.13.1.2.  Intended Use.** -- The label on each container of vehicle
> motor oil shall contain a statement of its intended use in accordance
> with the latest version of SAE J300.
>
> **3.13.1.3.  Engine Service Category.** -- The label on each container
> of vehicle motor oil shall contain the engine service category, or
> categories, met in letters not less than 3.18 mm (^1^/8 in) in height,
> as defined by the latest version of SAE J183 or API Publication 1509,
> Engine Oil Licensing and Certification System.
>
> **3.13.1.2.1.  Exception for Quantities of One Gallon or Less.** -- A
> container of engine vehicle motor oil with a volume of one gallon or
> less that does not meet an active service category, as defined by the
> latest version of SAE J183, shall bear a plainly visible cautionary
> statement in compliance with SAE J183, Appendix A, for obsolete API
> oil categories.
>
> **3.13.2.  Labeling of Recreational Motor Oil.**
>
> **3.13.2.1.  Viscosity.** -- The label on each container of
> recreational motor oil shall contain the viscosity grade
> classification preceded by the letters "SAE" in accordance with the
> SAE International's latest version of SAE J300.
>
> **3.13.1.2.  Intended Use.** -- The label on each container of
> recreational motor oil shall contain a statement of its intended use
> in accordance with the latest version of SAE J300.
>
> **3.13.3.  Labeling of Gear Oil.**
>
> **3.13.2.1.  Viscosity.** -- The label on each container of gear oil
> shall contain the viscosity grade classification preceded by the
> letters "SAE" in accordance with the SAE International's latest
> version of SAE J306 or SAE J300.
>
> **3.13.2.1.1.  Exception.** -- Some automotive equipment manufacturers
> may not specify an SAE viscosity grade requirement for some
> applications. Gear oils intended to be used only in such applications
> are not required to contain an SAE viscosity grade on their labels.
>
> **3.13.2.2.  Service Category.** -- The label on each container of
> gear oil shall contain the service category, or categories, met in
> letters not less than 3.18 mm (^1^/8 in) in height, as defined by the
> latest version of SAE J308.

**3.14.  Automatic Transmission Fluid.**

> **3.14.1.  Labeling.** -- The label on a container of automatic
> transmission fluid shall not contain any information that is false or
> misleading. In addition, each container of automatic transmission
> fluid shall be labeled with the following:
>
> \(a\) The brand name;
>
> \(b\) The name and place of business of the manufacturer, packer,
> seller, or distributor;
>
> \(c\) The words "Automatic Transmission Fluid;"
>
> \(d\) The duty type of classification;
>
> \(e\) An accurate statement of the quantity of the contents in terms
> of liquid measure.
>
> **3.14.2.  Documentation of Claims Made Upon Product Label.** -- Any
> manufacturer or packer of any product subject to this article and sold
> in this state shall provide, upon request of duly authorized
> representatives of the Director, documentation of any claim made upon
> their product label.

3.15.  Biodiesel.

> **[3.15.1.  Identification of Product. -- Biodiesel]{.underline} ~~and
> Biodiesel Blends~~ [shall be identified by]{.underline}~~the capital
> letter B followed by the numerical value representing the volume
> percentage of biodiesel fuel (Examples: B10; B20, B100)~~ the [term
> "Biodiesel" followed with the designation "B100." Biodiesel blends
> shall be identified by the term "Biodiesel Blend."]{.underline}**
>
> **3.15.2.  Labeling of Retail Dispensers Containing ~~Between~~ [More
> than]{.underline} 5 % and [Up to and including]{.underline} 20 %
> Biodiesel.** -- Each retail dispenser of biodiesel blend containing
> more than 5 % and up to and including 20 % biodiesel shall be labeled
> with either:
>
> **3.15.2.1.**  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;
>
> **[3.15.2.2.  The phrase "biodiesel blend between 5 % and 20 %" or
> similar words.]{.underline}**
>
> **3.15.3.  Labeling of Retail Dispensers Containing Biodiesel Blend
> More Than 20 % Biodiesel.** -- Each retail dispenser of 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 "biodiesel blend."
> (Example: B60 biodiesel blend).
>
> **3.15.4.  [Additional Labeling Requirements. -- The dispenser shall
> be labeled with "Consult Manufacturer fuel
> recommendations."]{.underline}**
>
> **3.15.5.  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.
>
> **3.15.6.**  **Exemption.** -- Biodiesel blends containing 5 % or less
> biodiesel by volume are exempted from the requirements of
> **~~Section 3.15~~ [Sections 3.15.1. through 3.15.5.]{.underline}**

**Section 4.  Retail Storage Tanks** **[and Dispenser
Filters]{.underline}**

**4.1.  Water in Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends,
E85 Fuel Ethanol, Aviation Gasoline, and Aviation Turbine Fuel.** -- No
water or water-alcohol phase greater than 6 mm (¼ in) as determined by
an appropriate detection paste or other acceptable means, is allowed to
accumulate in any tank utilized in the storage of gasoline-alcohol
blend, biodiesel, biodiesel blends, E85 fuel ethanol[,]{.underline}
aviation gasoline, and aviation turbine fuel.

**4.2.  Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels.** --
Water shall not exceed 25 mm (1 in) in depth when measured with water
indicating paste or other acceptable means in any tank utilized in the
storage of diesel, gasoline, gasoline-ether blends, and kerosene sold at
retail except as required in Section 4.1.

**[4.3.  Dispenser Filters. -- All gasoline, gasoline-alcohol blends,
gasoline-ether blends, biodiesel, biodiesel blends, diesel, E85 fuel
ethanol, M85 methanol, and kerosene dispensers shall have a 10 micron or
smaller nominal pore-sized filter.]{.underline}**

> **[(a) Fuel delivery of aviation turbine fuel into aircraft shall be
> filtered through a fuel filter/separator conforming to API 1581
> Specification and Qualification Procedures for Aviation Jet Fuel
> Filter/Separators.]{.underline}**
>
> **[(b) Fuel delivery of aviation gasoline into aircraft shall be
> filtered through a fuel filter/separator conforming to API 1581
> Specification and Qualification Procedures for Aviation Jet Fuel
> Filter/Separators. (Note: This subsection is pending additional
> review.)]{.underline}**

**4.~~3~~[4]{.underline}.  Product Storage Identification.**

> **4.~~3[4]{.underline}~~.1.  Fill Connection Labeling.** -- The fill
> connection for any **[fuel]{.underline} ~~petroleum ~~**product
> storage tank or vessel supplying engine-fuel devices shall be
> permanently, plainly, and visibly marked as to the product contained.
>
> **4.~~3[4]{.underline}~~.2.  Declaration of Meaning of Color Code.**
> -- When the fill connection device is marked by means of a color code,
> the color code shall be conspicuously displayed at the place of
> business.

**4.~~4~~[5]{.underline}.  Volume of Product Information.** -- Each
retail location shall maintain on file a calibration chart or other
means of determining the volume of each regulated product in each
storage tank and the total capacity of such storage tank(s). This
information shall be supplied immediately to the Director.

**Section 5.  Condemned Product**

**5.1.  Stop-Sale Order at Retail.** -- A stop-sale order may be issued
to retail establishment dealers for fuels failing to meet specifications
or when a condition exists that causes product degradation. A release
from a stop-sale order will be awarded only after final disposition has
been agreed upon by the Director. Confirmation of disposition shall be
submitted in writing on form(s) provided by the Director and contain an
explanation for the fuel's failure to meet specifications. Upon
discovery of fuels failing to meet specifications, meter readings and
physical inventory shall be taken and reported in confirmation for
disposition. Specific variations or exemptions may be made for fuels
designed for special equipment or services and for which it can be
demonstrated that the distribution will be restricted to those uses.

**5.2.  Stop-Sale Order at Terminal or Bulk Plant Facility.** -- A
stop-sale order may be issued when products maintained at terminals or
bulk plant facilities fail to meet specifications or when a condition
exists that may cause product degradation. The terminal or bulk storage
plant shall immediately notify all customers that received those
product(s) and make any arrangements necessary to replace or adjust to
specifications those product(s). A release from a stop-sale order will
be awarded only after final disposition has been agreed upon by the
Director. Confirmation of disposition of products shall be made
available in writing to the Director. Specific variations or exemptions
may be made for fuels used for blending purposes or designed for special
equipment or services and for which it can be demonstrated that the
distribution will be restricted to those uses.

**Section 6.  Product Registration**

**6.1.  Engine Fuels Designed for Special Use.** -- All engine fuels
designed for special use that do not meet ASTM specifications or
standards addressed in Section 2 shall be registered with the Director
on forms prescribed by the Director 30 days prior to when the registrant
wishes to engage in sales. The registration form shall include all of
the following information:

> **6.1.1.  Identity.** -- Business name and address(es).
>
> **6.1.2.  Address.** -- Mailing address if different from business
> address.
>
> **6.1.3.  Business Type.** -- Type of ownership of the distributor or
> retail dealer, such as an individual, partnership, association, trust,
> corporation, or any other legal entity or combination thereof.
>
> **6.1.4.  Signature.** -- An authorized signature, title, and date for
> each registration.
>
> **6.1.5.  Product Description.** -- Product brand name and product
> description.
>
> **6.1.6.  Product Specification.** -- A product specification sheet
> shall be attached.

**6.2.  Renewal.** -- Registration is subject to annual renewal.

**6.3.  Re-registration.** -- Re-registration is required 30 days prior
to any changes in Section 6.1.

**6.4.  Authority to Deny Registration.** -- The Director may decline to
register any product that actually or by implication would deceive or
tend to deceive a purchaser as to the identity or the quality of the
engine fuel.

**6.5.  Transferability.** -- The registration is not transferable.

**Section 7.  Test Methods and Reproducibility Limits.**

**7.1.  Standard Test Methods.** -- Standard Test Methods referenced for
use within the applicable Standard Specification shall be used to
determine the specification values for enforcement purposes.

**7.2.  Reproducibility Limits.**

> **7.2.1.  AKI Limits.** -- When determining the antiknock index (AKI)
> acceptance or rejection of a gasoline sample, the AKI reproducibility
> limits as outlined in ASTM D4814 Appendix XI shall be acknowledged for
> enforcement purposes.
>
> **7.2.2.  Reproducibility.** -- The reproducibility limits of the
> standard test method used for each test performed shall be
> acknowledged for enforcement purposes, except as indicated in
> **[Section 2.2.1, and]{.underline}** Section 7.2.1. **[No allowance
> shall be made for the precision of the test methods for aviation
> gasoline or aviation turbine fuels.]{.underline}**
>
> **[7.2.3.  SAE viscosity grades for Engine Oils -- All values are
> critical specifications as defined in ASTM D3244. The product shall be
> considered to be in conformance if the Assigned Test Value (ATV) is
> within the specification.]{.underline}**
>
> **7.2.~~3~~[4]{.underline}.  Dispute Resolution.** -- In the event of
> a dispute over a reported test value, the guidelines presented in the
> most recent version of ASTM D3244, "Standard Practice for Utilization
> of Test Data to Determine Conformance with Specifications," shall be
> used to determine the acceptance or rejection of the sample.
>
> **[7.2.5.  Additional Enforcement Action. -- The Director may initiate
> enforcement action in the event that, based upon a statistically
> significant number of samples, the average test result for products
> sampled from a particular person is greater than the legal maximum or
> less than the legal minimum limits (specification value), posted
> values, certified values, or registered values.]{.underline}**

####### 237-2 I Revise Section 2.1. Gasoline and Gasoline-Oxygenate Blends

**Source:** Chairman, Fuels and Lubricants Subcommittee/NIST Technical
Advisor

**Committee Action at the 2008 Interim Meeting:** Comments were made
during the open hearings where stakeholders voiced their concerns that
this item is not ready to move forward. Stakeholders would like this
item to go back to the Fuels and Lubricants Subcommittee for additional
work on the language. The L&R committee voted to make this item
Informational and requested that the Fuel and Lubricants Subcommittee
reconsider this issue. If the Subcommittee can resolve its differences
on the proposal, it can submit amendments to this section as part of the
revision to the Engine Fuels and Automotive Lubricants regulation under
Item 237‑1 above (see Appendix B for written comments received on this
item).

The Fuel and Lubricants Subcommittee had met at the 2007 Interim Meeting
in Jacksonville, Florida, to undertake a review of a number of
significant issues related to fuel standards. One of their projects was
to review and update the Uniform Engine Fuels, Petroleum Products, and
Automotive Lubricants Regulation in NIST Handbook 130 and submit a draft
revision of the regulation for consideration by the Committee at the
2008 Interim Meeting. The Subcommittee met at the 2007 NCWM Annual
Meeting and continued its work on a number of items including a
substantive revision of the fuel ethanol labeling requirement that the
NCWM adopted at that meeting. The Subcommittee met again on
December 5, 2007, at the ASTM International (ASTM) Meeting in Phoenix,
Arizona, and considered proposed amendments to Section 2.1 as shown
below but a consensus agreement could not be reached at that meeting.
The Subcommittee held a conference call on January 15, 2008, to complete
its work on the draft revisions of the law and regulation and to
consider the proposed revisions to Section 2.1. Again, after extensive
deliberation a consensus agreement on the proposed revisions to
Section 2.1 could not be obtained.

This item was sent to the full Laws and Regulations Committee for
consideration at the 2008 Interim Meeting on the recommendation of
NIST's Technical Advisor and with the agreement of the Subcommittee
Chairman. The section must be reviewed by the NCWM because the current
language may be in conflict with federal fuel waiver provisions.

### **Discussion:** The proposed changes for the current Section 2.1 of the regulation are based on the belief by some members of the Subcommittee that there is ambiguity in the current regulation and a lack of acceptance of the current requirements by some states. Some of the members of the Subcommittee believe the uniform regulation should include a set of enforceable limits that provides consumers' protection yet builds a bridge to the future predominance of blend stock use.

1.  *Ambiguity in the Current Regulation* -- Discussions between
    regulators and industry, both during Fuel and Lubricants
    Subcommittee meetings and during the course of performing regulatory
    functions within the jurisdictions, have revealed that the current
    regulation has varying interpretations. The current regulation
    provides three options for blending.

    a.  Option 1 (***2.1.1.1.** **The base gasoline used in such blends
        shall meet the requirements of ASTM D4814***) is generally
        interpreted to mean that if the base gasoline meets the ASTM
        requirements, then the blend is exempt from all ASTM volatility
        control parameters when splash blending occurs downstream with a
        finished gasoline. Others suggest that, based on the wording,
        when blending under these conditions, the blend is exempt from
        any ASTM standards. Still others suggest that the section fails
        to clearly exempt the blend from any standards; therefore, they
        do not feel that this section provides the final blend with any
        relaxation from the ASTM standards.

    b.  Option 2 (***2.1.1.2.** **The blend shall meet the requirements
        of ASTM D4814***) is unclear to most readers that were not
        present when the rule was originally drafted. Obviously, a spark
        ignition engine fuel can certainly meet the ASTM standard and be
        compliant without question. In actuality, the rule was written
        to *require* that blends constructed at a refinery using ethanol
        as a blend stream component meet the ASTM standard.

    c.  Option 3 (**2.1.1.3.**  ***The base gasoline used in such blends
        shall meet all the requirements of ASTM D4814 except
        distillation, and the blend shall meet the distillation
        requirements of the ASTM specification***) is also unclear to
        many. This section was constructed by the original drafters of
        the rule to apply to blending with Blend Stock for Oxygenate
        Blending (BOBs). The original intent was based upon the fact
        that the blender knows the effect that the ethanol will have on
        the fuel, and the BOB should be manufactured with refinery
        stream components that will result in an ASTM-compliant fuel
        after the addition of the ethanol. Again, many readers do not
        understand this option and find that it is hard to distinguish
        from Option 2. The proposed revision combines Option 2 and
        Option 3 into a clear and concise statement.

2.  *Lack of Acceptance by States* -- The current model regulation has
    proven unacceptable to many states. According to a recent survey
    conducted, eleven states have adopted Section 2.1 into regulation
    with approximately five other states that have adopted similar
    versions of this section. Seven states have adopted no ~~**motor**~~
    **[engine]{.underline}** fuel quality standards. The remaining
    twenty-seven states have not adopted this section of the model
    regulation. This section has been available for states to consider
    since 1995. Thirteen years later, there remains considerable
    resistance by states to adopt the current language.

3.  *Sets an Enforceable Limit that Provides Minimum Consumer Protection
    and Builds a Bridge to the Future Predominance of Blend Stock Use*
    -- The proposed revision provides state regulators with limits that
    will provide at least minimal protection to consumers when ethanol
    is blended with finished gasoline and removes the ambiguity that was
    left in the original wording. Major oil companies have asked states
    for a compromise standard that can be reasonably met when blending
    finished gasoline with ethanol. This is needed now in many markets
    because ethanol blends are not established, and it is not practical
    for many reasons to ship blend stock and finished gasoline into
    those markets. The proposed revisions provide that compromise while
    maintaining the ability for regulators to react in the rare event
    that an abnormal base fuel is imported or entered into a marketplace
    and the gasoline blended with ethanol results in a blend that
    possesses unacceptable volatility characteristics that would result
    in vehicle operability issues. The proposed revision seeks to build
    a bridge to the time when ethanol blends may become the default fuel
    in a market place. At such time, it is likely that refiners will
    provide BOBs to those markets, and the resulting fuel would then be
    expected to meet ASTM standards. Finally, changes in the ASTM
    standards since the original regulation was passed also support a
    change in the model regulation. ASTM now allows a minimum T50
    Distillation point of 150 ºF for gasoline in volatility Classes D
    and E. It is generally accepted that if ethanol were blended with a
    base gasoline with a T50 of 150 ºF, the final blend would very
    possibly be problematic.

> **Recommendation:** Amend Section 2.1 of the Uniform Engine Fuel,
> Petroleum Products, and Automotive Lubricants Regulation by replacing
> the current text with the following:
>
> **[2.1.  Gasoline and Gasoline-Oxygenate Blends. -- (as defined in
> this regulation) shall meet the most recent version of ASTM D4814
> "Standard Specification for Automotive Spark Ignition Engine Fuel"
> except for ethanol blends as provided below and be consistent with
> state and federal laws and regulations.]{.underline}**
>
> **[2.1.1.  When finished gasoline is used as the base gasoline for
> blending, the base gasoline used in such blends shall meet the
> requirements of ASTM D4814 and the ethanol shall meet the requirements
> of ASTM D4806. The finished blend shall meet ASTM D4814 with the
> following permissible exceptions:]{.underline}**
>
> **[2.1.1.1.  The distillation minimum temperature at the 50 volume
> percent evaporated point shall not be less than 66 °C
> (150 ºF).]{.underline}**
>
> **[2.1.1.2.  The Minimum Temperature for a Vapor/Liquid Ratio of 20
> shall be as follows for the applicable vapor lock protection
> class:]{.underline}**
>
> **[Class 1 shall be 51.5 °C (125 °F)]{.underline}**
>
> **[Class 2 shall be 49.0 °C (120 °F)]{.underline}**
>
> **[Class 3 shall be 45.0 °C (113 °F)]{.underline}**
>
> **[Class 4 shall be 41.5 °C (107 °F)]{.underline}**
>
> **[Class 5 shall be 37.0 °C (99 °F)]{.underline}**
>
> **[Class 6 shall be 35.0 °C (95 °F)]{.underline}**
>
> **[2.1.1.3.  The maximum vapor pressure shall not exceed the D4814
> limits by more than 1.0 psi for:]{.underline}**
>
> **[(a) Only 10 % ethanol by volume blends (9 % minimum -- 10 %
> maximum) from June 1 through September 15.]{.underline}**
>
> **[(b) All blends of up to 10 % ethanol by volume from September 16
> through May 31.]{.underline}**
>
> **[2.1.2.  When blend stock for ethanol blending is used, or when an
> ethanol blend is created with various refinery streams, the final
> blend shall meet the requirements of D4814 except that the vapor
> pressure requirements of 2.1.1.3. are permissible.]{.underline}**
>
> **[2.1.3.  Blends of gasoline and ethanol shall contain no more than
> 10 volume percent ethanol.]{.underline}**

The Chairman of the Fuel and Lubricants Subcommittee is Ron Hayes,
Missouri, who can be contacted at (573) 751‑2922 or at
ron.hayes@mda.mo.gov.

###### 250 INTERPRETATIONS AND GUIDELINES

####### 250-1 V 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) (See
Item 270‑6 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

**Proposal:** Amend Handbook 130 Interpretations and Guidelines
Section 2.3.2. Fresh Fruits and Vegetables 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.

**Committee Action at the 2008 Interim Meeting:**

The Committee had requested that any comments from the regional meetings
be submitted prior to November 1, 2007. No comments were submitted by
the regions; however, at the Interim Meeting, the charts were reviewed
and minor modifications were made (i.e., added "grape tomato"). The
Committee agreed that this item shall be submitted for NCWM adoption at
the Annual Meeting.

**Background:** At its 2006 Interim Meeting, the CWMA heard a comment
that this item should be moved to Informational for a year. The body of
the guidelines should be circulated within the CWMA before becoming a
Voting item. The WWMA L&R Committee received no comments regarding this
item. The Committee chairman encouraged all to provide input on this
item to the NCWM L&R Committee.

At the 2007 Interim and Annual Meetings, the Committee carried this item
over as Informational to reconsider when comments are received from the
regional associations, retailers, and other industries affected by the
proposed amendments. The Committee realized the proposed replacement
table had previously been omitted from this item. That oversight has
been corrected in this report (see next page). At the 2007 Annual
Meeting, concerns were raised that permitting quart sales of some fruits
and vegetables would not be useful or practical and the Committee should
reconsider that provision of the table.

The Committee requested this item be considered at all upcoming regional
meetings and that comments be submitted prior to November 1, 2007, for
inclusion and review at the Interim Meeting in January 2008.

**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 requested an opportunity to review and respond to this
proposal. The Committee believed there were several factual errors
within the classifications of produce provided, and several types of
produce still were not covered by the provided proposal. The Committee
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.

Recommendation: Adopt the revised Section 2.3.2. Fresh Fruits and
Vegetables for inclusion in NIST Handbook 130 -- Section VI: NCWM
Policy, Interpretations, and Guidelines as presented beginning on the
next page:27

**2.3.2.  Fresh Fruits and Vegetables**

(Added 1979, Amended 1980, 1982, and **[2008]{.underline}**)

**[This guideline applies to all sales of fruits and vegetables. There
are two tables, one for specific commodities and one for general
commodity groups. Search the specific list first to find those
commodities that either don\'t fit into any of the general groups or
have unique methods of sale. If the item is not listed, find the general
group in the second table. The item may be sold by any method of sale
marked with an X.]{.underline}**

+---------------------------+------+-----+-----+-------+-------------+
| **[Method of Retail Sale  |      |     |     |       |             |
| for Fresh Fruits and      |      |     |     |       |             |
| Vegetables]{.underline}** |      |     |     |       |             |
|                           |      |     |     |       |             |
| **[Specific               |      |     |     |       |             |
| Commodity]{.underline}**  |      |     |     |       |             |
+===========================+======+=====+=====+=======+=============+
| **                        | **[W | **  | *   | *     | **[Dry      |
| [Commodity]{.underline}** | eigh | [Co | *[H | *[Dry | Measure     |
|                           | t]{. | unt | ead | Me    | (1 dry qt   |
|                           | unde | ]{. | or  | asure | or          |
|                           | rlin | und | Bu  | (any  | larger)]{.u |
|                           | e}** | erl | nch | size) | nderline}** |
|                           |      | ine | ]{. | ]{.un |             |
|                           |      | }** | und | derli |             |
|                           |      |     | erl | ne}** |             |
|                           |      |     | ine |       |             |
|                           |      |     | }** |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[                       | **[  | *   |     |       |             |
| Artichokes]{.underline}** | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **                        | **[  |     | *   |       |             |
| [Asparagus]{.underline}** | X]{. |     | *[X |       |             |
|                           | unde |     | ]{. |       |             |
|                           | rlin |     | und |       |             |
|                           | e}** |     | erl |       |             |
|                           |      |     | ine |       |             |
|                           |      |     | }** |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| *                         |      | *   |     |       |             |
| *[Avocados]{.underline}** |      | *[X |     |       |             |
|                           |      | ]{. |     |       |             |
|                           |      | und |     |       |             |
|                           |      | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Bananas]{.underline}** | **[  | *   |     |       |             |
|                           | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Beans (green, yellow,  | **[  |     |     |       | **[X]{.u    |
| etc.)]{.underline}**      | X]{. |     |     |       | nderline}** |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Brussels Sprouts       | **[  |     |     |       |             |
| (loose)]{.underline}**    | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Brussels Sprouts (on   |      |     | *   |       |             |
| stalk)]{.underline}**     |      |     | *[X |       |             |
|                           |      |     | ]{. |       |             |
|                           |      |     | und |       |             |
|                           |      |     | erl |       |             |
|                           |      |     | ine |       |             |
|                           |      |     | }** |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| *                         | **[  |     |     | **[X  | **[X]{.u    |
| *[Cherries]{.underline}** | X]{. |     |     | ]{.un | nderline}** |
|                           | unde |     |     | derli |             |
|                           | rlin |     |     | ne}** |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| *                         | **[  | *   |     |       |             |
| *[Coconuts]{.underline}** | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Corn on the            |      | *   |     |       | **[X]{.u    |
| Cob]{.underline}**        |      | *[X |     |       | nderline}** |
|                           |      | ]{. |     |       |             |
|                           |      | und |     |       |             |
|                           |      | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Dates]{.underline}**   | **[  |     |     |       |             |
|                           | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| *                         | **[  | *   |     |       |             |
| *[Eggplant]{.underline}** | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Figs]{.underline}**    | **[  |     |     |       |             |
|                           | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Grapes]{.underline}**  | **[  |     |     |       |             |
|                           | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Melons (cut in         | **[  |     |     |       |             |
| pieces)]{.underline}**    | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Mushrooms              | **[  |     |     | **[X  | **[X]{.u    |
| (small)]{.underline}**    | X]{. |     |     | ]{.un | nderline}** |
|                           | unde |     |     | derli |             |
|                           | rlin |     |     | ne}** |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Mushrooms (Portobello, | **[  | *   |     |       |             |
| large)]{.underline}**     | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Okra]{.underline}**    | **[  |     |     |       |             |
|                           | X]{. |     |     |       |             |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Peas]{.underline}**    | **[  |     |     |       | **[X]{.u    |
|                           | X]{. |     |     |       | nderline}** |
|                           | unde |     |     |       |             |
|                           | rlin |     |     |       |             |
|                           | e}** |     |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Peppers (bell and      | **[  | *   |     |       | **[X]{.u    |
| other                     | X]{. | *[X |     |       | nderline}** |
| varieties)]{.underline}** | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[                       | **[  | *   |     |       |             |
| Pineapples]{.underline}** | X]{. | *[X |     |       |             |
|                           | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Rhubarb]{.underline}** | **[  |     | *   |       |             |
|                           | X]{. |     | *[X |       |             |
|                           | unde |     | ]{. |       |             |
|                           | rlin |     | und |       |             |
|                           | e}** |     | erl |       |             |
|                           |      |     | ine |       |             |
|                           |      |     | }** |       |             |
+---------------------------+------+-----+-----+-------+-------------+
| **[Tomatoes (except       | **[  | *   |     |       | **[X]{.u    |
| che                       | X]{. | *[X |     |       | nderline}** |
| rry/grape)]{.underline}** | unde | ]{. |     |       |             |
|                           | rlin | und |     |       |             |
|                           | e}** | erl |     |       |             |
|                           |      | ine |     |       |             |
|                           |      | }** |     |       |             |
+---------------------------+------+-----+-----+-------+-------------+

+---------------------------------+------+-----+-----+-------+--------+
| **[Method of Retail Sale for    |      |     |     |       |        |
| Fresh Fruits and Vegetables\    |      |     |     |       |        |
| General Commodity               |      |     |     |       |        |
| Groups]{.underline}**           |      |     |     |       |        |
+=================================+======+=====+=====+=======+========+
| **[Commodity]{.underline}**     | **[W | **  | *   | *     | **[Dry |
|                                 | eigh | [Co | *[H | *[Dry | M      |
|                                 | t]{. | unt | ead | ]{.un | easure |
|                                 | unde | ]{. | ]{. | derli | (1 dry |
|                                 | rlin | und | und | ne}** | qt or  |
|                                 | e}** | erl | erl |       | larg   |
|                                 |      | ine | ine | **[Me | er)]{. |
|                                 |      | }** | }** | asure | underl |
|                                 |      |     |     | ]{.un | ine}** |
|                                 |      |     | **  | derli |        |
|                                 |      |     | [or | ne}** |        |
|                                 |      |     | ]{. |       |        |
|                                 |      |     | und | **    |        |
|                                 |      |     | erl | [(any |        |
|                                 |      |     | ine | size) |        |
|                                 |      |     | }** | ]{.un |        |
|                                 |      |     |     | derli |        |
|                                 |      |     | **  | ne}** |        |
|                                 |      |     | [Bu |       |        |
|                                 |      |     | nch |       |        |
|                                 |      |     | ]{. |       |        |
|                                 |      |     | und |       |        |
|                                 |      |     | erl |       |        |
|                                 |      |     | ine |       |        |
|                                 |      |     | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Berries and Cherry/Grape     | **[  |     |     | **[X  |        |
| Tomatoes]{.underline}**         | X]{. |     |     | ]{.un |        |
|                                 | unde |     |     | derli |        |
|                                 | rlin |     |     | ne}** |        |
|                                 | e}** |     |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Citrus Fruits (oranges,      | **[  | *   |     |       | *      |
| grapefruits, lemons,            | X]{. | *[X |     |       | *[X]{. |
| etc.)]{.underline}**            | unde | ]{. |     |       | underl |
|                                 | rlin | und |     |       | ine}** |
|                                 | e}** | erl |     |       |        |
|                                 |      | ine |     |       |        |
|                                 |      | }** |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Edible Bulbs (onions,        | **[  | *   | *   |       | *      |
| garlic, leeks,                  | X]{. | *[X | *[X |       | *[X]{. |
| etc.)]{.underline}**            | unde | ]{. | ]{. |       | underl |
|                                 | rlin | und | und |       | ine}** |
|                                 | e}** | erl | erl |       |        |
|                                 |      | ine | ine |       |        |
|                                 |      | }** | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Edible Tubers (Irish         | **[  |     |     |       | *      |
| potatoes, sweet potatoes,       | X]{. |     |     |       | *[X]{. |
| ginger, horseradish,            | unde |     |     |       | underl |
| etc.)]{.underline}**            | rlin |     |     |       | ine}** |
|                                 | e}** |     |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Flower Vegetables (broccoli, | **[  |     | *   |       |        |
| cauliflower, Brussels sprouts,  | X]{. |     | *[X |       |        |
| etc.)]{.underline}**            | unde |     | ]{. |       |        |
|                                 | rlin |     | und |       |        |
|                                 | e}** |     | erl |       |        |
|                                 |      |     | ine |       |        |
|                                 |      |     | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Gourd Vegetables (cucumbers, | **[  | *   |     |       | *      |
| squash, melons,                 | X]{. | *[X |     |       | *[X]{. |
| etc.)]{.underline}**            | unde | ]{. |     |       | underl |
|                                 | rlin | und |     |       | ine}** |
|                                 | e}** | erl |     |       |        |
|                                 |      | ine |     |       |        |
|                                 |      | }** |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Leaf Vegetables (lettuce,    | **[  |     | *   |       |        |
| cabbage, celery,                | X]{. |     | *[X |       |        |
| etc.)]{.underline}**            | unde |     | ]{. |       |        |
|                                 | rlin |     | und |       |        |
|                                 | e}** |     | erl |       |        |
|                                 |      |     | ine |       |        |
|                                 |      |     | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Leaf Vegetables (parsley,    | **[  |     | *   | **[X  |        |
| herbs, loose                    | X]{. |     | *[X | ]{.un |        |
| greens)]{.underline}**          | unde |     | ]{. | derli |        |
|                                 | rlin |     | und | ne}** |        |
|                                 | e}** |     | erl |       |        |
|                                 |      |     | ine |       |        |
|                                 |      |     | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Pitted Fruits (peaches,      | **[  | *   |     |       | *      |
| plums, prunes,                  | X]{. | *[X |     |       | *[X]{. |
| etc.)]{.underline}**            | unde | ]{. |     |       | underl |
|                                 | rlin | und |     |       | ine}** |
|                                 | e}** | erl |     |       |        |
|                                 |      | ine |     |       |        |
|                                 |      | }** |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Pome Fruits (apples, pears,  | **[  | *   |     |       | *      |
| mangoes, etc.)]{.underline}**   | X]{. | *[X |     |       | *[X]{. |
|                                 | unde | ]{. |     |       | underl |
|                                 | rlin | und |     |       | ine}** |
|                                 | e}** | erl |     |       |        |
|                                 |      | ine |     |       |        |
|                                 |      | }** |     |       |        |
+---------------------------------+------+-----+-----+-------+--------+
| **[Root Vegetables (turnips,    | **[  |     | *   |       |        |
| carrots, radishes,              | X]{. |     | *[X |       |        |
| etc.)]{.underline}**            | unde |     | ]{. |       |        |
|                                 | rlin |     | und |       |        |
|                                 | e}** |     | erl |       |        |
|                                 |      |     | ine |       |        |
|                                 |      |     | }** |       |        |
+---------------------------------+------+-----+-----+-------+--------+

**Comparison of Current and Proposed Tables**

The following comparison was prepared for the NCWM Laws and Regulations
Committee at the request of the Central Weights and Measures
Association. It compares the current Guideline for the Method of Sale of
Fresh Fruits and Vegetables in Section 2.3.2. of the Interpretations and
Guidelines section of NIST Handbook 130 with the changes proposed in
Item 270-6. A table which lists the commodities included in the current
guideline but which do not appear in the Specific or General Tables is
also provided.

> **Comparison Tables**

**Key to Tables:**

[Green rows]{.mark} (dark gray) indicate there is NO change between the
current and proposed guideline (i.e., see the row for Artichokes in the
Comparison Table).

[Yellow rows]{.mark} (light gray) indicate there is a change between the
current and proposed guideline (i.e., see "Dry Measure (1 dry qt or
larger)" in the header row of the Comparison Table and the cell under
the header for Count in the row for "Bananas.")

Explanations of the differences or questions to be resolved are provided
in the numbered footnotes which are located at the bottom of the table.

+-----------------------------+------+----+----+------+-------------+
| **[Specific                 | **[W | *  | *  | **   | **[Dry      |
| Commodity]{.underline}**    | eigh | *[ | *[ | [Dry | Measure]{.u |
|                             | t]{. | Co | He | Mea  | nderline}** |
|                             | unde | un | ad | sure |             |
|                             | rlin | t] | or | (any | **[(1 dry   |
|                             | e}** | {. | Bu | size | qt or       |
|                             |      | un | nc | )]{. | lar         |
|                             |      | de | h] | unde | ger)^1^]{.u |
|                             |      | rl | {. | rlin | nderline}** |
|                             |      | in | un | e}** |             |
|                             |      | e} | de |      |             |
|                             |      | ** | rl |      |             |
|                             |      |    | in |      |             |
|                             |      |    | e} |      |             |
|                             |      |    | ** |      |             |
+-----------------------------+------+----+----+------+-------------+
| *                           | **[  | *  |    |      |             |
| *[Artichokes]{.underline}** | X]{. | *[ |    |      |             |
|                             | unde | X] |    |      |             |
|                             | rlin | {. |    |      |             |
|                             | e}** | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Asparagus]{.underline}** | **[  |    | *  |      |             |
|                             | X]{. |    | *[ |      |             |
|                             | unde |    | X] |      |             |
|                             | rlin |    | {. |      |             |
|                             | e}** |    | un |      |             |
|                             |      |    | de |      |             |
|                             |      |    | rl |      |             |
|                             |      |    | in |      |             |
|                             |      |    | e} |      |             |
|                             |      |    | ** |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Avocados]{.underline}**  |      | *  |    |      |             |
|                             |      | *[ |    |      |             |
|                             |      | X] |    |      |             |
|                             |      | {. |    |      |             |
|                             |      | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| *                           | **[  | ** |    |      |             |
| *[Bananas^2^]{.underline}** | X]{. | [X |    |      |             |
|                             | unde | ^2 |    |      |             |
|                             | rlin | ^] |    |      |             |
|                             | e}** | {. |    |      |             |
|                             |      | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Beans (green, yellow,    | **[  |    |    |      | **[X]{.u    |
| etc.)]{.underline}**        | X]{. |    |    |      | nderline}** |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Brussels Sprouts         | **   |    |    |      |             |
| (loose)^3^]{.underline}**   | [X^3 |    |    |      |             |
|                             | ^]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Brussels Sprouts (on     |      |    | ** |      |             |
| stalk)^4^]{.underline}**    |      |    | [X |      |             |
|                             |      |    | ^4 |      |             |
|                             |      |    | ^] |      |             |
|                             |      |    | {. |      |             |
|                             |      |    | un |      |             |
|                             |      |    | de |      |             |
|                             |      |    | rl |      |             |
|                             |      |    | in |      |             |
|                             |      |    | e} |      |             |
|                             |      |    | ** |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[C                        | **[  |    |    | **   | **[X^6^]{.u |
| herries^5,6^]{.underline}** | X]{. |    |    | [X^6 | nderline}** |
|                             | unde |    |    | ^]{. |             |
|                             | rlin |    |    | unde |             |
|                             | e}** |    |    | rlin |             |
|                             |      |    |    | e}** |             |
+-----------------------------+------+----+----+------+-------------+
| **[Coconuts]{.underline}**  | **[  | *  |    |      |             |
|                             | X]{. | *[ |    |      |             |
|                             | unde | X] |    |      |             |
|                             | rlin | {. |    |      |             |
|                             | e}** | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Corn on the              |      | *  |    |      | **[X]{.u    |
| Cob]{.underline}**          |      | *[ |    |      | nderline}** |
|                             |      | X] |    |      |             |
|                             |      | {. |    |      |             |
|                             |      | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Dates]{.underline}**     | **[  |    |    |      |             |
|                             | X]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Eggplant]{.underline}**  | **[  | *  |    |      |             |
|                             | X]{. | *[ |    |      |             |
|                             | unde | X] |    |      |             |
|                             | rlin | {. |    |      |             |
|                             | e}** | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Figs]{.underline}**      | **[  |    |    |      |             |
|                             | X]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Grapes]{.underline}**    | **[  |    |    |      |             |
|                             | X]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Melons (cut in           | **[  |    |    |      |             |
| pieces)]{.underline}**      | X]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Mushrooms                | **[  |    |    | **   | **[X^6^]{.u |
| (small)^6,7^]{.underline}** | X]{. |    |    | [X^6 | nderline}** |
|                             | unde |    |    | ^]{. |             |
|                             | rlin |    |    | unde |             |
|                             | e}** |    |    | rlin |             |
|                             |      |    |    | e}** |             |
+-----------------------------+------+----+----+------+-------------+
| **[Mushrooms (Portobello,   | **[  | ** |    |      |             |
| large)^7^]{.underline}**    | X]{. | [X |    |      |             |
|                             | unde | ^7 |    |      |             |
|                             | rlin | ^] |    |      |             |
|                             | e}** | {. |    |      |             |
|                             |      | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Okra]{.underline}**      | **[  |    |    |      |             |
|                             | X]{. |    |    |      |             |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Peas^8^]{.underline}**   | **[  |    |    |      | **[X^8^]{.u |
|                             | X]{. |    |    |      | nderline}** |
|                             | unde |    |    |      |             |
|                             | rlin |    |    |      |             |
|                             | e}** |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Peppers (bell and other  | **[  | *  |    |      | **[X^9^]{.u |
| v                           | X]{. | *[ |    |      | nderline}** |
| arieties)^9^]{.underline}** | unde | X] |    |      |             |
|                             | rlin | {. |    |      |             |
|                             | e}** | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| *                           | **[  | *  |    |      |             |
| *[Pineapples]{.underline}** | X]{. | *[ |    |      |             |
|                             | unde | X] |    |      |             |
|                             | rlin | {. |    |      |             |
|                             | e}** | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| **                          | **[  |    | *  |      |             |
| [Rhubarb^10^]{.underline}** | X]{. |    | *[ |      |             |
|                             | unde |    | X^ |      |             |
|                             | rlin |    | 10 |      |             |
|                             | e}** |    | ^] |      |             |
|                             |      |    | {. |      |             |
|                             |      |    | un |      |             |
|                             |      |    | de |      |             |
|                             |      |    | rl |      |             |
|                             |      |    | in |      |             |
|                             |      |    | e} |      |             |
|                             |      |    | ** |      |             |
+-----------------------------+------+----+----+------+-------------+
| **[Tomatoes (except         | **[  | *  |    |      | **[X]{.u    |
| cherr                       | X]{. | *[ |    |      | nderline}** |
| y/grape)^11^]{.underline}** | unde | X^ |    |      |             |
|                             | rlin | 11 |    |      |             |
|                             | e}** | ^] |    |      |             |
|                             |      | {. |    |      |             |
|                             |      | un |    |      |             |
|                             |      | de |    |      |             |
|                             |      | rl |    |      |             |
|                             |      | in |    |      |             |
|                             |      | e} |    |      |             |
|                             |      | ** |    |      |             |
+-----------------------------+------+----+----+------+-------------+
| This amendment changes the  |      |    |    |      |             |
| minimum dry measure from    |      |    |    |      |             |
| 1 peck to 1 dry quart. The  |      |    |    |      |             |
| equivalents are: one peck = |      |    |    |      |             |
| 16 dry pints, 8 dry quarts, |      |    |    |      |             |
| ¼ bushel, or 8.810 L.       |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^2^ The current guideline   |      |    |    |      |             |
| forbids sales of bananas by |      |    |    |      |             |
| count (only by weight).     |      |    |    |      |             |
| However, the NCWM permits   |      |    |    |      |             |
| individual bananas to be    |      |    |    |      |             |
| sold under the Ready-to-Eat |      |    |    |      |             |
| Food exception in           |      |    |    |      |             |
| Section 1.12. in the Method |      |    |    |      |             |
| of Sale of Commodities      |      |    |    |      |             |
| Regulation.                 |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^3^ The current guideline   |      |    |    |      |             |
| addresses Brussels sprouts  |      |    |    |      |             |
| and does not include the    |      |    |    |      |             |
| "loose" distinction.        |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^4^ This is a new MOS for   |      |    |    |      |             |
| Brussels sprouts on         |      |    |    |      |             |
| "stalks" so there is        |      |    |    |      |             |
| nothing in the current      |      |    |    |      |             |
| method of sale to compare   |      |    |    |      |             |
| this with except that the   |      |    |    |      |             |
| current provision requires  |      |    |    |      |             |
| Brussels sprouts to be sold |      |    |    |      |             |
| by weight.                  |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^5^ The reference to        |      |    |    |      |             |
| Section 4.46. Berry Baskets |      |    |    |      |             |
| and Boxes Code in NIST      |      |    |    |      |             |
| Handbook 44 has been        |      |    |    |      |             |
| deleted.                    |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^6^ If a dry measure of     |      |    |    |      |             |
| "any size" is ok in         |      |    |    |      |             |
| column 3, is an X correct   |      |    |    |      |             |
| in the 4^th^ column which   |      |    |    |      |             |
| limits sales to 1 dry quart |      |    |    |      |             |
| or larger?                  |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^7^ This proposal           |      |    |    |      |             |
| distinguishes mushrooms by  |      |    |    |      |             |
| size between "small" and    |      |    |    |      |             |
| "large (Portobello)" and    |      |    |    |      |             |
| introduces the method of    |      |    |    |      |             |
| sale by count for "large"   |      |    |    |      |             |
| mushrooms which is not      |      |    |    |      |             |
| permitted in the current    |      |    |    |      |             |
| guideline (only by weight   |      |    |    |      |             |
| or measure).                |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^8^ The current guideline   |      |    |    |      |             |
| does not allow sales of     |      |    |    |      |             |
| peas by "dry measure" (only |      |    |    |      |             |
| by weight).                 |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^9^ The current guideline   |      |    |    |      |             |
| does not allow sales        |      |    |    |      |             |
| peppers by "dry measure"    |      |    |    |      |             |
| (only by weight or count).  |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^10^ The current guideline  |      |    |    |      |             |
| does not allow sales of     |      |    |    |      |             |
| rhubarb by "head or bunch"  |      |    |    |      |             |
| (only by weight).           |      |    |    |      |             |
|                             |      |    |    |      |             |
| ^11^ The current guideline  |      |    |    |      |             |
| does not allow sales of     |      |    |    |      |             |
| tomatoes by "count" (only   |      |    |    |      |             |
| by weight and dry measure). |      |    |    |      |             |
+-----------------------------+------+----+----+------+-------------+

+----------------------------------+-----+----+-----+------+----------+
| **[General Commodity             | **[ | *  | *   | *    | **[Dry   |
| Group^26^]{.underline}**         | Wei | *[ | *[H | *[Dr | Measure  |
|                                  | ght | Co | ead | y]{. | (1 dry   |
|                                  | ]{. | un | ]{. | unde | qt or    |
|                                  | und | t] | und | rlin | larger   |
|                                  | erl | {. | erl | e}** | )]{.unde |
|                                  | ine | un | ine |      | rline}** |
|                                  | }** | de | }** | *    |          |
|                                  |     | rl |     | *[Me |          |
|                                  |     | in | **  | asur |          |
|                                  |     | e} | [or | e]{. |          |
|                                  |     | ** | ]{. | unde |          |
|                                  |     |    | und | rlin |          |
|                                  |     |    | erl | e}** |          |
|                                  |     |    | ine |      |          |
|                                  |     |    | }** | **[  |          |
|                                  |     |    |     | (any |          |
|                                  |     |    | **  | size |          |
|                                  |     |    | [Bu | )]{. |          |
|                                  |     |    | nch | unde |          |
|                                  |     |    | ]{. | rlin |          |
|                                  |     |    | und | e}** |          |
|                                  |     |    | erl |      |          |
|                                  |     |    | ine |      |          |
|                                  |     |    | }** |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Berries^1^ and Cherry / Grape | *   |    |     | **[  |          |
| Tomatoes]{.underline}**          | *[X |    |     | X]{. |          |
|                                  | ]{. |    |     | unde |          |
|                                  | und |    |     | rlin |          |
|                                  | erl |    |     | e}** |          |
|                                  | ine |    |     |      |          |
|                                  | }** |    |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Citrus Fruits (oranges^2^,    | *   | *  |     |      | **       |
| grapefruits^3^, lemons^4^,       | *[X | *[ |     |      | [X^2,3,4 |
| etc.)]{.underline}**             | ]{. | X] |     |      | ^]{.unde |
|                                  | und | {. |     |      | rline}** |
|                                  | erl | un |     |      |          |
|                                  | ine | de |     |      |          |
|                                  | }** | rl |     |      |          |
|                                  |     | in |     |      |          |
|                                  |     | e} |     |      |          |
|                                  |     | ** |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Edible Bulbs (onions^5,6^,    | *   | ** | *   |      | **       |
| garlic^7^, leeks^8^,             | *[X | [X | *[X |      | [X^5,6,8 |
| etc.)]{.underline}**             | ]{. | ^7 | ^7^ |      | ^]{.unde |
|                                  | und | ^] | ]{. |      | rline}** |
|                                  | erl | {. | und |      |          |
|                                  | ine | un | erl |      |          |
|                                  | }** | de | ine |      |          |
|                                  |     | rl | }** |      |          |
|                                  |     | in |     |      |          |
|                                  |     | e} |     |      |          |
|                                  |     | ** |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Edible Tubers (Irish          | *   |    |     |      | *        |
| potatoes^9^, sweet potatoes^10^, | *[X |    |     |      | *[X^9,10 |
| ginger^11^, horseradish^12^,     | ]{. |    |     |      | ^]{.unde |
| etc.)]{.underline}**             | und |    |     |      | rline}** |
|                                  | erl |    |     |      |          |
|                                  | ine |    |     |      |          |
|                                  | }** |    |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Flower Vegetables (broccoli,  | *   |    | *   |      |          |
| cauliflower, Brussels            | *[X |    | *[X |      |          |
| sprouts^13^,                     | ]{. |    | ]{. |      |          |
| etc.)]{.underline}**             | und |    | und |      |          |
|                                  | erl |    | erl |      |          |
|                                  | ine |    | ine |      |          |
|                                  | }** |    | }** |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Gourd Vegetables              | *   | *  |     |      | **[X^15  |
| (cucumbers^14^, squash^15^,      | *[X | *[ |     |      | ^]{.unde |
| melons^16^, etc.)]{.underline}** | ]{. | X] |     |      | rline}** |
|                                  | und | {. |     |      |          |
|                                  | erl | un |     |      |          |
|                                  | ine | de |     |      |          |
|                                  | }** | rl |     |      |          |
|                                  |     | in |     |      |          |
|                                  |     | e} |     |      |          |
|                                  |     | ** |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Leaf Vegetables (lettuce,     | *   |    | **  |      |          |
| cabbage^17^, celery^18^,         | *[X |    | [X^ |      |          |
| etc.)]{.underline}**             | ]{. |    | 17, |      |          |
|                                  | und |    | 18^ |      |          |
|                                  | erl |    | ]{. |      |          |
|                                  | ine |    | und |      |          |
|                                  | }** |    | erl |      |          |
|                                  |     |    | ine |      |          |
|                                  |     |    | }** |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Leaf Vegetables (parsley^19^, | *   |    | **  | **   |          |
| herbs^20^, loose                 | *[X |    | [X^ | [X^1 |          |
| greens^21^)]{.underline}**       | ]{. |    | 21^ | 9,21 |          |
|                                  | und |    | ]{. | ^]{. |          |
|                                  | erl |    | und | unde |          |
|                                  | ine |    | erl | rlin |          |
|                                  | }** |    | ine | e}** |          |
|                                  |     |    | }** |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Pitted Fruits (peaches,       | *   | *  |     |      | **[X^22  |
| plums^22^, prunes^23^,           | *[X | *[ |     |      | ^]{.unde |
| etc.)]{.underline}**             | ]{. | X^ |     |      | rline}** |
|                                  | und | 22 |     |      |          |
|                                  | erl | ^] |     |      |          |
|                                  | ine | {. |     |      |          |
|                                  | }** | un |     |      |          |
|                                  |     | de |     |      |          |
|                                  |     | rl |     |      |          |
|                                  |     | in |     |      |          |
|                                  |     | e} |     |      |          |
|                                  |     | ** |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Pome Fruits (apples, pears,   | *   | *  |     |      | **[X^24  |
| mangoes^24^,                     | *[X | *[ |     |      | ^]{.unde |
| etc.)]{.underline}**             | ]{. | X] |     |      | rline}** |
|                                  | und | {. |     |      |          |
|                                  | erl | un |     |      |          |
|                                  | ine | de |     |      |          |
|                                  | }** | rl |     |      |          |
|                                  |     | in |     |      |          |
|                                  |     | e} |     |      |          |
|                                  |     | ** |     |      |          |
+----------------------------------+-----+----+-----+------+----------+
| **[Root Vegetables (turnips,     | *   |    | **  |      |          |
| carrots, radishes^25^,           | *[X |    | [X^ |      |          |
| etc.)]{.underline}**             | ]{. |    | 25^ |      |          |
|                                  | und |    | ]{. |      |          |
|                                  | erl |    | und |      |          |
|                                  | ine |    | erl |      |          |
|                                  | }** |    | ine |      |          |
|                                  |     |    | }** |      |          |
+----------------------------------+-----+----+-----+------+----------+
| The reference to Section 4.46.   |     |    |     |      |          |
| Berry Baskets and Boxes Code in  |     |    |     |      |          |
| NIST Handbook 44 has been        |     |    |     |      |          |
| deleted.                         |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^2^ The current guideline does   |     |    |     |      |          |
| not allow sales of oranges by    |     |    |     |      |          |
| "dry measure" (only by weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^3^ The current guideline does   |     |    |     |      |          |
| not allow sales of grapefruit by |     |    |     |      |          |
| "dry measure" (only by weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^4^ The current guideline does   |     |    |     |      |          |
| not allow sales of lemons by     |     |    |     |      |          |
| "dry measure" (only by weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^5^ The current guideline does   |     |    |     |      |          |
| not allow sales of onions by     |     |    |     |      |          |
| "dry measure" (see 6).           |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^6^ The current guideline allows |     |    |     |      |          |
| sales by weight or bunch for     |     |    |     |      |          |
| "spring or green" onions and     |     |    |     |      |          |
| sales by "weight" for dry        |     |    |     |      |          |
| onions.                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^7^ The current guideline does   |     |    |     |      |          |
| not permit sales of garlic by    |     |    |     |      |          |
| "dry measure" (only by weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^8^ The current guideline does   |     |    |     |      |          |
| not allow sales of leeks by      |     |    |     |      |          |
| "count" or "dry measure" (only   |     |    |     |      |          |
| by weight).                      |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^9^ The current guideline does   |     |    |     |      |          |
| not allow sales of Irish         |     |    |     |      |          |
| potatoes by "dry measure" (only  |     |    |     |      |          |
| by weight).                      |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^10^ The current guideline does  |     |    |     |      |          |
| not allow sales of sweet         |     |    |     |      |          |
| potatoes by "dry measure" (only  |     |    |     |      |          |
| by weight).                      |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^11^ The current guideline does  |     |    |     |      |          |
| not include ginger.              |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^12^ The current guideline does  |     |    |     |      |          |
| not include horseradish.         |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^13^ Brussels sprouts are also   |     |    |     |      |          |
| in the Specific Commodity Table  |     |    |     |      |          |
| as "loose" and "on stalk."       |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^14^ The current guideline does  |     |    |     |      |          |
| not allow sales of cucumbers by  |     |    |     |      |          |
| "dry measure" (only by weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^15^ The current guideline does  |     |    |     |      |          |
| not include squash.              |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^16^ The current guideline does  |     |    |     |      |          |
| not allow sale of whole melons   |     |    |     |      |          |
| by "dry measure" (only weight or |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^17^ The current guideline does  |     |    |     |      |          |
| not allow sales by cabbage by    |     |    |     |      |          |
| "count" (only by weight).        |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^18^ The current guideline       |     |    |     |      |          |
| allows sales of celery by weight |     |    |     |      |          |
| or count so perhaps the          |     |    |     |      |          |
| Committee should decide whether  |     |    |     |      |          |
| or not "head or bunch" or        |     |    |     |      |          |
| "count" is the most appropriate  |     |    |     |      |          |
| descriptor.                      |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^19^ The current guideline does  |     |    |     |      |          |
| not allow sales of parsley by    |     |    |     |      |          |
| "dry measure" (only weight or    |     |    |     |      |          |
| bunch).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^20^ The current guideline does  |     |    |     |      |          |
| not include herbs.               |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^21^ The current guideline does  |     |    |     |      |          |
| not allow sales of "Greens       |     |    |     |      |          |
| (all)" by count or dry measure   |     |    |     |      |          |
| (only by weight).                |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^22^ The current guideline does  |     |    |     |      |          |
| not allow sales of plums by      |     |    |     |      |          |
| count (only by weight or dry     |     |    |     |      |          |
| measure).                        |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^23^ The current guideline does  |     |    |     |      |          |
| not allow sales of prunes by     |     |    |     |      |          |
| count or dry measure (only by    |     |    |     |      |          |
| weight).                         |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^24^ The current guideline does  |     |    |     |      |          |
| not allow sales of mangoes by    |     |    |     |      |          |
| dry measure (only by weight or   |     |    |     |      |          |
| count).                          |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^25^ The current guideline does  |     |    |     |      |          |
| not allow sales of radishes by   |     |    |     |      |          |
| "head or count" (only by         |     |    |     |      |          |
| weight).                         |     |    |     |      |          |
|                                  |     |    |     |      |          |
| ^26^ While many of these items   |     |    |     |      |          |
| may fall under the general       |     |    |     |      |          |
| categories listed above, it may  |     |    |     |      |          |
| improve uniformity and simplify  |     |    |     |      |          |
| the use of the table if all of   |     |    |     |      |          |
| the commodities were placed in a |     |    |     |      |          |
| general category instead of the  |     |    |     |      |          |
| table, saying for instance,      |     |    |     |      |          |
| "Edible Tubers, etc."            |     |    |     |      |          |
+----------------------------------+-----+----+-----+------+----------+

  -------------------------------- ---------------------------------------
  **[This table lists the          
  commodities that are in the      
  current method of sale           
  guidelines but which are not     
  specifically identified in the   
  proposed                         
  tables.\*]{.underline}**         

  **[Commodity]{.underline}**      **[Method of Sale]{.underline}**

  **[Apricots]{.underline}**       **[Weight]{.underline}**

  **[Beets]{.underline}**          **[Weight or Bunch]{.underline}**

  **[Cantaloupes]{.underline}**    **[Weight or Count]{.underline}**

  **[Cranberries]{.underline}**    **[Weight or Measure]{.underline}**

  **[Currants]{.underline}**       **[Weight or Measure]{.underline}**

  **[Eggplant]{.underline}**       **[Weight or Count]{.underline}**

  **[Escarole]{.underline}**       **[Weight or Bunch]{.underline}**

  **[Kale]{.underline}**           **[Weight]{.underline}**

  **[Kohlrabi]{.underline}**       **[Weight]{.underline}**

  **[Limes]{.underline}**          **[Weight or Count]{.underline}**

  **[Nectarines]{.underline}**     **[Weight or Count]{.underline}**

  **[Papaya]{.underline}**         **[Weight or Count]{.underline}**

  **[Parsnips]{.underline}**       **[Weight]{.underline}**

  **[Persimmons]{.underline}**     **[Weight or Count]{.underline}**

  **[Pomegranates]{.underline}**   **[Weight or Count]{.underline}**

  **[Rutabagas]{.underline}**      **[Weight]{.underline}**

  **[Spinach]{.underline}**        **[Weight or Bunch]{.underline}**

  **[Tangerines]{.underline}**     **[Weight or Count]{.underline}**

  \*While many of these items may  
  fall under the general           
  categories listed above it may   
  improve uniformity and simplify  
  the use of the table if all of   
  these commodities are placed in  
  a general category instead of    
  the table saying, for instance,  
  "Edible Tubers, etc."            
  -------------------------------- ---------------------------------------

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

**INTRODUCTION**

The 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 (WG).

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 WGs continue their work to develop fully each
proposal. Should an association, subcommittee, or WG 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 moved from the Developing items list to the Committee's
main agenda, refer to the new reference number in the main agenda.

####### 270-1 D Amend Section 2.2.1. in Handbook 130 Uniform Engine Fuels Regulation -- Premium Diesel Lubricity

**Source:** Southern Weights and Measures Association (SWMA) (See
Item 270-5 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

**Committee action at the 2008 Interim Meeting:** The Committee carried
this item over as a Developing item, and sent this proposal to the Fuel
and Lubricants Subcommittee (FALS) to request its recommendation on how
to proceed with the issue. The Subcommittee suggested this item remain
on the agenda as a Developing item until further notice

**Background:** A member of the petroleum industry believed the test and
associated tolerances for lubricity on premium diesel specified in
Section 2.2.1.(d) were inconsistent with that for regular diesel.
Effective January 1, 2005, the test tolerance for regular diesel
lubricity was the ASTM D6079 reproducibility of 136 m (see
ASTM D975‑04b). The NCWM chose to accept the ASTM reproducibility limits
for all diesel (D975) and gasoline (D4814) properties (see
Section 7.2.2., Reproducibility), but chose a different reproducibility
limit for premium diesel lubricity without providing any explanation as
to why the ASTM reproducibility limit was insufficient. If the NCWM
intended to impose a stricter lubricity requirement for premium diesel,
it should have designated a tighter specification for this property, not
a different test tolerance (e.g., for regular and premium gasoline,
premium has a different octane specification than for regular, but the
test tolerance is the same). ASTM reproducibility limits were, 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) reduced that probability to 80 %.

The Committee received comments from several members of the Premium
Diesel Work Group (WG) who did not support the item as presented by the
petroleum industry member. WG 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 WG members felt that knowledgeable
individuals provided input to the process, which led to the consensus
position contained in the current regulation. The work being done by the
WG 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 the NCWM.

Prior to the current 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 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.

WG members reported that when this regulation was written, fuels with
adequate lubricity provided a functional benefit to the end user. The WG
agreed with the ASTM Lubricity Task Force that 520 µm was the correct
limit to set for premium diesel. However, the WG'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 WG
believed they could not recommend a premium fuel standard that would
permit excessive pump wear. Using the statistical tools provided in
ASTM D3244, the WG 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 exceeded 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 the 2005 WWMA meeting, the Fuels and Lubricants Subcommittee
agreed the proposal was the best approach at that time, and lacking new
information, it continues to hold that position.

[]{.mark}

During the 2007 Interim Meeting~~:~~, the Committee carried this item
over as an Information item. The Committee sent this proposal to the
Subcommittee and requested its recommendation on how to proceed with the
issue. The Subcommittee suggested this item remain on the agenda as an
Information item until further notice and reported that the activities
of ASTM International and the Coordinating Research Council were
continuing.

**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 Fuels and Lubricants Subcommittee. The WWMA noted that the
NCWM L&R Committee forwarded the proposal for review by the Subcommittee
and agreed this item should remain Developmental pending its
recommendation.

At its 2006 Interim Meeting, the CWMA indicated the NCWM Fuel and
Lubricant Subcommittee would make recommendations after ASTM improved
the test method\'s precision and after the conclusion of other tests.
The CWMA L&R Committee was awaiting the recommendation from the
Subcommittee.

**Proposal:** Amend Section 2.2.1. Premium Diesel Fuel in Handbook 130
Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation. The following reflects the current text as it was modified
in 2003.

> **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 D613.
>
> \(b\) **Low Temperature Operability.** -- A cold flow performance
> measurement which meets the ASTM D975 tenth percentile minimum ambient
> air temperature charts and maps by either ASTM Standard Test
> Method D2500 (Cloud Point) or ASTM Standard Test Method D4539 (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 D6468 (180 min,
> 150 C).
>
> \(d\) **Lubricity.** -- A maximum wear scar diameter of 520 µm as
> determined by ASTM D6079. 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.

(Amended 2003)

For additional information please contact the Fuels and Lubricants
Subcommittee, Ron Hayes, Chairman, (573) 751‑2922 or
[[ron.hayes@mda.mo.gov]{.underline}](mailto:ron.hayes@mda.mo.gov) by
e‑mail.

####### 270-2 D Amend Handbook 133 Section 2.3, Moisture Allowances to Provide Clearer Guidance

(See Item 270‑7 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

This item was added to the agenda of the Committee's Work Group (WG) on
Moisture Loss (see Table B Appendix C) following the 2008 NCWM Interim
Meeting. Also, see Item 270‑3 for an explanation of the WG's role and
responsibilities and discussion on this item.

####### 270-3 D Laws and Regulations Committee Work Group (WG) on Moisture Loss

(See Item 270‑8 in the Report of the 92^nd^ Annual NCWM Meeting in 2006)

**Action at the 2008 Interim Meeting**: The Moisture Loss Work Group
(WG) met at the Interim Meeting. Because there was limited time for
discussion, it was decided that no changes to NIST Handbook 133 would be
recommended at this time. There were 25 representatives from state and
local weights and measures programs, packagers, and other stakeholders
in attendance. Since this was the first formal meeting of the WG, there
was an extensive discussion of the goals, objectives, and effort, and a
review of the history of the NCWM's efforts to address moisture loss
issues. After a lengthy discussion, it was agreed that there is a need
to develop informational materials to explain the average and individual
package requirements and moisture allowances in NIST Handbook 133 so
that handbook users can understand how to apply the statistical
allowances and moisture loss adjustments when conducting package
inspections. Also identified was the need to provide an explanation of
federal net quantity of contents requirements. It was agreed that NIST
WMD would draft a set of graphics that describe how the Sample Error
Limit and Moisture Allowance and other corrections are made in NIST
Handbook 133. NIST WMD will also prepare a compilation of laws and terms
related to net quantity of contents verification for use by the WG in
providing guidance to users of NIST Handbook 133 on allowing reasonable
variations. The WG will meet again at the NCWM Annual Meeting in
Burlington, Vermont, in July 2008.

An issue about NIST Handbook 133 raised during the WG discussion was
that the established moisture allowances listed in the handbook are not
shown in one location in the text. The following table was prepared by
NIST and may be considered for possible future inclusion in the handbook
at the next WG meeting. The new Table 1.3 Moisture Allowances would
bring all of the Moisture Allowance information together in one location
in HB 133. A sample of a USDA Seal of Inspection was provided because
NIST frequently receives inquiries from field officials asking what the
USDA seal looks like.

+-------------------+--------------------+-----------------------------+
| **Table 1.3       |                    |                             |
| Moisture          |                    |                             |
| Allowances**      |                    |                             |
+-------------------+--------------------+-----------------------------+
| **If you are      | **The Moisture     | **Notes**                   |
| verifying the net | Allowance is:**    |                             |
| weight of         |                    |                             |
| packages of:**    |                    |                             |
+-------------------+--------------------+-----------------------------+
| Flour             | 3 %                |                             |
+-------------------+--------------------+-----------------------------+
| Dry Pet Food      | 3 %                | Dry pet food means all      |
|                   |                    | extruded dog and cat foods  |
|                   |                    | and baked treats packaged   |
|                   |                    | in Kraft paper bags and/or  |
|                   |                    | cardboard boxes with a      |
|                   |                    | moisture content of 13 % or |
|                   |                    | less at time of pack.       |
+-------------------+--------------------+-----------------------------+
| Borax             | See Section 2.4    |                             |
+-------------------+--------------------+-----------------------------+
| **Wet Tare Only** |                    |                             |
+-------------------+--------------------+-----------------------------+
| **If you are      | **The Moisture     | ![](media/image1.jpeg){w    |
| using Wet Tare in | Allowance is:**    | idth="0.9895833333333334in" |
| verifying the net |                    | hei                         |
| weight of         |                    | ght="0.9986111111111111in"} |
| packages of one   |                    |                             |
| of the products   |                    | One example of a USDA Seal  |
| listed below that |                    | of Inspection. Seals may    |
| bear a USDA seal  |                    | vary by product.            |
| of inspection:**  |                    |                             |
+-------------------+--------------------+-----------------------------+
| Fresh poultry     | 3 %                | Fresh poultry is defined as |
|                   |                    | poultry at a temperature of |
|                   |                    | 3 °C (26 °F) that yields or |
|                   |                    | gives when pushed with the  |
|                   |                    | thumb.                      |
+-------------------+--------------------+-----------------------------+
| Franks or hotdogs | 2.5 %              |                             |
+-------------------+--------------------+-----------------------------+
| Bacon, Fresh      | 0 %                | If there is no free-flowing |
| sausage, and      |                    | liquid or absorbent         |
| Luncheon meats    |                    | materials in contact with   |
|                   |                    | the product and the package |
|                   |                    | is clean of clinging        |
|                   |                    | material.                   |
+-------------------+--------------------+-----------------------------+

**Background:** At the 2007 NCWM Interim Meeting, the Committee created
a WG to undertake a review of a number of moisture loss and other issues
relating to NIST Handbook 133 "Checking the Net Contents of Packaged
Goods." NIST recommended the NCWM L&R Committee retain responsibility
for this project instead of creating a task force because that would
entail additional travel and meeting expenses for all parties. The Board
of Directors and the Committee agreed with that proposal because a large
portion of this project can be accomplished using e‑mail and
teleconferences to reduce costs. The Committee also noted the number of
items on their agenda has declined making time available during the
Committee's work sessions to address this project. If additional
meetings are needed, they will be scheduled to coincide with the
regional meetings to reduce travel and other costs. Another
justification for this approach was that it allowed regional
representatives on the Committee to develop a greater understanding of
moisture loss and enabled them to better explain the subject matter to
their constituents.

Participation in this effort is open to all interested parties. The
first meeting took place on Sunday, July 8, 2007, following the
Committee's regular work session at the NCWM Annual Meeting. The first
major subject of discussion was the determination of tare using
gel-soaker pads. The participants agreed that information on the
appropriate test procedures for using gel soaker pads should be
distributed to weights and measures officials and industry following the
NCWM Annual Meeting. NIST agreed to publish an article in the upcoming
edition of WMD's newsletter. A discussion of that issue is contained in
Item 1 of Appendix C attached to this report. The group developed a
formal work plan and addressed additional items listed in Appendix C as
time allowed. To participate in this Work Group contact Lisa Warfield at
(301) 975‑3308, e-mail: <lisa.warfield@nist.gov> or Ken Butcher at
(301) 975‑4859, e-mail: <kbutcher@nist.gov>.

####### 270-4 D Fuels and Lubricants Subcommittee (FALS) (Formerly the Petroleum Subcommittee)

At the 2008 NCWM Interim Meeting the Committee changed the name of the
Petroleum Subcommittee to the Fuels and Lubricants Subcommittee (FALS).

**Committee Discussion at the 2008 Interim:** The Subcommittee prepared
and submitted a major revision of this regulation for consideration by
the Committee at the 2008 Interim Meeting. The Subcommittee also
conducted a review of the Engine Fuels, Petroleum Products, and
Automotive Lubricants Law and will prepare suggested changes for this
Uniform Law as well (see Item 223‑1).

**Background:** The Subcommittee had previously met on January 24, 2007,
at the 2007 NCWM Interim Meeting to undertake a review of a number of
significant issues related to fuel standards. Their first project was to
undertake a major review and update of the Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation in
Handbook 130. The Subcommittee also met at the 2007 Annual Meeting and
continued its work on a number of items in addition to preparing a major
revision of the Fuel Ethanol Labeling requirement in Item 232‑2.

An additional project will be to update and possibly expand the Basic
Engine Fuels, Petroleum Products, and Lubricants Laboratory Publication,
which will then be made available on the Internet. The Subcommittee will
undertake other projects as time and resources permit.

At the ASTM International meetings on December 5, 2007, in Phoenix,
Arizona, the Subcommittee met to finalize its work on a number of
projects that included a revision of the Uniform Engine Fuels Law and
Regulation. A teleconference was held immediately prior to the 2008
Interim Meeting. The Chairman of the Subcommittee is Ron Hayes,
Missouri, who can be contacted at (573) 751‑2922 or at
[[ron.hayes@mda.mo.gov]{.underline}](mailto:ron.hayes@mda.mo.gov). If
you would like to participate in this work contact Ron Hayes or Ken
Butcher at (301) 975‑4859, e‑mail: <kbutcher@nist.gov>.

Vicky Dempsey, Chairperson, Montgomery County, Ohio

Roger Macey, California

Stephen Benjamin, North Carolina

Joe Benavides, Texas

John Gaccione, New York

Ron Hayes, Missouri, Chairman of the Fuel and Lubricants Subcommittee

Pete O'Bryan, Foster Farms, Associate Member Representative

Doug Hutchinson, Canada, Technical Advisor

Ken Butcher, NIST, Technical Advisor

Lisa Warfield, NIST, Technical Advisor

**Laws and Regulations Committee**

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[^1]: ^^ *The National Conference on Weights and Measures is supported
    by the National Institute of Standards and Technology in partial
    implementation of its statutory responsibility for "cooperation with
    the states in securing uniformity in weights and measures laws and
    methods of inspection."*

[^2]: ^^ *The National Conference on Weights and Measures is supported
    by the National Institute of Standards and Technology in partial
    implementation of its statutory responsibility for "cooperation with
    the States in securing uniformity in weights and measures laws and
    methods of inspection."*

[^3]: