UNIFORM LAWS AND REGUL ATIONS  
In the area of legal metrology and engine fuel 
quality
 
United States  Department  of Commerce  
 
 
Technology Administration 
    
National Institute  of Standards  and Technology  
As adopted by the 9 9100th National Conference  
On Weights and Measures 20152016 
 
NIST Handboo k   2015 2016 
 
 
 
130 Markup Copy  
 
Agency No. 209.02 
 
Introduction   Handbook 130 –  20152016  
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Agency No. 209.02  
  
 
 
 
 
 
 
   
 
  
 
 
 
  
 
 
  
 
 
  
 
 
  
 
 
 
  
 
  
 
 
 
   
 
 
   
 Handbook 130 –  20152016  Introduction  
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Foreword  
 
  
This handbook compiles the latest Uniform Laws and Regulations and related interpretations and guidelines adopted 
by the National Conference on Weights and Measures, Inc. (NCWM).  At the 1983 Annual Meeting, the NCWM voted to change the title of Handbook 130 and the ti tle of the Laws and Regulations compiled in this handbook.  The 
former title of the handbook was “Model State Laws and Regulations.”  “Model State” was to be changed to 
“Uniform” in the title to reflect that these Laws and Regulations are (a) intended to b e standards rather than just 
guidelines, and (b)  intended for adoption by political subdivisions other than states when deemed appropriate.  
 
This edition includes amendments approved at the 99th100th NCWM Annual Meetings in 2014 2015.  The NCWM 
recommends a doption and promulgation by weights and measures jurisdictions of these Uniform Laws and 
Regulations as updated in this handbook.  
 
The National Institute of Standards and Technology (NIST) has athe statutory responsibility to promote 
“cooperation cooperate  with the states in securing uniformity of in weights and measures laws and methods of 
inspection.”  In partial fulfillment of this responsibility, the Institute is pleased to publish these recommendations of 
the NCWM.  
 
This handbook promotes the primary use  of the International System of Units (SI) by citing SI units before U.S. 
customary units where both units appear together, and by placing separate sections containing requirements for SI 
units before corresponding sections containing requirements for cust omary  units.  In some cases, however, trade 
practice is currently restricted to the use of customary units; therefore, some requirements in this handbook will 
continue to specify only customary units until the NCWM achieves a broad consensus on the permitt ed metric units.  
 
 
  
You are invited to provide online feedback regarding this document 
at:  https://www.surveymonkey.com/s/customer -satisfaction -pub or by e -mail to:  
owm@nist.gov.  
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   Handbook 130 –  20152016  Introduction  
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 Committee Members  
 
 
Committee on Laws and Regulations of the 99th100th Conference 
 
Judy Cardin, Wisconsin  
Raymond Johnson, New Mexico  
Richard Lewis,  Georgia  
Tim Lloyd, Montana  
John Albert, Missouri  
 Richard Lewis, Georgia  
Kristin Macey, California  
Louis Sakin, Towns of Hopkinton/Northbridge, Massachusetts  
 
Associate Membership Committee Representative:  Rob Underwood, Petroleum Marketers Association of 
AmericaSteve Grabski, Walmart Stores, Inc.  
Fuel and Lubricant Subcommittee:   Ron Hayes, Missouri  
Packaging and Labeling Subcommittee:  Christopher Guay, Procter and Gamble  
Canadian Technical Advisor:  Lance Robertson, Measurement Canada  
NIST Technical Advisors :  Lisa Warfield, David Sefcik  
NIST Technical Advisor on the Uniform Regulation for National Type Evaluation:  Tina Butcher  
 
  Introduction   Handbook 130 –  20152016  
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 Past Chairmen of the Committee  
  
Conference   
Chairman   
Conference   
Chairman   
  
  
  
  
41  
G. H. Leithauser, MD   
70  
E. Skluzacek , MN  
42  
F. M. Greene, CT  
71  
D. Stagg, AL   
43  
F. M. Greene, CT   
72  
A. Nelson, CT   
44  
G. L. Johnson, KY   
73  
K. Simila , OR  
45  
R. Williams, NY   
74  
K. Simila , OR  
46  
J. H. Lewis, WA   
75  
S. B. Colbrook , IL  
47  
J. H. Lewis, WA   
76  
A. Nelson, CT   
48  
J. H. Lewis, WA   
77  
B. Bloch, CA   
49  
J. H. Lewis, WA   
78  
F. Clem, OH   
50  
L. Barker, WV   
79  
B. Bloch, CA   
51  
L. Barker, WV   
80  
S. Rhoades, AZ  
52  
M. Jennings, TN   
81  
L. Straub, MD   
53  
W. A. Kerlin, CA   
82  
S. Millay, ME   
54  
J. F. Lyles, VA   
83  
K. Angell, WV   
55  
J. F. Lyles, VA   
84  
K. Angell, WV   
56  
S. D. Andrews, FL   
85  
S. Morrison, CA   
57  
S. D. Andrews, FL  86 R. Williams, TN   
58  
S. D. Andrews, FL  87 P. D’Errico, NJ   
59  
R. M. Leach, MI  88 D. Johannes, CA   
60  
R. L. Thompson, MD  89 D. Johannes, CA   
61  
C. H. Vincent, Dallas, TX  90 J. Gomez, NM   
62  
C. H. Vincent, Dallas, TX  91 J. Benavides, TX   
63  
J. T. Bennett, CT  92 J. Cassidy, MA  
64 R. W. Probst, WI  93 Vicky Dempsey, OH  
65 D. I. Offner, MO  94 Joe Gomez, NM  
66 J. J. Bartfai, NY  95 Joe Benavides, TX   
67  
J. J. Bartfai, NY  96 John Gaccione, NY   
68  
J. J. Bartfai, NY  97 Judy J. Cardin, WI   
69  
W. R. Mossberg, CA  98 Judy J. Cardin, WI    
99 R. Johnson, NM  
 
 
 
 
    
 
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 201516 Amendments  
 
 
The following table lists the laws and regulations amended by the 99th (2014 100th (2015) National Conference on 
Weights and Measures (NCWM).  As appropriate, the text on the cited pages indicates the changes to the law or 
regulation, section, or paragraph as “Added 201420 15” or “Amended 201420 15.”  Unless otherwise noted, the 
effective date of the regulations added or amended in 2014201 5 is January   1, 2015 2016. 
 
Law or Regulation  L&R  
Committee  
Item No.  Section  Action  Page  
Introduction  BOD 
120-8 A. Source; and 
C. Amendments  Amended  1 
D. Submission of Agenda Items – 
Preamble;  
E. Submission Process;  
F. Procedures;  
G. Criteria for Inclusion on the NCWM 
Committee’s Agenda;  
H. Exceptions to Policy for Submission 
of Items to a NCWM Committee 
Agenda; Submission of “Priority” Items; 
I. Committee Agenda;  
J. Interim Meeting;  
K. Interim Meeting Report;  
L. Classifications for Agenda Items;  
M. Comments on Interim Reports; and  
N. Annual Meeting  Deleted; 
remaining 
paragraphs 
reordered  1 to 3  
Uniform Packaging and 
Labeling Regulation  231-21 6.4. Terms:  Weight, Measure, Volume, 
or Count  Amended  61 
  6.5. SI Units:  Mass, Measure  Amended  62 
6.7. U.S. Customary  Units:  Weight, 
Measure  Amended  65 
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 201516 Editorial Changes 
 
Law or Regulation  Section  Action  Page  
Introduction  Form 15  Updated Form U.S. Customary .” 4 
II. Uniformity of Laws 
and Regulations  C. Summary of State Laws and Regulations in Weights and 
Measures (as of August 1, 
2014 2015)  Updated tables and tallies  
6 to 9 
IV. Uniform Regulations  A. Uniform Packaging and 
Labeling Regulation  11.25. Pillows , Cushions, Mattress 
Pads, Sleeping Bags, and Similar 
Products – updated the organization 
reference and web address.  84 
B. Uniform Regulation for the 
Method of Sale of Commodities  2.5.1. Declaration of Quantity – 
added “terms of” weight units . . . .  113 
C. Uniform Unit Pricing 
Regulation  1. Background  Added  a reference 
to NIST SP1181, “Unit Pricing 
Guide, A Best Practice Approach to 
Unit Pricing.” 11.25.  137 
 
G. Uniform Engine Fuels and 
Automotive Lubricants 
Regulation  2.10. Ethanol Flex Fuel – Corrected 
ASTM D57 8998 reference.  179 
2.2.1. Premium Diesel Fuel  
changed “microns” to 
“micrometers”.  180 
3.13.1.3. Engine Service Category – 
corrected omission of “ European 
Automobile Manufacturers 
Association (ACEA), “European 
Oil Sequences,”  186 
V. Examination 
Procedure and Price 
Verification   Replaced Price Verification Tally 
Sheet – Food Stores and Price 
Verification Tally Sheet – 
Department Stores  220 and 
221 
VI.  NCWM  Policy, 
Interpretations , and 
Guidelines   2.6.8. BATF  TTB (formerly 
known as  BATF ) – Updated  the  
reference.  256 
2.6.11. Good Quantity Control 
Practices – Item 6, Corrected the 
references to tables in NIST 
Handbook 133.  265 
   
 
 
 
 
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 I.  Introduction  
 
A. Source 
 
The Uniform Laws and Regulations1 in this handbook comprise all of those adopted by the National Conference on 
Weights and Measures, Inc. (NCWM) .  Contact NCWM at:  
 
1135 M Street, Suite 100  Phone:   (402) 434- 4880   E-mail:  infor@ncwm.net  
Lincoln, NE 68508   Fax: (402) 434- 4878   URL:  www.ncwm.net  
 
The NCWM is supported by the National Institute of Standards and Technology (NIST), which provides its 
Executive Secretary and publishes its documents.  NI ST also develops technical publications for use by weights and 
measures agencies; these publications may subsequently be endorsed or adopted by the NCWM.  
 
The NCWM Committee on Laws and Regulations (the Committee ), acting at the request of NCWM or upon its  own 
initiative, prepares with the technical assistance of the National Institute of Standards and Technology (NIST), 
proposed amendments or additions to the material adopted by NCWM (see Paragraph  C).  Such revisions, 
amendments , or additions are then pre sented to NCWM  as a whole where they are discussed by weights and 
measures officials and representatives of interested manufacturers, industries, consumer groups, and others.  
Eventually the proposals of the Committee, which may have been amended from those originally presented , are 
voted upon by the weights and measures officials , following the voting procedures in  the NCWM Bylaws .  A 
national consensus is required on all items adopted by the NCWM .  A Uniform Law or Regulation is adopted when 
a majorit y of the states’ representatives, and other voting delegates favoring such adoption, vote for approval.  
 
All of the Uniform Laws and Regulations g iven herein are recommended by N CWM for adoption by states when 
reviewing or amending their official laws and regulations in the areas covered.  A similar recommendation is made with regard to the local jurisdictions within a state in the absence of the promulgation of such laws and regulations at 
the state level.  
(Amended 2015)  
B. Purpose  
 
The purpose of these Uniform Laws and Regulations is to achieve, to the maximum extent possible, uniformity in 
weights and measures laws and regulations among the various states and local jurisdictions in order to facilitate 
trade between the states, permit fair competition amon g businesses, and provide uniform and sufficient protection to 
all consumers in commercial weights and measures practices.  
C. Amendments  
 
The Proposed a mendments to NIST Handbook 130 are deliberated and developed by NCWM’s Committee on Laws 
and Regulations  of NCWM serves as  a mechanism for consideration of amendments or additions before presentation  
to the Uniform Laws and Regulations.  
D. Submission of Agenda Items – Preamble  
 
NCWM Bylaws require general membership for vote.  In some instances amendments  that its officers and 
significantly affect other NIST Handbooks may be processed jointly by two or more committees  observe the 
principles of due process for the protection of the rights and interests of affected parties.  Specifically, it requires that  
                                                           
1 When referring to the Uniform Laws and Regulations in Handbook  130, Laws and Regulations will be capital ized.  
When referring to general federal or state laws and regulations, no capitalization will be used.  
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 the com mittees and officers:  (a) give reasonable advance notice of co ntemplated studies, items to be considered for 
action, and tentative or definite recommendations for conference vote, and (b)  provide that all interested parties have 
an opportunity to be heard.  
 
E. Submission Process  
 
Anyone introducing an item to the Committee must initially use the regional weights and measures associations to 
consider its merits.  Using the regional associations ensures discussion and evaluation of items at the grassroots level 
by involving the regional members in the development, evaluation, and justification of proposals.  The regions 
include the Central, Northeastern, Southern, and Western Weights and Measures Associations.  For information on 
the regional associations , visit www.ncwm.net .   
Amendments to the handbooks are made in accordance with NCWM procedures and policies.  The process begins at 
the regional weights and measures association meetings in the fall of each year and it is culminated at the NCWM 
Annual Meeting in July.  After passing through one or more of the regional associations, the proposed amendment is 
placed on the agenda of the appropriate NCWM committee for consideration at the NCWM’s Interim Meeting in 
January , and after final deliberation and development by the committee the amendment may be presented to the 
membership for a vote at the annual NCWM meeting in July.  NCWM policy provides for exceptions to the process 
to accommodate urgent or priority items.  NIST s taff provides technical assistance and advice throughout the 
process.  
 
The policy is available on the NCWM website at www.ncwm.net .  For information on the regional weights and 
measures associations, visit www.ncwm.net/resources/regional associations . 
 
To submit a proposal to a regional association, obtain Form 15: Proposal to Amend Handbooks  at www.ncwm.net  
or by contacting NCWM via e mail at info@ncwm.net.   Complete the form and submit it electronically in Microsoft 
Word format to NCWM at info@ncwm.net and copy the Executive Secretary at owm@nist.gov.   An example of the 
Form 15 template  is provided at the end of this section.  Instructions for completing the form are included with the 
electronic version of this template.  To ensure that your proposal is included on the regional meeting agenda, submit 
at least two weeks in advance of the fall regional meeting.   Regional meeting s chedules are available on the NCWM 
website.  
F. Procedures  
 
The NCWM Committee will consider items according to the following procedures:  
 
1. NCWM Committees receive new items from regional associations, National Type Evaluation Technical 
Committees (Sector s), task groups, and subcommittees  and as defined in Sections H and I .  All items to be 
considered by the Committee for action at the upcoming Interim Meeting must be submitted electronically 
in Microsoft  Word format to NCWM by November  1.   
 
2. NCWM will ensure that all committee members and technical advisors receive complete copies of all new 
items for consideration at the upcoming NCWM Interim Meeting . 
G. Criteria for Inclusion o n the NCWM Committee’s Agenda  
 
1. Any item approved by at least one regional association and received by the November  1 deadline will be 
automatically placed on the Committee’s Interim Meeting agenda.  
 
2. Items that have not been approved by a regional association, but which are received by November  1, will 
be evaluated by  the Committee using the criteria in Section  H, Exceptions to Policy, and Section  I, 
Committee Agenda.  
 
3. Any proposal received after the November  1 deadline, but prior to the Interim Meeting, will be evaluated 
by the Committee according to Section  H, Exceptions to Policy and Section  I, Committee Agenda.  Only 
those items determined to be a national “priority” will be included on its agenda.  
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 4. Proposals must be in writing and must include:  
 
a. a concise statement of the item or problem outlining the p urpose and national need for its 
consideration.  An electronic copy of the background material and proposed amendment(s) should be 
submitted in a  Microsoft Word format  on a CD  ROM , DVD, or by electronic mail sent to 
info@ncwm.net ; 
 
b. background material, including test data, analysis of test data, or other appropriately researched and 
documented material for the Committee to evaluate when deciding its position or future activity on the 
proposal;  
 
c. proposed solutions to problems stated in specific language and in amendment form as changes to 
Conference documents; and 
 
d. if a proposal involves a new area of weights and measures activity ; practical, realistic, and specific 
recommendations for laws or regulations to be adopted and test methods to be utilized to provide for 
proper enforcement.  
 
When proposals are to modify or add requirements to existing publications, such as Handbook 130, 
Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,  or 
Handbook 133, Checking the Net Content of Packaged Goods , the proposal should:  
 
1) identify the pertinent portion, section, and paragraph of the existing publication that would be 
changed (e.g., Uniform Method of Sale  of Commodities Regulation, Section  8.2, paragraph (b)); 
 
2) provide evidence of consistency with other NCWM publications such as with other uniform laws 
and regulations;  
 
3) provide evidence of c onsistency with federal laws and regulations (e.g., U.S. Department of 
Agriculture [USDA ] or Federal Trade Commission [ FTC] regulations); and  
 
4) relay the positions of businesses, industries, or trade associations affected by the proposal 
including supporting and opposing points of view.  
H. Exceptions to Policy for Submission of Items to the NCWM Committee Agenda; 
Submission of “Priority” Items  
 
The Committee will use the following criteria to evaluate items that have not been approved by a regional 
association, but have been received by the November  1 deadline.  If an item is received after the November  1 
deadline, it will be included on the agenda if the Committee determines that it is a national “priority.”  
 
Criteria for Inclusion on the Committee’ s Agenda When No Regional Association Has Approved the Item.  
 
1. Items must have significant legal impact on weights and measures laws and/or regulations involving:  
 
a. court cases/attorney general opinions; or  
 
b. preemption by federal statute or regulati on; or  
 
c. conflicts with international standards; or  
 
d. items which could affect health and safety.  
 
2. The Committee may contact parties that are potentially affected by an item (e.g., trade associations, 
industry, and consumer groups) for comments.  Th e Committee may consider these comments and any 
other information in determining if the item should be included on its agenda.  Introduction   Handbook 130 –  20152016  
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3. When the Committee determines that it should consider an item as a “priority” (using the criteria in  1.), the 
item will be ha ndled in the following manner:  
 
a. A “priority” item received prior to the Interim Meeting may be added to the Interim Meeting agenda 
by a majority vote of the Committee.  
 
b. A “priority” item received after the Interim Meeting may be added to the Committee’s  Annual Meeting 
agenda as:  
 
1) a discussion item by a maj ority vote of the Committee; or  
 
2) as a voting item by a majority vote of the Committee and the NCWM Board of Directors . 
I. Committee Agenda  
 
1. The Committee will review items that have been submitted and selected by a majority vote to be included 
on its agenda.  The Committee will only include those items that have been:  
 
a. approved by at least one of the regional associations; or  
 
b. forwarded by other committees, subcommittees, NTETC Sectors, ta sk forces, or work groups, or those 
items that meet the criteria in Section  H, Exceptions to Policy.  
 
2. The Committee will publish an agenda (NCWM Publication 15) that identifies the items to be discussed 
during the Interim Meeting.  This agenda will be distributed to members approximately 30  days prior to the 
meeting.  The agenda will be provided upon request to all other interested parties.  
(Amended 19982015)  
J. Interim Meeting  
 
1. The Committee shall hold public hearings at the Interim Meeting for the purpose of discussing and taking 
comments on all agenda items.  
 
2. Upon request, the Committee will provide the opportunity for presentations by government officials, 
industry representatives, consumer groups, or other interested parties during the Interim  Meeting.  Requests 
to make presentations must be received by the Committee Chairman or Technical Advisor at least two 
weeks prior to the start of the meetings.  
K. Interim Meeting Report  
 
1. Items under consideration by the Committee, and about which the C ommittee offers comments or 
recommendations to NCWM to act upon during the Annual Meeting, will be included in the Committee’s 
Interim Report published in the Annual Meeting Program and Committee Reports (NCWM 
Publication  16). 
 
2. The Annual Meeting Progra m and Committee Reports will be prepared and distributed to Conference 
members approximately three  months prior to the NCWM Annual Meeting.  
L. Classifications for Agenda Items  
 
At the Interim Meeting, the Committee can cl assify proposals in one of four  ways as: 
 
1. “Voting”  – These are items the Committee believes are fully developed and ready for final consideration of 
the voting membership.  Each item has either received majority support from the C ommittee or the 
Committee has reached agreement that it is re ady for voting status to let NCWM membership decide.  The Handbook 130 –  20152016  Introduction  
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 Committee has the ability to remove items from the voting agenda at the Annual Meeting by changing the 
status prior to a vote of the NCWM membership.  The Committee may amend voting items during the 
course of the Annual Meeting based on additional information received following the Interim Meeting and 
testimony received at the Annual Meeting.  These items may also be amended by the voting membership 
during the voting session of the Annual Meeting following the procedures outlined in the NCWM Bylaws ; 
or 
 
2. “Informational” – These items are deemed by the Committee to have merit.  They typically contain a 
proposal to address the issue at hand and a meaningful backg round discussion for the proposal.  However, 
the Committee wants to allow more time for review by stakeholders and possibly further development to 
address concerns.  The Committee has taken the responsibility for any additional development of 
Informational  items.  For particularly difficult items, the Committee may assign the item to an existing 
Subcommittee under its charge or request that the NCWM Chair appoint a special task group that reports to 
the Committee.  At the Annual Meeting, the Committee may c hange the status of the items, but not to 
Voting status because the item has not been published as such in advance of the meeting;  or 
 
3. “Developing” – These items are deemed by the Committee to have merit, but are found to be lacking 
enough information for full consideration.  Typically the item will have a good explanation of the issue, but 
a clear proposal has yet to be developed.  By assigning Developing status, the Committee has sent the item 
back to the source or assigned it to some other entity outside  the scope of the Committee with the 
responsibility of further development.  The Committee Report will provide the source with clear indication 
of what is necessary to move the item forward for full consideration.  The item will be carried in the 
Committee  agenda in bulletin board fashion with contact information for the person or organization that is 
responsible for the development.  Since the Committee is not required to receive testimony on developing 
items, this status should be carefully implemented so  as not to weaken the standards development process; 
or 
4. “Withdrawn”  – These are items that the Committee has found to be without merit.  The Committee's 
determination to withdraw should not be based on the Committee's opinion alone, but on the input received 
from stakeholders.  The Committee's report will contain an explanation for the withdrawal of the item.  
Once an item appears in NCWM Publication 16 as Withdrawn, the status of that item may not be amended.  
The item may be reintroduced through the regio nal associations for consideration as a new item.  
(Amended 2013)  
M. Comments on Interim Reports  
 
1. Weights and measures officials, industry representatives, and all others are encouraged to submit written 
comments on items in the Committee’s Interim Report.  
 
2. All comments on the Interim Meeting Report must be submitted to the Committee with a copy to the 
Executive Secretary no later than one  month preceding the opening of the Annual Meeting.  
ND. Annual Meeting  
 
1. The Committee will hold a public he aring at the Annual Meeting to discuss items on its agenda.  
 
2. Those who want to speak on an item during the public hearing should request time from the Committee 
Chairman.  The Committee Chairman may impose time limits on presentations, the discussion of  a 
question, or the discussion of a proposed amendment.  
OE. Final Committee Reports and Conference Action  
 
1. Following the public hearings, the Committee will prepare its final report for action by the voting membership of the Conference.  Copies of the f inal report will be provided to the membership prior to the 
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2. The Chairman of the Committee will present the final report of the Committee to the Conference body.  A vote will be taken on items, proposals, or sections in t he report as circumstances require.  The Conference 
will vote on the entire final report as presented in accordance with established Conference voting procedures.  Parliamentary procedures according to Robert’s Rules of Order, as amended by NCWM Bylaws, mu st be adhered to in the presentation of, and any action on, a Standing Committee report.  
(Amended 1998)  
 
PF. Revisions to the Handbook  
 NIST may not publish a new edition if it determines that it is reasonable to forego an annual publication (e.g., amendments were minor or editorial in nature) to save printing, mailing, and other costs.  If this occurs, NIST 
will issue a notice that the current edition is still valid and will explain its action.  ( Note:   Section numbering may be 
changed from one edition of the handbook to another to accommodate additions or deletions.)  
(Amended 2008)  
QG. Annotation  
 
Beginning in 1971, amendments or additions to sections in the Uniform Laws and Regulations are delineated at the 
end of each section (e .g., “amended 1982”) as a service to those states that are planning to update their own laws or 
regulations.  The references to each revision and the year will enable legislators and rule makers to study the actual wording and rationale for changes (appear ing in the Annual Report of NCWM for that year) and subsequently adopt 
changes in their own laws and regulations, modeling them after the Uniform Laws and Regulations.  
RH. Effective Enforcement Dates of Regulations  
 Unless otherwise specified, the new or a mended regulations listed in this section are intended to become effective 
and subject to enforcement on January  1 of the year following adoption by NCWM.  
 
1. Uniform Packaging and Labeling Regulation  
 2. Uniform Regulation for the Method of Sale  of Commodities  
 
3. Uniform Unit Pricing Regulation  
 
4. Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices  
 5. Uniform Open Dating  Regulation  
 
6. Uniform Regulation for National Type Evaluat ion 
 
7. Uniform Regulation for Engine Fuels, Petroleum Products, and Automotive Lubricants  
(Added 1992)  
SI. Section References  
 
In most references made to specific sections or subsections in this handbook, the word “Section” is used, followed 
by the section number.  
TJ. The International System of Units  
 
The “International System of Units,” “SI,” or “SI Units” means the modernized metric system as established in 1960 by the General Conference on Weights and Measures (GIPM).  In 19 88, Congress amended the Metric Conversion 
Act of 1975 (see Section 5164 of Public Law  100-418) to declare that it is the policy of the United States to Handbook 130 –  20152016  Introduction  
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 designate the metric system of measurement as the preferred measurement system for U.S. trade and commerce, and 
it further defined “the metric system of measurement” to be the International System as established by the GIPM 
and as interpreted or modified for the United States by the Secretary of Commerce.  [See Metric Conversion Law 
15 U.S.C. 205, NIST Spec ial Publication  330 – The International System of Units (SI); NIST Special 
Publication  814 – Metric System of Measurement; and, Interpretation of the International System of Units for the 
United States in Federal Register of May  16, 2008, (“ Federal Register ” Vol. 73, No.  96) or subse quent revisions ].  In 
1992, Congress amended the Federal Fair Packaging and Labeling Act  to require certain consumer commodities to 
include the appropriate SI units along with the U.S. customary units in their quantity statements.  
(Added 1993) (Revised 2008)  
 
UK. “Mass” and “Weight.”   [NOTE 1, page 73] 
 
The mass of an object is a measure of the object’s inertial property, or the amount of matter it contains.  The weight 
of an object is a measure of the force exerted on the object by gravity, or the force needed to support it.  The pull of 
gravity on the earth gives an object a downward acceleration of about 9.8 m/s2.  In trade and commer ce and 
everyday use, the term “weight” is often used as a synonym for “mass.”  The “net mass”  or “net weight” declared on 
a label indicates that the package contains a specific amount of commodity exclusive of wrapping mater ials.  The 
use of the term “mass” is predominant throughout the world, and is becoming increasingly common in the United States.  
(Added 1993)  
 
VL. Use of the Terms “Mass” and “Weight.”  [NOTE  1, page 73] 
 
When used in this handbook, the term “weight” means “mass.”  The term “weight” appears when  U.S. customary  
units are cited , or when both U.S. customary  and SI units are included in a requirement.  The terms “mass” or 
“masses” are us ed when only SI units are cited in a requirement.  The following note appears where the term 
“weight” is first used in a law or regulation.  
 
NOTE 1:   When used in this law (or regulation), the term “weight” means “mass.”  (See paragraphs  UK. “Mass” 
and Weight and VL. Use of the Terms “Mass” and “Weight” in Section  I. Introduction of NIST Handbook  130 for 
an explanation of these terms.)  
(Added 1993)  Introduction   Handbook 130 –  20152016  
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National Conference on Weights and Measures / National Type Evaluation Program     
Form 15: Proposal to Amend Handbooks   
 Information  (See Instructions)  
 1.  Date:  2. Regional Association(s):   (Not applicable for proposals to the Board of Directors or NTEP Committee)  
             Central (CWMA)           Northeastern (NEWMA)          Southern (SWMA)           Western (WWMA)  
3. Standing Committee:  
__Laws  & Regulations    __ Specifications & Tolerances     __Professional Development     __Board of Directors     __NTEP Committee  
 4. Submitter Name:  
 
 5. Street Address:  
 
 6. City:  7.  State:  8.  Zip Code:  9.  Country:  
    
10. Phone Number:  11. Fax Number:  12.  Email  Address:  
   
Proposal Information (See Instructions)  
13. Purpose:  
 
14. Handbook to be Amended:  
      NIST Handbook 44          NIST Handbook 130          NIST Handbook 133  __ NCWM Bylaws  __NTEP Administrative Policy  
Section:  
Paragraph:  
15. Proposal:   
 
16. Justification : 
 
17. Other Contacts:   
 
18. Other Reasons For:   
 
19. Other Reasons Against:  
 
20. Evidence:  
 
21. Additional Considerations:  
 
22. Suggested Action:  
      Recommend NCWM Voting Item           Developing Item          Informational Item          Other (Please Describe):  
 
23. List of Attachments:   
 
 
Submit Form  Via Email  to don.onwiler@ncwm.net :  Revised: May 2015  
1135 M Street, Suite 110 / Lincoln, Nebraska 68508  
P. 402.434.4880    F.  402.434.4878    E. info@ncwm.net    W. www.ncwm.net/  Handbook 130 –  20152016  Uniform Laws and Regulations  
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 II.  Uniformity of Laws and Regulations 
 
A. National Conference Goal  
 
The goal of the National Conference on Weights and Measures (NCWM) with respect to these Uniform Laws and 
Regulations is to achieve their acceptance in all states and local jurisdictions that have authority over such matters.  
The Conference stands ready to assist any jurisdiction in any way possible in securing adoption.  
B. Status of Promulgation  
 
The following pages list, by state, information regarding the adoption of the Uniform Laws and Regulations.  The 
tabulated data indicates if the state has adopted the Uniform Law or Regulation by reference, including subsequent amendments (thereby operating under the most recent version of the recommended regulation in this handbook), or if the state has used some version of the NCWM  recommended law or regulation as guidance in developing a similar 
law or regulation.  
 The information is verified with each state annually; the entries represent the status of the state adoption at the time of the survey.  
 Unless a state adopts the recommended regulations and subsequent amendments and revisions, there may be 
variation in the actual degree of adoption.  Adoption, implementation, and clarification may be determined by 
comparing a state law with the Uniform Law, section -by-section, or by contacting the state.  
(Amended 1997 and 1998)  
C. Summary of State Laws and Regulations in Weights and Measures (as of 
August  1, 20152016 ) 
 This is an overview of the status of adoption of NCWM standards by the states.  In earlier editions of 
Handbook 130, state laws and regulations were compared to the NCWM standard from the prior year.  This did not 
indicate whether the standard as printed in the current edition had been adopted by any given state.  The table lists 
those states that adopt NCWM -recommended updates automatically (“YES”); see Sections  4 through  10 and 
paragr aph 12(m) of the Uniform Weights and Measures Law.  This means the state’s regulations are current with 
those printed in this edition of the handbook.  If a state has adopted an NCWM recommendation in whole or in part 
from a particular year, but updates ar e not incorporated automatically, a lower case “yes” is shown.  For additional 
information on the status of adoption, please contact the appropriate state officials.  
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  Laws  Regulations  
State  
Weights and 
Measures Law  
Weighmaster Law  
or Regulation  
Uniform Engine  
Fuel Law  
Packaging  
and Labeling  
Method of Sale  
Price Verification  
Unit Pricing  
Registration of  
Service Agencies  
Open Dating  
Type Evaluation  
Uniform Engine 
Fuel Regulation  
Handbook 44 
Handbook 133 
Alabama  yes yes yes yes yes YES  NO yes NO yes yes* YES  YES  
Alaska  yes NO NO yes yes yes* NO yes* NO yes NO YES  yes 
Arizona  yes yes yes* yes yes yes NO yes no yes yes* YES  YES  
Arkansas  YES  NO YES  YES  YES  YES  YES  YES  YES  YES  YES  YES  YES  
California  yes yes* yes* YES  yes* yes* yes* yes* NO yes yes* YES  YES  
Colorado yes yes yes* yes yes yes NO yes NO yes yes* YES  YES  
Connecticut  yes yes yes* YES  YES  YES  yes* yes* YES  yes yes YES  YES  
Delaware  yes yes yes* yes yes yes no yes* no yes yes* YES  YES  
District of 
Columbia  yes yes NO yes yes no yes* NO yes* no NO yes no 
Florida  yes NO yes* yes yes yes yes* yes yes* no yes* yes yes 
Georgia  yes yes yes* yes yes YES NO yes yes* yes yes* YES  YES  
Hawaii  yes yes yes* yes yes YES yes yes NO yes yes* yes yes 
Idaho  yes yes yes* yes yes YES ye
s* no yes NO yes yes* YES  yes 
Illinois  yes NO yes* YES  YES  NO NO yes NO yes yes YES  YES  
Indiana  yes yes* yes* yes yes NO NO NO NO yes yes* yes yes 
Iowa  yes yes* yes* yes yes YES NO yes* NO yes yes* yes yes 
Kansas  yes NO yes  yes yes YES NO yes NO yes yes yes yes 
Key:  YES   Adopted and updated on an annual basis.  
 yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year.  
 yes* Law or regulations in force, but not based on NCWM standard.  
 NO No law or regulation . 
 no No law or regulation, but NCWM standard is used as a guideline.  
  Handbook 130 –  20152016  Uniform Laws and Regulations  
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 Laws  Regulations  
State  
Weights and 
Measures Law  
Weighmaster Law  
or Regulation  
Uniform Engine Fuel Law  
Packaging  
and Labeling  
Method of Sale  
Price  Verification  
Unit Pricing  
Registration of  Service Agencies  
Open Dating  
Type Evaluation  
 
Uniform Engine 
Fuel Regulation  
Handbook 44 
Handbook 133 
Kentucky  yes NO yes* yes yes yes NO yes* NO yes yes* YES  yes 
Louisiana  yes* yes* yes* yes* NO YES no yes* NO yes* yes* YES  no 
Maine yes yes yes* YES  YES  YES NO yes NO yes YES  YES  no 
Maryland  yes NO yes* YES  yes YES yes* yes* yes* yes yes* YES  YES  
Massachusetts  yes* yes* yes* yes yes* YES  yes* NO NO yes yes* YES  no 
Michigan  yes yes yes yes yes NO NO yes yes yes yes* yes yes 
Minnesota  yes NO yes* yes* yes* NO NO yes* yes* yes yes* yes yes 
Mississippi  yes yes yes* yes yes yes yes yes NO yes yes* YES  YES  
Missouri  yes NO yes YES  YES  YES  no yes NO YES  yes YES  YES  
Montana yes NO yes yes yes NO yes yes NO yes yes yes yes 
Nebraska  yes NO NO yes yes yes* NO yes NO yes* NO yes yes 
Nevada yes yes yes* YES  YES  YES YES  YES  YES  YES  yes* YES  YES  
New Hampshire  yes yes* NO YES  YES  YES  YES  yes* yes* no no YES  YES  
New Jersey  yes yes yes* yes yes yes* yes* yes* NO yes* YES  YES  NO 
New Mexico  yes yes yes* yes yes YES NO yes yes* NO yes* YES  YES  
New York  yes yes yes* yes yes YES ye
s yes* NO NO yes yes* YES  YES  
North Carolina  yes yes* yes* YES  YES  YES NO yes NO yes yes* YES  YES  
 
Key:  YES   Adopted and updated on an annual basis.  
 yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year.  
 yes* Law or regulations in force, but not based on NCWM standard.  
 NO No law or regulation . 
 no No law or regulation, but NCWM standard is used as a guideline.  
  
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  Laws  Regulations  
State  
Weights and 
Measures Law  
Weighmaster Law 
or Regulation  
Uniform Engine 
Fuel Law  
Packaging  
and Labeling  
Method of Sale  
Price  Verification  
Unit Pricing  
Registration of  
Service Agencies  
Open Dating  
Type Evaluation  
Uniform Engine 
Fuel Regulation  
Handbook 44 
Handbook 133 
North Dakota  YES  NO NO NO yes* NO NO yes* NO NO yes* yes* NO 
Ohio  yes NO NO yes yes NO NO yes NO yes NO YES  YES  
Oklahoma  YES  NO yes* YES  YES  yes* NO yes* YES  YES  yes* YES  YES  
Oregon  yes* NO yes* yes yes yes yes* NO yes* yes* yes* yes yes 
Pennsylvania  yes yes NO yes yes yes NO yes NO YES  NO YES  YES  
Puerto Rico  yes yes yes* yes yes* yes* yes* yes yes* yes yes* YES  YES  
Rhode Island no no yes* yes* YES  no yes* NO yes* no no YES  No 
South 
Carolina  yes yes* yes* YES  YES  yes NO YES  NO YES  yes* YES  YES  
South 
Dakota  yes NO yes yes yes yes NO yes yes yes yes yes yes 
Tennessee yes yes yes YES  YES  YES NO yes NO YES  yes YES  YES  
Texas  yes yes* yes* YES  YES  yes* NO yes NO NO yes* YES  YES  
Utah  yes NO yes* YES  YES  YES NO yes NO YES  yes YES  YES  
Vermont  yes* yes yes* YES  YES  YES yes* yes NO no NO YES  No 
Virginia  yes* yes* YES  YES  YES  YES YES  yes* NO yes* YES  YES  YES  
Virgin 
Islands  yes NO yes* yes NO NO yes NO yes NO yes YES  No 
Washington  yes yes yes YES  YES  YES NO yes yes yes yes YES  YES  
West 
Virginia  YES  NO YES  YES  YES  YES YES  YES  YES  YES  YES  YES  YES  
 
Key:  YES  Adopted and updated on an annual basis.  
 yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year.  
 yes* Law or regulations in force, but not based on NCWM standard.  
 NO No law or regulation.  
 no No law or regulation, but NCWM standard is used as a guideline.  
 
 Handbook 130 –  20152016  Uniform Laws and Regulations  
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  Laws  Regulations  
State  
Weights and 
Measures Law  
Weighmaster Law 
or Regulation  
Uniform Engine 
Fuel Law  
Packaging  
and Labeling  
Method of Sale  
Price  Verification  
Unit Pricing  
Registration of  
Service Agencies  
Open Dating  
Type Evaluation  
 
Uniform Engi ne 
Fuel Regulation  
Handbook 44 
Handbook 133 
                                                                                                                                                                                                                                     
Wisconsin  yes* NO yes* yes YES  YES  NO yes* NO YES  yes* YES  YES  
Wyoming yes NO yes* yes*  
noye
s* YES
yes no yes no YES
yes yes* YES
yes YES
yes 
 
Totals:  YES  
 yes 
 yes* 
 NO 
 no 
  
4 
43 
5 
42 
6 
0 
1   
0 
21 
10 
21 
1 
  
3 
8 
35 
7 
0   
19
 
29 
4 
1 
0   
19
 
26 
5 
6 
2 
1 
0 
  
26 
10 
7 
23 
12 
8 
8 
2 
  
5 
4 
11 
28 
5   
4
 
27 
15 
7 
0   
5
 
4 
10 
31 
3   
11 
10 
29 
4 
5 
4 
5 
  
5 
11 
29 
10 
30 
6 
2   
40 
12 
39 
13 
1 
0 
0 
  
30 
14 
29 
15 
0 
2 
7  
 
Key:  YES  Adopted and updated on an annual basis.  
 yes Law or regulation in force, NCWM standard used as basis of adoption, but from an earlier year.  
 yes* Law or regulations in force, but not based on NCWM standard.  
 NO No law or regulation.  
 no No law or regulation, but NCWM standard is used as a guideline.  
  
 
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 A.  Uniform Weights and Measures Law  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1. Background  
 
Recognition of the need for uniformity in weights and measures laws and regulations among the states was first 
noted at the second Annual Meeting of the National Conference on Weights and Measures (NCWM) in April 1906.  In the fol lowing year, basic outlines of a “Model State Weights and Measures Law” were developed.  The first 
“Model Law,” as such, was formally adopted by the Conference in 1911.  
 
Through the years, almost without exception, each state has relied upon the NCWM Weights and Measures Law 
when the state first enacted comprehensive weights and measures legislation.  This has led to a greater degree of 
uniformity in the basic weights and measures requirements throughout the country.  
 The original Law was regularly ame nded to provide for new developments in commercial practices and technology.  
This resulted in a lengthy and cumbersome document and the need for a simplification of the basic weights and 
measures provisions.  The 1971 NCWM adopted a thoroughly revised, si mplified, modernized version of the 
“Model State Weights and Measures Law.”  This Law now can serve as a framework for all the many concerns in 
weights and measures administration and enforcement.  
 The title of the Law was changed by the 1983 NCWM.  Amendm ents or revisions to the Law since 1971 are noted at 
the end of each section.  
 Sections  4 through  10 of the Uniform Weights and Measures Law adopt NIST Handbook 44 and the Uniform 
Regulations in NIST Handbook 130 by citation.  In addition, these sections adopt supplements to and revisions of 
Handbook 44 and the Uniform Regulations “except insofar as modified or rejected by regulation.”  Some state laws 
may not permit enacting a statute that provides for automatic a doption of future supplements to or revisions of a 
Uniform Regulation covered by that statute.  If this should be the case in a given state, two alternatives are available:  
 
(a) Sections  4 through 10 may be enacted without the phrase “. . . and supplements the reto or revisions thereof 
. . .”; or 
 (b) Sections  4 through 10 may be enacted by replacing “. . . except insofar as modified or rejected by 
regulation .  . .” with the phrase “. . . as adopted, or amended and adopted, by rule of the director.”  
 Either alternat ive requires action on the part of the Director to adopt a current version of Handbook 44 and each 
Uniform Regulation each time a supplement or revision is made by the NCWM.  
2. Status of Promulgation  
 
See the table beginning on page  10, Section II. Uniform ity of Laws and Regulations of Handbook 130 for the status 
of adoption of the Uniform Weights and Measures Law.  
 
   
 
 
*The National Conference on W eights and M easures (NCWM)  is supported by National Institute of Standards and 
Technology ( NIST ) in partial i mplementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  Uniform Weights and Measures Law   Handbook 130 –  20152016  
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 Uniform Weights and Measures Law  
 
Section  1.  Definitions  
 
When used in this Act:  
 
1.1. Weight(s) and (or) Measure(s).  – The term “weight(s) and (or) measure(s)” means all weights and measures 
of every kind, instruments  and devices for weighing and measuring, and any appliance  and accessories  associated 
with any or all such instruments and devices.  
 
1.2. Weight.  – The term “weight” as used in connection with any commodity or service means net weight .  When a 
commodity is sold by drained weight , the term means net drained weight.  
(Amended 1974 and 1990)  
 
1.3. Correct.  – The term “correct” as used in connection with weights and measures means conformance to all 
applicable requirements of this Act.  
 
1.4. Director.  – The term “director” means the Director  of the Arkansas State Plant Board . 
 
1.5. Person.  – The term “person” means both plural and the singular, as the case demands, and includes 
individuals, partnerships, corporations, companies, societies, and associations.  
 1.6. Sale from Bulk.   – The term “sale from bulk” means the sale of commodities when the quantity is determined 
at the time of sale.  
 1.7. Package.  – Except as modified by Section  1. Application of the Uniform Packaging and Labeling Regul ation , 
the term “package,” whether standard package or random package , means any commodity:  
 
(a) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale ; or 
 
(b) whose weight or measure has been determined in advance of wholesale or retail sale.  
 An individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or of measure shall be considered a package (or packages).  
(Amended 1991)  
 
1.8. Net “Mass” or Net “Weight.” – The term “net mass”  or “net weight”  means the weight [NOTE 1, page 2117] of a 
commodity excluding any materials, substances, or items not considered to be part of the commodity.  Materials, substances, or items not considered to be part of the commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, 
and coupons, except that, depending on the type of service rendered, packaging materials may be considered to be 
part of the service.  For example, the service of shipping includes the weight of packing materials.  
(Added 1988) (Amended 1989, 1991, and 1993)  
 
1.9. Random Weight Package . – A package that is one of a lot, shipment, or delivery of packages of  the same 
commodity with no fixed pattern of weights.  
(Added 1990)  
 
NOTE 1:   When used in this Law , the term “weight” means “mass.”  (See paragraphs  UL. “Mass” and “Weight” 
and V. Use of the Terms “Mass” and “Weight” in Section  I. Introduction of NIST Handbook  130 for an explanation 
of these terms.)  
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 1.10. Standard Package.  – A package that is one of a lot, shipment, or delivery of packages of the same 
commodit y with identical net contents declarations.  
 
Examples : 
l L bottles or 12 fl oz cans of carbonated soda ; 
500 g or 5  lb bags of sugar ; 
100 m or 300 ft packages of rope . 
(Added 1991) (Amended 1993)  
 
1.11. Commercial Weighing and Measuring Equipment.  – The term “commercial weighing and measuring 
equipment” means weights and measures and weighing and measuring devices commercially used or employed in 
establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution 
or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or 
payment for services rendered on the basis of weight or measure.  
(Added 1995)  
 
1.12. Standard, Field.  – A physical standard that meets specifications and tolerances in NIST  Handbook 
105-series standards (or other suitable and designated standards) and is traceable to the reference or working 
standards through comparisons, using acceptable laboratory procedures, and used in conjunction with commercial 
weighing and measuring equipment (1.13. Accreditation ). 
(Added 2005)  
 
1.13. Accreditation.  – A formal recognit ion by a recognized Accreditation Body that a laboratory is competent to 
carry out specific tests or calibrations or types of tests or calibrations.  NOTE:   Accreditation does not ensure 
compliance of standards to appropriate specifications.  
(Added 2005)  
 1.14. Calibration.  – An operation that,  under specified conditions, in a first step, establishes a relation  between the 
quantity values with measurement uncertainties provided by measurement standards and corresponding indications 
with associated measurement uncertainties and, in a second step, uses this information to establish a relation for 
obtaining a measurement result from an indication.  
(Added 2005)  (Amended 2013)  
 
1.15. Metrological Traceability.  – The property of a measurement result whereby the result can be related to a 
reference through a documented unbroken chain of calibrations, each contributing to the measurement uncertainty.  
(Added 2005)  (Amended 2013)  
 1.16.  Measurement Uncertainty.  – A non-negative parameter characterizing the dispersion of the  quantity  values 
being attributed to a measurand, based on  the information used.  
(Added 2005)  (Amended 2013)  
 1.17.  Verification.  – The formal evaluation of a standard or device against the specifications and tolerances for 
determining conformance.  
(Added 2005)  
 1.18.  Recognition.  – A formal recognition by NIST Office of Weights and Measures  that a laboratory has 
demonstrated the ability to provide traceable measurement results and is competent to carry out specific tests or 
calibrations or types of tests or calibrations.  
(Added 2005)  
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 1.19.  Standard, Reference Measurement . – A measurement standard  designated for the calibration of other 
measurement standards for quantities of a given kind in a given organization or at a given location.   The term 
“reference measurement standards” usually means the physi cal standards of the state that serve as the legal reference 
from which all other standards for weights and measures within that state are derived.  
(Added 2005)  (Amended 2013)  
 
1.20.  Standard, Working  Measurement . – A measurement standard that is used routinely to calibrate or verify 
measuring instruments or measuring system s.  The term “working  measurement  standards” means the physical 
standards that are traceable to the reference standards through calibrations or verif ications, using acceptable 
laboratory procedures, and used in the enforcement of weights and measures laws and regulations.  
(Added 2005)  (Amended 2013)  
 1.21.  Metrological Traceability Chain.  – Sequence of measurement standards and calibrations that is used to 
relate a measurement result to a reference.  
(Added 2013)  
 
1.22. Metrological Traceability to a Measurement Unit.  – Metrological traceability where the reference is the 
definition o f a measurement unit through its practical realization.  
(Added 2013)  
Section 2.  Systems of Weights and Measures  
 
The International System of Units (SI)  and the system of weights and measures in customary use  in the United 
States are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the 
state.  
 The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by NIST  are recognized and shall govern weighing and measuring equipment and 
transactions in the state.  
(Amended 1993)  
 
NOTE  2:  SI or SI Unit.  – means the International System of Units as established in 1960 by the General 
Confere nce on Weights and Measures and interpreted or modified for the United States by the Secretary of 
Commerce.  See “Interpretation of the International System of Units for the United States” in “Federal Register” 
(Volume  73, No.  96, pages  28432 to 28433) for  May 16, 2008, and 15 United States Code, 
Section  205a - 205l “Metric Conversion.”  See also NIST Special Publication 330, “The International System of 
Units (SI), ” 2008 edition  and NIST Special Publication 811, “Guide for the Use of the International Syst em of Units 
(SI),” 2008 edition  that are available at www.nist.gov/pml/wmd/metric/metric -
program www.nist.gov/pml/wmd/metric /index .cfm or by contacting TheSI@nist.gov.  
(Added 1993)  
Section 3.  Physical Standards  
 Weights and measures that are traceable to the U.S. prototype standards supplied by the Federal Government, or approved as being satisfactory by NIST, shall be the state reference and working standards of weights  and measures, 
and shall be maintained in such calibration as prescribed by the NIST as demonstrated through laboratory accreditation  or recognition.  All field standards may be prescribed by the Director and shall be verified upon their 
initial receipt  and as often thereafter as deemed necessary by the Director.  
(Amended 2005)  
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 Section 4.  Technical Requirements for Weighing and Measuring Devices  [NOTE  3, page 2420] 
 
The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, 
and other weighing and measuring devices as adopted by the NCWM, published in the National Institute of 
Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technica l Requirements for 
Weighing and Measuring Devices,” and supplements thereto or revisions thereof, shall apply to weighing and 
measuring devices in the state, except insofar as modified or rejected by regulation.  
(Amended 1975)  
 NOTE  3:  Sections  4 through 10 of the Uniform Weights and Measures Law adopt NIST Handbook  44 and Uniform 
Regulations in NIST Handbook  130 by citation.  In addition, these sections adopt supplements to and revisions of 
NIST Handbook  44 and the Uniform Regulations “except insofar as modified or rejected by regulation.”  Some state 
laws may not permit enacting a statute that provides for automatic adoption of future supplements to or revisions of a regulation covered by that statute.  If this should be the case in a given state, two alternatives are available:  
 
(a) Sections  4 through 10 may be enacted without the phrase “. . . and supplements thereto or revisions thereof 
. . .”; or 
 
(b) Sections  4 through 10 may be enacted by replacing “. . . except insofar as modified or rejected by 
regulation .  . .” with the phrase “. . . as adopted, or amended and adopted, by rule of the director.”  
 
Either alternative requires action on the part of the Director to adopt a current version of Handbook  44 and 
Uniform La ws or Regulations each time a supplement is added or revision is made by the NCWM . 
 
Section  5.  Requirements for Packaging and Labeling  [NOTE 3, page 2420] 
 
The Uniform Packaging and Labeling Regulation  as adopted by the NCWM and published in the National Institute 
of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or 
revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by 
regulation.  
(Added 1983)  
 
Section  6.  Requirements for the Method of Sale of Commodities  [NOTE 3, page 2420] 
 The Uniform Regulation for the Method of Sale of Commodities as adopted by the NCWM and published in 
National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements 
thereto or revisions thereof, shall apply to the method of sale of commodities in the state, except insofar as modified 
or rejected by regulation.  
(Added 1983)  
 
Section  7.  Requirements for Unit Pricing  [NOTE 3, page 2420] 
 The Uniform Unit Pricing  Regulation  as adopted by the NCWM and published in the National Institute of Standards 
and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, 
shall apply to unit pricing  in the state, except inso far as modified or rejected by regulation.  
(Added 1983)  
 
Section  8.  Requirements for the Registration of Servicepersons and Service Agencies for 
Commercial Weighing and Measuring Devices  [NOTE 3, page 2420] 
 The Uniform Regulation for the Voluntary Regist ration of Servicepersons and Service Agencies for Commercial 
Weighing and Measuring Devices as adopted by the National NCWM and published in the National Institute of 
Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions Handbook 130 –  20152016  Uniform Weights and Measures Law  
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 thereof, shall apply to the registration of servicepersons and service agencies in the state, except insofar as modified 
or rejected by regulation.  
(Add ed 1983)  
 
Section 9.  Requirements for Open Dating  [NOTE 3, page 2420] 
 The Uniform Open Dating  Regulation as adopted by the NCWM and published in the National Institute of Standards 
and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, 
shall apply to open dating  in the state, ex cept insofar as modified or rejected by regulation.  
(Added 1983)  
 
Section  10.  Requirements for Type Evaluation [NOTE 3, page 2420] 
 
The Uniform Regulation for National Type Evaluation  as adopted by the NCWM and published in National Institute 
of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or 
revisions thereof, shall apply to type evaluation  in the state, except insofar as modified or rejected by regulation.  
(Added 1985)  
Section  11.  State Weights and Measures Division  
 There shall be a State Division of Weights and Measures located for administrative purposes within the Arkansas 
State Plant Board.  The Division is charged with, but not limited to, performing the following functions on behalf of 
the citizens of the state:  
(a) Assuring that weights and measures in commercial services within the state are suitable for  their intended 
use, properly installed, and accurate, and are so maintained by their owner or user.  
 
(b) Preventing unfair or deceptive dealing  by weight or measure in any commodity or service advertised, 
packaged, sold, or purchased within the state.  
 
(c) Making available to all users of physical standards or weighing and measuring equipment the precision 
calibration and related metrological certifi cation capabilities of the weights and measures facilities of the 
Division.  
 
(d) Promoting uniformity , to the extent practicable and desirable, between weights and measures requirements 
of this state and those of oth er states and federal agencies.  
 (e) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to assure equity among buyers and sellers.  
 (Added 1976)  
 
Section  12.  Powers and Duties of the Director  
 The Director shall:  
(a) maintain traceability of the state standards as demonstrated through laboratory accreditation or recognition;  
(Ame nded 2005)  
 
(b) enforce the provisions of this Act;  
 
(c) issue reasonable regulations for the enforcement of this Act, which regulations shall have the force and effect of law;  
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 (d) establish labeling requirements, establish requirements for the presentation of cost p er unit information , 
establish standards of weight, measure, or count, and reasonable standards of fill  for any packaged 
commodity; and establish requirements for open dating  informa tion; 
(Added 1973)  
 
(e) grant any exemptions  from the provisions of this Act or any regulations promulgated pursuant thereto when 
appropriate to the maintenance of good commercial practices within the state;  
 (f) conduct investigations  to ensure compliance with this Act;  
 
(g) delegate to appropriate personnel any of these responsibilities for the proper administration of this office;  
 
(h) verify the field standards for weights and measures used by any jurisdiction within the state, before being 
put into service, tested annually or as often thereafter as deemed necessary by the Director based on 
statistically evaluated data, and approve the same when found to be correct;  
(Amended 2005)  
 (i) have the auth ority to inspect and test commercial weights and measures kept, offered, or exposed for sale;  
(Amended 1995)  
 (j) inspect and test, to ascertain if they are correct, weights and measures commercially used: 
 
(1) in determining the weight, measure, or count of commo dities or things sold, or offered or exposed for 
sale, on the basis of weight, measure, or count ; or 
 (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or 
count . 
 
(k) test all weights and measures used in checking the receipt or disbursement of supplies in every institution, 
the maintenance of which funds are appropriated by the legislature of the state;  
 
(l) approve for use, and may mark, such commercial weights and measures as are found to be correct, and 
shall reject  and order to be corrected, replaced, or removed such commercial weights and measures as are 
found to be incorrect .  Weights and measures that have been rejected may be seized if not corrected within 
the time specified o r if used or disposed of in a manner not specifically authorized.  The Director shall 
remove from service and may seize the weights and measures found to be incorrect that are not capable of 
being made correct;  
(Amended 1995)  
 
(m) weigh, measure, or inspect pa ckaged commodities kept, offered, or exposed for sale, sold, or in the process 
of delivery, to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this Act or regulations promulg ated pursuant thereto.  In carrying 
out the provisions of this section, the Director shall employ recognized sampling procedures, such as are 
adopted by the NCWM and are published in the National Institute of Standards and Technology 
Handbook 133, “Checking the Net Contents of Packaged Goods;”  
(Amended 1984, 1988, and 2000)  
 
(n) prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever the Director determines that an existing practice of declaring the  quantity of a commodity or setting charges for 
a service by weight, measure, numerical count, time, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion;  
(Amended 1991)  
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 (o) allow reasonab le variations from the stated quantity of contents, which shall include those caused by loss or 
gain of moisture  during the course of good distribution practice or by unavoidable deviations  in good 
manufacturing practice  only after the commodity has entered intrastate commerce ; 
 
(p) provide for the training of weights and measures personnel , and may establish minimum training and 
performance requirements , which shall then be met by all weights and measures personnel, whether county, 
municipal, or state.  The Director may adop t the training standards of the National Conference on Weights 
and Measures’ National Training Program and the laboratory metrology standards specified by the NIST accreditation  and/or recognition requirements; and 
(Added 1991) (Amended 2005)  
 (q) verify advertised prices, price representations, and point -of-sale systems, as deemed necessary, to 
determine:  
 (1) the accuracy of prices and computations and the correct use of the equipment ; and 
 (2) if such system utilizes scanning or coding means in lieu of manual entry, the accuracy of prices printed 
or recalled from a database.  In carrying out the provisions of this section, the Director shall:  
 
i. employ recognized procedures, such as are designated in National Institute of Standards and Technology H andbook 130, Uniform Laws and Regulations  in the Areas of Legal Metrology and 
Engine Fuel Quality , “Examination Procedures for Price Verification ;” 
 
ii. issue necessary rules and regulations regarding the accuracy of advertised prices and automated 
systems for retail price charging (referred to as “point -of-sale systems”) for the enforcement of 
this section, which rules shall have the force and effect of law; and  
 
iii. conduct investigations  to ensure compliance.  
(Added 1995)  
 
Section  13.  Special Police Powers  
 When necessary for the enforcement of this Act or regulations promulgated pursuant thereto, the Director is:  
 (a) Authorized to enter any commercial premises during normal business hours, except that in the event such 
premises are not open to the public, he/she shall first present his/her credentials and obtain consent before 
making entry thereto, unless a search warrant has previously been obtained.  
 
(b) Empowered to issue stop use, hold, and removal orders  with respect to any weights and measures 
commercially used, stop sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.  
 
(c) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight , 
measure, package, or commodity found to be used, retained, offered, or exposed for sale o r sold in violation 
of the provisions of this Act or regulations promulgated pursuant thereto.  
 (d) Empowered to stop any commercial vehicle  and, after presentation of his credentials, inspect the contents, 
require the person in charge  of that vehicle to produce any documents in his possession concerning the 
contents, and require him to proceed with the vehicle to some specified place for inspection.  
 
(e) With respect to the enforcement of this Act, the Director is hereby vested with specia l police powers, and is 
authorized to arrest, without formal warrant, any violator of this Act.  
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 Section  14.  Powers and Duties of Local Officials  
 
Any weights and measures of ficial appointed for a county or city shall have the duties and powers enumerated in 
this Act, excepting those duties reserved to the state by law or regulation.  These powers and duties shall extend to 
their respective jurisdictions, except that the juris diction of a county official shall not extend to any city for which a  
weights and measures official has been appointed.  No requirement set forth by local agencies may be less stringent 
than or conflict with the requirements of the state.  
(Amended 1984)  
 
Section 15.  Misrepresentation of Quantity  
 
No person shall:  
 
(a) sell, offer, or expose for sale a quantity less than the quantity represented; nor  
 
(b) take more than the represented quantity when, as buyer, he/she furnishes the weight or measure by means of which the quantity is determined; nor  
 (c) represent the quantity in any manner calculated or tending to mislead or in any way deceive another person.  
(Amended 1975 and 1990)  
 
Section 16.  Misrepresentation of Pricing  
 
No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by 
weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.  
 
Section 17.  Method of Sale  
 Except as otherwise provided by the Director or by firmly established trade custom and practice,  
 
(a) commodities in liquid form  shall be sold by liquid measure or by weight ; and  
 (b) commodities not in liquid form  shall be sold by weight, by measure , or by count . 
 The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price 
and quantity comparisons.  
(Amended 1989)  
 
Section 18.  Sale from Bulk  
 
All bulk sales  in which the buyer and seller are not both present to witness the measurement, all bulk deliveries  of 
heating fuel , and all other bulk sales specified by rule or regulation of the director shall be accompanied by a 
delivery ticket  containing the following information: 
 
(a) the name and address of the buyer and seller;  
 
(b) the date delivered;  
 
(c) the quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity for example, w hen temperature compensated sales  are made;  
(Amended 1991)  
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 (d) the unit price, unless otherwise agreed upon by both buyer and seller;  
(Added 1991)  
 
(e) the identity in the most descriptive terms commercially practicable, including any quality representation  
made in connection with the sale; and 
 
(f) the count of individually wrapped packages, if more than one, in the instance of commodities bought from bulk but delivered in packages.  
(Amended 1983 and 1991)  
 
Section  19.  Information Required on Packages  
 Except as otherwise provided in this Act or by regulations promulgated pursuant thereto,  any package, whether a 
random package or a standard package , kept for the purpose of sale, or offered or exposed for sale, shall bear on the 
outside of the package a definite, plain, and conspicuous declaration of:  
 
(a) the identity o f the commodity in the package, unless the commodity is a food, other than meat or poultry , 
that was repackaged in a retail establishment and the food is displayed to the purchaser under either of the 
following circumstances:   
 
(1) its interstate labeling is clearly in view or with a counter card, sign or other appropriate device bearing 
prominently and conspicuously the common or usual name of the food; or  
 
(2) the common or usual name of the food is clearly revealed by its appearance.  
(Amended 2001)  
 
(b) the quantity of contents in terms of weight, measure, or count; and,  
 (c) the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, 
offered, or exposed for sale, or sold in any place other than on the premises where packed.  
(Amended 1991)  
 
Section  20.  Declarations of Unit Price on Random Weight Packages  
 
In addition to the declarations required by Section 19. Information Required on Packages  of this Act, any package 
being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at 
retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or 
pound and the total selling price of the package.  
(Amended 1986)  
 
Section 21.  Advertising Packages for Sale  
 
Whenever a packaged commodity is advertised in any manner with the retail price  stated, there shall be closely and 
conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package.  
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 Section 22.  Prohibited Acts  
 
No person shall:  
 
(a) use or have in possess ion for use in commerce any incorrect weight or measure;  
 
(b) sell or offer for sale for use in commerce any incorrect weight or measure;  
 
(c) remove any tag, seal, or mark from any weight or measure without specific written authorization from the 
proper authority ; 
 (d) hinder or obstruct any weights and measures official in the performance of his or her duties; or  
 (e) violate any provisions of this Act or regulations promulgated under it.  
Section 23.  Civil Penalties  
 
23.1.  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. Prohibited Acts  may be 
assessed by the Arkansas State Plant Board  a civil penalty  of: 
 
(a) not less than $100 nor more than $600 for a first violation;  
 (b) not less than $400  nor more than $1200  for a second violation within 3 years after  the date of the first 
violation; and  
 
(c) not less than $700 nor more than $2000 for a third v iolation within 3 years after  the date of the first 
violation.  
 
23.2.  Administrative Hearing.  – Any person subject to a civil penalty  shall have a right to request an 
administrative hearing  within ten 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.  
 
23.3. 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 twenty  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 t ransmitted 
to Arkansas State Plant Board.  
(Added 1989) (Amended 1995)  
 
Section 24.  Criminal Penalties  
 24.1.  Misdemeanors.  – Any person who commits any of the acts enumerated in Section 22. Prohibited Acts  shall 
be guilty of a Class  A misdemeanor . 
 
Section 25.  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.  
(Retitled 1989)  
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 Section 26.  Presumptive Evidence  
 
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or 
from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or 
measure or weighing or measuring device is regularly used for the business purposes of that place.  
Section 27.  Separab ility Provision  
 
If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.  
Section 28.  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 
offenses committed, liabilities incurred, and claims made th ere under prior to the effective date of this Act.  
Section 29.   Regulations to be Unaffected by Repeal of Prior Enabling Statute 
 
The adoption of this Act or any of its provisions shall not affect any regulations promulgated pursuant to the authority of an y earlier enabling statute unless inconsistent with this Act or modified or revoked by the Director.  
Section 30.   Effective Date 
 
This Act shall become effective on  August 1, 2015 2016  
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 C.  Uniform Engine Fuels and Automotive Lubricants Inspection Law  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1. Background  
 
In 1984, the National Conference on Weights and Measures  (NCWM ) adopted a section in the Uniform Regul ation 
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 
compla ining to weights and measures officials about fuel quality and vehicle performance, and the American 
Society for Testing and Materials (ASTM ) 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 t he 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 in cluded 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.  
 
At the 2008 NCWM Interim Meeting, the Laws and Regulations Committ ee 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 a nd biofuels.  
2. Status of Promulgation  
 
The current Uniform Engine Fuels and Automotive Lubricants Inspection Law  was recommended for adoption by 
the Conference in 2008.  The table beginning on page  10, Section II ;. Uniformity of Laws and Regulations of 
Handbook 130 shows the status of adoption of the law.  
(Amended 2008)  
 
 
 *The National Conference on Weights and Measures ( NCWM ) is supported by the National Institute of Standards 
and Technology  (NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  Uniform Engine Fuels and Automotive Lubricants Inspection Law  Handbook 130 –  20152016  
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 Uniform Engine Fuels and Automotive Lubricants Inspection Law 
  
Section 1.  Purpose  
 
There should be uniform requirements for engine fuels, non- engine fuels, and automotive lubricants  among the 
states.  This Act provides for the establishment of quality specifications for these products.  
(Amended 2008)  
Section 2.  Scope  
 
The Act estab lishes 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 Director  of the Arkansas Sta te Plant  Board  and designated agents.  
 
3.3. Person.  – An individual, corporation, company, society, association, partnership, or governmental entity.  
 
3.4. ASTM International.  (www.astm.org ) – 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. 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.  
(Added 2008)  
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 version 
available of ASTM International standards as published on its website 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, la beling, standards for, and identity of fuels, non- engine 
fuels, and automotive lubricants  and is authorized to establish a testing laboratory.  
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 Section 5.  General Duties  and Powers  
 
The Director shall have the aut hority 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, non -engine fuels, 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.   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.  
(Ame nded 2008)  
5.3. Collect, or cause to be collected, samples of engine fuels, non -engine fuels, and automotive lubricants  
marketed in this state, and cause such samples to be tested or analyzed for compliance with the provisions of this 
Act. 
(Amended 2008)  
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, non -engine fuels, 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.  
(Amended 2008)  
5.6. Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant . 
 5.7. Delegate to appropriate personne l 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.  
(Added 2008)  
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 s hall 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 $Zero  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.  Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Inspection Law  
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 Section 8.  Prohibited Acts  
 
It shall be unlawful to:  
 8.1. Represent engine fuels, non -engine fuels, 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 and 2008)  
 
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, non- engine fuels, or automotive lubricant  that is contrary to the provisions of this 
Act. 
(Amended 2008)  
8.6. Represent automotive lubricants  with an S.A.E. (Society of Automotive Engineers ) 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  8. Prohibited Acts may be 
assessed by the  Arkansas State Plant Board  a civil penalty of: 
 
(a) not less than $100 nor more than $300 for a first violation;  
 
(b) not less than $400 nor more than $600 for a second violation within three years  from the date of the first 
violation; and  
 
(c) not less than $700  nor more than $1,000  for a third violation within  three years  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  ten 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 t he 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  twenty  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 rec over the penalty.  Any civil penalty collected under this Act shall be transmitted 
to Arkansas State Plant Board.  
Section 10.  Criminal Penalties  
 10.1.  Misdemeanor.  – Any person who violates any provision of this Act or regulations promulgated thereto sha ll 
be guilty of a Class  A. Uniform Engine Fuels and Automotive Lubricants Inspection Law  Handbook 130 –  20152016  
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 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 pr ovision 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 t o 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 there  under prior to the effective date of this Act.  
Section 14.  Citation  
 This Act may be cited as the “Engine Fuels and Automotive Lubricants Inspection Act  of 2001.”  
(Amended 2008)  
Section 15.  Effective Date 
 
This Act shall become effective on August 1,  2015 2016.  
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 A.  Uniform Packaging and Labeling Regulation  
 
as adopted by  
The National Conference on Weights and Measures*  
1.  Background  
 
The Uniform Packaging and Labeling Regulation was first adopted during the 37th Annual Meeting of the National 
Conference on Weights and Measures (NCWM) in 1952.  Reporting to the Conference, the Committee on 
Legislati on stated:  
 
The National Conference should adopt a model package regulation for the guidance of those states authorized to 
adopt such a regulation under provisions of their weights and measures laws.  Since so much of the work of weights 
and measures offic ials in the package field concerns food products, the importance of uniformity between the 
Federal (FDA) regulations and any model regulations to be adopted by this Conference cannot be overemphasized.  
 
Since its inception, the Uniform Packaging and Labeli ng Regulation has been continually revised to meet the 
complexities of an enormous expansion in the packaging industry –  an expansion that, in late 1966, brought about 
the passage of the Fair Packaging and Labeling Act (FPLA).  Recognizing the need for com patibility with the 
Federal Act, in 1968 the Committee on Laws and Regulations of the 53rd Annual Meeting of the National 
Conference amended the “Model Packaging and Labeling Regulation” (renamed in 1983) to parallel regulations adopted by federal agencies  under FPLA.  The process of amending and revising this Regulation is a continuing one 
in order to keep it current with practices in the packaging field and make it compatible with appropriate federal regulations.  Amendments and additions since 1971 are noted at the end of each section.  
 The revision of 1978 provided for the use of the metric system (SI) on labels as well as allowing SI -only labels for 
those commodities not covered by federal laws or regulations.  “SI” means the International System of Uni ts as 
established in 1960 by the General Conference on Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce.  [See the “Interpretation of the International System of Units for the United States” in the “Federa l Register” (Volume 73, No.  96, pages  28432 to 28433) for May  16, 2008, and 15 United 
States Code, Section  205a - 205l “Metric Conversion.”  See also NIST Special Publication  330 “The International 
System of Units (SI)” 2008 edition  and NIST Special Public ation  811 “Guide for the Use of the International 
System of Units (SI)” 2008 edition  that are available at 
www.nist. gov/pml/wmd/index.cfm www.nist.gov/pml/wmd/
 or by contacting TheSI@nist.gov.]  In 1988, 
Congress amended the Metric Conversion Law to declare that it is the policy of the United States to designate the Interna tional System of Units of measurement as the preferred system of weights and measures for U.S. trade and 
commerce.  In 1992, Congress amended the  federal  FPLA  to require the most appropriate units of the SI and  the 
U.S. customary systems of measurement on certain consumer commodities.  The 1993 amendments to NIST 
Handbook 130 require SI and U.S. customary  units on certain consumer commodities in accordance with federal 
laws or regulations.  Requirements for labeling in both units of measure were effective February  14, 1994, under 
FPLA and as specified in Section 15 Effective Date; except as specified in Se ction  11.32. SI Units, Exemptions  for 
Consumer Commodities.  
 Nothing contained in this regulation should be construed to supersede any labeling requirement specified in federal law or to require the use of SI units on non -consumer packages.  
2.  Status of Promulgation  
 The table beginning on page  10, Section II. Uniformity of Laws and Regulations of Handbook 130 shows the status 
of adoption of the Uniform Packaging and Labeling Regulation.  
 *The National Conference on  Weights and Measures  (NCWM ) is supported by the National Institute of Standards 
and Technology  (NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”   Handbook 130 –  20152016  Uniform Packaging and Labeling Regulation  
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 Uniform Packaging and Labeling Regulation  
Preamble  
 
The purpose of this regulation is to provide accurate and adequate information on packages as to the identity and quantity of contents so that purchasers can make price and quantity comparisons.  
(Added 1989)  
Section 1.  Application  
 This regulation shall apply to packages, but shall not apply to:  
 
(a) inner wrappings  not intended to be individually sold to the customer;  
 (b) shipping containers  or wrapping used solely for the transportation of any commodities in bulk or in 
quantity to manufacturers, packers, or processors, or to wholesale or retail distributors, but in no event shall this exclusion a pply to packages of consumer or non- consumer commodities as defined herein;  
(Added 1971)  
 
(c) auxiliary containers  or outer wrappings used to deliver packages of such commodities to retail customers if 
such containers or wrappings be ar no printed matter pertaining to any particular commodity;  
 
(d) containers  used for retail tray pack displays when the container itself is not intended to be sold (e.g., the 
tray that is used to display individual e nvelopes of seasonings, gravies, etc., and the tray itself is not 
intended to be sold);  
 
(e) open carriers and transparent wrappers  or carriers for containers when the wrappers or carriers do not bear 
any written, printed, or graphic matter obscuring the label information required by this regulation; or  
 
(f) packages intended for export to foreign countries.  
(Amended 1994 and 1998)  
Sectio n 2.  Definitions  
 
2.1.  Package.  – Except as modified by Section  1. Application, the term “package,” whether standard package or 
random package, means any commodity:  
 
(a) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale ; or 
 
(b) whose weight [NOTE 1, page 6157] or measure has been determined in advance of wholesale or retail sale.  An 
individual item or lot of any commodity on which there is marked a selling price based on an established 
price per unit of weight or of measure shall be considered a package or packages.  
(Amended 1988 and 1991)  
 
NOTE  1:  When used in this regulation, the term “weight” means “mass.”  (See paragraphs  UL. “Mass” and 
“Weight” in Section  I. Introduction of NIST Handbook  130 for an explanation of these terms.)  
 
2.2.  Consumer Package of Consumer Commodity.   – A package that is custo marily produced or distributed for 
sale through retail sales agencies or instrumentalities for consumption or use by individuals for the purposes of 
personal care or in the performance of services ordinarily rendered in or about the household or in connect ion with 
personal possessions.  
(Amended 1988 and 1991)  
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 2.3.  Non -consumer Package:  Package of Non -consumer Commodity.  – Any package other than a consumer 
package, and particularly a packag e intended solely for industrial or institutional use or for wholesale distribution.  
(Amended 1988 and 1991)  
 
2.4.  Random Package.  – A package that is one of a lot, shipment, or delivery of packages of the same consumer 
commodity with no fixed pattern of net contents.  
(Amended 1988 and 1990)  
 2.5.  Label.  – Any written, printed, or graphic matter affixed to, applied to,  attached to, blown into, formed, molded 
into, embossed on, or appearing upon or adjacent to a consumer commodity , or a package containing any consumer 
commodity, for purposes of branding, identifying, or giving any information with respect to the commodit y or to the 
contents of the package, except that an inspector’s tag or other non- promotional matter affixed to or appearing upon 
a consumer commodity shall not be considered a label requiring the repetition of label information required by this regulation.  
(Amended 1988)  
 
2.6.  Person.  – The term “person” means either singular or plural and shall include any individual, partnership, 
company, corporation, association, or society.  
(Amended 1988)  
 
2.7.  Principal Display Panel or Pan els. – That part, or those parts, of a label that is, or are, so designed as to most 
likely be displayed, presented, shown, or exami ned under normal and customary conditions of display and purchase.  
Wherever a principal display panel appears more than once on a package, all requirements pertaining to the 
“principal display panel” shall pertain to all such “principal display panels.”  
(Amended 1988)  
 
2.8.  Multi -unit Package.  – A package containing two or more individual packages of the same commodity, in the 
same quantity, intended to be sold as a  multi -unit package, but where the component packages are labeled 
individually in full compliance with all requirements of this regulation.  
(Amended 1988)  
 2.9.  Combination Package.  – A package intended for retail sale, containing two or more individual packages or 
units of dissimilar commodities.  
 
Examples : 
An antiquing or housecleaning kit ; 
sponge and cleaner ; 
lighter fluid and flints . 
(Added 1989)  
 
2.10.  Variety Package.  – A package intended for retail sale, containing two or more individual packages or units of 
similar, but not identical, commodities.  Commodities that are generically the same, but that differ in weight, 
measure, volume, appearance, or quality, are considered similar , but not identical.  
 
Examples : 
Twotwo sponges of different sizes ; 
plastic tableware, consisting of 4 spoons, 4 knives, and 4 forks . 
(Added 1989)  
 
2.11.  Petroleum Products.  – Gasoline, diesel fuel , kerosene, or any product (whether or not such a product is 
actually derived from naturally occurring hydrocarbon mixtures known as “petroleum”) commonly used in 
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 Therefore, sewing machine lubrican t, camping fuels , and synthetic motor oil are “petroleum products”  for the 
purposes of this regulation.  Brake fluid, copier machine dispersant , antifreeze , cleaning solvents , and alcohol  are 
not “petroleum products.”  
(Added 1987) (Amended 1988)  
 
2.12.  Sp ot Label.  – A spot label is a label clearly defined by means 
of a border, indentation, or other means that covers only a small 
portion of the surface of a principal display panel of a package; the 
entire port ion of the principal display panel outside the area of the 
label contains no printed or graphic matter of any kind.  A spot label 
may contain all required labeling information (identity, responsibility, 
and net contents), but it must at least indicate the identity and net contents.  See Section  11.29. Spot Label for net contents placement 
exemption for a spot label.  
(Added 1990) (Amended 1991)  
 
2.13.   Header Strip.  – A header label or header strip is a label that is attached across the top of a transparent or 
opaque bag or other container that bears no other printed or graphic material.  See Section 11.30. Header Strip for 
net contents placement exemptions.  
(Added 1990)   
 
2.14.  Standard Package.  – A package that is one of a lot, shipment, 
or delivery of packages of the same commodity with identical net 
contents declarations.  
 
Examples : 
1 L bottles or 12  fl oz cans of carbonated soda , 
500 g or 5  lb bags of sugar , or 
100 m packages of rope 
(Added 1991)  
2.15.  SI or SI Units.  – SI or SI Units means the International System of Units as established in 1960 by t he General 
Conference on Weights and Measures and interpreted or modified for the United States by the Secretary of 
Commerce.  See the “Interpretation of the International System of Units for the United States” in the “Federal 
Register ” (Volume  73, No.  96, pages  28432 to 28433) for May  16, 2008, and 15 United States Code, Section  205a  -
 2051 “Metric Conversion.”  See also NIST Special Publication 330, The International System of Units (SI) , 
2008 edition  and NIST Special Publication  811, Guide for the Use of  the International System of Units (SI) , 
2008 edition  that are available at www.nist.gov/pml/wmd/index.cfm www.nist.gov/pml/wmd/  or by contact ing 
TheSI@nist.gov . 
(Added 1993)  
Section 3.  Declaration of Identity: Consumer Package  
 
3.1.  Declaration of Identity:  Consumer Package.  – A separate declaration of identity [NOTE 2, page 6460] on a 
consumer package shall appear on the principal display panel and shall not be misleading or deceptive.  The identity 
shall be in terms of:  
 
(a) the name specified in or required by any applicable federal or state law or regulation or, in the absence of 
this; 
 (b) the common or usual name or, in the absence of this ; 
 
(c) the generic name or other appropriate description, including a statement of function (such as “cleaning 
powder”).  Identity
Spot LabelNet Quantity
 
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 (Amended 1990) (Note added 1986)  
 
NOTE  2:  Section  19.(a) of the Uniform Weights and Measures Law (and 21 CFR  101.100  (b) (3) for non- meat  and 
non-poultry  foods) specifically exempts food packages from identity statements if the com modity is a food, other 
than meat or poultry, that was repackaged in a retail establishment and the food is displayed to the purchaser under 
either of the following circumstances:  “(1)  its interstate labeling is clearly in view or with a counter card, sig n, or 
other appropriate device bearing prominently and conspicuously the common or usual name of the food, or (2)  the 
common or usual name of the food is clearly revealed by its appearance.”  
(Added 1986) (Amended 2001)  
 
3.1.1.  Parallel Identity Declaration:  Consumer Package.  – A declaration of the identity on a consumer 
package shall appear generally parallel to the base  on which the package rests as it is designed to be 
displayed.  
 
Section  4.  Declaration of Identity:  Non -consumer Package  
 
A declaration of identity [NOTE  2, page 6460] on a non -consumer package shall appear on the outs ide of a package and 
shall not be misleading or deceptive.  The identity shall be in terms of:  
 
(a) the name specified in or required by any applicable federal or state law or regulation or, in the absence of 
this; 
 
(b) the common or usual name or, in the absence of this ; 
 (c) the generic name or other appropriate description, including a statement of function (such as “cleaning powder”).  
(Amended 1990) (Note added 1986)  
 
Section  5.  Declaration of Responsibility:  Consumer and Non -consumer Packages  
 
Any package kept, offered, or exposed for sale, or sold at any place other than on the premises where packed shall 
specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor.  The name shall be t he actual corporate name, or, when not incorporated, the name under which the business is 
conducted.  The address shall include street address, city, state (or country if outside the United States), and ZIP Code (or the mailing code, if any, used in countr ies other than the United States); however, the street address may be 
omitted if this is shown in a current city directory or telephone directory.  
 If a person manufactures, packs, or distributes a commodity at a place other than his principal place of bus iness, the 
label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless such statement would be misleading.  Where the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals 
the connection such person has with such commodity, such as “Manufactured for and packed by  __________,” 
“Distributed by  __________,” or any other wording of similar import that expresses the facts.  
 
Section  6.  Declaration of Quantity:  Consumer Packages  
 
6.1.  General.  [NOTE 3, page 6460] – The International System of Units (SI), known as the metric system and the U.S. 
customary  system of weights and measures are recognized as proper systems to be used in the declaration of 
quantity.  Effective February 14, 1994, appropriate units of both systems shall be presented in a declar ation of 
quantity except as specified in Section 11.32. SI Units, Exemptions for Consumer Commodities and Section 11.33 
U.S. Customary  Units, Exemptions - Consumer Commodities.  
(Amended 1985, 1990, 1993, and 1999)  
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 NOTE  3:  Packages subject to this Section and/or the Federal Fair Packaging and Labeling Act  shall be labeled in 
units of the International System of Units (SI) and the U.S. customary  system of measure effective 
February  14, 1994, [except for seed (see Section  10.10. Packaged Seed) and camera film and recording tape (see 
Section  11.22. Camera Film, Video Recording Tape, Audio Recording Tape and Other Image and Audio Recording 
Media Int ended for Retail Sale and Consumer Use), and as specified in Section 11.32. SI Units, Exemptions -  
Consumer Commodities].  SI units may appear first.  
(Added 1982) (Amended 1990 and 1993)  
 
6.2.  Largest Whole Unit.  – Where this regulation requires that the quantity declaration be in terms of the largest 
whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight 
or measure with any remaind er expressed (following the requirements of Section  6.5.2. (a) Fractions  and 
Section  6.11. Fractions):  
 
(a) SI Units . – in decimal fractions  of such largest whole unit.  
 
(b) U.S. Customary  Units .   
 
(1) in common or decimal fractions of such largest whole unit ; or 
 (2) in the next smaller whole unit or units with any further remainder in terms of common or decimal fractions of the smallest unit present in the quantity declaration.  
 
6.3.  Net Quantity.  – A declaration of net quantity of the commodity in the package, exclusive of wrappers and any 
other material packed with  such commodity (except as noted in Section 10.3. Aerosols  and Other Pre -pressurized 
Containers  Dispensing Product Under Pressure ), shall appear on the principal display panel of  a consumer package 
and, unless otherwise specified in this regulation (see Sections  6.6. Prescribed Units, SI, through  6.9. Bi-dimensional 
Commodities ), shall be in terms of the largest whole unit.  
 
6.3.1.  Use of “Net Mass” or “Net Weight.” – A quantity declaration may stand alone [e.g., “200 g (7 oz)” or 
“1 lb (453 g)”] or may include the term “net mass” or “net weight” either preceding or following the 
declaration.  The term “net” by itself may be used on food labels.  However, the quantity of contents shall 
always declare the net quantity of contents even when such terms are not used.  
(Amended 1993)  
 
6.3.2.  Lines of Print or Type.  – A declaration of quantity may appear on one or more lines of print or type.  
(Amended 1982)  
  
6.4.  Terms:  Weight, Measure, Volume, or Count.  – The declaration of the quantity  of a particular commodity 
shall be expressed in terms of  Table 6.4. Weight, Measure, Volume or Count : 
 
(a) weight if the commodity is solid , semisolid , viscous , or a mixture of solid and liquid;  
 
(b)  volume measure if the commodity is liquid or dry, if the commodity is dry;  
 
(c) linear measure or area;  or 
 
(d) numerical count . 
Table 6.4.  
Weight, Measure, Volume, or Count  
If the commodity is:  The declaration of the quantity of a particular 
commodity shall be expressed in terms of:  
(a) solid, semisolid, viscous, or a mixture of solid 
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 (b) liquid  fluid volume measure  
(c) dry dry measure  
(d) or labeled by linear measure or area  linear measure or area  
(e) or labeled by numerical units (count ) numerical count  
 
However, if there exists a firmly established general consumer usage  and trade custom with respect to the terms used 
in expressing a declaration of quantity of a particular commodity, s uch a declaration of quantity may be expressed in 
its traditional terms, provided such traditional declaration gives accurate and adequate information as to the quantity 
of the commodity.  Any net content statement that does not permit price and quantity c omparisons is forbidden.  
(Amended 1989 and 2015)  
 
6.4.1.  Combination Declaration . 
 
(a) A declaration of quantity in terms of weight or volume shall be combined with appropriate declarations 
of the measure, count, and size of the individual units unless a declaration of weight alone is fully 
informative.  
 
(b) A declaration of quantity in terms of measure shall be combined with appropriate declarations of the 
weight, volume,  count, and size of the individual units un less a declaration of measure alone is fully 
informative.  
 (c) A declaration of quantity in terms of count shall be combined with appropriate declarations of the weight, volume,  measure, and size of the individual units unless a declaration of count alone is fully 
informative.  
(Added 1971)  
 
6.5.  SI Units:  Mass, Measure.  [NOTE  3, page 6460] – A declaration of quantity  shall be expressed in terms of Table 6.5. 
SI Units:  Mass, Measure, and the requirements in 6.5.(f) , (g),  and (h) : 
 
(a) in units of mass shall be the kilogram, gram, or milligram;  
 
(b) in units of liquid measure shall be the liter or milliliter and shall express the volume at 20  °C, except in the 
case of petroleum products or distilled spirits , for which the declaration shall express the volume at 
15.6 °C, and except also in the case of a commodity that is normally sold and consumed while frozen, for 
which the declaration shall express the volume at the frozen temperature, and except also in the case of 
malt beverages  or a commodity that must be maintained in the refrigerated state, for which the declaration 
shall express the volume at 4  °C; 
(Amended 1985 and 1990)  
 
(c) in units of linear measure shall be the meter, centimeter, or millimeter;  
 
(d) in units of area  measure shall be the square meter, square decimeters, square centimeter, or square 
millime ter; 
 
(e) in units of volume other than liquid measure shall be the liter and milliliter, except that the units cubic 
meter and cubic centimeter shall be used only when specifically designated as a method of sale;  
Table 6.5.  
SI Units:  Mass, Measure  
If a declaration of quantity is in units of:  The units shall be in:  
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 (b) liquid measure  liter or milliliter and  shall express the volume at 
20 °C, except for:  
 
(1) petroleum products or distilled spirits for 
which the declaration shall express the 
volume at 15.6 °C;  
 
(2) a commodity that is normally sold and 
consumed while frozen for which the 
declaration shall express th e volume at the 
frozen temperature ; and 
 
(3) malt beverages or a commodity that must be 
maintained in the refrigerated state for which 
the declaration shall express the volume at 
4 °C. 
(c) linear measure  meter, centimeter, or millimeter  
(d) area measure  square meter, square decimeter, square centimeter, 
or square millimeter  
(e) volume other than liquid measure  liter or milliliter, except that units cubic meter and 
cubic centimeter shall be used only when 
specifically designated as a method of sale  
 
(f) Rule of 1000. –  The selected multiple or submultiple prefixes for SI units shall result in numerical values 
between 1 and 1000.  This rule allows centimeters or millimeters to be used where a length declaration is less than 100 centime ters. 
 
Examples : 
500 g, not 0.5 kg ; 
1.96 kg, not 1960 g ; 
750 mL, not 0.75 L ; or 
750 mm or 75  cm, not 0.75 m  
(Added 1993)  
(g) SI declarations should be shown in three digits except where the quantity is below 100 grams, milliliters, 
centimeters, square centimeters, or cubic centimeters, where it may be shown in two digits.  In either case, any final zero appearing to the right of the decimal point need not be shown; and  
(Added 1993)   
 
(h) the declaration of net quantity of contents shall not be expressed in mixed units.  
 
Example :   
1.5 kg, not 1  kg 500  g 
(Added 1993)  
(Amended 2015)  
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 6.5.1.  Symbols.  – Any of the following symbols for SI units, and none other, may be employed in the quantity 
statement on a package of commodity:  
 
centimeter  cm cubic meter  m3 
cubic centimeter  cm3 kilogram  kg 
meter  m gram  g 
milligram  mg millimeter  mm 
liter L or l  square meter  m2 
milliliter  mL or ml  cubic decimeter  dm3 
square centimeter  cm2 square decimeter  dm2 
micrometer  µm microgram  µg or mcg  
 
(a) Symbols [NOTE 4, page 6763], except for liter, are not capitalized unless the unit is derived from a proper 
name.  Periods shall not be used after the symbol.  Symbols shall always be written in the singular 
form.  Adding “s” to an SI symbol to expr ess the plural of the symbol is prohibited.  
 
(b) The “L” symbol and the “mL” symbol are preferred; however, the “l” symbol for liter and “ml” 
symbol for milliliter are permitted.  
(Amended 1980 and 1993)  
 
NOTE  4:  The “e” mark shall not be considered to be a qualifying word or phrase and may be used as part of the 
statement of the net quantity of contents where warranted.  When used, the “e” mark shall be at least 3 mm 
(approximately ⅛  in) in height.  The term “e” mark refers to the symbol “e” used in connection with the quantity 
declarations on labels of some consumer commodities marketed primarily in the European Union (EU)  and South 
Africa .  The “e” mark constitutes a representation by the packer or importer that the package to which it is applied 
has been filled in accordance with the average system of quantity specified by the EU.  The average system is a 
method of declaring package fill in the EU and other countries of the world, including the United States . 
(Added 1993)  
 
6.5.2.  Fractions and Pref ixes. 
 
(a) Fractions:  An SI statement in a declaration of net quantity of contents of any consumer commodity 
may contain only decimal fractions.  
 
(b) Prefixes:  The following chart indicates SI prefixes that may be used on a broad range of consumer 
commodity labels to form multiples and submultiples of SI units: 
 
Prefix  Symbol  Multiplying  
Factor*  
kilo- k x× 103 
deka -** da x× 10   
deci-** d x× 10-1 
centi -*** c x× 10-2 
milli - m x× 10-3 
micro -**** µ x× 10-6 
   
*102 = 100; 103 = 1000; 10-1 = 0.1; 10-2 = 0.01  
 Thus, 2 kg = 2 x × 1000 g = 2000 g and 3 cm = 3 x× 0.01 m = 
0.03 m 
**Not permitted on food labels.  
***Should only be used with “meter.”  
****Shall only be used for measurements less than 1  mm. 
(Amended 1993)  
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 6.6.  Prescribed Units, SI . [NOTE 3, page 6460] 
 
6.6.1.  Less than 1 Meter, 1  Square Meter, 1  Kilogram, 1  Cubic Meter, or 1  Liter.  – The declaration of 
quantity shall be expressed as follows : 
 
(a) length measure of less than 1 meter:  in centimeters or millimeters; 
(Amended 1979)  
 (b) area measure of less than 1 m
2:  in square decimeters and decimal fractions of a square decimeter or in 
square centimeters and decimal fractions of a square centimeter;  
 (c) mass of less than 1 kg:  in grams and decimal fractions of a gram, but if less than 1 g, then in 
milligrams ; 
 (d) liquid or dry measure  of less than 1  L:  in milliliters; and 
 (e) cubic measure  less than 1  m
3:  in cubic centimeters or cubic decimeters (liters ); 
(Added 1993)  
 
provided the quantity declaration appearing on a random mass package may be expressed in units of decimal 
fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal places.  
(Amended 1980 and 1993)  
 
6.6.2.  One Meter, 1  Square Meter, 1  Kilogram, 1  Liter, 1  Cubic Meter, or More.  – In the case of : 
 
(a) length measure of 1 m or more:  in meters and decimal fractions to not more than three places;  
 (b) area measure of 1  m
2 or more:  in square meters and decimal fractions to not more than three places;  
 (c) mass of 1  kg or more:  in kilograms and decimal fractions to not more than three places;  
 (d) liquid or dry measure of 1 L or more:  in liters and decimal fractions to no t more than three places;  and 
(Added 1986) (Amended 1993)  
 (e) cubic measure of 1 m
3 or more:  in cubic meters and decimal fractions to not more than three places .  
(Added 1993)  
 
6.7.  U.S. Customary  Units:  Weight, Measure.  – A declaration of quantity :  shall be expressed in terms of Table 
6.7. U.S. Custom ary Units :  Weight, Measure:   
 
(a) in units of weight shall be in terms of the avoirdupois pound or ounce ; 
 
(b) in units of liquid measure shall be in terms of the United States gallon  of 231 in3 or liquid quart, liquid pint, 
or fluid -ounce subdivisions of the gallon and shall express the volume at 68 °F, except in the case of 
petroleum products and distilled spirits , for which the declaration shall express the volume at 60 °F, and 
except also in the case of a commodity that is normally sold and consumed while frozen, for which the 
declaration shall express the volume at the frozen temperature, and except also in the c ase of a commodity 
that must be maintained in the refrigerated state, for which the declaration shall express the volume at 
40 °F, and except also in the case of malt beverages, for which the declaration shall express the volume at 
39.1 °F; 
(Amended 1985 a nd 1990)  
 
(c) in units of linear measure shall be in terms of the yard, foot, or inch;  
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 (d) in units of area measure shall be in terms of the square yard, square foot, or square inch;  
 
(e) in units of volume measure shall be in terms of the cubic yard, cubic foot, or cubic inch;  and 
 
(f) in units of dry measure shall be in terms of the United States bushel of 2150.42 in3, or peck, dry quart, and 
dry pint subdivisions of the bushel.  
Table 6.7.  
U.S. Customary Units:  Weight, Measure  
If a declaration of quantity is in units of: The unit shall be in:  
(a) weight  avoirdupois pound or ounce  
(b) liquid measure  U.S. gallon of 231  in3 or liquid quart, liquid pint, or 
fluid -ounce subdivisions of the gallon and shall express 
the volume at 68 °F, except in case of:  
  
(1) petroleum  products or distilled spirits for which 
the declaration shall express the volume at 
60 °F; 
 
(2) a commodity that is normally sold and 
consumed while frozen for which the declaration 
shall expr ess the volume at the frozen 
temperature;  
 
(3) a commodity that must be maintained in the 
refrigerated state for which the declaration shall 
express the volume at 40 °F; and  
  
(1) malt beverages for which the declaration shall 
express the volume at 39.1  °F. 
(c)  linear measure  yard, foot, or inch  
(d) area measure  square yard, square foot, or cubic inch  
(e) volume measure  cubic yard, cubic foot, or cubic inch  
(f) dry measure  U.S. bushel of 2150.42 in3, or peck, dry quart, and dry 
pint subdivisions of the bushel  
(Amended 2015)  
 
6.7.1.  Symbols and Abbreviations.  – Any of the following symbols and abbreviations, and none other, shall 
be employed in the quantity statement on a package of commodity:  
 
avoirdupois  avdp  ounce  oz 
piece  pc count  ct 
pint pt cubic  cu 
pound  lb each ea 
feet or foot  ft quart  qt 
fluid  fl square  sq 
gallon  gal weight  wt 
inch in yard yd 
liquid  liq drained  dr 
diameter  dia   
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 A period should not be used after the abbreviation.  Abbreviations should be written in singular form; and “s” 
should not be added to express the plural.  (For example, “oz” is the symbol for both “ounce” and “ounces.”)  
Both upper and lower case letters are accept able.  
(Added 1974) (Amended 1980, 1990, and 1993)  
 
6.7.2.  Units of Two or More Meanings.  – When the term “ounce” is employed in a declaration of liquid 
quantity, the declaration shall iden tify the particular meaning of the term by the use of the term “fluid;” 
however, such distinction may be omitted when, by association of terms (for example, as in “1 pint 4  ounces”), 
the proper meaning is obvious.  Whenever the declaration of quantity is i n terms of the dry pint or dry quart, the 
declaration shall include the word “dry.”  
(Amended 1982)  
 6.8.  Prescribed Units, U.S. Customary  System.   
 
6.8.1.  Less than 1 foot, 1 square foot, 1 pound, or 1  pint.  – The declaration of quantity shall be expressed in 
the following terms: 
 
(a) in the case of length measure of less than 1 ft, in inches and fractions of inches;  
 
(b) in the case of area measure of less than 1 ft
2, in square inches and fractions of square inches;  
 
(c) in the case of weight of less than 1 lb, in ounces and fractions of ounces;  and  
 
(d) in the case of liquid measure of less than 1 pt, in fluid ounces and fractions of fluid ounces,  provided, 
the quantity declaration appearing on a random packa ge may be expressed in terms of decimal 
fractions of the largest appropriate unit, the fraction being carried out to not more than three decimal 
places.  
(Amended 1984)  
 
6.8.2.  One  Foot, 1 Square Foot, 1  Pound, 1  Pint, 1  Gallon , or More.  – The declaration of quantity shall be 
expressed in the following terms (see Section  6.2. Largest Whole Unit and Section 6.11. Fractions):  
 
(a) Linear Measure.  – If 1 ft or more, expressed in terms of the largest whole unit (a yard or a foot)  with 
any remainder expressed in inches and fractions of the inch or in fractions of the foot or yard, except 
that it shall be optional to include a statement of length in terms of inches.  
 
(b) Area Measure.   
 
(1) If 1 ft2 or more, but less than 4 ft2, expressed in  square feet  with any remainder expressed in 
square inches and fractions of a square inch or in fractions of a square foot;  and 
 (2) If 4 ft
2 or more, expressed in terms of the largest whole unit (e.g., square yards or square feet) with 
any re mainder expressed in square inches and fractions of a square inch or in fractions of the 
square foot or square yard.  
 
(c) Weight . – If 1 lb or more, expressed in terms of the largest whole unit with any remainder expressed in 
ounces and fractions of an ounce or in fractions of the pound.  
 
(d) Liquid Volume .  
 
(1) If 1 pt or more, but less than 1 gal, expressed in th e largest whole unit (quarts, quarts and pints, or 
pints, as appropriate) with any remainder expressed in fluid ounces or fractions of the pint or 
quart, except that 2  qt may be declared as ½  gal, and it shall be optional to include an addit ional 
expression of net quantity in fluid ounces; or  
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 (2) If 1 gal or more, expressed in terms of the largest whole unit (gallons followed by fractions of a 
gallon or by the next smaller whole unit or units [for example, quarts and pints]) with any 
remaind er expressed in fluid ounces or fractions of the pint or quart, except that it shall be optional 
to include an additional expression of net quantity in fluid ounces.  
 
(e) Dry Measure.  – If 1 dry pt or more, expressed in terms of the large st whole unit with the remainder 
expressed in fractions of a dry pint, dry quart, peck, or bushel, provided the quantity declaration on a 
random package may be expressed in decimal fractions of the largest appropriate unit carried out to not 
more than thre e decimal places.  
(Amended 1993)  
 
6.9.  Bi -dimensional Commodities.  – For bi -dimensional commodities  (including roll -type commodities ) the 
quantity declaration shall be expressed in both SI and U. S. customary  units of measurement as follows:  
 
(a) if the area is less than 929  cm2 (1 ft2), in terms of length and width (expressed in the largest whole unit for 
SI and in linear inches and fractions of linear inches for U.S. customary ); 
 
Example :   
20.3 cm x× 25.4 cm (8  in x× 10 in);) 
 
(b) if the area is at least 929  cm2 (1 ft2), but less than 37.1  dm2 (4 ft2), in terms of area (expressed in the largest 
whole unit for SI and in square inches for U.S. customary ), followed by a declaration of the length and 
width in terms of the largest whole unit : 
 
Example :   
31 dm2 (49 cm x× 64 cm) 3.36 ft2 (1.6 ft x× 2.1 ft), provided:  
 
(1) bi-dimensional commodities having a width of 10 cm (4  in) or less, the declaration of net quantity shall 
be expressed in terms of width and length in linear measure; no declaration of area is required;  
 (2) an U.S. customary  dimension of less than 2  ft may be stated in inches ; 
 (3) commodities consisting of usable individual units (e.g., paper napkins ) require a declaration of unit 
area but not a declaration of total area of all such units (except roll -type commodities with individual 
usable units created by perforations, for which see Section 6.10. Count:  Ply ); and 
 (4) U.S. customary  declarations may include after the statement of the linear dimensions in the largest 
whole unit a parenthetical declaration of the same dimensions in inches . 
 
Example :   
25 ft2 (12 in x× 8.33 yd) (12  in x× 300 in).) 
 
(c) if the area is 37.1  dm2 (4 ft2) or mor e, in terms of area (expressed in the largest whole unit for SI and in 
square feet for U.S. customary ), followed by a declaration of the length and width, in terms of the largest 
whole unit, provided:  
 
(1) no declaration of area is required for a bi -dimensiona l commodity with a width of 10 cm (4  in) or less ; 
 (2) bi-dimensional commodities with a width of 10 cm (4  in) or less, the U.S. customary  statement of 
width shall be expressed in terms of linear inches and fractions thereof, and length shall be expressed 
in the largest whole unit (yard or foot) with any remainder in terms of fractions of the yard or foot, 
except that it shall be optional to express the length in the largest whole unit followed by a statement of 
length in inches or to express the length in inches followed by a statement of length in the largest whole unit ; 
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   Examples : 
5 cm x × 9.14 m (2 in x × 10 yd ); or) 
5 cm x × 9.14 m (2 in x × 10 yd) (360 in); or) 
5 cm x × 9.14 m (2 in x × 360 in) (10 yd). ) 
 
(3) an U.S. customary  dimension of less than 2 ft may be stated in inches ; and 
 
(d) no declaration of area is required for commodities for which the length and width measurements are critical in terms of end use (such as wallpaper border) if such commodities clearly present the length and width 
measurements on the label.  
 6.10.  Count:  Ply.  – If the commodity is in individually usable units of one or more components or plies, the 
quantity declaration shall, in addition to complying with other applicable quantity declaration requirements of this  
regulation, include the number of plies and total number of usable units.  
 Roll type commodities, when perforated so as to identify individual usable units, shall not be deemed to be made up 
of usable units; however, such roll type commodities shall be la beled in terms of:  
 
(a) total area measurement ; 
 
(b) number of plies ; 
 (c) count of usable units ; and 
 
(d) dimensions of a single usable unit.  
 (Amended 1988)  
 6.11.  Fractions.  
 
(a) U.S. Customary :  An U.S. customary  unit statement of net quantity of contents of any consumer  
commodity may contain common or decimal fractions.  A common fraction  shall be in terms of halves, 
quarters, eighths, sixteenths, or thirty -seconds, except that:  
 
(1) if there exists a firmly established general consumer usage and tra de custom of employing different 
common fractions in the net quantity declaration of a particular commodity, they may be employed; and 
 
(2) if linear measurements are required in terms of yards or feet, common fractions may be in terms of 
thirds.  
 
(b) Common fract ions:   A common fraction shall be reduced to its lowest term.  
 
 Example :   
2/4 becomes ½  
 
(c) Decimal fractions:  A decimal fraction shall not be carried out to more than three places.  
(Amended 1986 and 1993)  
 
6.12.  Supplementary Quantity Declarations.  – The required quantity declaration may be supplemented by one or 
more declarations of weight, measure, or count, such declaration appearing other than on a principal display panel.  
Such supplemental statement of quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount  of commodity contained in the package (e.g., “giant”  quart, “larger” 
liter, “full” gallon, “when packed,” “minimum,” or words of similar import).  
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 6.13.  Rounding.  [NOTE 5, page 7269] – In all co nversions for the purpose of showing an equivalent SI or U.S. customary  
quantity to a rounded U.S. customary  or SI quantity, or in calculated values to be declared in the net quantity 
statement, the number of significant digits retained must be such that a ccuracy is neither sacrificed nor exaggerated.  
Conversions, the proper use of significant digits, and rounding must be based on the packer’s knowledge of the 
accuracy of the original measurement that is being converted.  In no case shall rounded net conte nts declarations 
overstate a quantity; the packer may round converted values down to avoid overstating the net contents.  
(Amended 1993)  
 NOTE  5:  When as a result of rounding SI or U.S. customary  declarations the resulting declarations are not exact, 
the largest declaration (either metric or U.S. customary ) will be used for enforcement purposes to determine 
whether a package contains at least the declared amount of the product.  
 
6.14.  Q ualification of Declaration Prohibited.  – In no case shall any declaration of quantity be qualified by the 
addition of the words “when packed,” “minimum,” or “not less than”  or any words of similar import (e.g., 
“approximately”), nor shall any unit of weight, measure, or count be qualified by any term (such as “jumbo,”  
“giant ,” “ful l,” or the like) that tends to exaggerate the amount of commodity . 
(Amended 1998)  
 6.15.  Character of Declaration:  Average.  – The average quantity of contents in the packages of a particular lot, 
shipment, or delivery shal l at least equal the declared quantity, and no unreasonable shortage  in any package shall be 
permitted even though overages in other packages in the same shipment, delivery, or lot compensate for such 
shortage.  
(Added 1981)  
 
6.16.  Random Packages.  – A random weight package must bear a label conspicuously declaring:  
 
(a) the net weight ; 
 (b) unit price ; and 
 
(c) the total price.  
 
In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices 
at the time it is offered or exposed for sale at retail.  
(Added 1999)  
 
Section  7.  Declaration of Quantity:  Non -consumer Packages  
 
7.1.  General.  – The SI and U.S. customary  systems of weights and measures are recognized as proper systems to be 
used in the declaration of qua ntity.  Units of both systems may be combined in a dual declaration of 
quantity.  [NOTE 6, page 7369] (See Section  6.3. Net Quantity, and Section 6.3.1. Use of “Net Mass” or “Net Weight.”)  
 
NOTE  6:  Although non- consumer packages under this Regulation may bear SI declarations only, this Regulation 
should not be construed to supersede any labeling requirement specified in federal law.  
 
7.2.  Location.  – A non -consumer package shal l bear on the outside a declaration of the net quantity of contents.  
Such declaration shall be in terms of the largest whole unit (see Section  6.2. Largest Whole Unit; for small 
packages, see Section  11.16.  Small Packages).  
 
7.3.  Terms:  Weight, Liquid Measure, Dry Measure, or Count.  – The declaration of the quantity of a particular 
commodity shall be expressed in terms of liquid measure if the commodity is liquid , in terms of dry measure if the 
commodity is dry, in terms of weight if the commodity is solid, semisolid, viscous , or a mixture of solid and liquid, 
or in terms of numerical count.  However, if there exists a firmly established general consumer usage and trade Uniform Packaging and Labeling Regulation   Handbook 130 –  20152016  
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 custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such 
declaration of quantity may be expressed  in its traditional terms if such traditional declaration gives accurate and 
adequate information as to the quantity of the commodity.  
 
7.4.  SI Units:  Mass, Measure.  – A declaration of quantity:  
 
(a) in units of mass shall be in terms of the kilogram, gram, or milligram ; 
 
(b) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the volume at 20 °C, 
except in the case of petroleum products or distilled spirits , for which the decl aration shall express the 
volume at 15.6 °C, and except also in the case of a commodity that is normally sold and consumed while 
frozen, for which the declaration shall express the volume at the frozen temperature, and except also in the 
case of malt bever ages or a commodity that is normally sold in the refrigerated state, for which the 
declaration shall express the volume at 4 °C; 
(Amended 1985)  
 
(c) in units of linear measure shall be in terms of the meter, cen timeter, or millimeter; 
 
(d) in units of area measure shall be in terms of the square meter, square decimeter, square centimeter or square 
millimeter; 
 
(e) in units of volume other than liquid measure shall be in terms of the liter and milliliter, except that the 
terms cubic meter, cubic decimeter , and cubic centimeter will be used only when specifically designated as 
a method of sale ; 
 (f) Rule of 1000. – The selected multiple or submultiple prefixes for SI units shall result in numerical values 
between 1 and 1000.  This rule allows centimeters or millimeters to be used where a length declaration is 
less than 100 centimeters ; 
 
Examples : 
500 g, not 0.5 kg ; 
1.96 kg, not 1960 g ; 
750 mL, not 0.75 L ; or 
750 mm or 75 cm, not 0.75 m ; 
(Added 1993)  
 
(g) SI declarations should be shown in three digits except where the quantity is below 100 grams, milliliters, 
centimeters, square centimeters, or cubic centimeters where it can be shown in two digits.  In either case, 
any fina l zero appearing to the right of the decimal point need not be shown;  and 
(Added 1993)  
 
(h) the declaration of net quantity of contents shall not be expressed in mixed units.  
 
Example :   
1.5 kg, not 1 kg 500 g  
 
7.4.1.  Symbols.   – Only those symbols as detailed in Section  6.5.1. Symbols, and none other, may be employed 
in the quantity statement on a package of commodity.  
 
7.5.  U.S. Customary  Units:  Weight, Measure.  – A declaration of quantity:  
 
(a) in units of weight shall be in terms of the avoirdupois  pound or ounce;  
 
(b) in units of liquid measure shall be in terms of the United States gallon  of 231 cubic inches or l iquid quart, 
liquid pint, or fluid ounce subdivisions of the gallon and shall express the volume at 68 °F, except in the Handbook 130 –  20152016  Uniform Packaging and Labeling Regulation  
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 case of petroleum products or distilled spirits , for which t he declaration shall express the volume at 60 °F, 
and except also in the case of a commodity that is normally sold and consumed while frozen, for which the 
declaration shall express the volume at the frozen temperature, and except also in the case of a com modity 
that is normally sold in the refrigerated state, for which the declaration shall express the volume at 40 °F, 
and except also in the case of malt beverages, for which the declaration shall express the volume at 39.1 °F; 
(Amended 1985)  
 
(c) in units of l inear measure shall be in terms of the yard, foot, or inch;  
 
(d) in units of area measure shall be in terms of the square yard, square foot, or square inch;  
 
(e) in units of volume measure shall be in terms of the cubic yard, cubic foot, or cubic inch;  and 
 
(f) in uni ts of dry measure , shall be in terms of the United States bushel of 2150.42  in3, or peck, dry quart, and 
dry pint subdivisions of the bushel.  
 
7.5.1.  Symbols and Abbreviations.   – Any generally accepted symbol and abbreviation of a unit name may be 
employed in the quantity statement on a package of commodity.  (For commonly accepted symbols and abbreviations, see Section  6.7.1. Symbols and Abbreviations.)  
 
7.6.  Character of Decl aration:  Average.  – The average quantity of contents in the packages of a particular lot, 
shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage  in any package shall be 
permitted, even though overages in other packages in the same shipment, delivery, or lot compensate for such 
shortage.  
 
Section  8.  Prominence and Placement:  Consumer Packages  
 
8.1.  General.  – All information required to appear on a consumer package  shall appear thereon in the English 
language  and shall be prominent, definite, plain, and conspicuous as to size and style of letters  and numbers  and as 
to color of letters and numbers in contrast to color of background.  Any required infor mation that is either in hand 
lettering  or hand script  shall be entirely clear and equal to printing in legibility.  
 
8.1.1.  Location.  – The declaration or declarations of quantity of the contents of a package shall appear in the 
bottom 30 % of the principal display panel or panels.  For cylindrical containers , see also
Section  10.7.  Cylindrical Containers for a dditional requirements.  For small packages, see Section 11.16 . Small 
Packages.  
(Amended 1975)  
 
8.1.2.  Style of Type or Lettering.  – The declaration or declarations of quantity shall be in such a style of type 
or lettering a s to be boldly, clearly, and conspicuously presented with respect to other type, lettering, or graphic 
material on the package, except that a declaration of net quantity blown, formed, or molded on a glass or plastic 
surface is permissible when all label i nformation is blown, formed, or molded on the surface.  
 
8.1.3.  Color Contrast.  – The declaration or declarations of quantity shall be in a color that contrasts 
conspicuously with its background, except that a declaration of net quantity blown, formed, or molded on a 
glass or plastic surface shall not be required to be presented in a contrasting color if no required label 
information is on the surface in a contrasting color.  
 
8.1.4.  Free Area.  – The area surrounding the quantity declaration shall be free of printed information:  
 
(a) above and below, by a space equal to at least the height of the lettering in the declaration; and 
 
(b) to the left and right, by a space equal to t wice the width of the letter “N” of the style and size of type 
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8.1.5.  Parallel Quantity Declaration.  – The quantity declaration shall be presented in such a manner as to be 
generally parallel to the declaration of identity and to the base on which the package rests as it is designed to be 
displayed.  
 
8.2.  Calculation of Area of Principal Display Panel for Purposes of Type Size.  – The area of the principal 
display panel shall be:  
 
(a) in the case of a rectangular container , one entire side that properly can be considered to be the principal 
display panel, the product of the height times the width of that side;  
 
For Figure  3, the area of the principal display panel is 20 cm (8  in) x× 15 cm (6  in) = 300 cm2 (48 in2). 
 
  
 
Figure 3.  Calculation of the Area of the 
Principal Display Area of a 
Retangular Rectangular  Container   Figure 4.  Calculation of the Area of the 
Principal Display Area of a Rectangular 
Container  
 (b) in the case of a cylindrical or nearly cylindrical container, 40  % of the product of the height of the container 
times the circumference;  
 
For Figure  4, the area of the principal display panel  is: 
25 cm (10  in) x× 5 cm (2  in) = 125 cm (20  in2) x× 0.40 = 50 cm2 (8 in2) 
(see also Section  10.7. Cylindrical Containers ). 
 
The area of the principal display panel is the same in both examples.  The declaration of net quantity of 
contents must be of the same height in both cases.  It is not the size of the label that is used to determine the 
minimum type size of the quantity statement , but the size of the surface of the package exposed to view to 
the customer.  The package on the right side of the figure has a spot label (see Section  2.12. Spot Label and 
Section  11.29. Spot Label) ; and 
 
(c) in the case of any other shaped container, 40 % of the total surface of the container, unless such container 
presents an obvious principal display panel (e.g., the top of a triangular or circular package of cheese, or the 
top of a can of shoe polish), in which event the area shall consist of the entire such surface.  
 
Circumference
Height
Circumference
Height
 
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 Figure 5.  
 
Determination of the principal display panel shall exclude tops, bottoms, flanges at tops and bottoms of cans, and 
shoulders and necks of bottles or jars.  
 
8.2.1.  Minimum Height of Numbers and Letters.  – The height of any letter or number in the required 
quantity declaration shall be not less than that shown in Table  1 with respect to the area of the panel, and the 
height of each number of a common fraction shall meet one -half the minimum height standards.  When upper 
and lowercase or all lowercase letters are used, it is the lowercase “o” or its equivalent that shall meet the 
minimum height requirement.   When upper and lowercase or all lowercase letters are used in SI symbols, it i s 
the uppercase “L,” lowercase “d,” or their equivalent in the print or type that shall meet the minimum height requirement.  However, no letter shall be less than 1.6 mm (
1/16 in) in height.  Other letters and exponents must 
be presented in the same type style and in proportion to the type size used.  
(Amended 1993)  
 
8.2.2 .  Numbers and Letters:  Proportion.  – No number or letter shall be more than three times as high as it is 
wide.  
 
Table 1.   Minimum Height of Numbers and Letters  
Area of  
Principal Display Panel Minimum Height of 
Numbers and Letters  Minimum Height; Label Information Blown, 
Formed, or Molded on Surface of Container  
≤  32 cm2 
(5 in2) 1.6 mm  
(1/16 in) 3.2 mm  
(1/8 in) 
> 32 cm2 
(5 in2) ≤  161 cm2 (25 in2) 3.2 mm  
(1/8 in) 4.8 mm  
(3/16 in) 
> 161 cm2 
(25 in2) 
≤  645 cm2 
(100 in2) 4.8 mm  
(3/16 in) 6.4 mm  
(¼ in)  
> 645 cm2 
(100 in2)  ≤ 2581 cm2 (400 in2) 6.4 mm  
(¼ in)  7.9 mm  
(5/16 in) 
> 2581 cm2 
(400 in2) 12.7 mm  
(½ in)  14.3 mm  
(9/16 in) 
Symbols:   ≤ means less than or equal to; < means less than; > means greater than.  
NOTE:   The type size requirements specified in this table do not apply to the “e” mark [NOTE 4, page 6763]. 
Section 9.  Prominence and Placement:  Non -consumer Packages  
 
9.1.  General.  – All information required to appear on a non- consumer package  shall be definitely and clearly stated 
thereon in the English language .  Any required information that is  either in hand lettering  or hand script shall be 
entirely clear and equal to printing in legibility.  
 
Section  10.  Requirements:  Specific Consumer Commodities, Non -consumer Commodities , 
Packages, Containe rs  
(Title amended 1979)  
 
10.1.  Display Card Package.  – For an individual package affixed to a display card, or for a commodity and display 
card together comprising a package, the type size of the quantity declaration is governed by the dimensions of the 
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10.2.  Eggs.  – When cartons containing 12 eggs have been designed so as to permit division in half by the retail 
purchaser, the required quantity decl aration shall be so positioned as to have its context destroyed when the carton is 
divided.  
 
10.3.   Aerosols  and Other Pre- pressurized Containers  Dispensing Product Under Pressure . – The declaration 
of quantity on an aerosol  and on other pre -pressurized containers dispensing products under pressure shall disclose 
the net quantity of the commodity (including propellant , where applicable) in terms of weight  that will be expelled 
when the instructions for use as shown on the container are followed.  
Note:  Enforceable on packages using bag- on-valve (BOV) technology after January 1, 2018.  
(Amended 2014)  
 
10.4.  Multi -unit Packages.  [NOTE 7, page 7874] – Any package containing more than one individual “commodity in 
package form” (see Section  2.1. Package) of the same commodity shall bear on the outside of the package a 
declaration of:  
 
(a) the number of individual units ; 
 
(b) the quantity of each individual uni t; and 
 
(c) the total quantity of the contents of the multi -unit package.  
 
Example : 
Soap soap bars, 6 Bars, Net Wt 100 g (3.53 oz) each  
Total total Net Wt 600 g (1.32 lb).  
 
The term “total” or the phrase “total contents” may precede the quantity declaration.  
 
A multi -unit package containing unlabeled individual packages which are not intended for retail sale separate 
from the multi- unit package may contain, in lieu of the requirements of section (a), a declaration of quantity of 
contents expressing the total quantity of the multi -unit package without regard for inner packaging.  For such 
multi -unit packages it shall be optional to include a statement of the number of individual packages when such a 
statement is not otherwise required by the regulations.  
 
Examples : 
Deodorant Cakes  – 
5 Cakes cakes, Net  Wt 113 g (4 oz) each, Total Net  Wt 566 g (1.25 lb); or  
5 Cakes cakes, Total Net  Wt 566 g (1 lb 4 oz) 
 
Soap Packets  – 
10 Packets packets , Net  Wt 56.6 g (2 oz) each, Total Net  Wt 566 g (1.25 lb); or Net  Wt 566 g (1 lb 4 oz); or 
10 Packets packets , Total Net  Wt 566 g (1 lb 4 oz) 
(Amended 1993)  
 
NOTE  7:  For foods, a “multi -unit” package means a package containing two or more individually packaged units 
of the identical commodity in the same quantity, intended to be sold as par t of the multi- unit package but labeled to 
be individually sold in full compliance with this regulation.  Open multi -unit retail food packages  under the 
authority of the FDA  or the USDA  that do not obscure the number of units or prevent examination of the labeling on 
each of the individual units are not required to declare the number of individual units or the total quantity of 
contents of the multi- unit package if the labeling of each i ndividual unit complies with requirements so that it is 
capable of being sold individually.  (See also Section  11.11. Soft Drink Bottles and Section 11.12. Multi -Unit Soft-
Drink Bottles.)  
(Added 1984)  
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 10.5.  Combination Packages.  – A combination package is a package intended for retail sale, containing two or 
more individual packages or units of dissimilar commodities.  The declaration of net quantity for a combination 
package sha ll contain an expression of weight, volume, measure, or count or a combination thereof, as appropriate, 
for each individual package or unit, provided the quantity statements for identical packages or units shall be 
combined.  This section does not apply to  food or other commodities subject to the Federal Food, Drug, and 
Cosmetic Act (21  USC).  
 
Examples : 
Lighter Fluid and Flints – 
2 cans lighter fluid –  each 236 mL (8 fl oz)  
1 package –  8 flints  
 
Sponges and Cleaner –  
2 sponges –  each 10 cm x  × 15 cm x × 2.5 cm (4 in x × 6 in x × 1 in) 
1 box cleaner –  Net Mass 170  g (6 oz) 
 
Picnic Pack –  
20 spoons, 10 knives, and 10 forks  
10 2- ply napkins  25 cm x × 25 cm (10 in x × 10 in)  
10 cups – 177 mL (6  fl oz)  
(Amended 1993)  
 
10.6.  Variety Packages.   – A variety package is a package intended for retail sale, containing two or more 
individual packages or units of similar but not identical commodities.  Commodities that are generically the same 
but that differ in weight, measure, volum e, appearance, or quality are considered similar but not identical.  This 
section does not apply to foods or other commodities subject to the Federal Food, Drug, and Cosmetic Act 
(21 USC).  The declaration of net quantity for a variety package will be expr essed as follows:  
 
(a) the number of units for each identical commodity followed by the weight, volume, or measure of that 
commodity;  
 (b) the total quantity by weight, volume, measure, and count, as appropriate, of the variety package.  The 
statement of total qua ntity shall appear as the last item in the declaration of net quantity and shall not be of 
greater prominence than other terms used.  
 
Examples : 
Sponges – 
11 Sponges sponges  11 cm x × 20.3 cm x × 1.9 cm (4 in x × 8 in x × ¾ in)  
14 Sponges sponges  5.7 cm x × 10 cm x × 1.2 cm (2¼ in x × 4 in x × ½ in)  
Total:  25 Sponges sponges  
 
Soap – 
2 Soap Bars soap bars 85 g (3 oz) ea  
1 Soap Bar soap bar 142 g (5 oz)  
Total:  3 Soap Bars soap bars 312 g (11 oz)  
 Liquid Shoe Polish –   
1 Brown brown  89 mL (3 fl oz)  
1 Black black 89 mL (3 fl oz) 
1 White white 148 mL (5 fl oz)  
Total:  326 mL (11 fl oz)  
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 Picnic Ware – 
34 spoons  
33 forks  
33 knives  
Total:  100 pieces  
(Amended 1993)  
 
When individual units in a variety package are either packaged or labeled and are intended for retail sale as 
individ ual units, each unit shall be labeled in compliance with the applicable sections of this regulation.  
 
10.7.  Cylindrical Containers.  – In the case of cylindrical or nearly cylindrical containers, information required to 
appear on the principal display panel shall appear within that 40 % of the circumference which is most likely to be 
displayed, presented, shown, or examined under customa ry conditions of display for retail sale.  
 
10.8.  Measurement of Container -Type Commodities, How Expressed.  
 
10.8.1.  General.  – Commodities designated and sold at retail to be used as containers  for other materials or 
objects, such as bags, cups, boxes, and pans, shall be labeled with the declaration of net quantity as follows:  
 
(a) For bag- type commodities, in terms of count followed by linear dimensions of the bag (whether 
packaged in a perfora ted roll or otherwise).  The linear dimensions shall be expressed:  
 
(1) in SI units: in millimeters or centimeters, except that a dimension of 1 meter or more will be 
expressed in meters with the remainder in terms of decimal fractions of the meter; and 
 (2) in U.S. customary  units:  in inches, except that a dimension of 2 ft or more will be expressed in 
feet with any remainder in terms of inches or common or decimal fractions of the foot.  
 (b) When the unit bag is characterized by two dimensions because of  the absence of a gusset, the width 
and length will be stated.  
 
Examples : 
25 Bags bags, 12.7 cm x × 10 cm (5 in x × 4 in) or  
50 Bags bags, 75 cm x ×1.2 m (2.5  ft x× 3.9 ft)  
 (c) When the unit bag is gusseted, the dimensions will be expressed as width, depth, a nd length.  
 
Examples : 
25 Bags bags, 43 cm x× 10 cm x× 50 cm (17  in x× 4 in x× 20 in) or  
100 Bags bags, 50.8  cm x× 30.4 cm x× 76.2 cm (20  in x× 12 in x× 2½ ft) 
 (d) For other square, oblong, rectangular, or similarly shaped containers , in terms of count followed by 
length, width, and depth, except depth need not be listed when less than 5 cm or 2  in.  The linear 
dimensions shall be expressed as specified in Section 10.8.1.(a).  
 
 Example :  
bag-type commodities:  2  Pans, 20 cm x ×20 cm (8 in x× 8 in) 
 (e) For circular or other generally round -shaped containers , except cups and the like, in terms of count 
followed by diameter and depth, except depth need not be listed when less than 5 cm or 2  in. 
 
 Exampl e:   
4 Pans pans, 20 cm (8  in) diameter  x× 10 cm (4  in) 
 (f) Cups – Notwithstanding the above requirements, the net quantity statement for containers  such as cups 
will be listed in terms of count and liquid capacity per unit.  Handbook 130 –  20152016  Uniform Packaging and Labeling Regulation  
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 Example :   
24 Cups cups, 177  mL (6  fl oz) capacity  
 
10.8.2.  Capacity.  – When the functional use of the container is related by label references in standard terms of 
measure to the capability of holding a specific quantity of substance or class of substances such references shall 
be a part of the net quantity statement and s hall specify capacity as follows:  
 
(a) in SI units:  in terms of volume for all containers  and liners.  The expressed capacity will be stated in 
terms of milliliters, except that a quantity of 1  liter or more shall be expressed in liters with the 
remainder in terms of decimal fractions of the liter; and 
 
(b) in U.S. customary  units: 
 
(1) In terms of liquid measure for containers  that are intended to be used for liquids, semisolids, 
viscous materials,  or mixtures of solids and liquids.  The expressed capacity will be stated in terms 
of the largest whole unit (gallon, quart, pint, fluid ounce) with any remainder in terms of common 
or decimal fractions of that unit.  
 
Example :   
Freezer Boxes –   
4 Boxes, 946 mL capacity, 15  cm x× 15 cm x× 10 cm (1  qt capacity, 6  in x× 6 in x× 4 in) 
 
(2) In terms of dry measure for containers  that are intended to be used for solids.  The expressed 
capacity will be stated in terms of the largest whole unit (bushel, peck) with any remainder in 
terms of common or decimal fractions of that unit.  
 
Example:   
Leaf Bags –   
8 Bags bags, 211 L capacity, 1.21  m x× 1.52 m (6 bu capacity, 4  ft x× 5 ft) 
 
(3) Where containers  are used as liners for other more permanent containers, in the same terms as are 
normally used to express the capacity of the more permanent containers.  
 
Example:   
Garbage Can Liners –   
10 Liners liners , 76.2  cm x× 93.9 cm, fits up to 113 L cans (2  ft 6 in x× 3 ft 1 in, fits up to 
30 gal cans)  
 
10.8.3.  Terms.  – For purposes of this section, the use of the terms “capacity,” “diameter,” and “fluid” is 
optional.  
 
10.9.  Textile Products, Threads, and Yarns.  
 
10.9.1.  Wearing Apparel.  – Wearing apparel (including non- textile apparel and accessories  such as leather 
goods  and footwear ) sold as single unit items, or if normally sold in pairs (such as hosiery , gloves , and shoes ) 
sold as single unit pairs, shall be exempt from the requirements for net quantity statement by count, as required by Section  6.4. Terms:  Weight, Liquid Measure, Dry Measure, or Count of this regulation.  
 
10.9.2.  Textiles.  – Bed sheets , blankets , pillowcases , comforters , quilts , bedspreads , mattress covers  and pads , 
afghans , throws , dresser and other furniture scarves , tablecloths  and napkins , flags , curtains , drapes , dishtowels , 
dishcloths , towels, facecloths , utility cloths , bathmats , carpets  and rugs , potholders , fixture and appliance 
covers , nonrectangular diapers , slipcovers , etc., shall be exempt from the requirements of Section  6.9. Bi-
dimensional Commodities of this regulation, provided:  
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 (a) The quantity statement for fitted sheets and mattress covers shall state, in centimeters and inches, the 
length and width of the mattress for which the item is designed and the size designation of the mattress 
if the item is intended to fit a mattress identified as “twin,” “double,” “queen,” “king,” “California 
king,” etc.  
 
Example :   
Double double  sheet for 137 cm x× 190 cm (54  in x× 75 in) mattress . 
(Amended 1987)  
 (b) The quantity statement for flat sheets shall state, in centimeters and inches, the length and width of the 
mattress for which the sheet is designed, followed in parentheses by a statement, in centimeters and inches, of the length and width of the finished sheet.  The quantity statement shall also state the size 
designation of the mat tress for which the sheet is designed, such as “twin,” “double,” “queen,” “king,” 
“California king,” if the item is intended to fit such a mattress.  
 
Example :   
Twin Flat Sheettwin flat sheet  for 99  cm x× 190 cm (39  in x× 75 in) mattress 167 cm x× 244 cm 
(66 in x× 96 in) finished size . 
(Amended 1987)  
 (c) The quantity statement for pillowcases shall state, in centimeters and inches, the length and width of 
the pillow  for which the pillowcase is designed, followed in parentheses by a statement, in centimeters 
and inches of the length and width of the finished pillowcase.  The quantity statement for pillowcases 
shall also state the size designation of the pillow for which the pillowcase is designed, for example , 
“youth,” “standard,” “queen,” etc., if  the item is intended to fit such pillows.  
 
Example :   
Standard Pillowcase standard pillowcase  for 51 cm x× 66 cm (20  in x× 26 in) pillow , 
51 cm x× 76 cm (20  in x× 30 in) in finished size . 
(Amended 1977 and 1987)  
 (d) The quantity statement for  blankets, comforters , quilts, bedspreads, mattress pads, afghans , and throws 
shall state, in centimeters and inches, the length and width of the finished item.  The quantity statement 
shall also state the length of any ornamentation  and the size designation of the mattress for which the 
item is designed, if it is intended to fit, for example, a “twin,” “double,” “queen,” “king,” “California 
king,” etc., mattress.  
(Amended 1988)  
 
(e) The quantity statement for tablecloths and napkins shall state, in centimete rs and inches, the length and 
width of the finished item.  The quantity statement also may state parenthetically, in centimeters and inches, the length and width of the item before hemming and be properly identified as such.  
 (f) The quantity statement for  curtains , drapes , flags , furniture scarves, etc., shall state, in centimeters and 
inches, the length and width of the finished item.  The quantity statement also may state parenthetically, in centimeters and inches,  the length of any ornamentation . 
 (g) The quantity statement for carpets  and rugs  shall state, in meters and feet, with any remainder in 
decimal fractions of the meter for SI sizes or common or decimal fractions of the foot or in inches for 
U.S. customary  sizes, the length and width of the item.  The quantity statement also may state 
parenthetically, in centimeters and inches, the length of any ornamentation.  
 
(h) The quantity statement for woven dishtowels , dishcloths, towels, facecloths , utility cloths , bathmats, 
etc., shall s tate, in centimeters and inches, the length and width of the item.  The quantity statement for 
such items, when knitted, need not state the dimensions.  
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 (i) The quantity statement for textile products  such as potholders, fixture and appliance covers, slipcovers, 
non-rectangular  diapers, etc., shall be stated in terms of count and may include size designations and 
dimensions.  
 
(j) The quantity statement for other than rectangular textile products identi fied in Sections  (a) through (h) 
shall state the geometric shape of the product and the dimensions that are customarily used in 
describing such geometric shape.  
 
Examples : 
Round Scarf round scarf ,  190 cm (74  in) in diameter;  
Oval Tablecloth oval tablecloth ,  177 cm x× 254 cm (70  in x× 100 in) representing the maximum 
length and width in this case.  
 
(k) The quantity statement for packages of remnants of textile products of assorted sizes, when sold by count, shall be accompanied by the term “irregular dimensions” and the minimum size of such 
remnants.  
(Added 1971)  
 
10.9.3.  Sewing Threads, Handicraft Threads, and Yarns.  – Sewing and handicraft threads shall be labeled 
as follows: 
 
(a) The net quantity for sewing an d handicraft threads shall be expressed in terms of meters and yards.  
 
(b) The net quantity statement for yarns shall be expressed in terms of mass or weight.  
 
(c) Thread products may, in lieu of name and address, bear a trademark, symbol, brand, or other mark that positively identifies the manufacturer, packer, or distributor provided such marks are filed with the 
Director.  
 
(d) Each unit of industrial thread shall be marked to show its net length in terms of meters and yards or its 
net weight in terms of kilograms or grams and avoirdupois  pounds or ounces, except that ready -wound 
bobbins that are not sold separately shall not be required to be individually marked to show the number of bobbins contained therein and the net meters and yards of thread on each bobbin.  
 
10.10.  Packaged Seed.  – Packages of seeds  intended for planting with net contents of less than 225 g or 8  oz shall 
be labeled in full accord with this regulation except as follows:  
 
(a) The quantity statement shall appear in the upper 30 % of the principal display panel.  
 
(b) The quantity statement shall be in terms of:  
 
(1) the largest whole SI unit for all packages with w eights up to 7  g; and 
 
(2) in grams and ounces for all other packages with weights less than 225  g or 8  oz. 
(Amended 1995)  
 
(c) The quantity statement for coated seed, encapsulated seed , pelletized seed , pre -planters , seed tapes , etc., 
shall be in terms of count.  
(Added 1972) (Amended 1975 and 1993)  
 
Section 11.  Exemptions  [NOTE 8, page 8379] 
 
NOTE  8:  Section  11. Exemptions include  several requirements that refer only to the historic use of U.S. customary  
units or are direct restatements of exemptions contained in federal laws or regulations which do not include SI Uniform Packaging and Labeling Regulation   Handbook 130 –  20152016  
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 units.  SI equivalents are om itted in most of these requirements because the SI units would not be meaningful or 
useful.  
(Added 1993) (Amended 1995)  
 
11.1.  Random Packages.  – A random package bearing a label conspicuously declaring:  
 
(a) the net weight ; 
 
(b) unit price ; and 
 
(c) the total price  
 
shall be exempt from the SI units, type size, location, and free area  requirements of this regulation.  In the case of a 
random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both such prices at the time it is 
offered or exposed for sale at retail.  
 
This section shall also apply to uniform weight packages of fresh frui t or vegetables labeled by count, in the same 
manner and by the same type of equipment as random packages exempted by this section, and cheese and cheese products labeled in the same manner and by the same type of equipment as random pa ckages exempted by this 
section.  
(Amended 1989)  
 
11.1.1.  Indirect Sale of Random Packages.  – A random package manufactured or produced and offered for 
indirect sale (e.g., e -commerce, online, phone, fax, catalog, and similar methods) shall be exempt from the 
labeling requirements of:  
 
(a) unit price   
 (b) total price  
 
when the following requirements are met:  
 
At the time of the delivery, each package need only bear a statement of net weight, provided that:  
 
(a) the unit price is set forth and established in the initial product offering;  
 (b) the maximum possible net weight, unit price, and maximum pos sible price are provided to the 
customer by order confirmation when the product is ordered; and  
 
(c) when the product is delivered, the customer receives a receipt bearing the following information:  
identity, declared net weight, unit price, and the total  price.  
 
Indirect Sales:  For the purpose of Section 11.1.1.  Indirect Sale of Random Packages , indirect sales are sales 
where the customer makes a selection and places an order, but cannot be present when the determination of thenet quantity is made.  Examples of such indirect methods include, without limitation, Internet or online sales, 
sales conducted by telephone or facsimile, and catalog sales . 
(Added 2001) (Amended 2002)  
 
11.2.  Small Confections.  – Individually wrapped pieces of “penny candy”  and other confectionery of less than 15 g 
or ½  oz net weight per individual piece shall be exempt from the labeling requirements of this regulation when the 
container in which such confectionery is shipped is in conformance with the labeling requirements of this regulation.  
Similarly, when such confectionery items are sold in bags or boxes, such items shall be exempt from the labeling 
requirements of this regulation, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this regulation.  Handbook 130 –  20152016  Converting U.S. Customary Units to SI Units  
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11.3.  Small Packages of Meat or Meat Products.  – Individually wrapped and labeled packages of meat or meat 
products of less than 15 g or ½  oz net weight, which are in a shipping container, need not bear a statement of the net 
quantity of contents when the statement of the net quantity of contents on the shipping container is in conformance 
with the labeling requirements of this regulation.  
(Added 1987)  
 
11.4.  Individual Servings.  – Individual serving size packages of foods containing less than 15 g or ½  oz or less 
than 15 mL or ½  fl oz for use in restaurants , institutions, and passenger carriers , and not intended for sale at retail, 
shall be exempt from the required declaration of net quant ity of contents specified in this regulation.  
 
11.5.  Cuts, Plugs, and Twists of Tobacco and Cigars.  – When individual cuts, plugs, and twists of tobacco and 
individual cigars are shipped or delivered in containers  that conform to the labeling requirements of this regulation, 
such individual cuts, plugs, and twists of tobacco a nd cigars shall be exempt from such labeling requirements.  
 
11.6.  Reusable (Returnable) Glass Containers.  – Nothing in this Regulation shall be deemed to preclude the 
continued use of reusable (returnable) glas s containers, provided such glass containers ordered after the effective 
date of this regulation shall conform to all requirements of this regulation.  
 
11.7.  Cigarettes and Small Cigars.  – Cartons of cigarettes and small cigars, containing ten individual packages of 
twenty, labeled in accordance with the requirements of this regulation shall be exempt from the requirements set 
forth in Section  8.1.1. Location, Section 8.2.1. Mi nimum Height of Numbers and Letters, and Section 10.4. Multi -
unit Packages, provided such cartons bear a declaration of the net quantity of commodity in the package.  
 
11.8.  Packaged Commodities with Labeling Requirements Specified in Federal Law.  – Packages of meat and 
meat products, poultry  products, tobacco and tobacco products, pesticides, and alcoholic beverages  shall be exempt 
from those portions of these regulations specifying location and minimum type size of the net quantity declaration, 
provided quantity labeling requirements for such products are specified in federal law so as to follow reasonably 
sound pri nciples of providing consumer information.  (See also Section  11.32. SI Units, Exemptions - Consumer 
Commodities.)  
 
11.9.  Fluid Dairy Products, Ice Cream, and Similar Frozen Desserts.   
 
(a) When packaged i n ½ liq pt and ½  gal containers , are exempt from the requirements for stating net contents 
of 8 fl oz and 64 fl oz, which may be expressed as ½  pt and ½  gal, respectively.  
 
(b) When measured by and packaged in measure containers  as defined in “Measure Container Code ” of 
National Institute of Standards and Technology the NIST  Handbook 44,”, “Specifications, Tolerances, and 
Other Technical Requirements for Weighing Measuring Devices”  are exempt from the requirements of 
Section  8.1.1. Location that the declaration of net contents be located within the bottom 30 % of the 
principal display panel . 
 (c) Milk  and milk products when measured by and packaged in glass or plastic containers  of ½  pt, 1 pt, 1 qt, 
½ gal, and 1 gal capacities are exempt from the placement requiremen t of Section  8.1.1. Location that the 
declaration of net contents be located within the bottom 30 % of the principal display panel, provided other 
required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, or molded on, or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.  
(Amended 1993)  Converting U.S. Customary Units to SI Units   Handbook 130 –  20152016  
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11.10.  Single Strength and Less than Single -Strength Fruit Juice Beverages, Imitations thereof, and Drinking 
Water.  
 
(a) When packaged in glass, plastic, or fluid milk type paper containers  of 8 fl oz and 64 fl oz capacity, are 
exempt from the requirements of Section  6.2. Largest Whole Unit to the extent that net contents of 8 fl oz 
and 64  fl oz (or 2 qt) may be expressed as ½  pt (or half pint) and ½  gal (or half gallon), respectively.  
 
(b) When packaged in glass or pl astic containers  of ½  pt, 1  pt, 1  qt, ½  gal, and 1 gal capacities, are exempt 
from the placement requirements of Section 8.1.1. Location that the declaration of net contents be located 
within the bottom 30  % of the pr incipal display panel, provided other label information is conspicuously 
displayed on the cap or outside closure and the required net quantity of contents declaration is 
conspicuously blown, formed, or molded into or permanently applied to that part of the  glass or plastic 
container that is at or above the shoulder of the container.  
(Amended 1993)  
 
11.11.  Soft Drink Bottles.  – Bottles of soft drinks shall be exempt from the placement requirements for the 
declaration of:  
 
(a) identity when such declaration appears on the bottle closure ; and 
 (b) quantity when such declaration is blown, formed, or molded on or above the shoulder of the container and 
when all other information required by this regulation appears only on the bottle closure.  
 
11.12.  Multi -unit Soft  Drink Packages.  – Multi -unit packages  of soft drinks are exempt from the requirement for a 
declaration of:  
 
(a) responsibility when such declaration appears on the individual units and is not obscured by the multi -unit 
packaging or wh en the outside container bears a statement to the effect that such declaration will be found 
on the individual units inside ; and 
 
(b) identity when such declaration appears on the individual units and is not obscured by the multi -unit 
packaging.  
 11.13.  Butter.  – When packaged in 4 oz, 8  oz, and 1 lb packages with continuous label copy wrapping, butter is 
exempt from the requirements that the statement of identity (Section  3.1.1. Parallel Identity Declaration:  Consumer 
Package) and the net quantity decla ration (Section  8.1.5. Parallel Quantity Declaration) be generally parallel to the 
base of the package.  When packaged in 8 oz and 1 lb units, butter is exempt from the requirement for location 
(Section  8.1.1. Location)  of net quantity declaration.  
(Amende d 1980 and 1993)  
 11.14.   Eggs.  – Cartons containing 12 eggs shall be exempt from the requirement for location 
(Section  8.1.1.  Location ) of net quantity declaration.  When such cartons are designed to permit division in half, 
each half shall be exempt from  the labeling requirements of this regulation if the undivided carton conforms to all 
such requirements.  
 11.15.  Flour.  – Packages of wheat flour in conventional 2, 5, 10, 25, 50, and 100 lb packages shall be  exempt from  
the requirement in this regulation for location (Section  8.1.1. Location) of the net quantity declaration.  
(Amended 1980 and 1993)  
11.16.  Small Packages.  – On a principal display panel of 32 cm
2 (5 in2) or less, the declaration of quantity need not 
appear in the bottom 30 % of the principal display panel if that declaration satisfies the other requirements of this 
regulation.  
(Amended 1980)  
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 11.17.   Decorative Containers.  – The principal di splay panel of a cosmetic  marketed in a “boudoir -type” container, 
including decorative cosmetic containers of the “cartridge,”  “pill box,” “compact ,” or “penci l” variety, and those 
with a capacity of 7.4  mL (¼  oz) or less, may be a tear -away tag or tape affixed to the decorative container and 
bearing the mandatory label information as required by this regulation.  
(Amen ded 1980)  
 
11.18.   Combination and Variety Packages.  – Combination and variety packages are exempt from the 
requirements in this regulation for: 
 
(a) location (see Section  8.1.1. Location);  
 
(b) free area (see Section  8.1.4. Free Area ); and 
 
(c) minimum height of numbers and letters (see Section 8.2.1. Minimum Height of Numbers and Letters).  
(Amended 1989)  
 
11.19.   Margarine.  – Margarine in 1  lb rectangular packages, except for packages containing whipped or soft 
margarine or packages containing more than four sticks, shall be exempt from the requirement in this regulation for 
location (see Section  8.1.1. Location) of the net quantity declaration.  
(Amended 1980 and 1993)  
 
11.20.  Corn Flour and Corn Meal.  – Corn flour and corn meal packaged in conventional 5, 10, 25, 50, and 100 lb 
bags shall be exempt from the requirement in this regulation for lo cation (see Section  8.1.1. Location)  of the net 
quantity declaration.  
(Amended 1978 and 1980)  
 11.21.  Prescription and Insulin Containing Drugs.  – Prescription and insulin containing drugs subject to the 
provisions of Section  503(b)  (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall be exempt from the 
provisions of this regulation.  
 
11.22.  Camera Film, Video Recording Tape, Audio Record ing Tape , and Other Image and Audio Recording 
Media Intended for Retail Sale and Consumer Use.  – Image and audio media packaged and labeled for retail sale 
are exempt from the net quantity statement requirements of this regulation that specify how measurem ent of 
commodities should be expressed, provided:  
 
(a) Unexposed or Unrecorded Media.  – The net quantity of contents of unexposed or unrecorded image and 
audio media is expressed:  
 
(1) For still film, tape, or other still image media, in terms of the usable or gua ranteed number of available 
still image exposures.  The length and width measurements of the individual exposures, expressed in 
millimeters or inches, are authorized as an optional statement.  
 
Examples : 
36 exposures, 36 mm x× 24 mm, or  
12 exposures, 2¼  in x× 2¼ in. 
 (2) For bulk or movie film , in terms of length (in meters or feet) of film available for exposure.  
 
(3) For all other image and/or audio media, in terms of length of time of electronic media available for recording, together with recording and/or playing speed or other machine settings as necessary.  
Supplemental information concerning the length of the medi a 
[NOTE 9, page 8783] may be provided.  
 
Supplemental information may be provided on other than the principal display panel.  
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 NOTE  9:  Size, length of media, and format details to ensure interchangeability and other characteristics of audio 
and imaging media are available in the applicable American National Standards.  
 
(b) Exposed, Recorded, or Processed Media.  – The net quantity of contents  of exposed or processed film or 
prerecorded electronic media shall be expressed in terms of the length of time that is of entertainment 
value . 
 
“Entertainment value” is defined as that portion of a film, tape, or other media that commences with the first frame of sound or picture, whichever comes first after the countdown sequence (if any), and ends 
with either:  (a)  the last frame of credits; (b)  the last frame of the phrase “The End”;  or (c) the end of 
sound, whichever is  last. 
(Amended 1990)  
 
11.23.  Tint Base Paint.  – Tint base paint may be labeled on the principal display panel in terms of a liter, quart , or 
a gallon, including the addition of colorant selected by the purc haser, provided the system employed ensures that the 
purchaser always obtains a liter, quart , or a gallon; and further provided, in conjunction with the required quantity 
statement on the principal display panel, a statement indicating that the tint base p aint is not to be sold without the 
addition of colorant is presented; and further provided the contents of the container, before the addition of colorant, 
is stated in fluid ounces elsewhere on the label.  
 
Wherever the above conditions cannot be met, conta iners  of tint base paint must be labeled with a statement of the 
actual net contents prior to the addition of colorant in full accord with all the requirements of this regulation.  
(Added 1972) (Amended 1980 and 1993)  
 
11.24 .  Motor Oil in Cans.  – Motor oils when packed in cans bearing the principal display panel on the body of the 
container are exempt from the requirements of Section 3. Declaration of Identity:  Consumer Package to the extent 
that the Society  of Automotive Engineers (SAE) viscosity number  is required to appear on the principal display 
panel, provided the SAE viscosity number appears on the can lid and is expressed in letters and numerals in type 
size of at least 6  mm or ¼  in. 
(Amended 1974, 1980, and 1993)  
 
11.25.  Pillows, Cushions, Comforters, Mattress Pads, Sleeping Bags, and Similar Products.  – Those products including 
pillows, cushions, comforters, mattress pads, and sleeping bags , that bear a permanent label as designated by the or by 
International Association of  Bedding and Furniture Law Officials ( iabflo.org ) or the Department of Consumer Affairs, Bureau 
of Electronic and Appliance Repair, Home Furnishings  and Thermal Insulation ( BHFTI )  
(http://www.bhfti.ca.gov/about/about_bhfti.shtml) BEAR HFTI)  ( www.bearhfti.ca.gov ) shall be exempt from the requirements 
for location (Section  8.1.1. Location), size of letters or numbers (Sections  8.2.1. Minimum Height of Numbers and Letters and 
8.2.2. Numbers and Letters:  Proportion), free area (Section  8.1.4.  Free Area), and the declarations of identity and responsibility 
(Sections  3.1. Declaration of Identity and  5. Declaration of Responsibility:  Cons umer and Nonconsumer Packages), provided 
declarations of identity, quantity, and responsibility are presented on a permanently attached label and satisfy the other requirements of this Regulation, and further provided the information on such permanently at tached label be fully observable to 
the purchaser.  
(Added 1973)  
 
11.26.  Commodities ’ Variable Weights and Sizes.  – Individual packaged commodities put up in variable weights 
and sizes for sale intact and intended to be weighed and marked with the correct quantity statement prior to or at the 
point of retail sale are exempt from the requirements of Section  6. Declaration of Quantity:  Consumer Packages 
while moving in commerce and while held for sale prior to weighing and marking, provided the outside contai ner 
bears a label declaration of the total net weight.  
(Added 1973)  
 
11.27.   Packaged Commodities Sold by Count.  [NOTE 10, page 8884] – When a packaged consumer commodity is 
properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this Regu lation , except that 
those containing six or less items need not include a statement of count.  Handbook 130 –  20152016  Converting U.S. Customary Units to SI Units  
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 (Added 1973)  
 
NOTE  10:  When the net contents declaration of a package that may enter interstate commerce includes count, 
federal regulations under the Federal Fair Packaging and Labeling Act  provide no exemption from declaring the 
count unless the count is one  (1). 
(Added 1990)  
 
11.28.  Textile Packages.  – Packages of textiles that are required by Section  6.4.1. Combination Declaration to 
provide a combination declaration stating the quantity of each individual unit and the count shall be exempt from the 
requirements  in this regulation for: 
 
(a) Location (see Section  8.1.1 . Location ); 
 
(b) Free area (see Section  8.1.4. Free Area ); and 
 (c) Minimum height of numbers and letters (see Section 8.2.1. Minimum Height of Numbers and Letters).  
(Added 1971) (Amended 1989)  
 
11.29.   Spot  Label.  – The declaration of quantity of the contents of  a packag e is exempt from 
Section  8.1.1.  Location requiring the quantity declaration to appear in the bottom 30 % of the principal display 
panel, as long as the declaration of quantity appears in the lower 30 % of the spot label.  In no case may the size o f 
the spot label be used to determine the minimum type size; see Section  8.2. Calculation of Area of Principal Display 
Panel for Purposes of Type Size for this determination.  
(Added 1990)  
 11.30 .  Header Strip . – The declaration of quantity of the contents of a packag e is exempt from 
Section  8.1.1.  Location requiring the quantity declaration to appear in the bottom 30 % of the principal display 
panel, as long as the declaration of quantity appears in the lower 30 % of the header strip or header label.  In no case 
may the size of the header strip be used to determine the minimum type size; see Section  8.2. Calculation of Area of 
Principal Display Panel for Purposes of Type Size for this determination.  
(Added 1990)  
 11.31.  Decorative Wallcovering Borders.  – Decorative wallcovering borders when packaged and labeled for retail 
sale shall be exempt from the requirements of Sections  6.6.2. One Meter, 1 Squar e Meter, 1 Kilogram, l Liter, 
1 Cubic Meter, or Mor e; 6.8.2. One Foot, 1 Square Foot, 1 Pound, 1 Pint, 1 Gallon or More;  and 6.9. Bi -
dimensional Commodities provided the length and width of the border are presented in terms of the largest whole 
unit in full accord with the other requirements of the regula tion. 
(Added 1992) (Amended 1993)  
 
11.32.  SI Units, Exemptions -  Consumer Commodities.  – The requirements for statements of quantity in SI units 
(except for those in Section 10.10. Packaged Seed and Section 11.22. Camera Film, Video Recording Tape, Audio 
Recording Tape and Other Image and Audio Recording Media Intended for Retail Sale and Consumer Use) in 
Section  6. Declaration of Quantity:  Consumer Packages shall not apply to:  
 
(a) foods packaged at the retail store level ; 
 
(b) random weight packages (see Sectio ns 2.4. Random Package and 11.1. Random Packages ); 
 
(c) package labels printed before February  14, 1994;  
 
(d) meat and poultry  products subject to the Federal Meat or Poultry  Products Inspection Acts ; 
 
(e) tobacco or tobacco products ; 
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 (f) any beverage subject to the Federal Alcohol Administration Act ; 
 
(g) any product subject to the Federal Insecticide, Fungicide, and Rodenticide Act ; 
 (h) drugs and cosmetics  subject to the Federal Food, Drug and Cosmetic Act ; 
 
(i) nutrition labeling information.   
 
11.33.  U.S. Customary  Units, Exemptions -  Consumer Commodities.  – The requirements for statements of 
quantity in U.S. customary  units shall not apply to packages that bear appropriate SI units.  This exemption does not 
apply to foods, drugs, or cosmetics or to packages subject to regulation by the FTC, meat  and poultry  products 
subject to the Federal Meat or Poultry  Products Inspection Acts, and tobacco or tobacco products . 
(Added 1999)  
 
Section 12.  Variations to be Allowed  
 
12.1.  Packaging Variations.  
 
12.1.1.  Variations from Declared Net Quantity.  – Variations from the declared net weight, measure, or count 
shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting  the contents of 
individua l packages that occur in current good manufacturing practice, but such variations shall not be 
permitted to such extent that the average of the quantities in the packages of a particular commodity or a lot of 
the commodity that is kept, offered, or exposed for sale, or sold is below the quantity stated, and no 
unreasonable shortage  in any package shall be permitted even though overages in other packages in the same 
shipment, delivery, or lot compensate for such shortage.  Variations above the declared quantity shall not be unreasonably large.  
 
12.1.2.   Variations Resulting from Expo sure.  – Variations from the declared weight or measure shall be 
permitted when caused by ordinary and customary exposure  to conditions that normally occur in good 
distribution practice  and that unavoidably result in change of weight or measure, but only after the commodity 
is introduced into intrastate commerce , provided the phrase “introduced into intrastate commerce” as used in 
this paragraph shall be construe d to define the time and the place at which the first sale and delivery of a 
package is made within the state, the delivery being either : 
 
(a) directly to the purchaser or to his/her agent ; or 
 (b) to a common carrier for shipment to the purchaser,  
 
and this paragraph shall be construed as requiring that so long as a shipment, delivery, or lot of packages of a 
particular commodity remains in the possession or under the control of the packager or the person who 
introduces the package into intrastate commerce , exposure variations  shall not be permitted.  
 
12.2.  Magnitude of Permitted Variations.  – The magnitude of package variations of this regulation permitted 
under Sections  12. Variations to be Allowed,  12.1. Package Variations, 12.1.1. Variations from Declared Net 
Quantity, and 12.1.2. Variations Resulting from Exposure shall be those expressly set forth in this regulation a nd 
variations such as those contained in the procedures and tables of NIST Handbook  133, “Checking the Net Contents 
of Packaged Goods.”  
(Amended 1976, 1980, 1984, and 1988)  
Section 13.  Retail Sale Price Representations  
 13.1.  “Cents off” Representations.  
 
(a) The term “cents off representation” means any printed matter consisting of the words “cents off” or words 
of similar import (bonus offer , 2 for 1 sale, 1¢  sale, etc.), placed upon any consumer package or placed Handbook 130 –  20152016  Converting U.S. Customary Units to SI Units  
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 upon any label affixed or adjacent to such package, stating or representing by implication that it is being 
offered for sale at a price lower than the ordinary and customary retail sale price.  
(Amended 1982)  
 
(b) Except as set forth in Section  13.2. Introductory Offers , the packager or labeler of a consumer commodity 
shall not have imprinted thereon a “cents off” representation unless:  
 
(1) The commodity has been sold at an ordinary and customary price in the most recent and regular course of business where the “cents off” promotion is made.  
 (2) The commodity so labeled is sold at a reduction from the ordinary and customary price, which 
reduction is at least equal to the amount of the “cents off” representation imprinted on the commodity 
package or label.  
 
(3) Each “cents off” representation imprinted on the package or label is limited to a phrase that reflects 
that the price marked by the retailer represents the savings in the amount of the “cents off” the retailer’s regular price; e.g. , “Price Marked is         Cents Off the Regular Price ,” “Price Marked 
is        off the Regular Price of this Package”,  provided the package or label may in addition bear in the 
usual pricing spot a form reflecting a space for the regular price, the repres ented “cents off,” and a 
space for the price to be paid by the consumer.  
 (4) The commodity at retail presents the regular price, designated as the “regular price” , clearly and 
conspicuously on the package or label of the commodity or on a sign, placard, or shelf marker placed 
in a position contiguous to the retail display of the “cents off” marked commodity.  
 
i. Not more than three “cents off” promotions of any single size commodity may be initiated in the 
same trade area  within a 12- month period;  
 
ii. At least 30  days must lapse between “cents off” promotions of any particular size packaged or 
labeled commodity in a specific trade area; and  
 
iii. Any single size commodity so labeled may not be sold in a trade area for a duration  in excess of 
six months within any 12- month period.  
 
(5) Sales of any single size commodity so labeled in a trade area do not exceed in volume 50 % of the total 
volume of sales of such size commodity in the same trade area during any 12- month period.  The 
12-month period may be the calendar, fiscal, or market year provided the identical period is applied in 
this subparagraph and subparagraph (5) of this paragraph.  Volume limits may be calculated on the 
basis of projections for the current year , but shall not exceed 50  % of the sales for the preceding year in 
the event actual sales are less than the projection for the current year.  
 
(c) No “cents off” promotion shall be made available in any circumstances where it is known or there is reason to know that it will be used as an instrumentality for deception or for frustration of value comparison; for 
example , where the retailer charges a pr ice that does not fully pass on to the consumers the represented 
price reduction or where the retailer fails to display the regular price in the display area of the “cents off” 
marked product.  
 
(d) The sponsor of a “cents off” promotion shall prepare and maintain invoices or other records showing 
compliance with this section.  The invoices or other records required by this section shall be open to inspection and shall be retained for a period of one year subsequent to the end of the year (calendar, fiscal, 
or market) in which the “cents off” promotion occurs.  
(Added 1972)  
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 13.2.  Introductory Offers.  
 
(a) The term “introductory offer” means any printed matter consisting of the words “introductory of fer” or 
words of similar import, placed upon a package containing any new commodity or upon any label affixed 
or adjacent to such new commodity, stating or representing by implication that such new commodity is offered for retail sale at a price lower than  the anticipated ordinary and customary retail sale price.  
 (b) The packager or labeler of a consumer commodity may not have imprinted thereon an introductory offer unless:  
 
(1) The product contained in the package is new, has been changed in a functionally significant and substantial respect, or is being introduced into a trade area for the first time.  
 (2) Each offer on a package or label is clearly and conspicuously qualified.  
 
(3) No commodity so labeled is sold in a trade area for duration in excess of six month s. 
 
(4) At the time of making the introductory offer promotion, the offerer intends in good faith to offer the commodity, alone, at the anticipated ordinary and customary price for a reasonably substantial period of time following the duration of the introductory offer promotion.  
 
(c) The packager or labeler of a consumer commodity shall not have imprinted thereon an introductory offer in the form of a “cents off” representation unless, in addition to the requirements in paragraph (b) of this 
section: 
 
(1) The package or label clearly and conspicuously and in immediate conjunction with the phrase 
“Introductory Offer” bears the phrase “__________ cents off the after introductory offer price.”  
 (2) The commodity so labeled is sold at a reduction from the anticipated ordinary customary price, which reduction is at least equal to the amount of the reduction from the after introductory offer price 
representation on the commodity package or label.  
 
(d) No introductory offer with a “cents off” representation shall be made available in any circumstance where 
it is known or there is reason to know that it will be used as an instrumentality for deception or for 
frustration of value comparison; e.g., where the retailer charges a price that does not fully pass on to 
consumers the represented  price reduction.  
 (e) The sponsor of an introductory offer  shall prepare and maintain invoices or other records showing 
compliance with this section.  The invoices or other records required by this section shall be open to 
inspection and shall be retained for a period of one  year subsequent to the period of the introductory offer.  
(Added 1972)  
 
13.3.  Economy Size.  
 
(a) The term “economy size” means any printed matter consisting of the words “economy size,” “economy 
pack,” “budget pack,”  “bargain size,”  “value size,”  or words of similar import placed upon any package 
containing any consumer commodity or placed upon any label affixed or adjacent to such commodity, stating or representing directly or by implication that a retail sale price advantage is accorded the purc haser 
thereof by reason of the size of that package or the quantity of its contents.  
 (b) The packager or labeler of a consumer commodity may not have imprinted thereon an “economy” size representation unless:  
 
(1) At the same time the same brand of the commodity is offered in at least one other packaged size or labeled form.  Handbook 130 –  20152016  Converting U.S. Customary Units to SI Units  
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(2) Only one packaged or labeled form of that brand of commodity labeled with an “economy size” 
representation is offered.  
 
(3) The commodity labeled with an “economy size” representation is sold at a price per unit of weight, 
volume, measure, or count that is substantially reduced (i.e., at least 5  %) from the actual price of all 
other packaged or labeled units of the same brand of that commodity offered simultaneously.  
 
(c) No “economy size” package shall be made available in any circumstances where it is known that it will be 
used as an instrumentality for deception; e.g., where the retailer charges a price that does not pass on to the consumer the substantial reduction in cost per unit initially grante d. 
 
(d) The sponsor of an “economy size” package shall prepare and maintain invoices or other records showing 
compliance with paragraph  (b) of this section.  The invoices or other records required by this section shall 
be open to inspection and shall be retained for one year.  
(Added 1972)  
Section 14.  Revocation of Conflicting Regulations  
 All provisions of all orders and regulations  heretofore issued on this same subject that are contrary to or inconsistent 
with the provisions of this regulation and specifically are hereby revoked.  
Section 15.  Effective Date 
 
This regulation shall become effective on August 1, 2015. __________.  
 
   
 
  
 
 
 
  
 
 
 
  
 
 
   
 
 
 
  
 
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 UPLR Appendix A:  SI/ U.S. C ustomary  Conversion Factors  ** 
 
LENGTH   
1 mil (0.001 in)  = 25.4 µm* 1 micrometer  = 0.039 370  mil 
1 inch  = 2.54 cm* 1 millimeter  = 0.039 370 1  in 
1 foot  = 30.48     cm* 1 centimeter  = 0.393 701  in 
1 yard  = 0.914 4  m* 1 meter  = 3.280 84  ft 
1 rod  = 5.029 2  m*     
AREA  
1 square inch  = 6.451 6  cm2* 1 square centimeter  = 0.155 000  in2 
1 square foot  = 929.030  cm2 1 square decimeter  = 0.107 639  ft2 
1 square yard  = 0.836 127  m2 1 square meter  = 10.763 9  ft2 
VOLUME or CAPACITY  
1 cubic inch  = 16.387 1  cm3 1 cubic centimeter  = 0.061 023 74  in3 
1 cubic foot  = 0.028 316 8  
28.316 8  m3 
L 1 cubic decimeter  = 0.035 314 7  ft3 
1 cubic meter  = 35.314 7  
1.307 95  ft3 
yd3 1 cubic yard  = 0.764 555  m3 
1 fluid ounce  = 29.573 5  mL 1 milliliter (cm3) = 0.033 814  fl oz 
1 liquid pint  = 473.177  
0.473 177  mL 
L 1 liter  = 1.056 69  
0.264 172  liq qt  
gal 
1 liquid quart  = 946.353  
0.946 353  mL 
L 1 dry pint  = 550.610 5  mL 
1 dry quart  = 1.101 221  L 
1 gallon  = 3.785 41  L 1 peck = 8.809 768  L 
1 bushel  = 35.239 1  L 1 gill  = 118.294 1  mL 
MASS (weight)  
1 ounce  = 28.349 5  g 1 milligram  = 0.000 035 274  
0.015 432 4  oz 
grain  1 pound  = 453.592 37  
0.453 592  g* 
kg 1 gram  = 0.035 274  oz 
1 grain  = 64.798 91  mg 1 kilogram  = 2.204 62  lb 
TEMPERATURE  
*32   8.1+=C Ft t    ()*3295−=F Ct t    
* Exactly  
** These conversion factors are given to six or more significant digits in the event such accuracy is 
necessary.  To convert to U.S. customary  units divide the factor rather than multiplying.  
(Amended 1998)  
 
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 UPLR Appendix B:  Converting U.S. Customary  Units to SI Units  
for Quantity Declarations on Packages  
 
1.  Conversion.  
 
To convert an U.S. customary  quantity to an SI quantity , multiply the appropriate conversion factor in Table  1 in 
Appendix  A by the U.S. customary  unit and round according to the following rules . 
 
2.  Rounding and Significant Digits.  
 
It is the packager’s responsibility to round converted values appropriately and select the appropriate number of 
significant digits to use in quantity declaration.  [These rou nding rules are for converting quantity determinations on 
packages and do not apply to digital scales that automatically round indications to the nearest indicated value.]  
Conversions, the proper use of significant digits, and rounding must be based on th e packer’s knowledge of the 
accuracy of the original measurement that is being converted.  For example, if a package is labeled 453.59 g (1 lb), 
the packer is implying that the package declaration is accurate within ±  0.005 g (or ±  5 mg).  For liquid volum e 
measure, a label declaration of 473  mL (16  fl oz) implies that the package declaration is accurate to within 
± 0.5 mL (0.01 fl oz).  The requirements of 6.13. Rounding apply to all quantity declarations that are derived from 
converted values:  
 
6.13.  Rou nding. – In all conversions for the purpose of showing an equivalent SI or U.S. customary  
quantity to a rounded U.S. customary  or SI quantity, or in calculated values to be declared in the net 
quantity statement, the number of significant digits retained must be such that accuracy is neither sacrificed nor exaggerated.  Conversions, the proper use of significant digits, and rounding must be based 
on the packer’s knowledge of the accuracy of the original measurement that is being converted.  In no case shall rounded net contents declarations overstate a quantity; the packer may round converted values down 
to avoid overstating the n et contents.  
 
NOTE:   When as a result of rounding SI or U.S. customary declarations calculated based on the conversion factors 
in Appendix  A, the resulting declarations are not exact, the largest declaration, whether metric or U.S. customary , 
will be used for enforcement purposes to determine whether a package contains at least the declared amount of the 
product.  
 
Do not round conversion factors or any other quantity used or determined in the calculation; only round the final 
quantity to the number of signi ficant digits needed to maintain the accuracy of the original quantity.  Use the 
rounding rules presented below in Table  1 as guidance to round the final result.  In general, quantity declarations on 
consumer commodities should only be shown to two or thre e significant digits (for example, 453 g or 85 g).  Any 
final zeros to the right of the decimal point need not be expressed.  The U.S. customary  and SI declarations of 
quantity must be accurate and equivalent to each other.  For example, a package bearing a net weight declaration of 2 lb  (32 oz) must also include an SI declaration of 907 g. 
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 Table 1.  Rounding Rules  
When The First Digit 
Dropped is:  The Last 
Digit 
Retained is:  Examples  
less than 5  Unchanged  2.44 to 2.4  
2.429 to 2.4  
more than 5, or 5  
followed by at least 1 digit  
other than 0 Increased by 1  2.46 to 2.5  
2.451 to 2.5  
5 followed by zeros  Unchanged if 
Even, or 
Increased by 1  
if Odd  2.450 to 2.4  
2.550 to 2.6  
 
(a) When the first digit discarded is less than  5, the last digit retained should not be changed.  For example, if 
the quantity  984.3 is to be declared to 3 significant digits, the number  3 to the right of the decimal point 
must be discarded since it is less than  5 and the last digit to be retained (the number  4) w ill remain 
unchanged.  The rounded number will read 984.  The same rationale applies to numbers declared to two 
significant digits (for example 68.4 and 7.34); again, the final digit is dropped and the last digit retained remains unchanged so that the “rounded -off” numbers become 68 and 7.3 respectively.  
 
(b) When the first digit to be discarded is greater than 5, or it is a 5 followed by at least one digit other than zero, the last digit to be retained should be increased by one unit.  
 
Examples : 
 984.7  becomes  985 
 984.51  becomes  985 
6.86 becomes  6.9 
6.88 6.88  becomes  6.9 
 
(c) When the first digit to be discarded is exactly 5, followed only by zeros, the final digit to be retained should 
be rounded up if it is an odd number (1, 3, 5, 7, or  9), but no adjustment should be made if it is an even 
number (2, 4, 6, or  8). 
 
Examples : 
984.50  becomes  984 
985.50  becomes  986 
68.50  becomes  68 
7.450  becomes  7.4 
7.550  becomes  7.6 
 
*NOTE :  See additional examples in Table  2. 
 
3.  Additional Advice on Rounding and Significant Digits  
 
(a) These rules require the packer to use good judgment in making decisions on how to round and the number 
of significant digits to use in quantity declarations.  Rounding should always be done in one step; for 
example, i f 16.946 47 g has to be rounded to three  significant digits, it should be rounded to 16.9 g, not 
16.946 5, then to 16.946, then to 16.95 which would then round to 17.0 g (see rounding rules above).  
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 (b) Do not use rounded SI values to calculate quantities.  Fo r example, using 1 in = 25.4 mm, rounded to 
25 mm, should not be multiplied by 2  to determine the SI equivalent for 2  in.  The SI equivalent for 2 in is 
determined by multiplying 2  in x× 25.4 mm = 50.8 mm, then rounding to 51 mm. 
 
(c) If a dimension given as 8  ft is valid to the nearest 1/10 in, consider it to mean 96.0 in and treat it as having 
3 significant digits.  The rounded dimension would then be 2.44 m instead of 2.4 m. 
 
(d) Conversions using a multiple digit conversion factor usually give a product with m ore digits than the 
original quantity.  The final product should contain no more significant digits than are contained in the 
number with the fewest significant digits used in the conversion.  For example, the area of a sheet of paper is determined on a ca lculator by multiplying 1.25 cm (length)  x× 1.5 cm (width)  = 1.875 cm2.  The product 
given to 4  significant digits on the calculator cannot be any more accurate than two  significant digits (the 
number of significant digits in 1.5 cm), so the area should be declared as 1.9 cm2. 
 
(e) Packagers of consumer commodities should be aware that when a converted value is rounded up, there may be a need to (1)  increase the package contents and/or, (2)  select a converted value that does not exaggerate 
the precision of the quantity or overstate the net contents.  For example, under the rules above, a net weight 
declaration of 16 oz (453.592 37 g) may be rounded up to 454 g for three  significant digits.  Inspections by 
weights and measures officials are typically conducted us ing devices with a resolution of 0.5 g or less.  If 
the packer does not address this possibility, some lots of commodities may pass when the U.S. customary  
declaration is tested, but fail when the SI declaration is verified.  
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 Table 2.  Examples  
Weight:  
To convert ounces to grams, multiply ounces by 28.349 5 grams  
U.S. Customary  Calculated SI  Rounded SI  
1.0 oz 28.349 5 g 28 g 
5.0 oz 141.747 6 g 142 g 
10¼ oz  290.582 38 g  291 g* 
16.0 oz  453.592 4 g  454 g*  
32.0 oz  907.184 g  907 g  
48.0 oz  1360.776 g  1.36 kg  
5 lb 2.267 96 2 kg 2.27 kg* 
10 lb 4.535 92 4 kg 4.54 kg* 
25 lb 11.339 8 1 kg 11.3 kg  
Liquid Volume:  
to convert fluid ounces to milliliters , multiply fluid ounces by 29.573 5 milli liters  
U.S. Customary  Calculated SI  Rounded SI  
1.0 fl oz  29.573 5 mL  30 mL*  
8.0 fl oz  236.588 mL  237 mL* 
16.0 fl oz  473.176 mL  473 mL  
32.0 fl oz  946.353 mL  946 mL  
1 gal  3.785 41 L  3.79 L* 
2½ gal  9.463 525 L  9.46 L  
5 gal  18.927 05 L  18.9 L  
Dry Measure : 
to convert dry pints to milliliters, multiply dry pints by 550.610 5 milliliters  
U.S. Customary  Calculated SI  Rounded SI  
1 dry pt  550.610 5 mL  551 mL* 
1 dry qt  1.101 221 L  1.1 L  
Length:  
to convert inches to millimeters, multiply inches by 25.4 millimeters  
U.S. Customary  Calculated SI  Rounded SI  
10.5 in  266.7 mm  267 mm* or 26.7 cm* 
1 ft 30.48 cm  305 mm* or 30.5 cm* 
5 ft 152.4 cm  152 cm or 1.5 m  
50 ft 15.240 03 m  15.2 m  
100 ft  30.480 06 m  30.5 m*  
* See 6.13. Rounding located under UPLR Appendix  B 
 
 
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B.  Uniform Regulation for the Method of Sale of Commodities  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1.  Background  
 
The National Conference on Weights and Measures (NCWM) has long been concerned with the proper units of 
measurement to be used in the sale of all commodities.  This approach has gradually broadened to concerns of 
standardized package sizes and general identity of particular comm odities.  Requirements for individual products 
were at one time made a part of the Weights and Measures Law or were embodied in separate individual Model 
Regulations.  In 1971,  this “Model State Method of Sale  of Commodities Regulation” was established (renamed in 
1983); amendments have been adopted by the Conference almost annually since that time.  
 Sections with “added 1971” dates refer to those sections that were originally incorporated in the Weights and Measures Law or in individual Model Regulations recommended by the NCWM.  Subsequent dates reflect the 
actual amendment or addition dates.  
 
The 1979 edition included,  for the first time , requirements for items packaged in quantities of the International 
System of Units (SI), the modernized metric system, as well as continuing to present requirements for U.S. 
customary  quantities.  It should be stressed that nothing in this Regulation requires changing to the SI system of 
measurement.  SI values are given for  the guidance of those wishing to adopt new SI quantities of the commodities 
governed by this Regulation.  SI means the International System of Units as established in 1960 by the General 
Conference on Weights and Measures and interpreted or modified for t he United States by the Secretary of 
Commerce.  
 
This Regulation assimilates all of the actions periodically taken by the Conference with respect to certain food 
items, non -food items, and general method of sale  concepts.  Its format is such that it will permit the addition of 
individual items at the end of appropriate sections as the need arises.  Its adoption as a regulation by individual 
jurisdictions will eliminate the necessity for legislative consideration of changes in the method of sale of particular 
commodities.  Such items will be able to be handled through the normal regulation- making process.  
2.  Status of Promulgation  
 The table beginning on page  10 shows the status of adoption of the Uniform Regulati on for the Method of Sale  of 
Commodities.  
 
 
  
 
  
 
 
 
  *The National Conference on Weights and Measures  (NCWM ) is supported by the National Institute of Standards 
and Technology  (NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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 Uniform Regulation for the Method of Sale of Commodities  
Preamble  
 
The purpose of this regulation is to require accurate and adequate information about commodities so that purchas ers 
can make price and quantity comparisons.  
(Added 1989)  
 
Section 1.  Food Products [NOTE 1, page 109105]  
 
1.1.  Berries and Small Fruits  
 
1.1.1.  Definitions.  – “Small fruits” includes, but is not limited to, cherries, currants, and cherry tomatoes.  
“Berries” includes all fruit whose names end in the term “berry.”  
(Added 1991)  
 
NOTE  1:  Packages subject to this Section and the Federal Fair Packaging and Labeling Act  shall be labeled in 
units of the International System of Units (SI) and U.S. customary  systems of measure effective February 14, 1994, 
[except for seed (see Section  10.10.  Packaged Seed) and camera film and recording tape (see 
Section  11.22.  Camera Film, Video Recording Tape, Audio Recording Tape, and Other Image and Audio Recording 
Media Intended for Retail Sale and Consumer Use ), and as specified in the Uniform Packaging and Labeling 
Regulation under Section 11.32. SI Units, Exemptions -  Consumer Commodities].  SI units may appear first.  
(Added 1982) (Amended 1990 and 1993)  
 
1.1.2.  Methods of Sale.  – Berries and small fruits shall be offered and exposed for sale and sold by weight 
[NOTE 2, page 10910 5] or by volume.  If sold by volume, they must:  
(Amended 1991)  
 
(a) be in measure containers  that are either open or else covered by uncolored transparent lids or other 
wrappings that do not obscure the contents, and 
 
(b) have capacities per Section  1.1.2 .(b)(1) or Section  1.1.2 .(b)(2).   When selling berries and small fruits 
by volume in measure containers , whether or not covered, the measure containers themselves shall not 
be packages for labeling purposes.  
 
(1) SI Capacities –  250 milliliters, 500  milliliters, or 1  liter. 
(Added 1979) (Amended 1985)  
 
(2) U.S. Customary  Capacities – ½ dry pint, 1 dry pint, or 1 dry quart.  
 
NOTE  2:  When used in this regulation, the term “weight” means “mass.”  (See paragraphs  UK. “Mass” and 
“Weight” in Section  I. Introduction of NIST Handbook  130 for an explanation of these terms.)  
 
1.1.3.  Marking Requirements for Shipping Containers.  – If two or more measure containers are placed in a 
shipping package, the crate or package shall show the number of measure containers and the quantity of 
contents of each.  
(Added 1971) (Amended 1979, 1985, 1989, and 1991)  
 
1.2.  Bread.  – Bread kept, offered, or exposed for sale, whether or not packaged or sliced, shall be sold by weight.  
The wrappers of bread that is sold and expressly represented at the time of sale as “stale bread” shall not be 
considered packages for labeling purpos es. 
(Added 1971) (Amended 1979, 1980, 1985, 1987, 1991, and 1992)  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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1.3.  Butter, Oleomargarine , Margarine, Butter- Like , and/or Margarine -Like Spreads.  –Shall be offered and 
exposed for sale and sold by weight.  “Butter -like and/or margarine -like spreads” are those products that meet the 
Federal Standard of Identity for butter or margarine and oleomargarine, except that they contain less than 80 % fat 
and may conta in other safe and suitable ingredients.  
(Added 1971) (Amended 1979, 1985, 1986, and 1994)  
 1.4.  Flour, Corn Meal, and Hominy Grits.  – Wheat flour, whole wheat flour , graham flour , self -rising wheat 
flour , phosphated wheat flour , bromated flour , corn flour, corn meal, and hominy grits, whether enriched or not, 
shall be packaged, kept, offered, or exposed for sale and sold by weight.  
(Amended 1994)  
 
1.5.  Meat, Poultry, Fish, and Seafood.  [NOTE 3, page 110106] – Shall be sold by weight, except that whole shellfish in 
the shell may be sold by weight, measure,  and/or count.  Shellfish are aquatic animals having a shell, such as 
mollusks (for example, scallops ) or crustaceans  (for example, lobster  or shrimp ). 
(Amended 1988)  
 
NOTE  3:  See Section  1.12. Ready -to-Eat Food for  additional requirement.  
 
1.5.1.  In Combination with Other Foods.  – When meat, poultry , fish , or seafood  is combined with some 
other food element to form a distinctive food product, the quantity representation may be in terms of the total 
weight of the product or combination, and a quantity representation need not be made for each element provided 
a statement listing the ingredients in order of their predominance by weight must also appear on the label.  
 
Note:   See Interpretations and Guidelines Section 2.2.13. Declaration of Identity:  Consumer Package and 
Labeling Regulation (UPLR).   
(Amended 1989)  
 
1.5.2.  Clams, Mussels, Oysters, and Other Mollusks.  
 
1.5.2.1.  Whole Clams, Oysters, Mussels, or Other Mollusks  in the Shell  (fresh or frozen).  – Shall be 
sold by weight (including the weight of the shell, but not including the liquid or ice packed with them), dry measure (e.g., bushel), and/or count.  In addition, size designations may be provided.  
 
1.5.2.2.  Whole Clams, Oysters, Mussels , or Other Mollusks on the Half Shell  (fresh, cooked, smoked, 
or frozen, with or without sauces or spices added).  – Shall be sold by weight (excluding the weight of 
the shell) or by count.  Size designations may also be provided . 
(Added 1989)  
 
1.5.2.3.  Fresh Oysters  Removed  from the Shel l. – Shall be sold by weight, drained weight , or by fluid 
volume.  For oysters sold by weight or by volume, a maximum of 15 % free liquid by weight is permitted.  
(Amended 1991)  
 
1.5.2.4.  Processed Clams, Mussels , Oysters , or Other Mollusks on the Half Shell  (fresh or frozen).  – 
Shall be sold by net weight excluding the weight of the shell .  The term “processed” means removing the 
meat from the shell and chopping it or cutting it or commingling it with other solid foods.  
(Amended 1989)  
 
1.5.2.5.  Canned (heat -processed) Mussels, Clams, Oysters , or Other Mollusk s. – Shall be sold by net 
weight.  A maximum of 41 % free liquid by weight is permitted for canned oysters.  
(Added 1986 and 1971) (Amended 1982, 1985, 1986, and 1989)  
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 1.6.  Fluid Milk  Products.  – All fluid milk products, including , but not limited to milk, lowfat milk, skim milk, 
cultured milks,   and cream , shall be sold in terms of fluid volume.  
(Amended 1995)  
 
1.7.  Other Milk Products.  – Cottage cheese , cottage cheese products, and other milk products that are solid, semi -
solid , viscous, or a mixture of solid and liquid, as defined in the Pasteurized Milk Ordinance of the U.S. Public 
Health Service, as amended in 1965, shall be sold in t erms of weight.  
(Amended 1995)  
 
1.7.1.  Factory Packaged Ice Cream and Similar Frozen Products.  – Ice cream, ice milk , frozen yogurt , and 
similar products shall be kept, offered, or exposed for sale or sold in terms of fluid volume.  
(Amended 1995)  
 1.7.2.    Pelletized Ice Cream  and Similar Pelletized Frozen Desserts . – A semi -solid food product 
manufactured at very low temperatures using a nitrogen process and consisting of small beads of varying sizes.   Bits of inclusions (cookie s, candy, etc.)  that also vary in size and weight may be mixed with the pellets.  
 
1.7.2.1.   Method of Retail Sale. – Packaged pelletized ice cream or similar pelletized frozen desserts shall 
be kept, offered, or exposed for  sale on the basis of net weight.  
 Note:   This method of sale for pelletized ice cream s hall be enforceable after April 17, 2010, and after 
August 2, 2011, for similar pelletized frozen desserts.  
(Added 2010)  (Amended 2011)  
 
1.8.  Pickles.  – The declaration of net quantity of contents on pickles and pickle products, including relishes  but 
excluding one or two whole pickles in a transparent wrapping, which may be declared by count, shall be expressed in terms of liquid measure .  Sales of pickles from bulk may be by count.  
(Added 1971)  
 
1.9.  Advertising and Price Computing of Bulk Food Commodities.  
1.9.1.  Total Price Computing.  – The price of food commodities sold from bulk by weight sha ll be computed 
in terms of whole units of weight (i.e., grams, kilograms, pounds, ounces, etc.) and not in common or decimal 
fractions.  
 
1.9.2.  Unit Price Advertising.  – The price of food commodities sold from bulk by weight s hall be advertised 
or displayed in terms of whole weight units of kilograms or pounds only, not in common or decimal fractions or 
in ounces.  A supplemental declaration is permitted in print no larger than the whole unit price.  This supplemental declarati on may be expressed in common or decimal fractions or in ounces.  
(Added 1976) (Amended 1985, 1987, and 1991)  
 
1.10.  Generic Terms for Meat Cuts.  – A declaration of identity for meat cuts shall be limited to generic terms, 
such a s those listed in the Uniform Retail Meat Identity Standards.  
 The following abbreviations may be used : 
 
BAR  B Q Barbecue  POT -RST Pot Roast  
BI Bone In  RND Round  
BNLS  Boneless  RST Roast  
DBLE  Double  SHLDR    Shoulder  
LGE  Large  SQ Square  
N.Y. (NY)  New York  STK  Steak  
PK Pork  TRMD  Trimmed  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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 (Added 1976)  
 
1.11.  Sale of Meat by Carcass, Side, or Primal Cut.  – The seller of a carcass, side, quarter, or primal cut on a 
gross or hanging weight  basis shall provide to the  buyer a written statement giving the following information at the 
times indicated: 
(Amended 1985)  
1.11.1.  Prior  to Delivery .  
 
(a) the name and address of the seller (firm);  
 
(b) the date of the contract;  
 
(c) the name and address of the buyer;  
 
(a)(b) the total net weight (hanging weight) of the carcass, side, or primal cut prior to cutting or 
processing;  
 
(e) the USDA quality grade and yield grade of the meat to be supplied,  if so represented;  
 (f) the price per pound for each species  (not including any inducements) and the total price of the sale 
order;  
 
(g) the estimated cutting loss on the order in terms of percentage and weight (e.g., 40 %, 72.5  kg [160 lb]); 
 
(h) a list by name and estimated count of each cut to be derived from ea ch primal source;  
 
(i) additional costs, listed separately, for cutting, wrapping, freezing, and finance charges, if any; and  
 
(j) that the buyer may keep the cutting loss.  
(Added 1985)  
 
1.11.2.  At the Time of Delivery.   
 
(a) the name and address of the buyer and seller;  
 
(b) the date of delivery;  
 
(c) the total net weight of the meat delivered;  
 (d) a list, by name and count, of each cut derived from each primal cut; and 
 (e) a separate indication of the quantity of any meat or other commodity(s) receive d by the purchaser as an 
inducement in connection with the purchase of the carcass, side, or primal cut.  
(Added 1985)  
 1.11.3.  Exemptions.  – This subsection shall not apply to the sale of any carcass, side, quarter, or primal cut of 
meat that individually  or collectively  has a gross or hanging weight of 22.6 kg  (50 lb) or less.  
(Added 1985)  
 
1.11.4.  Right of Cancellation.  – The buyer shall have the right to cancel any carcass, side, quarter, or primal 
cut meat contract until midnight of the third business day after the day on which the buyer executed the contract 
or after the day on which the seller provided the buyer with a fully executed copy of the contract, whichever is 
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 (Added 1985 and 1977) (Amended 1980 and 1985)  
 
1.12.  Ready- to-Eat Food.  
 
1.12.1.  Definition - Ready -to-Eat Food.  – Restaurant style food offered or exposed for sale, whether in 
restaurants, supermarkets, or similar food service establishments, that is ready for consumption, though not 
necessarily on the premises where sold.  Ready -to-Eat Food does not include sliced luncheon products, such as 
meat, poultry , or cheese when sold separately.  
 
NOTE:   The sale of an individual piece of fresh fruit (like an apple, banana, or orange) is allowed by count.  
(Added 2004)  
 
1.12.2.  Methods of Sale.  – Ready -to-Eat Food sold from bulk or in single servings packed on the premises 
may be sold by weight, measure, or count (count includes servings).  
(Amended 1993)  
1.13.  Home Food Service Plan Sales . 
1.13.1.  Definitions . 
 
As used in this section, the following words and phrases shall have the following meanings : 
 
(a) Home Food Service Plan.  – The offering for sale to a consumer, in the consumer ’s home, any food 
item, or food item in combination with any nonfood item and/or services, whether or not a membership 
fee or similar charge is involved.  
 
(b) Seller.  – Any person, partnership, corporation, or association, however organized, engaged in the sale 
of a home food service plan.  
 (c) Buyer.  – Both the actual and prospective purchaser, but does not include persons purchasing for resale.  
 
(d) Contract.  – All of the collective written agreements subscribed by a buyer at the time of sale relating 
to the purchase of a home food service plan, except promissory notes or other financing agreements.  
 (e) Food Item.  – Each edible product sold as part of a home food service plan, including, but not limited 
to, each constituent part or kind of meat cut from a primal source , each kind of whole poultry  or 
poultry  part, seafood  products, and other like products.  
 (f) Nonfood Item.  – Each inedible product  sold as part of a home food service plan, including, but not 
limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping, and like products.  The term does not include food items and durable consumer goods such 
as appliances.  
 
(g) Unit Price.  – The price of a food or nonfood item sold as part of a home food service plan, computed 
to the nearest tenth of 1  cent when less than 1 dollar, and to the nearest cent when 1 dollar or more.  
The unit price, exclusive of any service charge(s), shall be expressed in terms of the price per unit of 
weight, measure, or count set forth in the “Uniform Unit Pricing Regulation” in the current edition of 
NIST Handbook 130. 
 
(h) Service Charge.  – The total price for any additional features , services, and processing associated with 
the purchase of a home food service plan, whether stated in terms of membership fees or ot herwise.  
 (i) Primal Source.  – Refers to the following cuts : 
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 (1) for beef, the primal sources are the round, flank, loin, rib, plate, brisket, chuck, and shank;  
 
(2) for veal and lamb or mutton, the primal sources are the leg, flank, loin, rack (rib), and shoulder ; 
and 
 (3) for pork , the primal sources are the belly, loin, ham, spareribs, shoulder , and jowl.  
1.13.2.  Contract and Disclosure Requirements.  
 1.13.2.1.  At the Time of Sa le: 
 
(a) At the time of sale, the Seller shall provide the Buyer with a single document, referred to in this subsection as the “written agreement,” which shall clearly and conspicuously disclose the following:  
 
(1) the name, address, and telephone number of the Seller and the name and address of the Buyer;  
 
(2) the date of the contract;  
 
(3) the price of the food and nonfood items of the home food service plan;  
 (4) the service charge or the price of any service charges associated with the home food service plan;  
 
(5) the total price of the home food service plan, including the price of the food and nonfood items, 
and the price of any service charge; and  
 
(6) a statement that the Buyer shall have the right to cancel the home food service plan contract until 
midnight of the third business day after the date on which the Buyer executed the contract or after 
the day on whi ch the Seller provided the Buyer with a fully executed copy of the contract, 
whichever is later, by giving written notice of cancellation to the Seller.  Compliance with 
requirements of federal statutes, rules, or regulations governing form of notice of ri ght of 
cancellation  shall be deemed satisfactory notice of the requirements of this regulation.  
 
(b) In addition to the above disclosures required in the written agreement, the following disclosures are 
required to be given to t he Buyer at the time of sale: 
 
(1) A written list of all food and nonfood items to be sold, which shall include:  
  
i. the identity of each unit and, where applicable, the USDA quality grade of the item, if so 
graded; the primal source; and the brand or trade name;  
 
ii. the quantity of each item sold;  
 
iii. the estimated serving size by net weight of each piece of meat, poultry , and seafood  item 
offered for sale under the home food service plan, provided, however, that such estimates shall not differ from the actual weight at the time of delivery by more than 5  % and the dollar 
value of the meat , poultry , and seafood  items delivered is equal to or greater than that 
represented to the Buyer; and 
 
iv. the net weight, measure, or count of all other food and nonfood items offered for sale.  
 
(2) A current unit price list stating in dollars and cents the price per kilogram or pound or other 
appropriate unit of measure, and the total sale price of each item to be delivered.  This price list 
shall clearly and conspicuously make reference to the fact of whether there are additional costs 
disclosed in the written agreement relating to any “service charges” associated with the purchase of the home food service plan.  
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 (3) If a membership is sold, a written statement of all terms, conditions, benefits, and privileges 
applicable to the membership.  
 (4) If a service charge is included, a writ ten statement specifically identifying the service(s) provided 
and the price(s) charged for them.  
 
1.13.2.2.  At the Time of De livery : 
 
(a) At the time of delivery, the Seller shall provide a receipt, for signature by the Buyer, disclosing the following in formation:  
 
(1) the identity of the item and the net quantity of the contents in terms of either weight, measure, 
or count, as required by applicable law.  The net weight of each food item delivered shall be within the limit specified in Section  1.13.2.1. b(i)(iii) Contract and Disclosure Requirements; 
and 
 
(2) the unit price and total sales price of each food and nonfood item.  The unit price shall be the 
same as that specified on the unit price list given to the Buyer at the time of sale.  
 
1.13.3.  Advertisement of Home Food Service Plans.  – Any advertisement of a home food service plan which 
discloses item pricing information in accordance with the provisions of this section shall set forth, in a clear and conspicuous manner, whether there are any service charges or other additional costs associated with the 
purchase of the home food service plan.  
(Added 1992)  
 
Section 2.  Non -food Products  [NOTE 1, page 109105]  
 
2.1.  Advertising and Price Computing of Bulk Commodities.  – The price of bulk commodities or commodities 
not in package form and sold by weight shall be advertised, displayed, and computed in terms of whole units of 
weight (i.e., grams, kilograms, pounds, ounces, etc.), and not in common or decimal fractions.  
(Added 1989)  
 
2.2.  Fence Wire Products.  – Rolls of fence wire products shall be sold by:  
 
(a) Gauge of wire.  
 
(b) Height in terms of inches or centimeters, if applicable.  
 
(c) Length in terms of rods , meters, or feet.  
(Added 1979)  
 
2.3.  Coatings.  – Asphalt paints , coatings, and plastics  shall be sold in terms of liquid measure.  
(Added 1971)  
 
2.4.  Fireplace and Stove Wood.  – For the purpose of this regulation, this section shall apply to the sale of all 
wood, natural and processed, for use as fuel or flavoring.  
(Amended 1999)  
2.4.1.  Definitions.  
 
2.4.1.1.  Fireplace and Stove Wood . – Any kindling, logs, boards, timbers, or other wood, natural or 
processed, split or not split, advertised, offered for sale, or sold for use as fuel.  
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2.4.1.2.  Cord.  – The amount of wood that is contained in a space of 128 ft3 when the wood is ranked and 
well stowed.  For the purpose of this regulation, “ranked and well stowed” shall be construe d to mean that 
pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and 
stacked in a compact manner.  
 
2.4.1.3.  Representation.  – This shall be const rued to mean any advertisement , offering, invoice, or the 
like that pertains to the sale of fireplace or stove wood.  
 
2.4.1.4.  Flavoring Chips. – Any kindling, logs , boards, timbers, or other natural or processed, split or 
unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.  
(Added 1999)  
 
2.4.2.  Identity.  – A representation may include a declaration of identity that indicates the species  group (for 
example, 50  % hickory, 50 % miscellaneous softwood).  Such a representation shall indicate, within 10 % 
accuracy, the percentag es of each group.  
 2.4.3.  Quantity.  – Fireplace and stove  wood shall be advertised, offered for sale, and sold only by measure, 
using the term “cord” and fractional parts of a cord or the cubic meter, except that:  
 
(a) Packaged natural wood.  – Natural wood offered for sale in packaged form in quantities less than 
0.45 m
3 (1/8 cord or 16  ft3) shall display the quantity in terms of: 
 
(1) liters, to include fractions of liters ; or  
 
(2) cubic inches, if less than one cubic foot; or  
 
(3) cubic feet, if one cubic foot or greater, to include fractions of a cubic foot.  
(Amended 2010)  
 
(b) Artificial compressed or processed logs.  – A single fireplace log shall be sold by weight, and 
packages of such individual logs shall be sold by weight plus count.  
 
(c) Stove wood pellets or chips.  – Pellets or chips not greater than 15 cm (6  in) in any dimension shall be 
sold by weight.  This requirement does not apply to flavoring chips.  
(Amended 1976 and 1991)  
 
(d) Flavoring chips. –  Flavo ring chips offered for sale in packaged form in quantities less than 0.45 m3 
(1/8 cord or 16 ft3) shall display the quantity in terms of:  
 
(1) liters, to include fractions of liters ; or 
 
(2) cubic inches, if less than one cubic foot; or  
 
(3) cubic feet, if one cubic foot or greater, to include fractions of a cubic foot.  
(Added 1998)(Amended 2010)  
 
Note:   In determining the appropriate Method of Sale , a clear distinction must be made as to whether the 
wood is being sold primarily as fuel (some wood is sold as fuel but flavoring is a byproduct) or strictly as a 
wood flavoring.  
(Added 2010)  
 
2.4.4.  Prohibition of Terms.  – The terms “face cord,” “rack,” “pile,” “truckload,” or terms of similar import 
shall not be used when advertising , offering for sale, or selling wood for use as fuel.  Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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2.4.5.  Delivery Ticket  or Sales Invoice . – A delivery ticket or sales invoice shall be presented by the seller to 
the purchaser whenever any non- packaged fireplace or stove wood is sold.  The delivery ticket or sales invoice 
shall contain at least the following infor mation:  
 
(a) the name and address of the vendor;  
 
(b) the name and address of the purchaser;  
 
(c) the date delivered;  
 
(d) the quantity delivered and the quantity upon which the price is based, if this differs from the delivered 
quantity;  
 
(e) the price of  the amount delivered; and 
 
(f) the identity , in the most descriptive terms commercially practicable, including any quality 
representation made in connection with the sale.  
(Added 1975)  
 
2.5.  Peat and Peat Moss.  – Applies only w ith respect to organic matter of geological origin, excluding coal and 
lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and 
occurring in a bog, swampland, or marsh, and containing an ash content not exceeding 25  % on a dry weight basis 
[dried in an oven at 105 ºC (221  ºF) until no further weight loss can be determined].  
 
2.5.1.  Declaration of Quantity.  – The declaration of quantity of peat and peat moss  shall be expressed in  terms 
of weight units or in cubic measure units.  
2.5.2.  Units . 
 
2.5.2.1.  Weight.  – Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in 
kilograms and/or pounds.  
 2.5.2.2.  Cubic Measure.  – Peat and peat moss sold in terms of cubic measure shall be offered and exposed 
for sale only in liters and/or cubic feet.  If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the  compressed state.  
(Added 1971) (Amended 1975, 1979, 1983, and 1997)  
 
2.6.  Prefabricated Utility Buildings.  – Shall be offered for retail sale on the basis of usable inside space as 
follows:  
(a) length, measured fr om inside surface of wall panels at the base;  
 
(b) width, measured from inside surface of wall panels at the base;  
 
(c) height, measured from the base to the top of the shortest wall panel.  
 Inside dimensions in SI units shall be declared to the nearest 0. 01 meter; inside dimensions in U.S. customary  units 
shall be declared to the nearest inch.  
 
If total usable inside space is declared in a supplemental declaration, it shall be to the nearest cubic decimeter or 
cubic foot.  
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2.7.  Roofing and Roofing Material.  – Shall be sold by the square meter only if sold in SI units, by the square, or 
by the square foot only if sold in U.S. customary  units.  
(Amended 1979)  
2.7.1.  Definitions . 
 
2.7.1.1.  Square Mete r. – The quantity of roofing or roofing material that, when applied according to the 
directions or instructions of the manufacturer , will cover one square meter exclusive of side laps or side 
joints.  
(Added 1979)  
 
2.7.1.2.  Square.  – The quantity of roofing or roofing material that, when applied according to directions or 
instructions of the manufacturer, will cover an area of 100 ft2 exclusive of side laps or side joints, provided, 
in the case of roofing or roofi ng material of corrugated design, the side lap or side joint shall be one full 
corrugation.  
 2.7.1.3.  Square Foo t. – The quantity of roofing or roofing material that, when applied according to the 
directions or instructions  of the manufacturer, will cover 1 ft
2 (144 in2) exclusive of side laps or side joints.  
 
2.7.2.  Declaration of Quantity.  – When the declaration of quantity on a package of roofing or roofing material 
contains the term “square,” it shall include, plainly a nd conspicuously, a numerical definition of the term 
“square.”  
 
 Example :  
“One square covers 100 ft2 of roof area.”  
 
2.7.2.1.  Common Fra ctions.  – The use of the common fraction one -third  (⅓) is specifically authorized in 
the quantity statement of a package of roofing or roofing material when, and only when, used as the 
common fraction of the “square.”  
 
2.7.2.2.  Quantity Statement.  – The primary declaration if in U.S. customary  units shall only be in  terms 
of squares or square feet, and if in metric units shall only be in terms of square meters.  There is no 
prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but in no 
case shall the weight of the material b e stated or implied.  However, the use of numerical descriptions for 
rolls of felt roofing material may continue to be used.  
(Added 1971) (Amended 1979)  
 
2.8.  Sealants.  – Caulking compounds , glazing compounds , and putty  shall be sold in terms of liquid measure, 
except that rope caulk  shall be sold by weight.  
(Added 1971) (Amended 1981)  
 
2.9.  Sod and Turf.  
 
2.9.1.  Application.  – For the purpose of this regulation, this section shall apply to all sod, including turf sod, 
turf plugs, and turf sprigs.  
 
2.9.2.  Definitions.   
 
2.9.2.1.  Sod.  – Shall mean “turf sod,” “turf plugs,” or “turf sprigs” of a single kind or variety or a mixture 
of kinds and varieties.  
 
2.9.2.2.  Turf.  – The live population of one or more kinds of grasses, legumes, or other plant species  used 
for lawns, recreational use, soil erosion cont rol, or other such purposes.  
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 2.9.2.3.  Turf p lug. – A small section cut from live turf of those kinds of turf normally vegetatively 
propagated (such as zoysia  grass) that when severed contain sufficient plant material to remain intact.  
 
2.9.2.4.  Turf s od. – A strip or section of live turf that when severed contains sufficient plant material to 
remain intact . 
 
2.9.2.5.  Turf sprig.  – A live plant, stolon, crown, or section cut from stolonifera plants used as turf . 
 
2.9.3.  Quantity.  – Sod shall be advertised, offered for sale, and sold by measure or by a combination of count 
and measure as prescribed by this subsection.  
 
2.9.3.1.  Turf s od. – Turf sod shall be advertised for sale and sold in terms of the square meter, square foot, 
or square yard, as appropriate.  
(Amended 1979)  
 
2.9.3.2.  Turf plugs.  – Turf plugs  shall be advertised for sale and sold in terms of count, combined with a 
statement of the plug diameter.  
 
2.9.3.3.  Turf sprigs.  – Turf sprigs shall be advertised for sale and sold in terms of the liter or bushel.  
(Added 1976) (Amended 1979)  
 
2.10.  Softwood Lumber.  – Applies to softwood boards, timbers, and dimension lumber that have been surfaced, 
but shall not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped; or to lumber 
remanufactured or joined so as to have changed the form or identity, such as individually assembled or packaged 
millwork items.  “Nominal sizes” for U.S. cust omary  dimensions are size designations used for convenience in 
describing approximate, rather than actual, sizes of lumber.  “Nominal sizes” were originally derived from the 
dimensions of rough lumber before surfacing and are always greater than the actual  dimensions; thus a dry “2 x× 4” 
is surfaced to actual dimensions of 1½  in x× 3½ in (38 mm x× 89 mm).  The requirements in this section refer to 
actual sizes of lumber; for nominal sizes (see Table  1. Softwood Lumber Sizes ).  The nominal sizes used in this  
section follow Department of Commerce Voluntary Product Standard PS  20-10, “American Softwood Lumber 
Standard,” or latest edition.  SI equivalents are included for actual measurements only.  
2.10.1.   Definitions.  
 
2.10.1.1.   Surfaced  (dressed)  Lumber.  – Lumber that has been surfaced by a machine (to attain 
smoothness of surface and uniformity of size) on one side (S1S), on two sides (S2S), one edge (S1E), two edges (S2E),  or a combination of sides and edges (S1S1E, S1S2E, S2S1E, S4S).  
 
2.10.1.2.   Boards.  – Lumber  38 mm (1½  in) or less in actual thickness and 38 mm (1½  in) or more in actual 
width.  Lumber less than 139 mm (5½  in) in actual width may be classified as strips.  
 
2.10.1.3.   Timbers.  – Lumber  114 mm (4½  in) or more in smallest dimension.  Timbers may be designated 
as beams , stringers, posts , caps , sills , girders , or purlins . 
 2.10.1.4.   Dimension  Lumbe r. – Lumber  from 38  mm (1½  in) to, but not including, 114 mm (4½  in) in 
actual thickness, and 38 mm (1½  in) or more in actual width.  Dimension lumber may be designated as 
framing , joists , planks , rafters , or studs . 
 2.10.1.5.   Rough Lumb er. – Lumber that has not been surfaced, but that has been sawed, edged, and 
trimmed at least to the extent of showing saw marks, or other primary manufacturing marks in the wood, on 
the four longitudinal surfaces of each piece for its overall length.  
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 2.10.1.6 .  Matched Lumber. – Lumber  that has been worked with a tongue on one edge of each piece and 
a groove on the opposite edge to provide a close tongue and groove joint by fitting two pieces t ogether; 
when end -matched, the tongue and groove are worked in the ends also.  
 
2.10.1.7.   Patterned Lumber.  – Lumber  that is shaped to a pattern or a molded form, in addition to being 
dressed, matched, or shiplapped, or any combination of these workings.  
 
2.10.1.8.   Shiplapped Lumber.  – Lumber  that h as been worked or rabbeted on both edges of each piece to 
provide a closelapped joint by fitting two pieces together.  
 
2.10.1.9.   Grade.  – The commercial designation assigned to lumber  meeting specifications established by a 
nationally recognized grade rule writing organization.  
 2.10.1.10.   Species.  – The commercial name assigned to a species of trees.  
 
2.10.1.11.   Species Group.  – The commercial name assigned to two or more individual species having 
similar characteristics.  
 
2.10.1.12.   Representation.  – A “representation” shall be construed to mean any advertisement, offering, 
invoice, or the like that pertains to the sale of lumber.  
 
2.10.1.13.   Minimum Dressed Sizes (width and thickness).  – The standardized width and thickness at 
which lumber  is dressed when manufactured in accordance with the U.S. Department of Commerce 
Voluntary Product Standard PS 20-10), “American Softwood Lumber Standard,” or latest edition, and 
regional grading rules conforming to  PS 20-10 or latest edition.  (See Table  1. Softwood Lumber Sizes.)  
 
2.10.2.  Identity.  – Representations shall include a declaration of identity that specifies the grade or grades, 
species or species group, and whether the lumber is unseasoned (green)  or dry . 
 
2.10.3.  Quantity.  – Representations shall be in terms of : 
 
(a) the number of  pieces ;  
 
(b) the minimum surfaced width and thickness ; and  
 (c) either the length of individual pieces or the lineal footage, except that the use of nominal dimensions shall be allowed as long as a table of minimum surfaced sizes is displayed prominentl y or the actual 
dimensions are prominently displayed to the customer and the term “nominal” or “nom” is also used in 
conjunction with any representation of dimensions.  
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 Table 1.  Softwood Lumber Sizes  
 
Minimum standard surfaced sizes at the time of manufacture for both unseasoned ( green) and dry  lumber as 
published by the U.S. Department of Commerce in Voluntary Product Standard PS  20-10 or latest edition.  
Product Classification  
(Nominal Size)  
 Minimum Dressed Sizes**  
Unseasoned  Dry 
Inches  Inches  Millimeters  Inches  Millimeters  
Surfaced Lumber*  
2 x× 2 19/16  × 19/16 40 x× 40 1½ x× 1½ 38 x× 38 
2 x× 2½ 19/16 x× 21/16 40 x× 52 1½ x× 2 38 x× 51 
2 x× 3 19/16 x× 29/16 40 x× 65 1½ x× 2½ 38 x× 64 
2 x× 4 19/16 x× 39/16 40 x× 90 1½ x× 3½        38 x× 89 
2 x× 6 19/16 x× 55/8 40 x× 143 1½ x× 5½ 38 x× 140 
2 x× 8 19/16 x× 7½ 40 x× 190 1½ x× 7¼ 38 x× 184 
2 x× 10 19/16 x× 9½ 40 x× 241 1½ x× 9¼ 38 x× 235 
2 x× 12 19/16 x× 11½ 40 x× 292 1½ x× 11¼ 38 x× 286 
Board Lumber  
1 x× 2 25/32 x× 19/16 20 x× 40 ¾ x× 1½ 19 x× 38 
1 x× 3 25/32 x× 29/16 20 x× 65 ¾ x× 2½ 19 x× 64 
1 x× 4 25/32 x× 39/16 20 x× 90 ¾ x× 3½ 19 x× 89 
1 x× 6 25/32 x× 55/8 20 x× 143 ¾ x× 5½ 19 x× 140 
1 x× 8 25/32 x× 7½ 20 x× 190 ¾ x× 7¼ 19 x× 184 
1 x× 10 25/32 x× 9½ 20 x× 241 ¾ x× 9¼  19 x× 235 
1 x× 12 25/32 x× 11½ 20 x× 292 ¾ x× 11¼  19 x× 286 
*The dry thicknesses of nominal 3 in and 4 in lumber are 2½  in (64 mm) and  3½ in (89 mm); unseasoned 
thicknesses are 29/16 in (65 mm) and 39/16 (90 mm).  Widths for these thicknesses are the same as shown above.  
**PS  20-10 defines dry lumber as being 19  % or less in moisture content and unseasoned lumber as being over 
19 % moisture content.  The size of lumber changes approximately 1 % for each 4  % change in moisture content.  
Lumber stabilizes at approximately 15  % moisture content under normal use conditions.  
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 (Added 1971) (Amended 1990 and 1993)  
2.11.  Carpet . – Anyone who sells carpet shall provide the purchaser with written statements at the time of sale 
giving the following information: 
 
(a) The name and address of the manufacturer.  
 
(b) The style name and roll number of the carpet.  
 
(c) The generic name of the fiber and the type of backing material.  
 (d) The amount delivered (exact size shipped).  
 
(e) The price per square meter if sold in SI units, or the price per square foot if sold in U.S. customary  units, 
and the total price.  
(Added 1977)  (Amended 1979 and 1999)  
 
2.12.  Hardwood Lumber - Retail Sales.  – The requirements of this section apply to retail sales of hardwood 
lumber, but not to hardwood flooring, molding, or other pre -formed products.  
2.12.1.  Definitions.  
 
2.12.1.1.  Board Foot. – The U.S. customary  unit of volume measurement for hardwood lumber .  A board 
foot is the volume of a board 1 ft long, 1  ft wide, and 1 in thick or its equivalent (144 in
3 of wood).  
 
2.12.1.2.  Surfac ed Lumber.  – Lumber that has been surfaced for the purpose of attaining smoothness of 
surface and uniformity of size.  
 
2.12.1.3.  Kiln Drying.  – A specialized process used to minimize dimensional changes in service.  
Hardwood  lumber  used for most products must have moisture removed by placing it in a drying kiln with 
controlled humidity and heat for a period of time determined by the initial and the final moisture content, 
the species , and the thickness.  
 
2.12.1.4.  Surface M easure.  – A rounded area measurement for hardwood lumber .  The surface measure 
shall be determined by multiplying the full width of the piece in inches and fractions by the standard length 
(see Section  2.12.1.7. Standard Lengths) in feet, dividing by  12, and rounding up or down to the nearest 
whole square foot.  (Fractions less than or equal to one -half square foot are rounded down and those greater 
than one -half square foot are rounded up.)  
 
2.12.1.5.  Species.  – The commercial name assigned to a species of trees.  
 
2.12.1.6.  Species G roup.  – The commercial name assigned to two or more individual species having 
similar characteristics.  
 
2.12.1.7.  Standard L engths.  – 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16 feet.  Fractional lengths are 
rounded down to the next lower standard length (for example, if a board is 6 ft 8 in long, its length is 
rounded down to 6 ft). 
 
2.12.1.8.  Stock Widths.  – Special items manufactured to predetermined widths, normally for retail sale.  
 
2.12.2.  Identity.  – Representations shall inc lude a declaration of identity that specifies the species or species 
group.  
 2.12.3.  Surfaced (S4S) Lumber Manufactured to Stock Widths.   
 
2.12.3.1.  Quantity.  – Representations shall be in terms of one of the following:  Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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(a) by linear measure when surfac ed width and thickness are stated; or 
 
(b) by count when length and surfaced width and thickness are stated; or 
 
(c) by surface measure (square feet) when a thickness is stated.  
 
2.12.3.2.  Representations.  – The use of nominal dimensions shall be allowed if the table of Minimum 
Surfaced Sizes for Kiln Dried Hardwood Lumber or the actual dimensions are prominently displayed to the 
customer, and the term “nominal” or “nom” is used in conjunction with any repr esentation of nominal 
dimensions.  
 
2.12.3.3  Minimum surfaced sizes for Kiln Dried Lumber (width and thickness).  – Table  2. Minimum 
Surfaced Sizes  for Kiln Dried Hardwood Lumber  shows the minimum sizes for the stock widths listed.  
This table includes dime nsions for thicknesses of 1 in and 2 in thick stock lumber.  Hardwood lumber is 
also manufactured in thicknesses of 1¼  in (1 in surfaced) and 1½  in (13/16 in surfaced).  For other 
thicknesses, use the nominal and minimum widths from the table.  For example :  a board with the nominal 
dimensions of 1¼  in x 4  in would have minimum thickness of 1 in and minimum width of 3½  in. 
 
Table  2.  Minimum Surfaced Sizes for Kiln Dried Hardwood Lumber  
SI Units for Thickness and Width  Thickness and Width in Inches  
Minimum Sizes in Millimeters  Nominal Sizes  Minimum Sizes  
38 x× 89 2 x× 4 1½ x× 3½ 
  38 x× 140 2 x× 6 1½ x× 5½ 
  38 x× 184 2 x× 8 1½ x× 7¼ 
  38 x× 235   2 x× 10 1½ x× 9¼ 
  38 x× 286   2 x× 12   1½ x× 11¼ 
19 x× 19 1 x× 1 ¾ x× ¾ 
19 x× 38 1 x× 2   ¾ x× 1½ 
19 x× 63 1 x× 3   ¾ x× 2½ 
19 x× 89 1 x× 4   ¾ x× 3½ 
  19 x× 140 1 x× 6   ¾ x× 5½ 
  19 x× 184 1 x× 8   ¾ x× 7¼ 
  19 x× 235   1 x× 10   ¾ x× 9¼ 
  19 x× 286   1 x× 12     ¾ x× 11¼ 
The dry thickness of nominal 1½  in lumber is 13/16 in.  The dry thickness of nominal 1¼  in lumber is 1  in.  Sizes are 
shown in inches and millimeters.  Minimum sizes in millimeters are calculated by multiplying the size in inches by 
25.4 and rounding to the nearest millimeter.  The rule for rounding is:  round up for numbers greater than 0.50 mm 
and round down for numbers less than or equal to 0.50 mm.  In case of a dispute on size measurements, the i nch 
measurement takes precedence.  Nominal and minimum widths for these thicknesses are shown above.  The SI 
equivalents for 1 in and 13/16 in lumber are 25.4 mm and 30.1 mm, respectively.  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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 2.12.4.  Random Width Lumber . 
 
2.12.4.1.   Sales of Random Width Hardwood Lumber . – Sales of random width hardware lumber  
measured after kiln drying shall be quoted, invoiced, and delivered on the basis of net board footage with 
no addition of footage for kiln drying shrinkage or surfa cing.  Sales of hardwood lumber measured and sold 
prior to kiln drying or surfacing shall be quoted, invoiced, and delivered on the basis of net board footage before kiln drying or surfacing.  If the lumber is to be kiln dried or surfaced at the request of  the purchaser, 
the kiln drying or surfacing charge shall be clearly shown and identified on the quotation and invoice.  
(Amended 1993)  
 
2.13.  Polyethylene Products . 
 
2.13.1.  Consumer and Non-consumer Products . – Offered and exposed for sale shall be sold in the terms 
given in Section  2.13.1.1. Sheeting and film.  
2.13.1.1.  Sheeting  and Film. 
 
Consumer products shall include quantity statements in both SI and U.S. customary  units . 
 
Consumer products:  
 
(a) length and width (in SI and U.S. customary  units)  
 
(b) area (in square meters and square feet)  
 
(c) thickness (in micrometers and mils [NOTE  4, page 124120]) 
 
(d) weight (in SI and U.S. customary  units)  
 
Non-Consumer Products:  
 
(a) length and width (in SI or U.S. customary  units)  
 (b) area (in square meters or square feet)  
 
(c) thickness (in micrometers or mils [NOTE  4, page 124120]) 
 
(d) weight (in SI or U.S. customary  units)  
(Added 1982) (Amended 1979, 1993, and 1998)  
 NOTE  4:  1 mil = 0.001 in = 25.4 micrometers (µ m).  1 micrometer = 0.000 039 37  in. 
(Amended 1993)  
 
2.13.2.  Consumer Products . – At retail shall be sold in the terms given in Section  2.13.2.1. Food wrap, 
Section  2.13.2.2. Lawn and trash bags, and Section  2.13.2.3. Food and sandwich bags.  
2.13.2.1.  Food Wrap. 
 
(a) length and width 
 
(b) area in square meters and square feet  
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 2.13.2.2.  Lawn and Trash B ags. 
 
(a) count  
 
(b) dimensions  
 
(c) thickness in micrometers and mils  
(Amended 1993)  
 
(d) capacity [NOTE  5, page 125121]  
2.13.2.3.  Food and Sandwich B ags. – The capacity statement does not apply to fold- over sandwich bags.  
 
(a) count  
 
(b) dimensions  
 
(c) capacity [NOTE  5, page 125121]  
 NOTE 5:   See Section  10.8.2. Capacity of the Uniform Packaging and Labeling Regulation.  
 
2.13.3.  Non -consumer Products.  – Shall be offered and exposed for sale in the terms given in 
Section  2.13.3.1.  Bags.  (Package shall be labeled in SI or U.S. customary  units and may include both units.)  
(Amended 1998)  
2.13.3.1.  Bags . 
 
(a) count  
 (b) dimensions  
 
(c) thickness in micrometers or mils  
 
(d) weight  
 
(e) capacity [NOTE  5, page 125121] 
 
2.13.4.  Declaration of Weight.  – The labeled statement of weight for polyethylene sheeting and film products 
under Sections  2.13.1.1. Sheeting and film, and 2.13.3.1. Bags, shall be equal to or greater than the weight 
calculated by using the formula below.  The final value shall be cal culated to four digits, and declared to three 
digits, dropping the final digit as calculated (for example, if the calculated value is 2.078 lb, then the declared 
net weight shall be 2.07 lb). 
 
For SI dimensions:  
 
M = T x × A x× D/1000, where:  
 
M = net mass in kilograms  
T = nominal thickness in centimeters  
A = nominal length in centimeters times nominal width [NOTE 6, page 126122] in centimeters  
D = minimum density in grams per cubic centimeter as defined by the latest version of ASTM 
Standard D1505, “ Standard Test Method for Density of Plastics by the Density -Gradient 
Technique ” and the latest version of ASTM Standard D883, “Standards Terminology Relating 
to Plastics.”  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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For the purpose of this regulation, the minimum density  (D) for linear low density  polyethylene plastics 
(LLDPE) shall be 0.92 g/cm3 (when D is not known).  
 
For the purpose of this regulation, the minimum density (D) for linear medium density polyethylene plastics (LMDPE) shall be 0.93 g/cm
3 (when D is not known).  
 For the purpose of this regulation, the minimum density (D) for high density polyethylene plastics (HDPE) shall be 0.94 g/cm
3 (when D is not known).  
 
For U.S. customary  dimensions:  
 
W = T x× A x× 0.03613 x× D, where:  
 
W = net weight in pounds  
T = nominal thickness in inches;  
A = nominal length in inches times nominal width [NOTE 6, page 12612 2] in inches  
D = minimum density in grams per cubic centimeter as defined by the latest version of ASTM 
Standard D1505, “Standard Test Method for Density of Plastics by the Density -Gradient  
Technique” and the latest version of ASTM Standard D883, “Standards Terminology Relating 
to Plastics.”  
 
0.03613 is a factor for converting g/cm3 to lb/in3 
 For the purpose of this regulation, the minimum density (D) for linear low density polyethylene plastics 
(LLDPE) shall be 0.92 g/cm
3 (when D is not known) . 
 
For the purpose of this regulation, the minimum density (D) for linear medium density polyethylene plastics 
(LMDPE) shall be 0.93 g/cm3 (when D is not know n). 
 
For the purpose of this regulation, the minimum density (D) for high density polyethylene plastics (HDPE) shall 
be 0.94 g/cm3 (when D is not known).  
(Added 1977) (Amended 1980, 1982, 1987, 1989, 1990, 1993,  and 2012)  
 
NOTE 6:   The nominal width for bags in this calculation is twice the labeled width.  
 
2.14.  Insulation.  
 
2.14.1.  Packaged Loose -Fill Insulation Except Cellulose.  – The label shall declare:  
  
(a) the type of insulation and the net weight with no qualifying statement; and 
 
(b) the minimum thickness, maximum net coverage area, and minimum weight per square foot at R  values 
of 11, 19, and  22.  This information shall also be supplied for any additional R  values listed.  
(Amended 1990)  
 
2.14.2.  Packaged Loose -Fill Cellulose Insulation.  – The label shall declare:  
 
(a) the type of insulation and the net weight with no qualifying statement; and 
 (b) the minimum thickness, maximum net coverage area,  number of bags per 1000 ft
2, and minimum 
weight per square foot at R  values of 13, 19, 24, 32, and 40.  This information shall also be supplied 
for any additional R  values listed.  
(Amended 1990)  
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 2.14.3.  Batt and Blanket Insulation.  – The principal display panel of packaged batt or blanket insulation shall 
declare the square feet of insulation in the package and the length and width of the batt or blanket.  In addition, 
R value and thickness shall be declared on the packa ge. 
 
2.14.4.   Installed Insulation.  – Installed insulation  must be accompanied by a contract or receipt.  For all 
insulation except loose -fill and aluminum foil, the receipt must show the coverage area, thickness, and R  value 
of the insulation installed.  For loose -fill, the receipt must show the coverage area, thickness, and R  value of the 
insulation, plus the number of bags used.  For aluminum foil, the receipt must show the number and thickness of 
the air spaces, the direction of heat flow, and R  value.  The receipt must be dated and signed by the installer.  
 
Example:   This is to certify that the insulation has been installed in conformance with the requirements 
indicated by the manufacturer to provide a value of R  19 using 31.5 bags of insulation to cover 1500 ft2 
area.  Signed and dated.  
(Added 1979) (Amended 1983)  
 
2.15.  Solid Fuel Products.  – Anthracite , semi anthracite , bituminous , semi -bituminous  or lignite coal , and any 
other natural, manufactured, or patented fuel, not in liquid or gaseous form, except fireplace and stove wood, shall be offered, exposed for sale, or sold by net weight when in package form.  
(Added 1979)  
2.16.  Compressed or Liquefied Gases in Refillable Cylinders . 
 2.16.1.  Application.  – This section does not apply to disposable cylinders of compressed or liquefied gases.  
 2.16.2.  Net Contents.  – The net contents shall be expressed in terms of cubic meters or cubic feet, kilograms, 
or pounds and ounces.  See Section 2.21. Liquefied Petroleum Gas for permitted expressions of net contents for 
liquefied petroleum gas.  A standard cubic foot of gas is defined as a cubic foot at a temperature of 21  ºC (70  ºF) 
and a pressure of 101.35 kilopascals (14.696 psia) , except for liquefied petroleum gas as stated in Section 2.21.  
 
2.16.3.  Cylinder Labeling.  – Whenever cylinders are used for the sale of compre ssed or liquefied gases by 
weight, or are filled by weight and converted to volume, the following shall apply:  
2.16.3.1.  Tare weights . 
(a) Stamped or Stenciled Tare Weight .  – For safety purposes, the tare weight shall  be legibly and 
permanently stamped or stenciled on the cylinder.  All tare weight values shall be preceded by the 
letters “TW” or the words “tare weight.”  The tare weight shall include the weight of the cylinder 
(including paint), valve, and other permanent attachments.  The weight of a protective cap shall 
not be included in tare or gross weights.  The Code of Federal Regulations Title  49, 
Section  178.50- 22 requires the maker of cylinders to retain test reports verifying the cylinder tare 
weight accuracy  to a tolerance of  1 %. 
 
(b) Tare Weigh t for Purposes  of Determining  the Net Contents . – The tare weight used in the 
determination of the final net contents may be either: 
 
(1) the stamped or stenciled tare weight ; or 
 
(2) the actual tare determined at the time of filling the cylinder.  If the actual tare is determined at 
the time of filling the cylinder, it must be legibly marked on the cylinder or on a tag attached 
to the cylinder at the time of filling.  
 
(c) Allowable differe nce. – If the stamped or stenciled tare is used to determine the net contents of 
the cylinder, the allowable difference  between the actual tare weight and the stamped (or Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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 stenciled) tare weight, or the tare weight on a tag attached to the cylinder for a new or used 
cylinder, shall be:  
 
(1) ½ % for tare weights of 9  kg (20 lb) or less ; or 
 
(2) ¼ % for tare weights of more than 9 kg (20 lb). 
 
(d) Average requirement . – When used to determine the net contents of cylinders, the stamped or 
stenciled tare weights of cylinders at a single place of business found to be in error predominantly 
in a direction favorable to the seller and near the allowable difference  limit shall be considered to 
be not in conformance with these requirements.  
 2.16.3.2.  Acetylene Gas Cylinder Tare Weights . – Acetone in the cylinder s hall be included as part of 
the tare weight.  
 
2.16.3.3.  Acetylene Gas Cylinder Volumes . – The volumes of acetylene shall be determined from the 
product weight using approved tables such as those published in NIST Handbook 133 or those developed 
using 70 ºF (21  ºC) and 14.7  ft
3 (101.35 kPa) per pound at 1 atmosphere as conversion factors.  
 
2.16.3.4.  Compressed Gases such as Oxygen, Argon, Nitroge n, Helium, and Hydrogen.  – The volumes 
of compressed gases such as oxygen, argon, nitrogen, helium, or hydrogen shall be determined using the tables and procedures given in NIST Technical Note  1079, Tables of Industrial Gas Container Contents and 
Density for Oxygen, Argon, Nitrogen, Helium, and Hydrogen and supplemented by additional procedures 
and tables in NIST Handbook 133. 
(Added 1981) (Amended 1990)  
2.17.  Precious Metals . 
2.17.1.  Definition . 
 2.17.1.1.  Precious M etals.  – Gold , silver , platin um, or any item composed partly or completely of these 
metals or their alloys and in which the market value of the metal in the item is principally  the gold, silver, 
or platinum component.  
 
2.17.2.  Quantity.  – The unit of measure and the method of sale  of precious metals , if the price is based in part 
or wholly on a weight determination, shall be either troy weight or SI units.  When the measurement or method 
of sale  is expressed in SI units of mass, a conversion chart to troy units shall be prominently displayed so as to 
facilitate price comparison.  The conversion chart shall also display a table of troy weights  indicating grains, 
pennyweights, and troy ounces.  
(Added 1982)  
2.18.  Mulch . 
2.18.1.  Definition .  
 
2.18.1.1.  Mulch . – Any product or material except peat or peat moss (see Section  2.5. Peat and Peat Moss ) 
that is advertised , offered for sale, or sold for primary use as a horticultural, aboveground dressing, for 
decoratio n, moisture control, weed control, erosion control, temperature control, or other similar purposes.  
(Added 1987)  
 
2.18.2.  Quantity.  – All mulch shall be sold, offered, or exposed for sale in terms of volume measure in SI units 
in terms of the cubic meter or liter or in U.S. customary  units in terms of the cubic yard or cubic foot . 
(Added 1983) (Amended 1987)  
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 2.19.  Kerosene  (Kerosine) . – All kerosene  kept, offered, exposed for sale, or sold shall be identified as such and 
will include, with the word kerosene, an indication of its compliance with the latest version of  the standard 
specification ASTM  Standard  D3699, “Standard Specification for Kerosine.”  
 
 Example :   
1K Kerosene; Kerosene -  2K. 
(Added 1983)  
 
2.19.1.  Retail Sale from Bulk.  – All kerosene kept, offered, or exposed for sale and sold from bulk at retail 
shall be in terms of the gallon or liter.  
(Added 2012)  
 2.20.  Gasoline -Oxygenate Blends . 
 
2.20.1.  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 
oxygenat e in the engine fuel.  For example, the label may read “contains ethanol” or “with 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, th e 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).  
(Amended 1996)  
 
2.20.2.  Documentation for Dispenser Labeling Purposes.  – The retailer shall be provided, at  the time of 
delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other 
documentation:  
 
(a)  Information that complies with 40 CFR § 80.1503 when the fuel contains ethanol.  
(b)  For fuels that do not contain ethanol, information that complies with 40 CFR § 80.1503 and a 
declaration of the predominant oxygenate or com bination 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.”  
(c)  Gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” 
or “containing” methanol.  
(Added 1984) (Amended 1985, 1986, 1991, 1996, and 2014 ) 
 
2.21.  Liquefied Petroleum Gas.  – All liquefied petroleum gas, including , but not limited to propane , butane , and 
mixtures thereof, shall be kept, offered, exposed for sal e, or sold by the pound, metered cubic foot [NOTE  7, page 130125] 
of vapor (defined as 1  ft3 at 60  ºF [15.6 °C]), or the gallon (defined as 231 in3 at 60  ºF [15.6 °C]).   All metered sales 
by the gallon, except those using meters with a maximum rated capacity of 20 gal/min or less, shall be accomplished 
by use of a meter and device that automatically compensates for temperature.  
(Added 1986)  
 
NOTE 7:  Sources:  American N ational Standards Institute, Inc., “American National Standard for Gas 
Displacement Meters (500 Cubic Feet per Hour Capacity and Under),” First edition , 1974, and NIST Handbook  44, 
“Specifications, Tolerances, and Other Technical Requi rements for Weighing and Measuring Devices.”  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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Agency No. 209.02  
 2.22.  Liquid Oxygen Used for Respiration.  
 
(a) If sold by weight, liquid oxygen must be weighed on an appropriate, sealed commercial scale.  A pressure 
or other type of gauge may not be used to determine weight.  
 
(b) A delivery ticket or sales invoice shall be provided and shall contain at least the following information: 
 
(1) date delivered ; 
 
(2) name and address of vendor ; 
 
(3) name and address of the purchaser ; 
 
(4) if sold by weight:  
 
i. weight of cylinde r before filling ; 
 
ii. weight of cylinder after filling ; and 
 
iii. the net weight of liquid oxygen delivered;  
 
(5) if sold by measure:  
 
i. measurement and any computation used to arrive at the net quantity of liquid oxygen delivered;  
 
(6) the unit price ; 
 (7) the total computed price ; and 
 
(8) weigher’s or measurer’s signature.  
(Added 1989)  
 
2.23.  Animal Bedding.  – Packaged animal bedding  of all kinds, except for baled straw, shall be sold by volume, 
that is, by the cubic meter, liter, or milliliter and by the cubic yard, cubic foot, or cubic inch.  If the commodity is 
packaged in a compressed state, the quantity declaration shall include both the quantity in the compressed state and 
the usable quantity that can be recovered.   Compressed animal bedding packages shall not include pre -compression 
volume statements.  
  Example :   
250 mL expands to 500 mL (500  in3 expands to 1000 in3).) 
(Added 1990) (Amended 2012)  
 
2.23.1. Exemption - Non-Consumer Packages Sold to Laboratory Animal Research Industry.  –  Packaged 
animal bedding consisting of granular corncobs and other dry (8 % or less moisture), pelleted , and/or non -
compressible bedding materials that are sold to commercial (non -retail) end users in the laboratory animal 
research industry (government, medical, university, preclinical, pharmaceutical, research, biotech, and research institutions) may be sol d on the basis of weight.  
(Added 2010)  
 
2.24.  Wiping Cloths.  – Wiping cloths shall be sold by net weight or by count plus size of wiping cloths.  When 
sold by cou nt plus size, and the wiping cloths are of assorted sizes, the term “irregular dimensions” and the 
minimum size of such cloths must be declared.  The gross weight may not be printed on any package, either 
consumer or non -consumer.  
(Added 1991)  Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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Agency No. 209.02  
 
  
2.25.  Bale r Twine.  – Baler twine shall be sold on the basis of length in meters or feet, and net mass or weight by 
kilograms or pounds.  
(Added 1992)  
 
2.26.  Potpourri.  – Potpourri shall be sold as foll ows:  
 
(a) Potpourri packaged in advance of sale shall be sold by weight, except when sold in a decorative container 
or sachet, which may be sold by count.  
 (b) Potpourri sold from bulk shall be sold by weight or by dry volume.  
(Added 1992)  
2.27.  Retail Sales of Natural Gas Sold as a Vehicle Fuel.  
2.27.1.  Definitions.  
 
2.27.1.1.  Natural Gas. – A gaseous fuel composed primarily of methane that is suitable for compression 
and dispensing into  a fuel storage container(s) for use as an engine fuel.  
 2.27.1.2.  Gasoline Liter Equivalent (GLE).  – Gasoline liter equivalent (GLE) means 0.678 kg of natural 
gas. 
 2.27.1.3.  Gasoline Gallon Equivalent  (GGE).  – Gasoline gallon equivalent  (GGE) means 2.567 kg 
(5.660 lb) of natural gas.  
 
2.27.1.4.      Diesel liter equivalent (DLE). –  means 0.756 kg of natural gas.  
(Added 2013)  
 
2.27.1.5.     Diesel gallon equivalent (DGE). –  means 2.821 kg (6.22 lb) of natural gas.  
(Added 2013)  
2.27.2.  Method of Retail Sale and Dispenser Labeling.  
 
2.27.2.1.  Method of Retail S ale. – All natural gas kept, offered, or exposed for sale and sold at retail as a 
vehicle fuel shall be in terms of  
 
(a) The gasoline liter equivalent (GL E) or gasoline  gallon  equivalent (GGE);  or 
 
(b) The diesel liter equivalent (DLE) or diesel gallon equivalent (DGE).  
      (Amended 2013)  
 
 
2.27.2.2.  Dispenser Lab eling.  – All retail 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  
 
(a) 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” consiste nt with the 
method of sale used; or  
 
(b) either the statement “1 Diesel Liter Equivalent (DLE) is equa l to 0.756 kg of Natural Gas or “1 
Diesel Gallon Equivalent (DGE) is equal to 6.22 lb of Na tural Gas” consistent with the method of 
sale used.  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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Agency No. 209.02  
 (Amended 2013)  
2.28.  Communication Paper.  
2.28.1.  Definitions.  
 
2.28.1.1.  Communication Paper.  – Packaged bond, mimeo, spirit duplicator, xerographic, and other 
papers, including cut -sized office paper and computer paper.  
 2.28.1.2.  Basis Weight.  – As used in this regulation for labeling means the grade, category, or identity of 
the paper determined according to the latest version of ASTM Standard Method D646 , “Grammage of 
Paper and Paperboard.”  Basis weight is used as a st andard of identity and is not considered a net weight 
declaration.  
2.28.2.  Method of Retail Sale and Labeling.  
 
2.28.2.1.  Method of Retail S ale. – All packaged communication paper kept, offered, or exposed for sale 
and sold at retail shall be sold in terms of sheet length and width and count.  
 
2.28.2.2.  Labeling.  – Communication paper in package form shall bear a label that includes:  
 
(a) a declaration of quantity, in terms of sheet length and width and count, in the lower 30 % of the 
principal display panel.  
 (b) a declaration of identity including the basis weight, and may include such other information as 
grain direction, color, brightness , printed lines, and hole punch information.  Due to the variation 
in basis weight in manufacturing and analysis, the basis weight declared on the label shall correspond to the basis weight declared by the original manufacturer.  
(Added 1994)  
 
2.29.   Sand, Rock, Gravel, Stone, Paving Stone, and Similar Materials , when Sold in Bulk.  – All sand, rock, 
gravel, stone, paving stone, and similar materials kept, offered, or exposed for sal e in bulk must be sold as follows:  
 
(a) Top soil, fill dirt, aggregate or chipped rock, sand (including concrete and mortar sand), decomposed 
granite, landscape type rock, and cinders must be sold by the cubic meter or cubic yard or by weight.  
 
(b) Flagsto ne must be sold by weight.  
 
(c) Dimensional cut stone must be sold by square meter, square foot, or weight.  
 (d) This requirement does not apply to single stones with engraving such as gravestones, natural or manmade 
artwork, landscape boulders, and pre -cast uniform size blocks.  
(Added 2000)  
 
2.30.  Ethanol  Flex Fuel .  
 
2.30.1.  How to Identify Ethanol  Flex Fuel . – Ethanol flex fuel shall be identified as  “Ethanol Flex Fuel or 
EXX Flex Fuel .” 
2.30.2.  Labeling Requirements . 
 
(a) Ethanol flex fuel with an ethanol concentration no less than 51 and no greater than 83 volume percent 
shall be labeled “ Ethanol Flex Fue l, minimum 51  % ethanol.”  
(Amended 2014)  Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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Agency No. 209.02  
 
  
(b) Ethanol flex f uel with an ethanol concentration less than or equal to 50 vol ume percent shall be labeled 
“EXX Flex Fuel , minimum YY % ethanol ,” where the XX is the target ethanol concentration in 
volume percent and YY is XX minus five (−  5).  The actual ethanol concentration of the fuel shall be 
XX volume percent plus or minus five (±  5) volume percent.   
 (Added 2014)  
(b)(c) A
 label shall be posted which states “For Use in Flexible Fuel Vehicles (FFV) 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).  A label shall be posted which 
states, “ Consult Vehicle Manufacturer Fuel Recommendations CHECK OWNERS MANUAL ,” and 
shall not be less than 6 mm ( ¼ in) in height by 0.8 mm (1/32 in) stroke; blo ck style letters and the color 
shall be in definite contrast to the background color to which it is applied.  
(Amended 2014)  
(Added 2007)  (Amended 2014)  
 
2.31.  Biodiesel and Biodiesel Blends.   
 
2.31.1.  Identification of Product.  – Biodiesel shall be identified by the term “Biodiesel” with the designation 
“B100.”  Biodiesel B lends shall be identified by the term  “Biodiesel Blend.”  
2.31.2.  Labeling of Retail Dispensers.   
 
2.31.2.1.   Labeling of G rade Required . – Biodiesel shall be identified by the grades S15 or S500.  
biodiesel blends shall be identified by the grades No.  1-D, No.  2-D, or No.  4-D. 
 
2.31.2.2.   EPA Labeling Requirements also Apply.  – Retailers and wholesale purchaser -consumers of 
biodiesel blends shall comply with EPA pump labeling requirements for sulfur under 40 CFR  § 80.570.  
 
2.31.2.3.   Automotive Fuel R ating . – Biodiesel and b iodiesel blends shall be labeled with its automotive 
fuel rating in accordance with 16  CFR  Part 306. 
 2.31.2.4.  Biodiesel Blends. – When biodiesel blends greater than 20 % by volume are offered  by sale, each 
side of the dispenser where fuel can be delivered shall have a label conspicuously placed tha t states 
“Consult Vehicle Manufacturer Fuel Recommendations.”   The lettering of this legend shall not be less than 
6 mm (
¼ in) in height by 0 .8 mm (1/32 in) stroke; block style letters and the color shall be in definite contrast 
to the background color to which it is applied.  
 
2.31.3.  Documentation for Dispenser Labeling Purposes.  – The retailer shall be provided, at the time of 
delivery of the fuel, a declaration of the volume percent biodiesel on an invoice, bill of lading, shipping paper, 
or other document.  This documentation is for dispenser labeling purposes only; it is the res ponsibility of any 
potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.  
 
2.31.4.  Exemption.  – Biodiesel blends that contain less than or equal to 5  % biodiesel by volume are exempt 
from the requirements of Sections  2.31.1. Identification of Product, 2.31.2. Labeling of Retail Dispensers, and 
2.31.3. Documentation for Dispenser Labeling Purposes when it is sold as diesel fuel.  
(Added 2008)  
2.32.  Retail Sales of Hydrogen  Fuel  (H). 
 
2.32.1.  Definitions  for Hydrogen  Fuel.  – A fuel composed of molecular  hydrogen intended for consumption 
in a surface vehicle or electricity production device with an internal combustion engine or fuel cell.  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
Markup Copy  
Agency No. 209.02  
 (Amended 2012)  
2.32.2.  Method of Retail Sale and Dispenser Labeling . – All hydrogen fuel kept, offered, or exposed for 
sale and sold at retail shall be in mass units in terms of the kilogram.   The symbol for hydrogen vehicle fuel 
shall be the cap ital letter  “H” (the word Hydrogen may also be used).  
2.32.3.  Retail Dispenser Labeling . 
 
(a) A computing dispenser must display the unit price in whole cents  on the basis of price per kilogram.  
 
(b) The service pressure(s) of the dispenser must be conspicuously shown on the user interface in bar or 
the SI u nit of p ascal (Pa) (e.g.,  MPa).  
 
(c) The product identity must be shown in a conspicuous location on the dispense r. 
 
(d) National Fire Protection Association (NFPA) labeling requirements also apply.  
 
(e) Hydrogen shall be labeled in accordance with 16  CFR  309 – FTC Labeling Alternative Fuels.  
2.32.4.  Street Sign Prices and Advertisements.  
 
(a) The unit price must be in terms of price per kilogram in whole cents (e.g.,  $3.49  per kg, not 
$3.499 per kg). 
 
(b) The sign or advertisement must include the service pressure  (expressed in megapascals) at which the 
dispenser(s) delivers hydrogen fuel (e.g.,  H35 or H70).  
(Added 2010)  
2.33.  Oil. 
2.33.1.   Labeling of Vehicle Engine (Motor) Oil.  – Vehicle engine (motor) oil sha ll be labeled.  
2.33.1.1.   Viscosity.  – The label on any vehicle engine (motor) oil container, receptacle, dispenser, or 
storage tank, and any invoice or receipt from service on an engine that includes the installation of vehicle 
engine (motor) oil dispensed from a receptacle, dispenser, or stor age tank, shall contain the viscosity grade 
classification preceded by the letters “SAE” in accordance with SAE International’s latest version of 
SAE  J300, “Engine Oil Viscosity Classification. ” 
Note:   If an invoice or receipt from service on an engine has  limited room for identifying the viscosity, 
brand, and service category, then abbreviated versions of each may be used on the invoice or receipt and the letters “SAE” may be omitted from the viscosity classification.  
(Note a dded 2014)   (Amended 2014)  
 
2.33.1.2.  Intended Use. – The label on any vehicle engine (motor) oil container shall contain a statement 
of its intended use in accordance with the latest version of SAE  J183, “Engine Oil Performance and Engine 
Service Classification ( other than Energy Conserving). ” 
2.33.1.3.  Brand.  – (Amended 2014)  
2.33.1. 2.  Brand.  – The label on any vehicle engine (motor) oil container and the invoice or receipt from 
service on an engine that includes the installation of bulk vehicle engine (motor) oil dispensed from a 
receptacle, dispenser, or storage tank shall contain the name, bra nd, trademark, or trade name of the vehicle 
engine (motor) oil.  
 Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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Agency No. 209.02  
 
 (Amended 2014)  
2.33.1. 43.  Engine Service Category . – The label on any vehicle engine (motor) oil container, receptacle, 
dispenser, or storage tank and the invoice or receipt from service on an engine that includes the installation 
of bulk vehicle engine (motor) oil dispensed from a receptacle, dispenser, or storage tank shall contain the 
engine service category, or categories, displayed  in letters not le ss than 3.18  mm (1/8  in) in height, as 
defined by the latest version of SAE  J183,  “Engine Oil Performance and Engine Service Classification 
(otherOther than “Energy Conserving )” or”),” API Publication  1509, “Engine Oil Licensing and 
Certification System .”,” European Automobile Manufacturers Association (ACEA) , “European Oil 
Sequences, ” or other Vehicle or Engine Manufacturer standards as approved in Section 2.33.1.3.1.  Vehicle 
or Engine Manufacturer Standard.  
 
(Amended 2014)  
2.33.1. 43.1.  Vehicle or Engine Manufacturer Standard. –  The label on any vehicle engine (motor) 
oil container, receptacle, dispenser, or storage tank and the invoice or receipt from service on an 
engine that includes the installation of vehicle engine (motor) oil dispensed from a receptac le, 
dispenser, or storage tank shall identify the specific vehicle or engine manufacturer standard, or 
standards, met in letters not less than 3.18 mm (1/8 in) in height .  If the vehic le (motor) oil only meets 
a vehicle or engine manufacturer standard, the label must clearly identify that the oil is only intended 
for use where specifically recommended by the vehicle or engine manufacturer.  
(Added 2014)  
 
2.33.1. 43.2.  Inactive or Obsolete Service Categories . – The label on any vehicle engine (motor) oil 
container, receptacle, dispenser, or storage tank and the invoice or receipt from service on an engine 
that includes the installa tion of bulk vehicle engine (motor) oil dispensed from a receptacle, dispenser, 
or storage tank shall bear a plainly visible cautionary statement in compliance with the latest version 
of SAE  J183, Appendix A, whenever the vehicle engine (motor) oil in the container or in bulk does 
not meet an active API service category as defined by the latest version of SAE  J183, “Engine Oil 
Performance and Engine Service Classification ( other than Energy Conserving). ”Other  than “Energy 
Conserving” ).”  If a vehicle engine (motor) oil is identified as only meeting a vehicle or engine 
manufacturer standard, the labeling requirements in Section 2.33.1.3.1. Vehicle or Engine 
Manufacturer Standard appl ies. 
 
(Amended 2014)  
2.33.1. 54.  Tank Truck s or Rail Cars. – Tank trucks, rail cars, and other types of delivery trucks that are 
used to deliver  bulk vehicle engine (motor) oil are not required to display the SAE viscosity grade and 
service category or categories  on such tank trucks, rail cars, and other types of delivery trucks . 
All references to invoice or receipt will be enforceable effective on July  1, 2013.  
(Amended 2013 and 2014)  
2.33.1. 65.  Documentation . – When the engine (motor) oil is sold in bulk, an invoice, bill of lading, 
shipping paper, or other documentation must accompany each delivery.  This document must identify the 
quantity of bulk engine (motor) oil delivered as defined in Sections 2.33.1.1. Vi scosity; 2.33.1. 2. Intended 
Use; 2.33.1.3. Brand; 2.33.1. 43. Engine Service Category; the name and address of the seller and buyer; 
and the date and time of the sale.  For inactive or obsolete service categories, the documentation shall also bear a plainly  visible cautionary statement as required in Section 2.33.1. 4.13.2. Inactive or Obsolete 
Service Categories , documentation .  Documentation  must be retained at the retail establishment for a period 
of not less than one year.  
(Added 2013)  (Amended 2014)  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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Agency No. 209.02  
 (Added 2012 ) (Amended 2013 and 2014)  
 
 
2.34.  Retail Sales of Electricity Sold as a Vehicle Fuel.   
2.34.1.  Definitions.    
2.34.1.1.   Electricity Sold as Vehicle Fuel . – Electrical energy transferred to and/or stored onboard an 
electric vehicle primarily for the purpose of propulsion.  
2.34.1.2.   Electric Vehicle Supply Equipment (EVSE).  – The conductors, including the ungrounded, 
grounded, and equipment grounding conductors; the electric vehicle connectors; attachment plugs; and all 
other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of measuring, 
delivering, and computing the price of electrical energy delivered to the electric vehicle.  
2.34.1.3.   Fixed Service. – Service that continuously provides the nominal power that is possible with the 
equipment as it is installed.  
2.34.1.4.   Vari able Service.  – Service that may be controlled resulting in periods of reduced, and/or 
interrupted transfer of electrical energy.  
2.34.1.5.   Nominal  Power.  – Refers to the “intended” or “named” or “stated” as opposed to “actual” rate of 
transfer of electrical energy (i.e., power).  
2.34.2.   Method of Sale.  – All electrical energy kept, offered, or exposed for sale and sold at retail as a vehicle 
fuel shall be in units in terms of the megajoule (MJ) or kilowatt -hour (kWh).  In addition to the fee assessed for 
the quantity of electrical energy sold, fees may be assessed for other services; such fees may be based on time 
measurement and/or a fixed fee.  
2.34.3.   Retail Electric Vehicle Supply Equipment (EVSE) Labeling.   
(a) A computing EVSE shall display the unit price in whole cents (e. g., $0.12) or tenths of one cent 
(e.g., $0.119) o n the basis of price per megajoule (MJ) or kilowatt -hour (kWh).  In cases where the 
electrical energy is unlimited or free of charge, this fact shall be clearly indicated in place of the unit price.  
(b) For fixed service applications, the followi ng information shall be conspicuously displayed or posted on 
the face of the device:  
(1) the level of EV service expressed as the nominal power transfer (i.e., nominal rate of electrical 
energy transfer), and  
(2) the type of electrical energy  transfer (e.g ., AC, DC, wireless).  
(c) For variable service applications, the following information shall be conspicuously displayed or posted 
on the face of the device:  
(1) the type of delivery (i.e., v ariable);  
(2) the minimum and maximum power transfer that can occur during a transaction, including whether 
service can be reduced to zero;  
(3) the condition under which variations in electrical energy transfer will occur; and  Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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Agency No. 209.02  
 
 (4) the type of electrical energy transfer (e.g., AC, DC, wireless).  
(d) Where fees will be ass essed for other services in direct connection with the fueling of the vehicle, such 
as fees based on time measurement and/or a fixed fee, the additional fees shall be displayed.  
(e) The EVSE shall be labeled in accordance with 16 CFR, Part 309 –  FTC Labeli ng Requirements for 
Alternative Fuels and Alternative Fueled Vehicles.  
(f) The EVSE shall be listed and labeled in accordance with the National Electric Code® (NEC)  NFPA  70, 
Article  625 Electric Vehicle Charging Systems (www.nfpa.org ). 
2.34.4.   Street Sign Prices and Other Advertisements.  – Where electrical energy unit price information is 
presented on street signs or in advertising other than on EVSE:  
 (a) The electrical energy unit price shall be in terms of price per megaj oule (MJ) or kilowatt -hour (kWh) 
in whole cents (e.g., $0.12) or tenths of one cent  (e.g., $0.119).  In cases where the electrical energy is 
unlimited or free of charge, this fact shall be clearly indicated in place of the unit price.  
(b) In cases whe re more than one electrical energy unit price may apply over the duration of a singl e 
transaction to sales to the general public, the terms and condit ions that will determine each unit price 
and when each un it price will apply shall be clearly displayed.  
(c) For fixed service applications, the following information shall be conspicuously displayed or posted:  
(1) the level of EV service expressed as the nominal power transfer (i.e., nominal rate of electrical 
energy transfer), and  
(2) the type of electrical  energy transfer (e.g., AC, DC, wireless).  
(d) For variable service applications, the following information shall be conspicuously displayed or 
posted:  
(1) the type of delivery (i.e., v ariable);  
(2) the minimum and maximum power transfer that can occur dur ing a transaction, including whether 
service can be reduced to zero;  
(3) the condit ions under which variations in electrical energy transfer will occur; and 
(4) the type of electrical energy transfer (e.g., AC, DC, wireless).  
Where fees will be assessed for other services in direct connection with the fueling of the vehicle, such as fees 
based on time measurement and/or a fixed fee, the additional fees shall be included on all street signs or other 
advertising.  
(Added 2013)  
2.35.   Diesel Exhaust Fluid (DE F). 
2.35.1.   Definition.  
2.35.1.1.  Diesel Exhaust Fluid  (DEF) . – A preparation of aqueous urea [(NH2)2CO], containing 32.5 % 
by mass of technically -pure urea in high- purity water with quality characteristics defined by the latest 
version of ISO 22241, “Di esel engines - NOx reduction agent AUS 32.”  Uniform Unit Pricing Regulation    Handbook 130 –  20152016  
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Agency No. 209.02  
 2.35.2.  Labeling of Diesel Exhaust Fluid  (DEF) . – DEF  shall be labeled . 
2.35.2.1.  Retail Dispenser Labeling. –  A label shall be clearly and conspicuously placed on the front 
panel of the Diesel Exhaust Fluid dispenser stating “for operation of selective catalytic reduction (SCR) 
converters in motor vehicles with diesel engines.”  
2.35.2.2.   Documentation for Retail ers of Bulk Product.  –  A DEF supplier shall provide, at the time of 
delivery of the bulk shipment of DEF, identification of the fluid’s origin including the name of the fluid 
manufacturer, the brand name, trade name, or trademark, and a statement identifying the fluid as DEF 
conforming to specifications given in the latest version of ISO 22241, “Diesel engines -  NOx reduction 
agent AUS 32.”  This information shall be provided by the supplier on an invoice, bill of lading, shipping 
paper, or other document.  
2.35.2.3.  Labeling of  Packaged Product. –   Any diesel exhaust fluid retail package shall bear a label that 
includes the name of the fluid manufacturer, the brand name, trade name, or tradem ark, a statement 
identifying the fluid as DEF conforming to specifications given in the latest version of ISO 22241 “Diesel 
engines - NOx reduction agent AUS 32,” and the statement, “It is rec ommended to store DEF between 
− 5°C to 30 °C (23 °F to 86 °F).”  
2.35.2.4.   Documentation for Bulk Deliveries . – A carrier that transports or accepts for transportation any 
bulk shipment by tank truck, freight container, cargo tank, railcar, or any other vehicle used to transport or deliver bulk quantities of DEF shall,  at the time of delivery of the DEF, provide identification of the fluid’s 
origin including the name of the fluid manufacturer, the brand name, trade name, or trademark, and a statement identifying the fluid as DEF conforming to specifications given in the  latest version of ISO 
22241, “Diesel engines -  NOx reduction agent AUS 32.”  This information shall be provided to the 
recipient on an invoice, bill of lading, shipping paper, or other document.  
Effective date shall be January 1, 2016.  
(Added 2014)  
Section 3.  General  
 
3.1.  Presentation of Price.  – Whenever an advertised , posted, or labeled price per unit of weight, measure, or count 
for any commodity includes a fraction of a cent , all elements of the  fraction shall be prominently displayed, and the 
numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at 
least one half the height and width of , the numerals representing the whole cent.  
(Added 1976)  
 
3.2.  Allowable Differences:  Combination Quantity Declarations.  – Whenever the method of sale  for a bulk or 
packaged commodity requires the use of a statement that includes count in addition to weight, measure, or size, the 
following shall apply to the particular commodity:  
 
3.2.1.  Beverageware:  Pressed and Blown Tumblers and Stemware.  – The allowable difference  between 
actual and declared capacity shall be:  
 
(a) SI Units : 
 
(1) plus or minus 10 mL for items of 200 mL capacity or less;  and 
 (2) plus or minus 5 % of the stated capacity for items over 200 mL capacity.  
(Added 1973) (Amended 1974, 1979, and 1980)  
 
(b) Inch -pound U.S. Customary  Units : 
 
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(2) plus or minus 5 % of the stated capacity for items over 5  fl oz capacity.  
 
3.3.  Labeling of Machines t hat Dispense Packaged Commodities.  – All vend ing machines  dispensing packaged 
commodities shall indicate:  
 
(a) product identity;  
 
(b) net quantity; and 
 
(c) the party responsible for the vending machine.  
 
Examples : 
“For service or refunds contact:   the XYZ Cola Company, Rockville, MD  20800; 
Telephone:   (301)  555-1000,” or “See attendant inside for refunds.”  
(Amended 1995)  
 
(d) the requirements for product identity and net quantity can be met either by display of the package or by 
information posted on the outside of the machine.  
(Added 1972)  
 
3.4.  Railroad Car Tare Weights.  – Whenever stenciled tare weights on freight cars are employed in the sale of 
commodities or the assessment of freight charges, the following conditions and requirements shall apply:  
 
3.4.1.  Newly Stenciled Tare Weights.  – All newly stenciled or re -stenciled tare weights shall be accurately 
represented to the nearest 50  kg for metric units and to the neare st 100 lb for inch -poundU.S. customary  units, 
and the representation shall include the date of weighing.  
(Amended 1979)  
 
3.4.2.  Allowable Difference.  – The allowable difference between actual tare weight and stenciled tare weight 
on freight cars in use shall be per Section 3.4.2.(a) SI allowable difference or Section  3.4.2.(b) Inch-poundU.S. 
customary  allowable difference.  
 
(a) SI allowable difference:  
 
(1) plus or minus 150 kg for cars 25 000 kg or less;  
 
(2) plus or minus 200 kg for cars over 25 000 kg to and including 30 000 kg; and 
 
(3) plus or minus 250 kg for cars over 30 000 kg. 
(Added 1979)  
 
(b) Inch -pound U.S. customary  allowable diff erence:   
 
(1) plus or minus 300 lb for cars 50  000 lb or less;  
 
(2) plus or minus 400 lb for cars over 50 000 lb to and including 60 000 lb; and 
 
(3) plus or minus 500 lb for cars over 60 000 lb.  
 
3.4.3.  Verification or Change of Tare Weights.  – Tare weig ht determinations for verification or change of 
stenciled weights shall only be made on properly prepared and adequately cleaned freight cars.  
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 3.4.4.  Special Cars.  – Tank cars , covered hopper car s, flat cars  equipped with multi -deck racks or special 
superstructure, mechanical refrigerator cars , and house type cars  equipped with special lading protective devices 
must be reweighed and re -stenciled only by owners or their authorized representatives:  
 
(a) when car bears no lightweight (empty weight) stenciling;  and 
 
(b) when repairs or alterations result in a change of weight in excess of the permissible lightweight 
tolerance.  
(Added 1974) (Renumbered 1985)  
(Added 1973) (Amended 1974, 1979, and 1985)  
Section 4.  Revocation of Conflicting Regulations  
 
All provisions of all orders and regulations here tofore issued on this same subject that are contrary to or inconsistent 
with the provisions of this regulation, and specifically  __________,  are hereby revoked.   
(Added 1971)  
Section 5.  Effective Date 
 
This regul ation shall become effective on  August 1, 2015. _____________.  
(Added 1971) (Amended 1973)  
 
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 C.  Uniform Unit Pricing Regulation  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1.  Background  
 
The Uniform Unit Pricing Regulation  (UPR) (renamed in 1983) provides a national approach to the subject for those 
jurisdictions choosing to adopt such a regulation.  The traditional approach of the Conference in drafting Uniform 
Regulations has been to design specific implementing Regulatio ns for the enforcement of the broader requirements of the 
Uniform Weights and Measures Law.  Given the authority of Sections  12.(c) and (d), and the mandate of Section  16. of 
this Law, as well as the trend in unit pricing , both voluntary  and mandatory, the UPR  is considered appropriate.  Unit 
pricing  has been a concern of the weights and measures official and has been required for random weight packages for a  
long time.  
 
In 1993,  the NCWM was contacted by several weight s and measures jurisdictions and retail trade associations who 
requested that the UPR be updated to add new commodity groups and pricing requirements.  The comments indicated that 
many commodity groups for non- food products were not included in the table a nd that some of the required units may not 
be appropriate for many of the new products being sold in stores.  Another concern was that the UPR specified pricing only on the basis of price per pound on most products sold by weight.  This has resulted in som e jurisdictions not 
enforcing the requirements on stores that voluntarily unit price on the basis of price per ounce instead of price per pound.  
The NCWM agreed that the UPR should be revised to encourage wider adoption and use of the uniform regulation a nd 
that provisions for unit pricing  in metric units should be included.  
 
At the 1997 Annual Meeting , the NCWM adopted revisions to the regulation to permit retail stores that voluntarily 
provide unit pricing  to present  prices using various units of measure.  
 
The NCWM eliminated the table of product groupings because it is difficult to keep it current and inclusive, so some newer products were not included under the uniform requirements.  The table was replaced with requ irements that specify 
that the unit price is to be based on price per ounce or pound, or price per 100 grams or kilogram, if the packaged 
commodity is labeled by weight.  For example, the proposed revisions would require the unit price for soft drinks sold in 
various package sizes (e.g., 12  fl oz cans through 2 L bottles) to be uniformly and consistently displayed in terms of either 
price per fluid ounce, price per quart, or price per liter.  The NCWM also increased the price of commodities exempted from un it pricing  from 10  cents to 50  cents.  The NCWM believed these revisions would ensure that unit pricing  
information facilitates value comparison between different package sizes and/or brands offered for sale in a store.  
 
The NCWM also considered several comments on this item from members of the U.S. Metric Association (USMA).  Most of these comments suggest ed that the UPR be amended to require unit pricing  in metric units and permit inch-
pound U.S. customary  unit pricing  to be provided voluntarily.  When it developed the proposed revisions, the NCWM 
included guidelines fo r both inch -pound U.S. customary  and metric unit pricing  and believes this is the correct approach to 
implementing metric revisions in the regulation.  The NCWM would like to make it clear that the UPR applies only when 
stores voluntarily  provide unit pricing  information.  Its purpose is to provide a standard that retailers must follow to ensure 
that consumers will have pricing information that helps them make value comparisons.  The decision to provide unit price 
inform ation in metric or inch-pound U.S. customary  units rests with retailers who will respond to consumer preference.  
The NCWM believes that consumer preference will be the deciding factor as to when and how quickly metric unit pricing  
is use d in the marketplace.  Therefore, the NCWM does not support amendments to include mandatory provisions in the 
UPR as these provisions would take the decision to go to metric unit pricing  out of the hands of consumers and retailers.  
Finally, the NCWM does not want to include any requirement that may discourage retailers from voluntarily providing 
unit price information.  
(Amended 1997)  
In December 2014, NIST published a unit pricing best practice guide, NIST SP  1181, “Unit Pricing Guide,  A Best 
Practice Approach to Unit Pricing,” which can be found at www.nist.gov/pml/wmd/pubs/upload/SP1181 -Unit -
Pricing -Guide.pdf .  The guide was developed to provide retailers with information about the best practice Handbook 130 –  20152016  Uniform Unit Pricing Regulation  
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 requirements for the unit pricing of pre -packaged commodities, which will improve the accuracy, usability, and 
uniformity of unit pricing information offered in retail  stores.  The guide is not intended to conflict with the UPR.  
Mandatory regulations should be consulted to ensure those requirements are met before the recommended best 
practice requirements in this guide are implemented.   
*The National Conference on Wei ghts and Measures  (NCWM ) is supported by the National Institute of Standards 
and Technology  (NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of  inspection.”  
2.  Status of Promulgation  
 
The table beginning on page  10 shows the status of adoption of the Uniform Unit Pricing Regulation . 
  
 
   
 
 
  
 
  
 
  
 
  
 
 
 
  
 
 
 
  
 
 
  
 
  
 
 
 
   
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 Uniform Unit Pricing Regulation  
 
Section 1.  Application  
 
Except for random and uniform weight packages that clearly state the unit price  in accordance with existing 
regulations, any retail establishment providing unit price information for packaged commodities shall provide the unit price information in the manner prescribed herein.  
 
Section 2.  Terms for Unit Pricing  
 
The declaration of the unit price of a particular commodity in all package sizes offered for sale in a retail establishment shall be uniformly and consistently expressed in terms of:  
 
(a) Price per kilogram or 100 g, or price per pound or ounce, if the net  quantity of contents of the commodity is 
in terms of weight.  
 
(b) Price per liter or 100  mL, or price per dry quart or dry pint, if the net quantity of contents of the commodity 
is in terms of dry measure or volume.  
 
(c) Price per liter or 100  mL, or pric e per gallon, quart, pint, or fluid ounce, if the net quantity of contents of 
the commodity is in terms of liquid volume.  
 (d) Price per individual unit or multiple units if the net quantity of contents of the commodity is in terms of count.  
 (e) Price per  square meter, square decimeter, or square centimeter, or price per square yard, square foot, or 
square inch, if the net quantity of contents of the commodity is in terms of area.  
Section 3.  Exemptions  
 
(a) Small Packages. – Commodities shall be exempt from these provisions when packaged in quantities of less 
than 28  g (1 oz) or 29 mL (1  fl oz) or when the total retail price is 50  cents or less.  
 (b) Single Items. – Commodities shall be exempt from these provisions when only one brand in only one size 
is offered for sale in a particular retail establishment.  
 (c) Infant Formula. – For “infant formula,” unit price information may be based on the reconstituted volume.  
“Infant formula” means a food that is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or suitability as a complete or partial substitute for human milk.  
 
(d) Variety and Combination Packages . – Variety and Combination Packages as defined in Section 2.9 and 
Section  2.10 in the Uniform Packaging and Labeling Regulation [NOTE 1, page 145141] shall be exempt from 
these provisions.  
 NOTE  1:  See “Uniform Packaging and Labeling Regulation.”  
Section 4.  Pricing  
 
(a) The unit price shall be to the nearest cent when a dollar or more.  
 (b) If the unit price is under a dollar, it shall be listed: 
 
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(2) to the whole cent.  
 
The retail establishment shall have the option of using (b)(1) or (b)(2), but shall not implement both 
methods.  
 
The retail establishment shall accurately and consistently  use the same method of rounding up or down to compute 
the price to the whole cent.  
Section 5.  Presentation of Price 
 
(a) In any retail establishment in which the unit price information is provided in accordance with the 
provisions of this regulation, that in formation may be displayed by means of a sign that offers the unit price 
for one or more brands and/or sizes of a given commodity, by means of a sticker, stamp, sign, label, or tag 
affixed to the shelf upon which the commodity is displayed, or by means of a sticker, stamp, sign, label, or tag affixed to the consumer commodity.  
 
(b) Where a  sign providing unit price information for one or more sizes or brands of a given commodity is 
used, that sign shall be displayed clearly and in a non- deceptive manner in a central location as close as 
practical to all items to which the sign refers.  
 
(c) If a single sign or tag includes the unit price information for more than one brand or size of a given 
commodity, the following information shall be provided:  
 
(1) the identity and the brand name of the commodity;  
 
(2) the quantity of the packaged commodity , if more than one package size per brand is displayed;  
 
(3) the total retail sales price; and  
 
(4) the price per appropriate unit, in accordance with Section 2. Terms for Unit Pricing . 
Section 6.  Uniformity  
 
(a) If different brands or package sizes of the same consumer commodity are expressed in more than one unit 
of measure (e.g., soft drinks are offered for sale in 2  L bottles and 12 fl oz cans), the retail establishment 
shall unit price the items consistently.  
 
(b) When metric units appear on the consumer commodity in addition to other units of measure, the retail establishment may include both units of measure on any stamps, tags, labels, signs, or lists.  
Section 7.  Effective D ate 
 This regulation shall become effective on  August 1, 2015.  
(Amended 1997)  
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 D.  Uniform Regulation for the Voluntary Registration of Servicepersons and 
Service Agencies for Commercial Weighing and Measuring Devices  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1.  Background  
 
The Uniform Reg ulation covering the registration of servicepersons and service agencies was developed and 
adopted by the National Conference on Weights and Measures  (NCWM ) in 1966, retitled in 1983, and substantially 
revised in 1984.  It is designed to promote uniformity  among those jurisdictions that provide for or are 
contemplating the establishment of some type of control over the servicing of commercial weighing and measuring 
devices.  It offers to a serviceperson or to a service agency the opportunity to register and carries with it the privilege 
of restoring devices to service and of placing new or used devices in service.  
 
Two unique features of the registration plan are its voluntary nature and the provision for reciprocity.  Registration is 
not required; however, the privileges gained make it attractive.  Also, in order to provide maximum effectiveness of 
the program and to reduce legal obstacles to a minimum to service across state lines, provision is made for reciprocity in certification of standards and testing equipment among states.  
2.  Status of Promulgation  
 The table beginning on page  10 shows the status of adoption of the Uniform Regulation for the Voluntary 
Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.  
 
 
   
 
 
  
 
 
 
  
 
 
 
 
 
   
 
 
*The National Conference on Weights and Measures  (NCWM)  is supported by the National Institute of Standards 
and Technology  (NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  
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Uniform Regulation for the Voluntary Registration of Servicepersons  
and Service Agencies   
for Commercial Weighing and Measuring Devices 
 
Section 1.  Policy  
 
For the benefit of the users, ma nufacturers, and distributors of commercial weighing and measuring devices, it shall 
be the policy of the Director of Weights and Measures, hereinafter referred to as “Director,” to accept registration of 
(a) an individual and (b)  an agency providing acceptable evidence that he, she, or it is fully qualified by training or 
experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, ru les, and regulations; and has possession 
of, or has available for use, and will use suitable and calibrated weights and measures field standards and testing equipment appropriate in design and adequate in amount.  (An employee of the government shall not b e eligible for 
registration.)  
 The Director will check the qualifications of each applicant.  It will be necessary for an applicant to have available sufficient field standards and equipment (see Section 5, Minimum Equipment).  
 
It shall also be the policy of the Department to issue a “Certificate of Registration”  to qualified applicants whose 
applications for registration are approved.  This Certificate grants authority to remove rejection seals and tags placed 
on Commercia l and Law Enforcement Weighing and Measuring Devices  by authorized weights and measures 
officials, to place in service repaired devices that were rejected, and to place in service devices that have been newly 
installed.  
 
The Director is NOT guaranteeing the work or fair dealing of a Registered Serviceperson or Service Agency.  He 
will, however, remove from the registration list any Registered Serv iceperson or Service Agency that performs 
unsatisfactory work or takes unfair advantage of a device owner.  
 Registration with the Director shall be on a voluntary basis.  The Director shall reserve the right to limit or reject the application of any Servic eperson or Service Agency and to revoke his, her, or its permit to remove rejection seals or 
tags for good cause.  
 This policy shall in no way preclude or limit the right and privilege of any individual or agency not registered with the Director to install, service, repair, or recondition a commercial weighing or measuring device (see Section  7, 
Privileges and Responsibilities of a Voluntary Registrant).  
(Added 1966) (Amended 1984 and 2005)  
Section 2.  Definitions  
 
2.1.  Registered Serviceperson.  – Any individual who for hire, award, commission, or any other payment of any 
kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who voluntarily 
registers with the Director of Weig hts and Measures.  
(Added 1966)  
 
2.2.  Registered Service Agency.  – Any agency, firm, company, or corporation that for hire, award, commission, or 
any other payment of any kind installs, services, repairs, or reconditions a c ommercial weighing or measuring 
device, and that voluntarily registers with the Director of Weights and Measures.  Under agency registration, 
identification of individual servicepersons shall be required.  
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2.3.  Commercial and L aw Enforcement Weighing and Measuring Devices.  – Any weight or measure or 
weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or 
measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or 
submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of 
weight or measure.  It shall also include any accessory attached to or used in connection with a commercial 
weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy 
of the device.  It also includes weighing and measuring equipment in official use for the enforcement of law or for 
the collection of statistical information by government agencies.  
(Added 1966) (Amended 1984)  
Section 3.  Registration Fee  
 
There shall be charged by the Director an annual fee of $Zero  per Registere d Serviceperson and $Zero  per 
Registered Service Agency to cover costs at the time application for registration is made, and annually, thereafter.  
(Added 1966) (Amended 1984)  
Section 4.  Voluntary Registration  
 
An individual or agency qualified by training  or experience may apply for registration to service weighing devices 
or measuring devices on an application form supplied by the Director.  Said form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is  fully qualified to install, service, repair, or 
recondition whatever devices for the service of which competence is being registered; has in possession or available for use, and will use, all necessary testing equipment and standards; and has full knowled ge of all appropriate 
weights and measures laws, orders, rules, and regulations.  An applicant also shall submit appropriate evidence or references as to qualifications.  Application for registration shall be voluntary, but the Director is authorized to re ject 
or limit any application.  
(Added 1966) (Amended 1984)  
Section 5.  Minimum Equipment  
 Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the Notes section of each applicable code in NIST Handbook  44, “Specifications, Tolerances, and Other Technical 
Requirements for Weighing and Measuring Devices.”  This equipment will meet the specifications of 
NIST  105-series standards (or other suitable and designated standards).  This sect ion shall not preclude the use of 
additional field standards and/or equipment, as approved by the Director, for uniform evaluation of device 
performance (see Section  9, Examination and Calibration or Certification of Standards and Testing Equipment).  
(Adde d 1984) (Amended 2005)  
 
Section 6.  Certificate of Registration  
 The Director will review and check the qualifications of each applicant.  The Director shall issue to the applicant a “Certificate of Registration,” includin g an assigned registration number if it is determined that the applicant is 
qualified.  The “Certificate of Registration” will expire 1  year from the date of issuance.  
(Added 1966) (Amended 1984)  
 
Section  7.  Privileges and Responsibilities of a Voluntary Registrant  
 A bearer of a Certificate of Registration  shall have the authority to remove an official rejection tag or mark placed 
on a weighing or measuring devic e by the authority of the Director; place in service, until such time as an official 
examination can be made, a weighing or measuring device that has been officially rejected; and place in service, 
until such time as an official examination can be made, a new or used weighing or measuring device.  The registered Handbook 130 –  20152016  Uniform Regulation for the Voluntary Registration  
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 serviceperson or service agency is responsible for installing, repairing, and adjusting devices such that the devices 
are adjusted as closely as practicable to zero error.  
(Added 1966) (Amended 1984)  
Section 8.  Placed in Service Report  
 The Director shall furnish each registered serviceperson and registered service agency with a supply of report forms 
to be known as “Placed in Service Reports.”   Such a form shall be e xecuted in triplicate, shall include the assigned 
registration number, and shall be signed by a registered serviceperson or by a serviceperson representing a registered 
agency for each rejected device restored to service and for each newly installed device  placed in service.  Within 
24 hours after a device is restored to service or placed in service, the original of the properly executed Placed in 
Service Report, together with any official rejection tag removed from the device, shall be forwarded to the Dir ector 
at 4608 W. 61
st Little Rock, Arkansas . The duplicate copy of the report shall be handed to the owner or operator of 
the device, and the triplicate copy of the report shall be retained by the Registered Serviceperson or Registered 
Service Agency.  
(Added 1966) (Amended 2005)  
Section  9.  Examination and Calibration or Certification of Standards and Testing 
Equipment  
 
All field standards that are used for servicing and testing weights and measures devices for which competence is 
registered shall be su bmitted to the Director for initial and subsequent verification and calibration at intervals 
determined by the Director.  A registered serviceperson or registered service agency shall not use in servicing 
commercial weighing or measuring devices any field standards or testing equipment that have not been calibrated or verified by the Director.  In lieu of submission of physical standards, the Director may accept calibration and/or verification reports from any laboratory that is formally accredited or recog nized.  The Director shall maintain a list 
of organizations from which the state will accept calibration reports.  The state shall retain the right to periodically 
monitor calibration results and/or to verify field standard compliance to specifications and tolerances when field 
standards are initially placed into service or at any intermediate point between calibrations.  
(Added 1966) (Amended 1984, 1999, and 2005)  
Section 10.  Revocation of Certificate of Registration  
 
The Director is authorized to suspend or revoke a Certificate of Registration for good cause which shall include, but not be limited to:  taking of unfair advantage of an owner of a device; failure to have test equipment or standards 
certified; failure to use adequate testing equipment; or fai lure to adjust commercial or law enforcement devices to 
comply with Handbook  44 subsequent to service or repair.  
(Added 1966) (Amended 1984)  
Section  11.  Publication of Lists of Registered Servicepersons and Registered Service 
Agencies  
 
The Director shall publish, from time to time as he deems appropriate, and may supply upon request, lists of 
Registered Servicepersons and Registered Service Agencies.  
(Added 1966)  
Section 12.  Effective Date 
 
This regulation shall become effective on  August 1, 20152016 . 
(Added 1966)  
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 E.  Uniform Open Dating Regulation  
 
as adopted by  
The National Conference on Weights and Measures*  
1.  Background  
 
Numerous state and local jurisdictions have provided for, or are considering, mandatory open dating  of certain 
packaged commodities.  Additionally, many commodities in the marketplace are now voluntarily open dated.  Lack 
of uniformity between jurisdictions could impede the orderly flow of commerce.  
 
In 1985, the National Conference on Weights and Measures  (NCWM ), in concert with the Association of Food and 
Drug Officials, wrote a new Uniform Regulation.  It resolved the differences in the versions developed independently by the two organizations.  
 
The regulation provides two options for implementation by the states.  One requires open dating  on all perishable 
foods  and the other permits voluntary open dating  of such foods.  In the latter (voluntary) case, the open dating  must 
then conform to the uniform regulation.  Notes to Sections  1.1. Purpose and 3.1. “Sell By” Date  indicate the 
alternate wording for the voluntary version of the Regulat ion. 
2.  Status of Promulgation  
 The table beginning on page  10 shows the status of adoption of the Uniform Open Dating  Regulation.  
 
 
   
 
    
 
 
   
 
 
  
 
  
 
 
 
  *The National Conference on Weights and Measures  (NCWM ) is supported by the National Institute of Standards 
and Technology ( NIST ) in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  Uniform Open Dating Regulation   Handbook 130 –  20152016  
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 Uniform Open Dating Regulation  [NOTE 1, page 159155]  
 
Section 1.  Purpose, Scope, and Application  
 
1.1.  Purpose.  [NOTE 1, page 15915 5] – The purpose of this regulation is to prescribe mandatory uniform date labeling  of 
prepackaged, perishable foods and to prescribe optional uniform date labeling that must be used whenever a 
packager elects to use date labeling on prepackaged foods  that are not perishable.  Open dating  is intended for use 
and understanding by both distributors and consumers when judging food qualities.  
 NOTE 1:   Alternatively, this regulation may be adopted to require uniformity of open dating of perishable foods 
whenever a packager voluntarily elects to use date labeling.  In such instances Sections  1.1. Purpose and 3.1. “Sell 
By” Date are reworded in the following manner:  
 
1.1.  Purpose.  – The purpose of this regulation is to prescribe uniform date labeling that must be used whenever  
a packager elects to use date labeling on a prepackaged food.  Open date labeling is intended for use and 
understanding by both distributors and consumers when judging food qualities.  
 
3.1.  “Sell By” Date.  – If a retail food establishment elects to sell or offer for sale a prepackaged perishable 
food identified with a “sell by” date, the “sell by” date used must be as prescribed by this regulation.  
 
1.2.  Scope and Application.  – This regulation prescribes the manner of date labeling, t he method of determining 
the appropriate date, required records, responsible persons, and the foods subject to this regulation.  This regulation 
provides for the permissible sale of a regulated food after the expiration of the date on the label.  This regu lation 
does not apply to any food that is not prepackaged or is exempted by Section 8. 
Section 2.  Definitions  
 
2.1.  “Sell By” Date.  – A recommended last date of sale that permits a subsequent period before deterioration of 
qualities described in 2.2. Perishable Food, 2.3. Semi Perishable Food, and 2.4. Long Shelf Life Food.  
 
2.2.  Perishable Food.  – Any food having a significant risk of s poilage, loss of value, or loss of palatability within 
60 days of the date of packaging.  
 
2.3.  Semi Perishable Food.  – Any food for which a significant risk of spoilage, loss of value, or loss of palatability 
occurs only after a minimum of 60  days, but within 6 months, after the date of packaging.  
 
2.4.  Long Shelf Life Food.  – Any food for which a significant risk of spoilage, loss of value, or loss of palatability 
does not occur sooner than 6  months a fter the date of packaging, including foods preserved by freezing, dehydrating, 
or being placed in a hermetically sealed container.  
 
2.5.  Prepackaged.  – Food packaged prior to being displayed or offered for retail sale.  
 
2.6.  “Best If Used By” Date.  – A date prior to deterioration of qualities described in 2.3. Semi Perishable Food 
and 2.4. Long Shelf Life Food.  
 2.7.  Person.  – An individual, partnership, association, or corporation.  
Section 3.  Sale of Perishable Food and Da te Determination  
 
3.1.  “Sell By” Date. [NOTE  1, page 159155]  – A retail food establishment shall not sell or offer for sale a prepackaged 
perishable food unless it is identified with a “sell by” date as prescribed by this regulation.  Uniform Open Dating Regulation   Handbook 130 –  20152016  
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 3.2.  Sale After Expiration of “Sell By” Date . 
 
3.2.1.  Advertisement. – Perishable food shall not be offered for sale after the “sell by” date unless it is 
wholesome and advertised in a conspicuous manner as being offered for sale after the recommended la st date of 
sale.  The placement of a sign, sticker, or tag is acceptable for such advertising  if it is easily readable and clearly 
identifies the perishable food as having passed the recommended last date of sale.  
 3.2.2.  Responsibility for Advertisement.  – The retailer or final seller is responsible for the advertisement, 
described in Section  3.2.1. Advertisement , of a perishable food offered for sale after the recommende d last date 
of sale.  
3.3.  Determination of “Sell By” Date . 
 3.3.1.  Reasonable Period for Consumption.  – A manufacturer, processor, packer, re -packer, retailer, or other 
person who prepackages perishable food, shall determine a date that allows a reasonable period after sale for 
consumption of the food without physical spoilage, loss of value, or loss of palatability.  A reasonable period for consumption shall consist of at least one third of the approximate total shelf life of the perishable food.  
 
3.3.2.   Responsibility for “Sell By” Date.  – A retailer who purchases prepackaged perishable food may upon 
written agreement with the person prepackaging such food determine, identify, and be responsible for the “sell 
by” date placed on or attached to each package of such food.  
3.4.  Manner of Expressing Date . 
 
3.4.1.  Month and Day, or Day of Week.  – A person described in Section 3.3.1. Reasonable Period for 
Consumption or 3.3.2. Responsibility for “Sell By” Date shall place or attach to each package of perishable 
food a date by month and day.  However, bakery products  with a shelf life of not more than seven  days may be 
dated with the day of the week representing the last recommended day of sale.  
 
3.4.2.  The term “Sell By”.  – The “sell by” date shall be displayed with the term “sell by” or words of similar 
import immediately preceding or immediately over the designated date unless a prominent notice is on the label 
describing the date as a “sell by” date and i ndicating the location of the date.  
 
3.4.3.  Abbreviation of Weekday.  – If the day of the week is solely designated as provided in 
Section  3.4.1.  Month and Day, or Day of Week the name of the day may be abbreviated by the use of either the 
first two or first three letters of the name of the day.  
 3.4.4.  Expression of Month and Day.  – Except as provided for in Section 3.4.1. Month and Day, or Day of 
Week the date shall be designated by:  
 
(a) the first three letters of the month, pre ceded or followed by a numeral indicating the calendar day ; or 
 
(b) the month represented numerically followed by a numeral designation of the calendar day.  
 
The month and day designation shall be separated by a period, slash, dash, or spacing.  When a num eral 
designation of the first nine days of the month is used, the number shall include a zero as the first digit; for example, 01 or  03. 
(Amended 1987)  
 
3.4.5.  Expression of the Year.  – The “sell by” date may include the year following the day if such yea r is 
expressed as a two or four digit number separated as described in Section 3.4.4. Expression of Month and Day.  
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 Section  4.  Sale of Semi Perishable and Long Shelf Life Food  
 
4.1.  “Best If Used By” Date.  – A manufacturer, processor, packer, re- packer, or other person who prepackages 
semi perishable or long shelf life food may place upon or attach to the package an open date providing it is 
designated by the “best if used by ” date.  
 
4.2.  Sale After Expiration of “Best If Used By” Date.  – A retail food establishment may sell or offer for sale food 
beyond the designated “best if used by” date provided the food is wholesome and the sensory physical quality 
standards for that food have not significantly diminished.  
 
4.3.  Manner of Expressing Date.  – The “best if used by” date as required by Section  4.1. “Best If Used By” Date  
shall be placed upon or attached to each container or package and be limited to the terms “best if used by” or words 
of similar import followed by or immediately over the date designated by the month and year unless a prominent 
notice is on the label describing the date as a “best if used by” date and indicating the location of the date.  The date shall be d esignated by the first three letters of the month followed by a numeral indicating the year.  The use of the 
day of the month is permissible provided that the day of the month is placed prior to the month; for example, 30 Jun 81. 
Section 5.  Placement of t he Date 
 The date, whether “sell by” or “best if used by,”  shall be printed, stamped, embossed, perforated, or otherwise 
shown on the package, label on the package, or tag attached to the package in a manner that is easily readable and 
separate from other information, graphics, or lettering so as to be clearly visible to a prospective purchaser.  The 
date shall not be superimposed on other required information or obscured by other information, graphics, or pricing.  Regardless of the type size used, the date shall be easily readable.  These requirements do not preclude a 
supplemental notice elsewhere on a package describing and/or indicating the location of the date.  
 
Section 6.  Factors for the Date Determination  
 
A person who, as provided for in this regulation, places either the “sell by ” date or “best if used by” date  on a 
package shall determine the date by taking into consideration the food quality, characteristics, formulation, processing impact, packaging or container and other protective  wrapping or coating, customary transportation, and 
storage and display conditions.  For purposes of calculating this date, home storage conditions shall be considered to be similar to those in the usual retail store except that the date for refrigerated f ood may be calculated by using a 
home storage temperature standard of 40 ºF (4.4 ºC). 
Section 7.  Records  
 A person who is responsible for establishing the date for perishable, semi perishable, and long shelf life food shall 
keep a record of the method use d to determine the date.  A record revision is necessary whenever a factor affecting 
date determination is altered.  Such record shall be retained for not less than six  months after the most recent “sell 
by” or “best if used by” date and shall be available  during normal business hours for examination upon request 
by Arkansas State Plant Board . 
Section 8.  Exemptions  
 8.1.  This regulation does not apply to perishable fruits or vegetables in a container permitting sensory examination.  
 8.2.  This regulation does not apply to prepackaged perishable foods open dated according to requirements of federal 
law or regulation.  Uniform Open Dating Regulation   Handbook 130 –  20152016  
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 Section 9.  Preemption of Local, County, and Municipal Ordinance  
 
A municipality or county shall not adopt or impose standards or requirements  other than those provided for in this 
regulation.  
Section 10.  Effective Date 
 
This regulation shall become effective on and after  August 1,  2015 2016.  
  
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 F.  Uniform Regulation for National Type Evaluation  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1.  Background  
 
The Uniform Regulation fo r National Type Evaluation  was adopted by the NCWM at the 68th Annual Meeting in 
1983 and is a necessary adjunct to recognize and enable participation in the National Type Evaluation  Program  
administered by the National Conference on Weights and Measures  (NCWM ).  The Regulation specifically 
authorizes:  type evaluation ; recognition of a NCWM  “Certificate of Conformance” of type; the State Measurement 
Laboratory to operate as a Participating Laboratory , if authorized by the National Institute of Standards and 
Technology  (NIST) under its program of recognition of State Measurement Laboratories; and, the state to charge 
fees to those persons who seek type evaluation of weighing and measuring devices.  
(Amended 2000)  
 At the 81
st Annual Meeting in 1996, the  NCWM adopted major revisions to the Uniform Regulation for National 
Type Evaluation .  These revisions were made to clarify the requirements and incorporate the policies and guidelines 
adopted by the Executive Committee as published in NCWM Publication 14, “Technical Policy, Checklists, and 
Test Procedures.”  
(Amended 1997)  
2.  Intent  
 It is the intent of this regulation to have all states use the National Type Evaluation , as approved by the NCWM , as 
their examining procedure.  If a state does not wish to establish a Participating Laboratory, Section 2.4. Participating 
Laboratory and Section 4. Participating Laboratory may be deleted.  
3.  Sta tus of Promulgation  
 
The table beginning on page  10 shows the status of adoption of the Uniform Regulation for National Type 
Evaluation . 
 
  
 
 
  
 
 
   
 
 
 
  
*The National Conference on Weights and Measur es (NCWM)  is supported by the National Institute of Standards 
and Technology in partial implementation of its statutory responsibility for “cooperation with the s tates in securing 
uniformity in weights and measures laws and methods of inspection.”  Uniform Regulation for National Type Evaluation    Handbook 130 –  20152016  
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Section 1.  Application  
 
This regulation shall apply to [NOTE 1, page 167163] any type of device and/or equipment covered in National Institute of 
Standards and Technology  (NIST ) Handbook 44 for which evaluation procedures have been published in the 
National Conference on Weights and Measures  (NCWM ), Publication  14, “National Type Evaluation Program , 
Technical Policy, Checklists, and Test Procedures.”  
 
NOTE 1:   This section can be amended to include a list of devices or device types t o which NTEP evaluation 
criteria does not apply.  Additionally, a state can amend this section to allow it to conduct a type evaluation  and 
issue a “Certificate of Approval.”  This approach should be limited to occasions where formal NTEP Type 
Evaluation criteria does not apply and to new technologies or device applications where the development of criteria 
is deemed necessary by the Director.  
Section 2.  Definitions  
 2.1. Active Certificate of Conformance (CC).  – A document issued based on testing by a Participating Laboratory, 
which the certificate holder maintains in active status under the National Type Evaluation  Program  (NTEP).  The 
document constitutes evidence of conformance of a type with the requirements of this document, NIST 
Handbook 44, “ Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring 
Devices,” and  the test procedures contained in NCWM Publication  14.  By maintaining the Certificate in active 
status, the Certificate holder declares the intent to continue to manufacture or remanufacture the device consistent 
with the type and in conformance with the applicable requirements.  A device is traceable to an active CC if:  (a)  it is 
of the same type identified on the Certificate, and (b)  it was manufactured during the period that the Certificate was 
maintained in active status.  For manufacturers of grain m oisture meters, maintenance of active status also involves 
annual participation in the NTEP Laboratory On -going Calibration Program, OCP (Phase  II). 
(Amended 2000, 2001, and 2004)  
 
2.2.  Device.  – A piece of commercial or law enforcement equipment as defined in Section  2.15. Commercial and 
Law Enforcement Equipment.   A device may be a single unit or a combination of separate and compatible main 
eleme nts.  A device shall include, at a minimum, those main elements that:  (a)  perform the measurement, and 
(b) process the measurement signals up to the first indicated or recorded value of the final quantity upon which the 
transaction is based.  
(Amended 2004)  
 
2.3.  Director.  – Means the  Director  of the Arkansas State Plant Board . 
 2.4.  Manufactured Device.  – Any commercial weighing or measuring device shipped as new from the original 
equipment manufacturer.  
(Added 2001)  
 
2.5.  National Type Evaluation Progr am. – A program of cooperation between the NCWM , NIST , other federal 
agencies, the states, and the private sector for determining, on a uniform basis, conformance of a type with the 
relevant prov isions of National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, 
and Other Technical Requirements for Weighing and Measuring Devices,” and NCWM , Publication  14, “National 
Type Evaluation  Program , Technical Policy, Checklists, and Test Procedures.” . 
(Amended 2000)  
 
2.6.  One -of-a-Kind Device.  – A (non -NTEP) device designed to meet unique demands for a specific installation 
and of a specific des ign which is not commercially available elsewhere (one such device per manufacturer).  If a 
device manufactured for sale by a company has been categorized and tested as a “one- of-a-kind” device and the 
manufacturer then decides to manufacture an additional  device or devices of that same type, the device will no Handbook 130 –  20152016  Uniform Regulation for National Type Evaluation  
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 longer be considered a “one- of-a-kind.” This also applies to a device that has been determined to be a “one -of-a-
kind” device by a weights and measures jurisdiction in one state and the manufacturer decides to manufacture and 
install another device of that same type in another state.  In this case, the manufacturer of the device must request an 
NTEP evaluation on the device through the normal application process unless NTEP has already deemed that suc h 
evaluation will not be conducted.  
(Amended 1998)  
 
2.7.  Participating Laboratory.  – Any State Measurement Laboratory or State Weights and Measures Agency or 
other laboratory that has been authorized to conduct a type evaluation under the NTEP . 
(Amended 2001)  
 
2.8.  Person.  – The term “person” means both singular and plural, as the case demands, and includes individuals, 
partnerships, corporations, companies, societies, and associations.  
 
2.9.  Remanufactured Device.  – A device that is disassembled, checked for wear, parts replaced or fixed, 
reassembled , and made to operate like a new device of the same type.  
(Amended 2001)  
 
2.10.   Remanufactured Element.  – An element that is disassembled, checked for wear, parts replaced or fixed, 
reassembled , and made to operate like a new element of the same type.  
(Added 2001)  
 
2.11.  Repaired Device.  – A device on which work is performed that brings the device back into proper operating 
condition.  
(Amend ed 2001)  
 
2.12.  Repaired Element.  – An element on which work is performed that brings the element back into proper 
operating condition.  
(Added 2001)  
 
2.13.  Type.  – A model or models of a particular device, measurement system, instrument, or element that positively 
identifies the design.  A specific type may vary in its measurement ranges, size, performance, and operating 
characteristics as specified in the CC.  
 
2.14.  Type Evaluation.  – The testing, examination, and/or evaluation of a type by a Participating Laboratory under 
the NTEP . 
 
2.15.  Commercial and Law Enforcement Equipment.  
 
(a) Weighing and measuring equipment commercially used or employed in establishing the size,  quantity, 
extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis o f weight or measure.  
  
(b) Any accessory attached to or used in connection with a commercial weighing or measuring device when 
such accessory is so designed that its operation affects the accuracy of the device.  
   
(c) Weighing and measuring equipment in official use for the enforcement of law or for the collection of 
statistical information by government agencies. [NOTE  2, page 168]164] 
 
NOTE 2:   The section is identical to G -A.1. Commercial and Law Enforcement Equipment , Section  1.10. General 
Code, National Institute of Standards and Technology Handbook  44 for definition of “commercial” and “law 
enforcement equipment.”  Uniform Regulation for National Type Evaluation    Handbook 130 –  20152016  
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 Section 3.  Certificate of Conformance (CC)  
 
The Director shall require a device to be traceable to an active Certificate of Conformance (CC) prior to its 
installation or use for commercial or law enforcement purposes.  If the device consists of separate and compatible 
main elements, each main elemen t shall be traceable to a CC.  A device is traceable to a CC if:   
 
(b) it is of the same type identified on the Certificate ; and  
 
(b)  it was manufactured during the period that the Certificate was maintained in active status.  
(Amended 2001 and 2004)  
Section  4.  Prohibited Acts and Exemptions  
 
(a) Except for a device exempted by this section, no person shall sell a device unless it is traceable to an active 
CC. 
(Amended 2001)  
 
(b) Except for a device exempted by this section, no person shall use a device unle ss it is traceable to an active 
CC. 
(Amended 2001)  
 (c) A device in service in this State prior to  July 11,  2002 that meets the specifications, tolerances, and other 
technical requirements of National Institute of Standards and Technology Handbook 44 shall not be 
required to be traceable to an active CC.  
(Amended 2001)  
 (d) A device in service in this State prior to  July 11,  2002  removed from service by the owner or on which the 
department has issued a removal order after  July 11,  2002 and returned to service at a later date shall be 
modified to meet all specifications, tolerances, and other technical requirements of National Institute of 
Standards and Technology Handbook 44 effective on the date of the return to se rvice.  Such a device shall 
not be required to be traceable to an active CC.  
(Amended 2001)  
 
(e) A device in service in this State prior to  July 11,  2002 which is repaired after such date shall meet the 
specifications, tolerances, and other technical requi rements of National Institute of Standards and 
Technology Handbook 44 and shall not be required to be traceable to an active CC.  
(Amended 2001)  
 (f) A device in service in this State prior to  July 11,  2002 that is still in use may be installed at another l ocation 
in this state provided the device meets requirements in effect as of the date of installation in the new 
location; however, the device shall not be required to be traceable to an active CC.  
(Amended 2001)  
 
(g) A device in service in another State p rior to  July 11,  2002 may be installed in this State; however, the 
device shall meet the specifications, tolerances, and technical requirements for weighing and measuring devices in National Institute of Standards and Technology Handbook 44 and be traceabl e to an active CC.  
(Amended 2001)  
 (h) One-of-a-kind Device.  – The Director may accept the design of a one- of-a-kind device without an NTEP 
evaluation pending inspection and performance testing to satisfy that the device complies with Handbook 44 and is ca pable of performing within the Handbook 44 requirements for a reasonable period of 
time under normal conditions of use.  Indicators and load cells in all “one -of-a-kind” scale installations Handbook 130 –  20152016  Uniform Regulation for National Type Evaluation  
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 must have an active NTEP CC as evidence that the system meets the influence factor requirements of 
Handbook 44. 
(Amended 1998 and 2001)  
 (i) Repaired Device.  – If a person makes changes to a device to the extent that the metrological characteristics 
are changed, that specific device is no longer traceable to the active C C. 
(Amended 2001)  
 
(j) Remanufactured Device.  – If a person repairs or remanufactures a device, they are obligated to repair or 
remanufacture it consistent with the manufacturer’s original design; otherwise, that specific device is no 
longer traceable to an active CC.  
(Amended 2001)  
 (k) Copy of a Device.  – The manufacturer who copies the design of a device that is traceable to an active CC, 
but which is made by another company, must obtain a separate CC for the device.  The CC for the original device shall  not apply to the copy.  
 
(l) Device Components.  – If a person buys a load cell(s) and an indicating element that are traceable to CCs  
and then manufactures a device from the parts, that person shall obtain an active CC for the device.  
(Amended 2001)  
Section 5.  Participating Laboratory and Agreements  
 
The Director is authorized to:  
 
(a) Operate a Participating Laboratory as part of the NTEP .  In this regard, the Director is authorized to charge 
and collect fees f or type evaluation  services.  
 (b) Cooperate with and enter into agreements with any person in order to carry out the purposes of the act.  
Section 6.  Revocation of Conflicting Regulations  
 
All provisions of all orders and regulations before issued on this same subject that are contrary to or inconsistent 
with the provisions of this regulation, are hereby revoked.  
(Amended 2001)  
Section 7.  Effective Date 
 
This regulation shall become effective on  August 1, 20152016 . 
(Amended 2001)  
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 G.  Uniform Engine Fuels and Automotive Lubricants Regulation  
 
as adopted by  
The National Conference on Weights and Measures*  
 
1.  Background  
 
In 1984, the National Conference on Weights and Measures (NCWM) 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 pu rchaser 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 o fficials 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 
Engine Fuels and Automotive Lubricants Inspection Law section of this handbook) and the Uniform Engine Fu el 
and Automotive Lubricants 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 estab lished 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, pe troleum products, and automotive lubricants ; its 
title was changed accordingly; and the fuel specifications and method of sale  sections were r evised 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 reprodu cibility limits.  
 In 2007,  the Petroleum Subcommittee (now referred to as 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 f uels to the marketplace.  
 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.  
 
2.  Status of Promulgation  
 The Uniform Regulation for Engine Fuels and Automotive Lubricants was adopted by the NCWM in 1995 and the 
latest amendments were adopted in 2008.  The status of state actions with respect to this Regulation is shown in the 
table beginning on page  10. 
(Amended 2008)  
 
 *The National Conference on Weights and Measures  (NCWM)  is supported by the National Institute of Standards 
and Technology (NIST) in partial implementation of its statutory responsibility for “co operation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”   Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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 Uniform Engine Fuels  and Automotive Lubricants Regulation  
Section 1.  Definitions  
 
1.1.   ASTM International.  (www.astm.org ) – The international voluntary consensus standards organization 
formed for the development of standards on characterist ics 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  
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 am ount, expressed as a 
minimum volume percent of the principal component of the fuel.  For alternative liquid automotive fuels, a 
disclosure of other components, expressed as a minimum volume  percent , 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, (e.g., B20) represents the volume percentage of biodiesel fuel in the blend.  
 
1.11.  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.  
 
1.12.  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.  
 
1.13.  Denatured Fuel Ethanol.  – –  An ethanol blend component for use in gasoline -ethanol blends and ethanol 
flex fuel.  The ethanol is rendered unfit for beverage use by the addition of denaturants under formulas approved by 
the Alcohol and Tobacco Tax and Trade Bureau (TTB) (www.ttb.gov), (www.ttb.gov ), by the latest version of  
ASTM   D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as  Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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 Automotive S park Ignition Engine Fuel” describes the acceptable denaturants for denatured fuel ethanol to be 
blended into spark ignition engine fuels – “Ethanol” as defined in Section 1.20. Ethanol . 
(Amended 2014)  
 
1.14.  Diesel Exhaust Fluid (DEF).  – A preparation of aqueous  urea [(NH2)2CO], containing 32.5 % by mass of 
technically -pure urea in high -purity water with quality characteristics defined by the latest version of ISO  22241 , 
“Diesel engines – NOx reduction agent A US 21.” 
(Added 2014)  
 
1.15.    Diesel Fuel.  – A refined middle distillate suitable for use as a fuel in a compression -ignition (diesel) internal 
combustion engine.  
 
1.16. 1.16.  Distillate.  – Any product obtained by condensing the vapors given off by boiling petroleum or its 
products.  
 
1.17. 1.17.  EPA.  – The United States Environmental Protection Agency  (www.epa.gov ). 
 
1.18.  E85 Fuel Ethanol.  – A blend of ethanol and hydrocarbons of which the ethanol portion is nominally 75 to 
85 volume percent denatured fuel ethanol.  
 1.19.  Engine Fuel . – Any liquid or gaseous matter used for the generation of power in an internal combustion 
engine.  
 
1.20. 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 s pecial fuels are racing fuels and those intended for agricultural and other off -road applications.  
 
1.21. Ethanol.  – Also known as “ethyl alcohol .” Ethanol is provided in ga soline -ethanol blends by blending 
denatured fuel ethanol.  See Section 1.13. Denatured Fuel Ethanol.  
(Amended 2014)  
 
1.22. Ethanol Flex Fuel.  – Blend s of ethanol and hydrocarbons restricted for use as fuel in ground vehicles 
equipped with flexible -fuel spark -ignition engines.  
(Amended 2014)  
 1.23. Fuel Cell.  – An electrochemical energy conversion device in which fuel and an oxidant re act to generate 
electricity without consumption, physically or chemically, of its electrodes or electrolytes.  
(Added 2012)  
 
1.24. Fuel Oil.  – 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.  
 
1.25. 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.  
 
1.26. 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.  
 
1.27. Gasoline Gallon Equivalent (GGE) . – Equivalent to 2.567 kg (5.660 lb) of natural gas.  
 
1.28. Gasoline Liter Equivalent (GLE).  – Equivalent to 0.678 kg (1.495 lb) of natural gas.  
 
1.29. Diesel Liter Equivalent (DLE).  –  means 0.756 kg of natural gas.  
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 1.30.  Diesel Gallon Equivalent (DGE). – means 2.821 kg (6.22 lb) of natural gas.  
(Added 2013)  
 
1.31. 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.  
 
1.32. Gear Oil.  – An oil used to lubricate gears, axles, or some manual transmissions.  
(Added 2004)  
 
1.33. Hydrogen Fuel.  – A fuel composed of molecular hydrogen intended for consumption in a surface vehicle or 
electricity production device with an internal combus tion engine or fuel cell.  
(Added 2012)  
 
1.34. Internal Combustion Engine . – A device used to generate power by converting chemical energy bound in 
the fuel via spark -ignition or compression ignition combustion into mechanical work to power a vehicle or other 
device.  
(Added 2012)  
 
1.35. Kerosene.  – (or “Kerosine ”) A refined middle distillate suitable for use as a fuel for heating or illuminating, 
the classific ation of which shall be defined by the latest version of ASTM  D3699, “Standard Specification for 
Kerosine.”  
 
1.36. 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.  
 
1.37. Lead Substitute Engine Fuel.  – For labeling purposes, a gas oline or gasoline -oxygenate blend that contains 
a “lead substitute ”. 
 1.38. 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.  
 1.39. Liquefied Natural Gas (LNG).  – Natural gas that has been liquefied at – 162 ºC (– 259 ºF) and stored in 
insulated cryogenic tanks for use as an engine fuel.  
 1.40. 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.  
 
1.41. Low Temperature Operability.  – A condition which allows the uninterrupte d 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 fi lters.  
(Added 1998) (Amended 1999)  
1.42. Lubricant.  – Oil (See 1. 45. below.) . 
(Added 2008)  
 
1.43. Lubricity.  – A qualitative term describing the ability of a fluid to affect friction between, and wear to, 
surfaces  in relative motion under load.  
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 1.44. M85 Fuel Methanol.  – A blend of methanol  and hydrocarbons of which the methanol portion is nominally 
70 to 85 volume percent.  
 
1.45. 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 E ngine Test.” 
 
1.46. 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 
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 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)  
 1.47. MTBE. – Methyl tertiary -butyl ether.  
(Added 2008)  
 1.48. Oil. – A motor oil, engine oil, and/or gear oil.  
(Added 2004)  
 1.49. Oxygen Content of Gasoline.  – The percentage of oxygen by mass contained in a gasoline.  
 
1.50. Oxygenate.  – An oxygen -containing, ashless, organic compound, such as  an alcohol  or ether, which can be 
used as a fuel or fuel supplement.  
 1.51. 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.  
(Amended  2008)  
 1.52. 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. ” 
 
1.53. SAE  (SAE International) . – A technical organization for engineers, scientists, technicians, and others who 
cooperate closely in the engineering, design, manufacture, use, and maintainability of self -propelled vehicles.  
 1.54. Substantially Similar.  – Refers to the EPA ’s “Substantially Similar ” rule, Section  211 (f) (1) of the Clean 
Air Act [42  U.S.C. 7545 (f) (1)]. 
 
1.55. ThermStability . – 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 i nsoluble gums or 
organic particulates.  Insolubles (e.g., gums or organic particulates) can clog fuel filters and contribute to injector deposits.  
(Added 1998) (Amended 1999)  
 1.56. Unleaded.  – When used 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.  gallon) and not more than 0.0013 g of phosphorus per liter 
(0.005 g phosphorus per U.S. ga llon). 
 1.57. Wholesale Purchaser Consumer.  – Any person who is an ultimate consumer of gasoline, fuel methanol, 
ethanol flex fuel, diesel fuel, biodiesel, biodiesel blends, fuel oil, kerosene, aviation turbine fuels, natural gas, Uniform Engine Fuels and Automotive Lubricants Regulation  Handbook 130 –  20152016  
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 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 and 2014)  
Section 2.  Standard Fuel Specifications  
 
2.1. Gasoline and Gasoline -Oxygenate Blends .  
 
2.1.1.  Gasoline and Gasoline -Oxygenate Blends  (as defined in this regulation) . – Shall meet the latest  version 
of ASTM D4814,  “Standard Specification for Automotive Spark- Ignition Engine Fuel” except for the 
permissible offsets for ethanol blends as provided in Section 2.1. 2. Gasoline -Ethanol Blends.  
(Added 2009)  
 
2.1.2.  Gasoline -Ethanol Blends.  – When gasoline is blended with ethanol, the ethanol shall meet the latest 
version of ASTM D4806,  “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for 
Use as Automotive Spark- Ignition Engine Fuel ,” and the blend shall meet the latest version of ASTM D4814,  
“Standard Specification for Automotive Spark- Ignition Engine Fuel ,” with the following permissible 
exceptions:  
 
(a) The maximum vapor pressure shall not exceed the ASTM D4814 limits by more than:  
 
(1) 1.0 psi for blends containing 9 to 10 volume percent ethanol from June 1 through September 15.  
 
(2) 1.0 psi for blends containing one or more volume percent ethanol  for volatility classes A, B, C, D  
from September 16 through May 31.  
 
(3) 0.5 psi for blends containing one  or more volume percent ethanol for volatility Class E from 
September 16 through May 31.  
 
The vapor pressure exception s in subsections 2.1.2.  Gasoline -Ethanol Blends will remain in effect until ASTM 
incorporates changes to the vapor pressure maximums for ethanol blends.  
 
NOTE 1 :  The temperature values (e.g., 54 °C, 50.  °C, 41.5  °C) are presented in the format prescribed in ASTM  
E29 “Standard Practice for Using Significant Digits in Test Data to Determine Conformance with 
Specifications.”  
(Added 2009) ( Amended 2012 ) 
 
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. gallon);  
 
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. gallon).  
 
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  Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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 documentation and approve the lead substitute additive before such additive is blended into gasoline.  This 
documentation shall consist of:  
 
(a) test results as publi shed in the Federal Register by the EPA Administrator as required in 
Section  211(f)(2) of the Clean Air Act; or  
 
(b) until such time as the EPA Administrator develops and publishes a test procedure to determine the 
additive’s effectiveness in reducing valve se at wear, test results and description of the test 
procedures used in comparing the effectiveness of 0.026 g per liter 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.  
(Amended 2009)  
 
2.2. Diesel Fuel.  – Shall meet the latest 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 the latest version ASTM 
D613, “Standard Test Method for Cetance Nu mber of Diesel Fuel Oil .” 
 (b) Low Temperature Operability.  – A cold flow performance measurement which meets the  latest 
version of ASTM  D975, “Standard Specification for Diesel Fuel Oils ,” tenth percentile minimum 
ambient air temperature charts and maps by either ASTM Standard Test Method D2500 (Cloud Point) 
or the latest version of  ASTM Standard D4539,  “Low Temperature Flow Test, LTFT .”  Low 
temperature operability is only applicable October  1 to March  31 of each year.  
 (c) Thermal Stability.  – A minimum reflectance measurement of 80 % as determined by th e latest 
version ASTM Standard Test Method D6468 (180 min, 150 °C). 
 
(d) Lubricity.  – A maximum wear scar diameter of 520 microns micrometers  as determined by  the latest 
version  ASTM  D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High -
Frequency Reciprocating Rig (HFRR) .”  If an enforcement jurisdiction’s single test of more than 
560 microns micrometers  is determined, a second test shall be conducted.  If the average of the two 
tests is more than 560  microns micrometers , the sample do es not conform to the requirements of this 
part. 
(Amended 2003)  
 2.3. Aviation Turbine Fuels.  – Shall meet the latest  version of ASTM  D1655, “Standard Specification for 
Aviation Tur bine Fuels.”  
 
2.4. Aviation Gasoline.  – Shall meet the most recent latest  version of one of the following, as appropriate:  
 
(a) ASTM  D910 – “Standard Specification for Aviation Gasoline ;” or 
 
(b) ASTM D6227 – “Standard Specification for Grade  82 Unleaded Aviation Gasoline.”  
(Amended 2008)  
 2.5. Fuel Oils.  – Shall meet the latest  version of ASTM  D396, “Standard Specification for Fuel Oils.”  
 2.6. Kerosene (Kerosine) . – Shall meet the latest  version of ASTM  D3699, “Standard Specification for 
Kerosine.”  Uniform Engine Fuels and Automotive Lubricants Regulation  Handbook 130 –  20152016  
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2.7. Denatured Fuel Ethanol.  – Intended for blending with gasoline shall meet the latest  version of 
ASTM  D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as 
Automotive Spark- Ignition Engine Fuel.”  
(Amended 2014)  
 
2.8. Liquefied Petroleum (LP) Gases.  – Shall meet  the latest version 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 latest  version of SAE  J1616, “Recommended Practice 
for Compressed Natural Gas Vehicle Fuel.”  
 
2.10.  Ethanol  Flex Fuel . – Ethanol flex fuel is covered by one orof two ASTM standards based on the ethanol 
concentration of blend:  
 
(a) Ethanol flex fuel contain ing 51 to 83 volume percent ethanol shall meet the latest versio n of ASTM 
D5789D5798, “Standard Specifications for Ethanol Fuel Blends for Flexible Fuel Automotive Spark-
Ignition Engines”; and  
 
(b) Ethanol flex fuel containing 16 to 50 volume percent ethanol shall be blended, stored, and conveyed for 
consumption in accordance with the latest version of ASTM D7794, “Standard Practice for Blending Mid -
Level Ethanol Fuel Blends for Flexible Fuel Vehicles with Automotive Spark- Ignition Engines.”  
(Added 1997)  (Amended 2014)  
 
2.11.  M85 Fuel Methanol.  – Shall meet the latest  version of ASTM  D5797, “Standard Specification for Fuel 
Methanol M70- M85 for Automotive Spark Ignition Engines.”  
(Added 1997)  
 2.12.  Engine ( 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  the latest version of  SAE  J183,  “Engine 
Oil Performance and Engine Service Classificati on,” API 1509 “Engine Oil Licensing and Certification 
System,” European Automobile Manufacturers’ Association (ACEA), “European Oil Sequences,” or other “Vehicle or Engine M anufacturer Standards ” as applicable; and  
 (b) the product shall meet its labeled viscosity grade specification as specified in the latest version of 
SAE  J300, “Engine Oil Viscosity Classification . 
(Added 2004)  (Amended 2014)  
 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 version 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 spec ified in the latest version of 
SAE  J306;  and 
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 (c) the product shall be free from water and suspended matter when tested by means of centrifuge, in 
accordance with the  latest version of ASTM  D2273, “Standard Test Method for Trace Sediment in 
Lubricating Oils .” 
(Added 2004)  
 
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 sol d in this state shall provide, upon request by a duly 
authorized representative of the Director, documentation of any claims made on their product label.  
(Added 2004)  
 
2.15.  Biodiesel.  – B100 biodiesel intended for blending with diesel fuel shall meet the latest  version of 
ASTM  D6751, “Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels. ” 
(Added 2004)  
 
2.16.  Biodiesel Blends . – Blends of biodiesel and diesel fuels shall meet the following requirements: 
 
(a) blends that contain less than or equal to 5  % must meet the latest version of ASTM  D975, “Standard 
Specification for Diesel Fuel Oils ”; 
 
(b) blends greater than 5 % biodiesel and that contain less than or equal to 20 % by volume shall meet the latest 
version  of ASTM D7467,  “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20) ”; 
 
(c) use of S15 biodiesel is required when blending i nto S15 low sulfur motor vehicle diesel fuel when the 
intention is to certify the fuel as S15 grade; and  
 
(d) when blends greater than 20 % are offered for sale, the diesel fuel used in the blend shall meet the  latest  
version  of ASTM  D975, “Standard Specifica tion for Diesel Fuel Oils ,” and the biodiesel blend stock shall 
meet the specifications of Section  2.15.  Biodiesel.  
(Added 2004) (Amended 2008)  
 
2.17.  Hydrogen Fuel . – Shall meet the latest version of SAE J2719, “ Hydrogen Fuel Qualit y for Fuel Cell 
Vehicles. ” 
(Added 2012 ) 
 
2.18.  Diesel Exhaust Fluid (DEF ). – Shall meet the latest version of  the ISO 22241, “Diesel engines –  NOx 
reduction agent AUS  32.” 
(Added 2014)  
 
Section  3.  Classification and Method of Sale of Petroleum Products  
 
3.1. General Considerations.  
 
3.1.1.  Documentation.  – When products regulated by this rule 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 Uniform Engine Fuels and Automotive Lubricants Regulation  Handbook 130 –  20152016  
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 and time of the sale.  Documentation must be retained at the retail establishment for a period not less than thirty 
days. 
(Amended 2008, 2012)  
 
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 Na me. – 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 be  used only when the fuel meets 
specification requirements of paragraph 2.1.5. Minimum Lead Content to be Termed “Leaded.”  
 
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 12.7 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. Minimum 
Antiknock Index Requirements.  
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 Table 1.  
Minimum Antiknock Index Requirements  
 Minimum Antiknock Index  
Term  ASTM D4814 Altitude Reduction 
Areas IV and V  All Other ASTM D4814 Areas  
Premium, Super, Supreme, High 
Test 90 91 
Midgrade, Plus  87 89 
Regular Leaded  86 88 
Regular, Unleaded (alone)  85 87 
Economy  -- 86 
(Table 1.  Amended 1997)  
 
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 simila r 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).  
(Amended 1996)  
 
3.2.7.  Documentation for Dispenser Labeling Purposes . – The retailer shall be provided, at the time of 
delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other 
documentation:   
(a) Information that compiles with 40 CFR § 80.1503 when the fuel contains ethanol.  
(Added 2014)  
(b) For fuels that do not contain ethanol, information that complies with 40 CFR § 80.1503 and 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 “contai ns 
MTBE or other ethers.”  
(Added 2014)  
(c) Gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” or “containing” methanol . 
(Added 2014)  
(Amended 1996 and 2014)  
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 3.2.8.  EPA Labeling Requirements a lso Apply . – Retailers and wholesale purchaser -consumers of gasoline 
shall comply with the EPA pump labeling requirements for gasoline containing greater than 10 volume percent 
(v%) up to 15 volume percent (v%) ethanol (E15) under 40 CFR § 80.1501.  
(Added 2012 ) 
 
3.3.  Diesel Fuel.    
 
3.3.1.  Labeling of Grade Required.  – Diesel Fuel shall be identified by grades No.  1-D, No.  2-D, or No.  4-D. 
 
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.   
 
3.3.3.  Delivery Documentation for Premium Diesel.  – 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. Premium Diesel Fuel.  
(Added 1998) (Amended 1999)  
 
3.3.4 .  Nozzle Requirements for Diesel Fuel. –  Each dispensing device from which diesel fuel is sold at retail 
shall b e equipped with a nozzle spout with a diameter that conforms to the latest version of SAE J285, 
“Dispenser Nozzle S pouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition 
Engines. ”  (Enforceable effective July 1, 2013)  
(Added 2012 ) 
(Amended 1998, 1999, 2008,  and 2012 )  
 
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 Associat ion 
(NFPA  407), Standard for Aircraft Fuel Servicing.  
 
NOTE :  For example,  NFPA  407, 2007 edition :  Section  4.3.18 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 NFTA NFPA 407.)  
 
3.5. Aviation Gasoline.  
 
3.5.1.  Labeling of Grade Required.  – Aviation  gasoline shall be identified by Grade  80, Grade  91, Grade  100, 
or Grade  100LL, or Grade  82UL  
(Amended 2008)  
 
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 edition :  Section  4.3.18 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 3  in (75 mm) high of color sharply contrasting with its background for vis ibility.  It shall show the word  Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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Agency No. 209.02  
 “FLAMMABLE ” and the name of the product carried, such as “ JET A,” “JET B,” “GASOLINE, ” or 
“AVGAS. ”  (NOTE :  Refer to the most recent edition NFTA 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, No.  2 S5000, No.  4 (Light), No.  4, No.  5 (Light), No.  5 (Heavy), or No.  6. 
(Amended 2008)  
 
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 12.7 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. Ethanol  Flex Fuel . 
 
3.8.1.  How to Identify Ethanol  Flex Fuel . – Ethanol flex fuel shall be identified as Ethanol Flex Fuel or EXX 
Flex Fuel . 
 
3.8.2.  Labeling Requirements.  
 
(a) Ethanol  flex fuel with an ethanol concentration no less than 51 and no greater than 83 volume percent  
shall be labeled “Ethanol Flex Fuel, minimum 51 % ethanol.”  
 
(b) Ethanol flex fuel with an ethano l concentration less than or equal to 50 volume percent shall be labeled 
“EXX Flex Fuel, minimum YY  % ethanol,” where the XX is the ethanol concentration in volume 
percent and YY is XX minus five (−  5).  The actual ethanol concentration of the fuel shall b e XX 
volume percent plus or minus five (±  5) volume percent.  
(Added 2014)  
 (c) A label shall be posted which states “For Use in Flexible Fuel Vehicles (FFV) 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).  A label shall be posted 
which states, “ CHECK OWNER’S MANUAL ,” and shall not be less than 6 mm (¼  in) in height by 
0.8 mm (1/32 in) stroke; block style letters and the color shall be in definite contrast to the background 
color to which it is applied.  
(Amended 2007,  2008 , and 2014)  
 3.9. Fuel Ethanol.  
 
3.9.1. Retail Dispenser Labeling. -    Each retail dispenser of fuel mixtures containing no more than 10 
percentage denatured ethanol shall be labeled: “This fuel product may contain up to 10 percentage ethanol.” 
Retail dispensers of fuel ethanol of more than 10 percentage shall be labeled with the capital letter E followed  
by the numerical value volume percent denatured ethanol and ending with the word “ethanol” (Example: E1 5 
Ethanol)  Uniform Engine Fuels and Automotive Lubricants Regulation  Handbook 130 –  20152016  
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3.10. M85 Fuel Methanol.  
 
3.10.1.  How to Identify M85 Fuel Methanol.  – Fuel methanol shall be identified as  M85.  
 
 Example :  M85  
 
3.10.2.  Retail Dispenser Labeling.  
 
(a) Fuel methanol  shall be labeled with its automotive fuel rating in accordance with 16 CFR  Part 306. 
 
 Example :  M85 Methanol  
 
(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 of at least 12.7 mm (½  in) in height, 1.5 mm (1/16 in) stroke (width of type).  
(Amended 2008)  
 
3.11. Liquefied Petroleum Gas  (LPG).  
 
3.11.1.  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).  
 
3.11.2.  Retail Dispenser Labeling.  – Each retail dispenser of LPGs shall be labeled  as “Commercial Propane,” 
“Commercial Butane,” “Commercial PB Mixtures,” or “Special -Duty Propane (HD5).”  
 
3.11.3.   Additional Labeling Requirements.  – LPG shall be labeled with its automotive fuel rating in 
accordance with 16  CFR Part  306. 
 
3.11.4.  NFPA Labeling Requirements Also Apply.   (Refer to the most recent edition of NFPA  58.) 
  
3.12. Compressed Natural Gas  (CNG) . 
 
3.12.1.  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.”  
 
3.12.2.  Retail Sales of Compressed Natural Gas Sold as a Vehicle Fuel.  
 
3.12.2.1.  Method of Retail Sale . – All CNG  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).  
 
3.12.2.2.  Retail Dispenser Labeling . 
 
3.12.2.2.1.   Identification of Product.  – Each retail dispenser of CNG  shall be labeled as 
“Compressed Natural Gas .” 
 
3.12.2.2.2.   Conversion Factor. – All retail CNG  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.  
 
3.12.2.2.3.   Pressur e. – 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.   Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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3.12.2.2.4.  NFPA Label ing. – NFPA Labeling requirements also apply.  (Refer to NFPA  52.) 
 
3.12.3.  Nozzle Requirements for CNG.  – CNG fueling nozzles shall comply with ANSI/AGA/CGA NGV  1. 
 
3.13. Liquefied Natural Gas  (LNG).  
 
3.13.1.  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.”  
 
3.13.2.  Labeling of Retail Dispensers of Liquefied Natural Gas Sold as a Vehicle Fuel.  
 
3.13.2.1.  Identification of  Product.  – Each retail dispenser of LNG  shall be labeled as “Liquefied Natural 
Gas.”  
 
3.13.2.2.  Automotive Fuel Rating . – LNG  automotive fuel shall be labeled with its automotive fuel rating 
in accordance with 16  CFR Part  306. 
 
3.13.2.3.  NFPA Labeling. – NFPA Labeling requirements also apply.  (Refer to NFPA  57.) 
 3.14. Oil.  
 
3.14.1.  Labeling of Vehicle Engine (Motor) Oil Required.  
 
3.14.1.1.  Viscosity.  – The label on any vehicle engine (motor) oil container, receptacle, dispenser, or 
storage tank and the invoice or receipt from service on an engine that includes the installation of bulk 
vehicle engine (motor) oil dispensed from a receptacle, dispenser, or storage tank shall contain the viscosity 
grade classification preceded by the letters “SAE” in accordance with the SAE International’s latest version 
of SAE J300, “Engine Oil Viscosity Classification .” 
(Amended 2012 and 2014)  
 
3.14.1. 2.  Brand.  – The label on any vehicle engine (motor) oil container and the invoice or receipt from 
service on an engine that includes the installation of bulk vehicle engine (motor) oil dispensed from a 
receptacle, dispenser, or storage tank shall contain the name, brand, trademark, or trade name of the vehicle engine (motor) oil.  
(Added 2012 and 2014)  
 
3.14.1. 3.  Engine Service Category . – The label on any vehicle engine ( motor ) oil container, receptacle, 
dispenser or storage tank and the invoice or receipt from service on an engine that includes the installation of bulk vehicle engine (motor) oil dispensed from a recepta cle, dispenser , or storage tank shall contain the 
engine service category, or categories, displayed in letters not less than 3.18  mm (
1/8 in) in height, as 
defined by the latest version of SAE  J183, “Engine Oil Performance and Engine Service Classification  
(Other than “Energy Conserving” )” API Publication  1509, “Engine Oil Licensing and Certification 
System ,” or other “ Vehicle or Engine Manufacturer Standards ” as provided in Section 3. 1413.1.3.1 . 
(Amended  2012 and 2014)  
 
3.14.1. 3.1. Vehicle or Engine Manufa cturer Standard . – The label on any vehicle engine (motor) oil 
container, receptacle, dispenser, or storage tank and the invoice or receipt from service on an engine that includes the installation of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or 
stora ge tank shall identify the specific vehicle or engine manufacturer standard, or standards, met in 
letters not less than 3.18  mm (
1/8 in) in height.  If the vehicle (motor) oil only meets a vehicle or engine 
manufacturer standard, the label must clearly ide ntify that the oil is only intended for use where 
specifically recommended by the vehicle or engine manufacturer.  
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3.14.1. 3.2. Inactive or Obsolete Service Categories . – The label on any vehicle engine (motor) oil 
container, receptacle, dispenser, or storage tank and the invoice or receipt from service on an engine that includes the installation of vehicle engine (motor) oil dispensed from a receptacle, dispenser, or stora ge tank shall bear a plainly visible cautionary statement in compliance with the latest version of 
SAE J183, “ Engine Oil Performance and Engine Service Classification (Other than “ Energy 
Conserving” )” Appendix A, whenever the vehicle engine (motor) oil in the container or in bulk does 
not meet an active API service category as defined by the latest version of SAE J183, “Engine Oil 
Performance and Engine Service Classification ( Other than “Energy Conserving” ).”  If a vehicle 
engine (motor) oil is identified as only meeting a vehicle or engine manufacturer standard, the labeling requirements in Section 3. 14.1.3.1. V ehicle or Engine Manufacturer Standard applies.  
(Added 2012)  (Amended 2014)  
 
3.14.1. 4.  Tank Trucks  or Rail Cars . – Tank trucks, rail cars, and types of delivery trucks that are used to 
deliver bulk vehicle engine (motor) oil are not required to display the SAE viscosity grade and service 
category or categories on such tank trucks, rail cars, and other types of delivery trucks . 
(Added 2012) (Amend 2013 and 2014)   
3.14.1. 5.  Documentation.  – When the engine (motor) oil is sold in bulk, an invoice, bill of lading, 
shipping paper, or other documentation must accompany each delivery.  This document must identify the quantity of bulk engine (motor) oil delivered as defined in Sections 3. 14.1.1. Viscosity; 3. 14.1. 2. Brand; 
3.14.1. 3. Engine S ervice Category ; the name and address of the seller and buyer; and the date and time of 
the sale.  For inactive or obsolete service categories, the documentation shall also bear a plainly visible 
cautionary statement as required in Section 3. 14.1. 3.2. Inactive or Obsolete Service Categories .  
Documentation must be retained at the retail establishment for a period of not less than one year.  
(Added 2013)  (Amended 2014)  
(Amended 2012 , 2013,  and 2014)  
 
3.14.2.  Labeling of Recreational Motor  Oil. 
 
3.14.2.1.   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, “Engine Oil Viscosity Classification .” 
 
3.14.2.2.  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, “Engine Oil Viscosity Classification.”  
 
3.14.3.  Labeling of Gear Oil.  
 
3.14.3.1.   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, 
“Automotive Gear Lubricant Viscosity Classification ” or SAE  J300, “Engine Oil Viscosity Classification.”  
 
3.14.3.1.1.   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.  
 
3.14.3.2.   Servi ce Category.  – The label on each container of gear oil shall contain the service category, or 
categories, in letters not less than 3.18  mm (
1/8 in) in height, as defined by the latest version of SAE  J308, 
“Axle and Manual Transmission Lubricants .” 
(Added 2004)  
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 3.15. Automatic Transmission Fluid.  
 
3.15.1.  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;  and 
 
(e) an accurate statement of the quantity of the contents in terms of liquid measure.  
 
3.15.2.  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.  
(Added 2004)  
 3.16. Biodiesel and Biodiesel Blends.  
 
3.16.1.  Identification of Product.  – Biodiesel  shall be identified by the term “biodiesel” with the designation 
“B100.”  Biodiesel blends shall be identified by the term “Biodiesel Blend.”  
 3.16.2.  Labeling of Retail Dispensers.  
 
3.16.2.1.  Labeling of Grade Re quired.  – Biodiesel  shall be identified by the grades S15 or S500.  
Biodiesel blends shall be identified by the grades No.  1-D, No.  2-D, or No.  4-D. 
 
3.16.2.2.  EPA Labeling Requirements also Apply. – Retailers and wholesale purchaser -consumers of 
biodiesel blends shall comply with EPA pump labeling requirements for sulfur under 40 CFR  § 80.570.  
 
3.16.2.3.  Automotive Fuel Rating . – Biodiesel and biodiesel blends shall be labeled with its automotive 
fuel rating in accordance with 16  CFR  Part 306. 
 3.16.2.4.  Biodiesel Blends.  – When biodiesel blends greater than 20 % by v olume are offered by sale, each 
side of the dispenser where fuel can be delivered shall have a label conspicuously placed that states 
“Consult Vehicle Manufacturer Fuel Recommendations.”  
 
The lettering of this legend shall not be less than 6 mm ( ¼ in) in h eight by 0 .8 mm (
1/32 in) stroke; block 
style letters and the color shall be in definite contrast to the background color to which it is applied.  
 3.16.3.   Documentation for Dispenser Labeling Purposes.  – The retailer shall be provided, at the time of 
delivery of the fuel, a declaration of the volume percent biodiesel on an invoice, bill of lading, shipping paper, 
or other document.  This documentation is for dispenser labeling purposes only; it is the responsibilit y of any 
potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.  
 
3.16.4.  Exemption.  – Biodiesel blends that contain less than or equal to 5 % biodiesel by volume are exempted 
from the requirements of Sections  3.16.1. Identification of Product, 3. 16.2. Labeling of Retail Dispensers, and 
3.16.3. Documentation for Dispenser Labeling Purposes  when it is sold as “diesel fuel” as required in 
Section  3.3. Diesel Fuel.  
(Added 2005) (Ame nded 2008)  
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 3.17.  Diesel Exhaust Fluid (DEF).  
 
3.17.1.  Labeling of Diesel Exhaust Fluid (DEF) . – DEF shall be labeled .  
 
3.17.1.1.  Retail Dispenser Labeling . –  A label shall be clearly and conspicuously placed on the front 
panel of the D EF dispenser stating “for operation of selective catalytic reduction (SCR)  convert ers in moto r 
vehicles with diesel engines.”  
 
3.17.1.2.  Docume ntation for Retailers of Bulk Product . –  A DEF supplier shall provide, at the time of 
delivery of the bulk shipment of DEF, identification of the fluid’s origin including the name of the fluid 
manufacturer,  the brand name, trade name, or trademar k, and a statement identifying the fluid as DEF 
conforming to specifications given in the latest version of ISO  22241, “Diesel engines – NOx reduction 
agent AUS  32.”  This information shall be provided by the supplie r on an invoice, bill of lading, shipping 
paper, or other document.  
 3.17.1.3.  Labeling Packaged Product . –  Any DEF  retail package shall bear a label that includes the 
name of the fluid manufacturer, the brand name, trade name, or trademark, a statement identifying the fluid 
as DEF conforming to specifications given  in the latest version of ISO  22241, “Diesel engines –  NOx 
reduction agent AUX  32.”  And the statement, “It is recommended to store DEF between −  5 °C to 30  °C 
(23 °F to 86  °F).”  
 
3.17.1.4.  Documentation for Bulk Deliveries . –  A carrier that transports or accepts for transportation any 
bulk shipment by tank truck, freight container, cargo tank, railcar, or any other vehicle used to transport or 
deliver bulk quantities of DEF shall, at the time of delivery of the DEF, pro vide identification of the fluid’s 
origin including the name of the fluid manufacturer , the brand name, trade name, or trademark, and a 
statement identifying the fluid as DEF conforming to specifications given in the latest version of ISO 22241, “Diesel en gines – NOx reduction agent AUS  32.”  This information shall be provided to the 
recipient on an invoice, bill of lading, shipping paper, or other document.  
Effective date shall be January 1, 2016.  
(Added 2014)  
Section  4.  Retail Storage Tanks  and Dispenser Filters  
 
4.1. Water in Gasoline -Alcohol Blends, Biodiesel Blends, Ethanol  Flex Fuel , Aviation Gasoline, and 
Aviation Turbine Fuel.  –  No water 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, ethanol  flex fuel , aviation gasoline, and aviation turbine fuel.  
(Amended 2008,  2012 , and 2014)  
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. Water in 
Gasoline -Alcohol Blends, Biodiesel Blends, Ethanol  Flex Fuel , Aviation Gasoline, and Aviation Turbine Fuel.  
(Amended 2008,  2012 , and 2014)  
4.3. Dispenser Filters . 
 
4.3.1.  Engine Fuel Dispensers.  
 
(a) All gasoline, gasoline -alcohol blends, gasoline -ether blends, ethanol flex fuel, and M85 methanol  
dispensers shall have a 10 micron or smaller nominal pore-sized filter.  
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 (b) All biodiesel, biodiesel blends, diesel , and kerosene dispensers shall have a 30 micron or smaller 
nominal pore -sized filter.  
(Amended 2014)  
 
4.3.2.  Delivery of Aviation Fuel and Gasoline.  
 
(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. ” 
 
(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 Aviati on Jet Fuel 
Filter/Separators. ” 
(Added 2008)  (Amended 2014)  
4.4. Product Storage Identification.  
 
4.4.1.  Fill Con nection Labeling.  – The fill connection for any fuel product storage tank or vessel supplying 
engine -fuel devices shall be permanently, plainly, and visibly marked as to the product contained.  
(Amended 2008)  
 
4.4.2.  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.  
 
4.5. 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 whe n 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 variat ions 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 noti fy 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 demonst rated 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. Standard Fuel Specifications  shall be registered with the Director 
on forms prescribed by the Director 30 days prior to when the registran t wishes to engage in sales.  The registration 
form shall include all of the following information:  
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 6.1.1.  Identity.  – Business name and address(es).  
 
6.1.2.  Address.  – Mailing address , if different than 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. Engine Fuels 
Designed for Special Use.  
 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. ASTM Standard Test Methods.  – ASTM Standard Test Methods referenced for use within the applicable 
Standard Specification shall be used to determine the specification values for enforcement purposes.  
 
7.1.1.  Premium Diesel.  – The following test methods  shall be used to determine compliance with the premium 
diesel parameters:  
 
(a) Cetane Number . – ASTM  D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil” ; 
 (b) Low Temperature Operability . – ASTM  D4539, “Standard Test Method for Filterability  of Diesel 
Fuels by Low -Temperature Flow Test (LTFT)  or ASTM  D2500, “Standard Test Method for Cloud 
Point of Petroleum Products”  (according to marketing claim);  
 (c) Thermal Stability . – ASTM  D6468, “Standard Test Method for High Temperature Stability of M iddle 
Distillate Fuels”  (180 min, 150 °C); and 
 (d) Lubricity . – ASTM  D6079, “Standard Test Method  for Ev aluating Lubricity of Diesel Fuels by the 
High Frequency Reciprocating Rig (HFRR) .” 
(Amended 2003)  
 
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 the latest version of ASTM  D4814, “Standard 
Specification for Automotive Spark- Ignition Engine Fuel, Appendix  X1 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 . Premium Diesel Fuel and  Handbook 130 –  20152016  Uniform Engine Fuels and Automotive Lubricants Regulation 
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 Section  7.2.1. AKI Limits.  No allowance shall be made for the precision of the t est methods for aviation 
gasoline or aviation turbine fuels.  
(Amended 2008)  
7.2.3.  SAE Viscosity Grades for Engine Oils.  – All values are critical specifications as defined in the latest 
version of ASTM  D3244, “Standard Practice for Utilization of Test Data to Determine Conformance with 
Specif ications .”  The product shall be considered to be in conformance if the Assigned Test Value (ATV) is 
within the specification.  
(Added 2008)  
7.2.4.  Dispute Resolution.  – In the event of a dispute over a reported test value, the guidelines presented in the 
latest  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 Enfor cement 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 tha n the legal maximum or less than the legal minimum limits (specification value), posted 
values, certified values, or registered values.  
(Added 2008)  
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   Handbook 130 –  20152016  Examination Procedure for Price Verification  
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 V.  Examination Procedure for Price Verification  
 
as adopted by  
The National Conference on Weights and Measures*  
 
A.  Background  
 
The NCWM established the Price Verification Working Group  in 1993 to respond to public concern about price 
accuracy in retail stores.  More than 500 retailers, consumer representatives, and state and local weights and measures officials participated in the development of the procedure.  It was adopted by the NC WM at the 
80
th Annual Meeting in 1995.  
 The procedure applies to all retail stores, including food, hardware, general merchandise, drug, automotive supply, 
convenience, and club or other stores.  Model inspection reports are included to promote the collect ion of uniform 
data.  The model reports and uniform procedures will serve as the foundation for the collection and summarization 
of price accuracy data on a national basis.  This information may be used to provide reliable information on price accuracy wit h a national perspective.  The procedure provides administrators with the tools, guidance, and 
background information, as well as uniform test procedures and enforcement practices, to enhance the economic well-being  of consumers and retail businesses in th eir jurisdiction.  By implementing this program in cooperation 
with industry, officials will help to restore and maintain consumer confidence in retail pricing practices and technologies, such as scanners, and provide economic benefits for consumers and the business community.  
B.  Status of Promulgation  
 The Examination Procedure for Price Verification  was recommended for adoption by the Conference in 1995.  
The table beginning on page  10 shows the status of ad option of the procedure.  
 
 
   
 
 
 
 
 
  
 
 
 
   
 
   
 
 
*The National Conference on Weights and Measures  (NCWM)  is supported by the National Institute of Standards 
and Technology  (NIST)  in partial implementation of its statutory responsibility for “cooperation with the states in 
securing uniformity in weights and measures laws and methods of inspection.”  Examination Procedure for Price Verification  Handbook 130 –  20152016  
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 Examination Procedure for  Price Verification  
 
Section 1.  Scope  
 
These procedures may be used to conduct price verification inspections  in any type of store, including those that use 
Universal Product Code (UPC) scanners and price -look-up codes at the check -out counter as a means for pricing.  
Procedures are included for test purchases and verifying manual entries.  The purpose of the pro cedure is to ensure 
that consumers are charged the correct price for the items they purchase.  The “randomized” and “stratified” 
sampling procedures  are intended for use in routine inspections to determine how well a store is maintaining price 
accuracy.  Nothing in this procedure should be construed or interpreted to redefine any state or local law or limit any 
jurisdiction from enforcing any law, regulation, or procedures that relates to the accuracy of advertisements  of retail 
prices, or any other legal requirement.  
Section 2.  Definitions  
 
2.1.  Area.  – “Entire store,” a “department,” “grouping of shelves or displays,” or other “section” of a store as 
defined by the inspector from which samples are selected for verification.  “Non -public” areas of a store are not 
included (e.g., the area in a pharmacy where controlled drugs are kept or product store rooms).  
 2.2.  Cents -off Representation.  – Any printed matter consisting of the words “cents off” or words of similar import 
placed upon any item or on a label affixed or adjacent to an item, stating or representing by implication that it is 
offered for sale at a lower price than the ordinary and customary retail selling price (e.g., 15 % off, bonus offers , 
2 for 1, or 1 -cent sales, etc.).  
 
2.3.  Direct -Store -Delivery (DSD) Item.  – An item delivered to a store, and usually priced, by route salespeople 
(e.g., milk, beer, soft drinks, bread, and snack foods).  
 2.4.  Displays.  
 
(a) Aisle Stacks or End -of-Aisle Displays . – Displays located in freestanding units or attached at the end of or 
adjacent to a tier of shelves.  
 (b) Tie-in Displays . – Displays of related products at secondary locations in a store (e.g., barbecue  sauce on 
shelves in an aisle that may also be simultaneously displayed in the meat department of a food store).  
 
(c) Multiple Displays . – Displays of the same product at several locations in a store.  
 
2.5.  Hand -held Scanning Device.  – A portable device that scans UPC  codes and also allows for the comparison of 
the price displayed on a shelf, item, or otherwise advertised to the price for the item in the point -of-sale datab ase. 
 
NOTE:   These devices either retain a “batch” file of entered prices and identities for later comparison to the 
database or operate “on- line” via FM radio to the database.  When used for price verification, they shall only be 
used with the active point -of-sale database.  If you use a hand- held scanner, verify all price discrepancies by 
scanning the item at a check -out register and request a printed receipt to document the price that consumers would 
be charged.  
 
2.6.  Enforcement Levels . 
 
NOTE :  These recommendations are not intended to modify the enforcement policy of any jurisdiction unless they 
are adopted by the jurisdiction.  
 
(a) Lower levels of enforcement actions.  – Includes increased inspection frequency, stop -sale or correction 
orders, warning letters, and other notifications of noncompliance.  Examination Procedure for Price Verification  Handbook 130 –  20152016  
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(b) Higher levels of enforcement actions.  – Includes issuance of citations, administrative hearings, civil 
penalties, or prosecution under cr iminal statutes.  
 
2.7.  Inspection Types.  
 
(a) Automated Inspection.  – Inspections that are conducted using a hand- held scanning device.  
 
(b) Manual Inspection.  – Removing items  from displays and taking them to a check- out terminal to verify the 
price (e.g., select the items and either (1)  take them to a check -out terminal for scanning or (2)  record the 
product identity, UPC number, and shelf price for each package on an inspecti on report) and then manually 
entering the UPC numbers in the register.  The manual entries may be made by the official or by a store 
employee.  
 
2.8.  Inspection Frequency.  
 
These recommendations do not modify the inspection policy of any jurisdiction unles s adopted by the jurisdiction.  
 
Inspection Control . – After a program has been in place for a period of time and a database is established, 
procedures can be developed to randomly select stores for inspection, or to focus inspections on stores with low levels of compliance.  
 
(a) Normal Inspection Frequency.  – An inspection made at the customary time interval used by an 
enforcement agency.  Inspections may be conducted during normal business hours.  Stores under this normal frequency should be inspected semi -annually or annually.  
 
(b) Increased Inspection Frequency.  – An inspection made more often than with the customary time interval, 
usually as a follow -up on prior violations.  Inspect ions may be conducted during the normal business hours.  
Stores under this increased frequency should be inspected on a quarterly, bi -monthly, or more frequent 
basis.  
 
(c) Term of Increased Inspection Frequency.  – A store placed on an increased inspection frequency shall 
remain at that frequency until there are two consecutive inspections with an accuracy of 98 % or higher.  
 
(d) Special Inspection.  – An inspection that is conducted as a follow -up to a prior inspection or to investigate 
a complaint.  
 2.9.  Inspection Lot.  – A group of items available for testing in an “area” or “areas.”  (See 2.1. “Area.”)  
 
2.10.  Merchandise Group.  – A group of products identified under a common heading for inspection purposes only 
(e.g., “advertised sale” items, “end -of-aisle” items, “direct d elivery” items, “cents -off” items, or all the items in the 
“men’s” department in a department store).  
 
2.11.  Not -on-File Item.  – Items not found in the point -of-sale database.  When found, another item is selected at 
random (e.g., an item on either side of the one that was not on file) to replace the item in the sample.  A “not -on-
file” item is not an error unless you determine that the price “charged” for the item is incorrect by conducting a test 
purchase or by asking the check -out clerk to determine the price by using the store’s written or stated policy or 
procedures.  If the price is found to be inconsistent, the error is included in the total.  
 
2.12.  Notification of Noncompliance.  – Any written notice given to a store describing the violations of the law that 
were found.  
 
2.13.  Price Look -Up Code (PLU).  – A pricing system where numbers are assigned to items or commodities, and 
the price is stored in a database for recall when the numbers are manually entered.  PLU codes are used with scales, cash registers, and point -of-sale systems.  
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 2.14.  Prices.  – These definitions do not amend or effect the provisions of an y law, regulation, or other test 
procedure.  
 
(a) Misrepresented Price.  – The price charged differs from the price at which the item is offered, exposed, or 
advertised for sale, or that the price  is different from the price on the item, shelf label, or sign.  
 
(b) Price Charged.  – The price charged for an item and either displayed on the automated device or on the 
receipt issued by the device, whether the ite m is scanned or actually purchased, the device is computing or 
recording while in a training or inspection mode, or by using the hand- held device tied to the point -of-sale 
database.  
 
(c) Overcharge.  – The price charged for an item is more than the lowest advertised, quoted, posted, or marked 
price.  
 
(d) Undercharge.  – The price charged for an item is less than the lowest advertised, quoted, posted, or marked 
price.  
 
(e) Intentional Undercharge . – Undercharges are not counted as errors if the store provides, at the time of 
inspection, information that confirms that the price error was intentional (e.g., an undercharge that occurs 
when a store lowers a price in a database before it changes shelf tags or signs in anticipation of selling the item at a lower price, or when a store increases the price or advertised price of an item, and then increases 
the price in the database, or when a discounted price is rounded to a lower value).  
 
2.15.  Pricing Coordinator.  – The individual designated by the store to control and maintain “pricing integrity” in 
the store, although the title will differ among retailers.  
 2.16.  Pricing Integrity.  – Ensuring that the computer price file and/or the price charged to consumers at a cash 
register is the same price that is marked on the product, in an advertisement, and/or the shelf tag.  
 2.17.  Sa mple.  – The number of items selected for testing from the inspection lot.  
 2.18.  Scanner.  – An electronic system that employs a laser bar code reader to retrieve product identity, price, and 
other inf ormation stored in computer memory.  
 
2.19.  Stock -Keeping Unit (SKU).  – A system of product identity and pricing similar to PLUs.  
 2.20.  Store -Coded Item.  – The application of UPC  codes to items in the store.  Scales in the meat, deli, and other 
departments generate UPC  labels that include identity and price information that can be read by point -of-sale 
scanners.  
 2.21.  Stop -Sale Order.  – An official document placing a package or an amount of any commodity off -sale, that is 
offered or exposed for sale in violation of the law.  
 2.22.  Ticketed Merchandise.  – Items from which the price must be read from a ticket (or price sticker) and 
manually keyed into a register.  
 2.23.  Universal Product Code (UPC).  – A unique symbol that consists of a machine readable code and human-
readable numbers.  UPC s are pri nted on package labels or are applied with tags or labels.  U PC codes may be 
printed  for random weight packages by price computing scales.  UPC  symbols must meet the standards established 
by the GS1 US (formerly the Uniform Code Council [UCC]) in order for  them to “scan” accurately.  The size and 
clarity of the print and clear area surrounding the symbol are just a few of the factors that affect accuracy.  The GS1 
US issues codes and answers technical questions.   For more information, contact  GS1 US , at 7887  Washington 
Village  Drive, Suite  300, Dayton, OH  45459, t elephone:  (937)  435-3870, FAX (937) 435- 7317, or e -mail 
info@gs1us.org.   You can visit them on the web at www.gs1us.org.  Examination Procedure for Price Verification  Handbook 130 –  20152016  
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 Section 3.  Test Notes  
 
3.1.  Safety and Health.  – Practice safe work habits to avoid personal injuries or property damage.  Be aware of and 
follow all safety or sanitation rules at the inspection site.  Handle perishable, dairy, or frozen products properly to 
avoid damage (e.g., avoid defrosting frozen foods or allowing dairy products to warm to room temperature that may 
result in spoilage).  
 3.2.  Confidentiality  of Findings.  – Inspection findings should be discussed only with an authorized store 
representative and released only in accordance with applicable public records laws.  
Section 4.  Materials and Equipment  
 
The following materials and equipment are recommended for use in conducting the inspections in this procedure:  
 
Inspection report : 
 
• Copy of laws or regulations  
• Hand -held counter or Price Verification  Tally Sheets  
• 1 lb (or 1  kg) test standard  
• Merchandise cart (if required and available)  
 Other equipment and materials provided by the store when available:  
 
• Current newspaper advertisement or store sales brochures  
 
• Hand -held scanning device(s) –  Stores are not required to have this equipment or to  make it available for 
your use.  However, many stores use this equipment to maintain price integrity and may make it available for your use on request.  
Section  5.  Pre- Inspection Tasks  
 Prior to conducting an inspection, it is recommended that you contact  the store management, identify yourself, and 
explain the purpose of your visit.  Determine if there are any health, sanitation, or safety rules.  If requested, provide 
information on the law or the inspection procedure.  
 
NOTE:  When verifying manual price  entries or conducting test purchases, store management is typically not 
notified of the test until the items have been totaled and the transaction completed.  
 
(a) Notify store representatives that they are invited to participate in the inspection.  
 (b) If the store makes a hand -held scanning device available for use, request instructions on how to operate it 
properly.  It is acceptable for the “pricing coordinator” to operate the scanning device and participate in the inspection.  
 
(c) If you use the manual  inspection procedure, advise the store representative that you will return the 
merchandise to its display location unless the store representative wants to restock the items, which is 
acceptable.  Determine which check -out location to use.  Arrange to have the register set so that the items 
you verify are not included in sales records.  
 
(d) Conduct inspections in a manner that does not disrupt normal business activities.   Handbook 130 –  20152016  Examination Procedure for Price Verification  
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 Section 6.  Inspection  
 
Perform the following inspections: 
 
6.1.  Position of Equipmen t. – Determine if customer indications on point -of-sale systems meet NIST 
Handbook 44, General Code, User Requirement, 3.3.  Position of Equipment.  A device equipped with a primary 
indicating element and used in direct sales  shall be so positioned that its indications may be accurately read and the 
weighing and measuring operation may be observed from some “reasonable” customer position.  
 
NIST Handbook 44 defines “point -of-sale system” as an assembly of elements including a weighing element, 
indicating element, and a recording element (and may be equipped with a scanner) used to complete a direct sale  
transaction.  
 NOTE:   The importance of consumer access  to the c ash register display of product information and price cannot be 
overstated.  If consumers cannot verify prices as the items are being scanned, they must wait until the transaction is completed (i.e., they must pay by cash, check, or credit card) before they receive the receipt and can confirm the 
prices charged for the items.  
 
6.2.  Other.  
 
(a) If you use a cash register, verify the accuracy and legibility of information provided on register ’s receipts.  
 
(b) Conduct inspections to enforce local requirements  if your jurisdiction has specific laws or regulations 
relating to price marking, shelf labels, or unit pricing . 
Section 7.  Test Procedures  
 These procedures shall be used to conduct inspections in any type of store, whether the store uses scanners or automated price look- up registers, or where a clerk manually enters the prices.  
 
7.1.  Application of Sampling Plans.  
 
(a) For normal or increased frequency inspections, follow the procedures referred to in Columns  1, 2, and 3 in 
Table  1. Samples, Sample Collection, and Accuracy Requirements.  
 
(b) For special inspections, use the test procedures in Section 7.2. Table 1.  Samples, Sample Collection, and 
Accuracy Requirements or 7.4. Procedure for Test Purchases and for Verifying Manually Ente red Prices.  
 
7.2.  Table 1. Samples, Sample Collection, and Accuracy Requirements.  
 
7.2.1.  How to Use the Table : 
 
(a) Look in Column 1 for the type of store you are inspecting; select the appropriate sample size from 
Column  2; then refer to Column 3 for t he type of sample collection plan to use.  
 
(b) Follow the single -stage or two -stage sampling plans to conduct the inspection and collect the samples 
using either the “randomized” or “stratified” sample collection procedures described in Section  7.3. Sample  Collection Procedures or the procedure in Section 7.4. Procedure for Test 
Purchases and for Verifying Manually Entered Prices.  
 (c) Apply the accuracy requirements for the appropriate sample size in Column  4. 
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 7.2.2.  Samples. – Refer to Column 2 in Table  1. Samples, Sample Collection, and Accuracy Requirements  to 
determine how many items to select for the store type and whether to use the single -stage or two -stage sampling 
plan.  You may use either:  
 
(a) Single -Stage Sample. –  A single -stage sample is typically used for, but is not limited to, stores where 
a hand -held scanner device is available for the inspection; or  
 
(b) Two -Stage Sample. –  A two -stage sample saves time.  If the sample (usually one -half the total sample 
size)  taken in the first -stage meets the accuracy requirements specified in Column  4 in Table  1. 
Samples, Sample Collection, and Accuracy Requirements , the inspection is complete.  However, if the 
errors in the first -stage sample fall within the limits set in Column  4, the second- stage of the sample is 
taken.  
 
7.3.  Sample Collection Procedures (for use with either manual or automated inspection procedures).  – These 
sample collection procedures may be used to conduct either manual or automated inspections with a single -stage or 
two-stage sample.  That is, you can either use a hand -held scanning device to verify the price of an item 
(automated), or you can remove the items from display and take them to a check -out location to verify the price of 
the item (manual)  regardless of which sample collection procedure is used.  No sample collection procedure is ideal 
for all retail store arrangements.  You can modify the procedure to fit each store, but you should adhere to the sample size and sample collection procedures  described in Table  1. Samples, Sample Collection, and Accuracy 
Requirements .  When using any of the procedures, test the store as a whole unit by taking samples from all parts of 
the store, or divide the store into “areas” and select samples from several “areas” (e.g., at least 10  areas, or one -third 
or one -half of the “areas”).  
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Table 1.  
Samples, Sample Collection, and Accuracy Requirements  
Column  1. 
Type of Store  Column  2. 
Samples  Column  3. 
Sample Collection 
Procedures  Column  4. 
Accuracy Requirements  
(See Section  10) 
Convenience or 
Any Other Small 
Retail Store  
 
NOTE:   For this 
procedure, a small 
store is typically 
one with three or 
fewer check -out 
registers.   
Two-Stage Sample:  
 
First Stage = 25 items  
 
Second Stage = 25 items or more  
 
Total = 50 items  or 
more  
 
or 
 
Single -Stage Sample:  
 
50 items or more  Use the Randomized 
Sample Collection in 
7.3.1 or the Stratified 
Sample Collection in 
7.3.2.  
 and 
 Use Manual or 
Automated Inspection 
Procedures  
  
NOTE:   Test the store as 
a whole unit by taking 
samples from all “areas” 
of the store,  
 
or 
 
divide the store into 
“areas” and select 
samples from several 
“areas” (e.g., at least 10 or one -third of the 
“areas”)   
If 1 error is found in the 25- item 
sample, test an  additional 25 items.  
 
If more than 1 error is found in the 
50-item sample, the store fails.  
 
NOTE:   If more than 1 error is 
found in the first 25 items, the 
store fails.  
All Other Retail 
Stores   
Two-Stage Sample:  
 First Stage = 50 items  
 
Second Stage = 50 
items or more  
 Total = 100 items or  
more
 If 1 error is found in the 50 -item 
sample, the store passes.  
 If 2 errors are found in the 50- item 
sample, test an additional 50 items.  
 If more than 2 errors are found in the 100 item sample, the store fails.  
 
NOTE:   If more than 2 errors are 
found in either stage, the store 
fails.  
 Single -Stage Sample:  
 100 or more items  If more than 2 errors are found in 
the 100- item sample the store fails ; 
or 
 
If more than 100 items are 
sampled, the error rate shall not exceed 2  %. 
 
NOTE  1:  These sampling procedures allow flexibility in sample collection for use in any type or size of 
store.  You can take several different approaches and select a number of “areas” to sample using the sample 
sizes in Table  1.  For example, to perform a 100- item inspection in a department store with 20 “areas,” you 
can either verify 5  items in an “area,” 10 items in each of 10  “areas,” or 20 items from each of 5  “areas.”  
 
NOTE  2:  The sample sizes used for routine inspections in this procedure should not be us ed to estimate the 
overall accuracy of prices in a store.  
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 NOTE  3:  In some stores, price reductions are not programmed into the point -of-sale system.  Instead, 
discounts are manually entered by a sales clerk; however, the sales clerks should have a means of identifying 
a sale item.  When conducting normal inspections, v erify the price of the sale items by allowing the sales 
clerk to determine the price of the item using the store’s customary procedures.  This will ensure that the customer receives the correct price regardless of the location where the check- out occurs.  
 
7.3.1.  Randomized Sample Collection.  – In “randomized” sample collection, all items in an “area” have an 
equal chance of being included in the sample.  This test procedure has several benefits, including:  (1)  having 
more effective coverage and being simpler to conduct because you select items by count following a systematic 
pattern throughout the store, and (2)  ensuring that a wider range of items are verified, which increases scrutiny; 
therefore, there is greater confidence in the results.  With most sam ples, several items will be verified in each 
“area” of the store.  Since store sizes differ, this number will vary, but samples should be taken from a wide 
variety of items (and merchandise groups) from locations throughout the store or “area.”  
 
The steps of the randomized sampling collection procedure are as follows:  
 
(a) Count the number of “areas” in the store which have products to be verified:  
 
(1) Stand -alone counters and displays or whole departments (e.g., bakery or seafood, or “men’s 
clothing” or “ sporting goods” department, etc.) are considered and counted as individual “areas” 
to be sampled.  
 
(2) End of aisle displays may be considered as a single, distinct “area” and either verified separately or included as part of one side of an aisle.  
 
(b) The sample size (e.g., 100  items) is divided by the number of “areas” to determine the number of items 
to be sampled from each “area.”  Depending on the number of areas in the store, you may calculate a 
fractional number of items per area.  In this case, roun d off the sample size and select one or two 
additional items from an “area” to complete the full sample size of 100  items.  
7.3.1.1.  Example 1.  Illustrations of the Randomized Sampling Procedure.  
 
(a) Figure  1 illustrates how the randomized sampling procedures are used in a food store.  This 
example is based on a 100- item sample.  To simplify the selection process, simply divide the store 
into 4  major “areas” and select samples as follows:  
 
Examples:  
 
• Select 5  items from all of the shelves and display s in the produce section which are grouped 
as a single “area,”  
 
• Select 85  items by choosing 5  items from either side of several of the 13  aisles (e.g., there are 
26 rows of shelves from which samples may be selected.  To select 85  items, select 5  items 
from 17 of the 26 rows of shelves).  
 
• Select 5  items from the counters along the back of the store, and  
 
• Select 5  items from the deli -bakery and the cash register areas which are grouped as a single 
“area.”  
 
(b) Figures  2 and 3 illustrate how the randomized sampling procedures may be used in any store.  The 
examples are based on a 100 -item sample for stores that have a total of 30  “areas” to sample.  The 
procedure allows the flexibility needed to adjust the sample to fit the store layout.  To simplify the 
selection process, the stand -alone displays may be grouped together as an “area” to be sampled.  
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 The following breakdown of “areas” is illustrated in Figure  2; the same approach is used in 
Figure  3.  Figure  4 illustrates an example of sampling 100 items by se lecting 20  items from 
5 different areas in a department store.  
 
1 - All shelves and displays in the produce section are grouped as a single “area.”  
28 - The 13  aisles (26  rows of shelves), the counters along the back of the store, and the cash 
register ar eas are counted as “areas.”  
1 - The “end -of-aisle” displays at the front and back of the store are grouped as a single 
“area.”  
30 - Total “areas”  
 
(1) To select samples from the entire store, divide 100  by 30 to calculate how many “samples” to 
take from each “area.”  In this example, 100  ÷ 30 = 3.3 items per area.  Rounding down to 
3 items, take a total of 90  samples from the different “areas,” then select an additional one 
(1) item from each of 10 “areas” to obtain a sample of 100  items.  
 
(2) If you round up to 4 items per area, you take a total of 120  samples, or  
 
(3) You may select 10  items from 10 “areas.”  
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Figure  1.  Illustration of the Randomized Sampling Procedure  
 
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Figure  2.  Illustration of the Randomized Sampling Procedure  
 
(c) Start in any “area” in the  store at any shelf, rack, or display (top, bottom, front, back; anywhere 
on a circular rack or display).  Begin with the first, second, or third item and count either 5, 10, 
or 15  items along the shelf (varying the number of items counted depending on how  many items 
are available on the shelf) or along the aisle.  Select the 5th, 10th, or 15th item as appropriate (See 
Figures  5, 6, and 7).  Only select one item from each brand or product (if they are the same 
price) from a display that has two or more item s of the same product size and price displayed 
side by side.  You can change the number of items you count off as often as necessary during 
the inspection.  
 
(d) Either verify the price with a hand- held scanning device or take the item (along with the other 
items you select) to the check -out location to verify the price, keeping count of the items using a 
hand counter or tally sheet.  If the price of an item is incorrect, record the item’s name, description, and price along with other information (e.g., whether the product is on sale, aisle location so you can easily find the items again to verify the error, etc.).  
 
(e) From the first item sampled, move down (or up) one shelf to the item most directly below (or above) and count 5, 10, or 15 items in the same directio n and sample the 5
th, 10th, or 15th items, 
as appropriate.  After the number of items to be verified in each “area” have been selected, go to 
the next “area” and start on the next shelf (either down or up) from where the previous sample 
was selected, count  5, 10, or 15 items and select the appropriate item using the count system 
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 until the required number of samples is selected.  If you have sampled an item on the bottom (or 
top) shelf and have more items to test in the “area,” simply go up (or down) one she lf.  This will 
create a “zigzag” trail up and down the display.  
 
NOTE :  Randomness can be increased by starting on different shelves or at the midpoint or rear of 
an aisle during an inspection, or by starting at different locations in a store on subsequent  
inspections.   Always start at a different location on subsequent inspections of a store.  To maintain 
“randomness,” do not search for obvious pricing errors.  If you see pricing errors, have them 
corrected.  The sample should not include more than one of the same item from the same display.  If 
an item is out of stock, select the next item . 
 
(f) This procedure is repeated for all “areas” until you complete the sample.  (See following Notes)  
 
NOTE  1:  Include at least 5 to 10 Price Look Up (PLU) and store -coded  items in the samples.  In food 
stores, these items do not usually have to be removed from the produce, bulk foods section, or deli 
display for use in this procedure.  You can use a hand- held scanner or record the identity and item price 
designated at the product sales display of the items from the different department (produce, bakery, deli), 
if available, for price comparison through either the PLU programmed in the department’s scale or at the point -of-sale system.  Have the PLU entered in the scale (See Note  2) or point -of-sale system (or have 
“store -coded” items scanned) and record the price, comparing it with the displayed sale price.  Record 
any errors (See Note  3).  When checking “store -coded” items from the meat or other departments, 
remember a “ UPC  symbol” on a random weight label is read by a scanner to obtain the total price and 
identity.  The price is not stored in the point -of-sale database, but in the memory of the prepackaging 
scale.  
 
NOTE  2:  Some scales or point -of-sale systems do not display or record the unit price associated with 
the PLU unless a weight is on the scale.  For this type of device, a one pound standard (or 1 kg) is placed 
on the scale load- receiving element.  Some systems automatically deduct tare, so check to make sure that 
this does not affect the price indication.  
 
NOTE  3:  When you manually enter PLU codes and find errors, reenter the PLU number to ensure that 
the error was not caused by a keying mistake and that the item was identified accurately.  
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Figure  3.  Illu stration of the Randomized Sampling Procedure  
 
7.3.2.  Stratified Sample Collection.  – Stratified sample collection (i.e., selecting samples from specific 
merchandise groups) of items on sale, specials, seasonal items, or items on end- of-aisle displays) is  typically 
used (e.g., if a store has failed an inspection based on the randomized sample collection procedures) to focus 
on specific merchandise groups that appear to have more errors than others (e.g., you find that many of the 
errors found in the random ized sample were in “advertised specials” or with “discontinued items”).  You can 
also combine sample collection procedures by using a “randomized/stratified” approach.  The “stratified” approach may be used the first time you inspect a store, in stores th at have just implemented scanning, in 
stores that have high error rates on particular groups of items in past inspections, or in responding to consumer complaints involving a particular group of items.  
 
For stratified sample collection, items are randomly selected from different “merchandise groups” in a store.  They are tested in the first stage of the two -stage manual sampling plan to determine if (1)  any group has 
more errors than any other and (2)  the sample taken in the first stage meets accuracy requi rements.  This 
method should be modified depending on the marketing practices of the store in which it is used (e.g., if you are in a department store, there may be fewer groups to sample from, or the list provided below may not 
include the types of groups  typically encountered in a hardware superstore).  The next example shows how to 
conduct a stratified sample and how it is used, but it should not be the sole basis for sample collection 
because a specific list of items does not look at the store as a whol e.  Focusing on specific merchandise 
groups takes time, but this may be necessary when investigating a complaint or following up on a prior 
noncompliance.  Select only one item from each brand or product from a display that has two or more items 
of the sam e product, size, and price displayed side by side if they are the same price.  
 
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Figure 4.  Stratified Sample Collection   Figure 5.  Randomized Sample Collection  
 
Sample Size.  – In this example, a large food store is inspected using a two -stage sampling plan 
(50 items/100  total items).  The inspection begins with an initial sample of 50  items (see Column  1. Type of Store 
for All Other Retail Stores and Column 2. Sample Sizes in  Table  1). 
 
Stratified Sample Collection.  – Select 50  items from the merchandise groups listed below (provided as examples 
only; stores may have other groups that should be included).  This procedure allows you to focus on specific 
merchandise groups to de termine if errors are indeed occurring in groups where they are thought to occur most 
frequently (e.g., sale and direct delivery items).  
7.3.2.1.   Example  2.  Two -Stage Manual Inspection using the Stratified Sampling Procedure . 
 
If there is an insufficient number of items in any merchandise group, or if the group of items is not 
available, increase the number of “randomized” items selected from the overall inspection lot to obtain a 
total of 50  items.  As marketing practices evolve, these groups may change as well.  You may substitute 
“other” or new merchandise groups for any of those listed below (e.g., you may have identified errors in 
the “health and beauty aids” section or on “manager specials” during a previous inspection, so samples 
from these groups m ay be substituted for any of the groups listed below).  Model “Price Verification 
Tally Sheets ” in Section  14. Model Forms for Price Verification Inspections  are provided for your u se 
with the test procedures to keep track of the number of items selected.  
 
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 First -Stage:   50 items.  – Use the “randomized” sample collection  procedures described in 
7.3.1.  Randomized Sample Collection  to select the following items.  These sample collection procedures 
simplify the inspection process and ensure that samples are collected as randomly as possible.  
 
Examples:  
 
• Twenty -five “Regular Priced” items.  Select  one or two items at random from diffe rent shelves in 
each “area” or limit your sampling to shelves in one -half the “areas” in the store, and  
 
• Twenty -five Items.  Select a total of 25  items.  Include several items from any of the following 
merchandise groups:  
 
- “Direct -Store -Delivery (DSD)” items.  If the store allows vendors to price DSD items, include 
those items in the sample.  
 
- “End -of-Aisle” or “Tie -In-Display” items.  This group can include both regular and sale -priced 
items.  
 
- “Advertised Sale” items.  Use the store’s sales brochure or newspaper advertisements to identify 
sale items.  
 
- “Special” items.  This includes any item with a reduced price (e.g., items on “special” including 
“cents -off” or “percentage -off” items, 2 -for-the-price -of-1 specials, manager and in- store 
specials, or disc ontinued items).  Items typically discounted on a percentage basis include a 
manufacturer’s product line, greeting cards, magazines, or books.  
 
- “PLU” items.  This includes both regular and sale priced items offered in the produce, bakery, 
or bulk food depa rtments and over scales at the direct sale counters.  For direct service 
departments (e.g., produce, deli, specialty meats, etc.), select products at random (include some 
sale or special prices) and enter the code in the scale [NOTE 1, page 214208 ] to veri fy that the coded 
price matches the advertised price [NOTE 2, page  214208 ]. 
 
- “Store -coded” items.  This includes items offered in the produce, bakery, or meat department s 
that have labels with the UP C symbol generated by scales and printers in the store.  For store -
coded items, scan the item and determine if the total price and identity on the label are accurately read by the point -of-sale system.  When checking “store- coded” items from the meat 
or ot her departments, remember that a “UPC  symbol” on a random weight label is read by a 
scanner to obtain the total price and identity.  The price is not stored in the point- of-sale 
database.  
 
- “Other” items.  This category is included to provide flexibility in selecting a sample so that 
“seasonal” items, or products unique to the store or local market, can be included.  Both regular and sale -priced items can be included in this category.  
 
NOTE  1:  Some scales or point -of-sale systems do not display or record the unit price associated with 
the PLU unless weight is on the scale.  For these devices, a 1 lb (or 1 kg) standard is placed on the scale 
load- receiving element.  Some systems automatically deduct tare, so make sure this does not affect the 
price indication . 
 NOTE  2:  When a not -on-file item is found, another item is selected at random to replace it in the 
sample.  A “not -on-file” item is not an error unless you determine (e.g., by conducting a test purchase or 
by asking the check -out clerk to determine the price of the item using the store’s customary procedures) 
that the price “charged” for the item is incorrect.  If the price determined is not correct, the error is 
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Figure 6.  
 
Figure 7.  
 
Identify the item on an inspection report (e.g., record a brief description, item number, shelf, or 
advertised price and aisle location.  The aisle location makes it easy to find the product if errors are found 
and to re -shelve the items).  As items are selected, use the “Price Verification Tally Sheet ,” or other 
means, to keep track of the number of items collected.  (See Section  14. Model Forms for Price 
Verification Inspections .  The “Model Price Verification Reports ” in this proposal were developed with 
the assumption that it is only necessary to record information of items found with price errors, not all 
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 items verified.  This reduces paperwork and saves time.)  Either use a hand- held scanning device or take 
the items to a cash register, verify the prices by scanning the items or entering a PLU code into the 
register and printing a receipt.  The prices “charged” at the register are then compared to the advertised 
price of each item.  For l arge or perishable items, record the identity, U PC Code, location, and  price and 
manually enter the U PC number into the register to verify the price.  However, this method is subject to 
recording and key entry errors.  
 
Evaluation of Results on First -Stage.  
 
See Section  9. Evaluation and Inspection Results  for guidance on which errors are considered violations:  
One error in a 50- item sample is permitted.  If not more than one error is found and verified, the store 
passes; if 3  items are found in error in the first 50  items, the store fails and the inspection is complete.  
 If two errors are found, collect 50 more items using the randomized sampling procedures and verify a 
total of 100  items.  If errors were found in any specific merchandise group (or groups ) of items (e.g., 
direct -store -delivery items, PLU codes, or specials), the additional 50  items should include items from 
those merchandise groups.  
 
Accuracy.  
 
Refer to Column 4 in Table  1. Samples, Sample Collection, and Accuracy Requirements .  The requir ed 
accuracy is 98  % on the 100- item sample (that is, at most two errors are permitted on a 100 -item sample).  
If more than two errors are found and verified, the store does not meet the accuracy requirement.  
 NOTE:   The “randomized” and “stratified” sample  collection procedures in this section are intended 
for use in routine inspections to determine how a store is maintaining price accuracy on all of the items it offers for sale.  If you use these sampling procedures in routine inspections and uncover a significant number of errors in a particular merchandise group (e.g., a significant number of the pricing errors are 
found with “advertised sale item” items), a randomized sample can be collected entirely within this 
specific merchandise group.  For example, if the error rate for “advertised specials” is higher than the 
rate for regular priced items, a more focused inquiry to determine if there is a significant error rate in 
this merchandise group may be justified.  If several “advertised specials” have been t he subject of 
consumer complaints, or if they are repeatedly found to be in error during routine inspections, then a randomized sample can be limited to the “advertised specials” merchandise group.  In this case, a 
randomized sample (e.g., a 50/100 item tw o-stage approach) is taken from all of the “advertised sale 
items” offered for sale in the store or in a specific “area.”  The results of this sample are applicable only 
to the “advertised specials” group and not to all items in the store.  
 
7.4.  Procedures for Test Purchases, Investigation of Consumer Complaints, and for Verification of 
Manually Entered Prices . 
 
7.4.1.  Procedure.  – This procedure may be used to (1)  investigate consumer complaints, (2)  determine if a 
store has  corrected a pricing error after being notified that an error occurred, or (3)  determine if manually 
keyed -in prices or PLU codes are accurate.  
 
NOTE:   When verifying manual price entries, store management is typically not notified of the test until the 
items have been totaled and the transaction completed.  
 
(a) Do not alert the clerk to the fact that the test purchase procedure is being conducted.  Do not ask 
questions concerning any errors that you observe or offer any information if asked the price of an item, in cases where the item price is illegible, or where the item is not on file.  
 
(b) Use the “randomized” sampling procedures to select a sample of 10 to 50  items that includes regular 
and sale priced items, PLU items, and advertised specials from various “ar eas.”  It is acceptable to Examination Procedure for Price Verification  Handbook 130 –  20152016  
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 purchase only one or just a few items if you are investigating a complaint on a specific item.  Record 
the name and identity of the product, as well as the labeled or advertised price, for each item.  
 
(c) Proceed through a check -out as if you were a customer and pay for the purchase.  Obtain the original 
sales receipt, and compare the price charged with the labeled or advertised price for each item.  
Record the time of day, lane number, and the identity of the checker.  Before leaving the store, 
determine if any errors have occurred.  Identify yourself and inform the store management that a test 
purchase was conducted,  and report the results.  (In many instances, the store will credit back all of 
the items and refund the test purchase money.)  Record the information on the test report form and 
determine the cause of the error (e.g., operator error, mislabeling, or incorrect price sign).  
 
7.4.2.  Alternative Procedure -  Consumer Complaints.  – Complaints can be investigated by using any of 
the test procedures described above or by verifying only the price of the item or items subject to the 
complaint.  If the complaint is valid, you can limit your inspection to the items described in the complaint or 
you may conduct a complete inspection.  
 7.4.3.   Evaluation of Results.  – The errors for items verified using these procedures should be evaluated 
according to Sections  9. Evaluation of Inspection Results and  10. Accuracy Requirements .  
Section 8.  Documentation of Findings  
 Several examples of Model Price Verification Reports  are contained in pages 219  to 224.  These forms were 
developed so that you only have to record the items found with price errors.  
 
(a) Record errors and provide information on the cause, if determined.  Indicate if the errors are considered to be violations, if stop -sale orders were issued, or if the violation was corrected.  
 
(b) Notices of violations or other significant comments (e.g., warnings or violations ordered corrected) 
should always be included on the test form.  
 
(c) Cash register receipts on verified items should be retained and attached to the inspection report as 
evidence.  
 
(d) Printed advertisements and sales flyers should be retained and attached to the inspection report when 
errors are fou nd in these categories.  
Section 9.  Evaluation of Inspection Results  
 
9.1.  Definition of Errors.  – An error found to result from any of the following causes should not be considered a 
violation for enforcement purposes:  
 
(a) An intentional undercharge if documentation or confirmation of the date and time of the price change is 
provided at the time of the inspection.  
 
(b) An error caused by a mistake made in any kind of advertisement (e.g., newspaper, printed brochure, or 
radio or television advertisement) if the s tore has placed a notice adjacent to the item indicating that a 
mistake occurred in the advertisement.  
 
(c) An error obviously caused by a price label that is missing or that has fallen off the shelf, or the item or 
the price label or sign has obviously been r elocated by an unauthorized person.  
 
(d) A “not -on-file” item is not an error unless you determine that the price “charged” for the item is incorrect 
(e.g., by conducting a test purchase or by asking the check- out clerk to determine the price of the item 
using  the store’s documented or customary procedures.  If the price determined is incorrect, it is 
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NOTE :  It is recommended that you work with the store representative to identify the cause of any error and note 
the problem/cause on the r eport.  This may not change your findings , but will help to identify problems related to 
staff errors, failure to follow through on established store pricing procedures, data entry errors, or failure of management to provide correct written data, etc.  The  supporting information will help with enforcement 
decisions as well as in -house monitoring of product pricing.  
 
9.2.  Computing Sample Errors.  – The following formulas are used to determine sample error and the 
overcharge to undercharge ratio:  
 
(a) Adjust the  total sample by subtracting any items or errors specified in  9.1. Definition of Errors . 
 
(b) To compute the sample error, divide the number of errors by the total sample size to obtain the error in 
percent.  
 
 For example:  a sample of 100  items is verified; 3  overcharges and 1 undercharge are found for a total of 
4 errors:  
 
4 ÷ 100 = 4 % sample error.  
 
(c) To compute the ratio of overcharges to undercharges (used on large samples and in follow -up activities), 
total the overcharges/undercharges and compare the numb ers: 
 
3 overcharges/1 undercharge = a 3 to 1 ratio.  
Section 10.  Accuracy Requirements  
 
10.1.  Accuracy Requirements.  – Accuracy information, based on a percentage of errors found in a sample and 
the ratio of overcharges to undercharges, constitutes useful criteria for evaluating the “pricing integrity” of the 
store.  Both overcharges and undercharges should be considere d as errors in taking lower level enforcement 
actions since (1)  either type of error misrepresents the price of the item; and (2)  the occurrence of any error in a 
randomized sample may indicate poor pricing practices that would result in errors where addit ional items were 
sampled.  For higher levels of enforcement only overcharges are considered.  
 10.2.  Accuracy.  – The accuracy requirement for a sample must be 98 % or higher to “pass” a single inspection.  
See Column  4, Accuracy Requirements, in Table  1. Samples, Sample Collection, and Accuracy Requirements . 
 10.3.  Ratio of Overcharges to Undercharges.  – With large sample sizes, overcharges should not exceed the 
undercharges.  A high rate of overcharges to undercharges (2 to 1, or 3 to 1) may indicate syst ematic problems 
with a store’s pricing practices.  
 
NOTE :  As the history of store compliance develops, the number of overcharges and undercharges may be 
evaluated to determine if systematic errors or other problems exist.  This ratio should be maintained w hen at least 
10 errors are found over several inspections, or in a single large sample size (e.g., the results of several 100- item 
inspections collected over a period of time or if 1000 items are sampled in one inspection.)  
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NOTE:   Random pricing errors are to be expected, but the ratio of overcharges to undercharges will rarely be 
exactly 1  to 1 (e.g., of 10  errors, 5  overcharges and 5 undercharges); the ratio will likely vary both ways over 
several inspections.  If a store has more overcharges than undercharges (e.g., 2 to 1, or 3  to 1), it may indicate 
that the store is not following good pricing practices, but enough errors must be present in order to make this determination.  (Consider the example of 12 pricing errors consistin g of 8 overcharges and 4 undercharges:  the 
ratio of overcharges to undercharges is 2 to 1.  Similarly, 10  pricing errors consisting of 6 overcharges and 
4 undercharges correspond to a ratio of 1.5 to 1; since all decimal values are truncated to whole numbers, 1.5 is 
truncated to 1, and the ratio becomes 1 to 1.) 
 
The one -to-one ratio should be applied to any sample size if at least 10 errors are present.  For example, if 
1000 items are verified and 10 items are found in error, the sample has an accuracy of  99 %.  However, if 9 of the 
10 errors are overcharges (i.e., a ratio of 9 overcharges to 1  undercharge), the store should be considered to have 
poor pricing practices or other problems; if 100 items are verified and a 90 % accuracy is found, 10 items in 
error not meeting the overcharge to undercharge ratio can be used in enforcement action as evidence of poor 
pricing practices.  
Section 11.  Enforcement Procedures  
 
11.1.  Enforcement Steps.  
 
(a) Compliance is based on the accuracy found on a sample collected ac cording to this procedure.  
 
(b) Errors should be corrected immediately, or if the correction cannot be made immediately, a stop -sale 
order shall be issued before you leave the business.  If the errors are not corrected in your presence, a Table 2. Price Errors  
(This t able shows the percentage of errors in different sample sizes)  
Percentage of Errors  
Sample Size  
No. of  
Errors  25 50 100 150 200 300 
1   4 %  2 %  1 % 0.67 % 0.50 % 0.33 % 
2   8 %  4 %  2 % 1.33 % 1.00 % 0.67 % 
3 12 %  6 %  3 % 2.00 % 1.50 % 1.00 % 
4 16 %  8 % 4 % 2.67 % 2.00 % 1.33 % 
5 20 % 10 %  5 % 3.33 % 2.50 % 1.67 % 
6 24 % 12 %  6 % 4.00 % 3.00 % 2.00 % 
7 28 % 14 %  7 % 4.67 % 3.50 % 2.33 % 
8 32 % 16 %  8 % 5.33 % 4.00 % 2.67 % 
9 36 % 18 %  9 % 6.00 % 4.50 % 3.00 % 
10 40 % 20 % 10 % 6.67 % 5.00 % 3.33 %  Handbook 130 –  20152016  Examination Procedure for Price Verification  
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 follow -up inspection may be made later in the day or the following day to ensure the store has corrected 
the error.  If a store fails to correct the error by that time, higher level enforcement action should be 
taken.  
 
(c) Enforcement action for large monetary errors on individual  items, confirmed overcharges on items 
verified in response to complaints, or errors found on follow -up inspection of items ordered corrected, 
should be taken independently from any sample, giving consideration to the magnitude of the violation, 
corrective  action by the establishment, and any other relevant information.  Action may be initiated at 
any time in the inspection process based on the facts of the individual case.  
 
(d) Overcharges and undercharges are used to determine lower levels of enforcement acti ons, but higher 
levels of enforcement action (e.g., fines or penalties) are taken only on the overcharges found in the 
sample.  
(Amended 2001)  
 
NOTE:   Many computer systems do not allow for the immediate correction of errors in the database.  
Downloading information throughout the day may not be possible.  Therefore, for the purposes of this section, 
“immediate” correction of errors may entail the removal or correction of problem signs, manually changing 
marked prices, or communicating notice of the correcte d price to all applicable stores through facsimile, e -mail, 
or any other appropriate medium to ensure that consumers are charged the correct price.  
 
11.2.  Model Enforcement Levels.  
 
These recommendations do not modify the enforcement policy of any jurisdi ction unless adopted by that 
jurisdiction.  
 
(a) Ninety -Eight Percent or Higher.  – If price accuracy is 98  % or higher on a sample of 50 or more items, 
and if overcharges do not exceed undercharges on sample sizes of 100 or more items, and the store is on 
a nor mal inspection frequency:  
 
(1) a notice of noncompliance is issued on violations, and the store is maintained on a normal inspection 
frequency ; or 
 
(2) if the store is on increased inspection frequency, it remains on this frequency until inspection results 
conform  to Terms of Increased Inspection Frequency.  
 
(b) Less Than Ninety -Eight  Percent . – If price accuracy is less than 98  % on a sample of 50 or more items 
and if overcharges do not exceed undercharges on large sample sizes, and the store is on normal 
inspection frequency:  
 
(1) A notice of noncompliance is issued and the store is placed on an increased inspection frequency.  
 
(2) A second inspection should be conducted within 30 business days.  If the price accuracy then is not 
98 % or higher, a warning is issued.  
 
(3) A third inspection should be made within 60 business days.  If the price accuracy is again less than 
98 %, higher level enforcement action should be taken.  
(Amended 2001)  
 
If the store is on increased inspection frequency, a warning should be issued and the store re -inspected within 
30 business days.  If price accuracy is less than 98 %, higher levels of enforcement action should be taken.  
(Amended 2001)  
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 Examples :  
  
For the 100- item sample size :  
 
• If 100 items are verified and three  overcharges are found in the sample, the error rate is 3 %.  In this 
example, higher levels of enforcement action should be taken.  
 
• If 100 items are verified and three  overcharges and two  undercharges are found, the error rate on the 
sample is 5  %, but overcharges are 3 %.  In this example, higher levels of enforcement action should 
be taken.  
 
• If 100  items are verified and two overcharges and three  undercharges are found, the error rate is still 
5 %, but overcharges are only 2  % of the sample.  In this example, a lower level enforcement action 
would be taken.  
 
(c) Terms of Increased Inspection Frequency . – When a store is on increased inspection frequency, it shall 
remain at that frequency until two consecutive inspections reveal an accuracy of 98 % or higher.  
 
(d) Higher Levels of Enforcement Action . – Overcharges and undercharges are used to determine lower  
levels of enforcement actions, but higher levels of enforcement action (e.g., fines or penalties) are taken 
only on overcharges.  A store’s history of error rates, the time it takes a store to correct the errors, the 
difference in inaccuracy rates found between “regular” and “sale” priced items, the ratio of overcharges to 
undercharges, a record of valid consumer complaints, and the magnitude of the error(s) may be used to support enforcement action.  
Section 12.  Post -Inspection Tasks  
 
(a) You should meet with  the store representative to review your findings.  Have the inspection report 
completed prior to the meeting and be prepared to briefly summarize your findings and recommended actions, and provide a copy to the store representative.  
 
(b) Return borrowed safet y, sanitation, and/or test equipment.  
 
(c) If you removed items from display, ensure that the items are returned to their proper location on the store 
shelves unless the representative requests to have the items returned by a store employee, which is 
permitted.  
 
(d) Advise the representative of your findings.  Explain any violations and errors.  Explain any orders issued and be sure the individual acknowledges understanding of what corrective action is expected, if any.  
 
(e) If necessary, describe the implicat ions of the inspection results and advise the store of the action that you 
intend to take.  If an increased inspection frequency is called for due to the accuracy level found during the 
inspection, advise the firm that re -inspections will be made, but do not indicate when they may occur.  
Section 13.  Supervisory Activities  
 13.1.  Baseline Surveys.  – Price verification programs  require management support so that the program’s objectives 
and desired benefits can be incorporat ed into the enforcement agency’s work plans and budget.  Surveys to measure 
pre- and post -implementation accuracy should be used to establish a base from which to measure whether a 
cost/benefit has been obtained.  
 13.2.  Follow -up Inspections.  – Inspection s that reveal errors exceeding the accuracy requirements recommended 
above must include follow -up action to ensure that the store fulfills it s obligations regarding accurate prices.  
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 13.3.  Management Information Systems.  – To ensure adequate control and f ollow -up, a database should be 
established in each jurisdiction to provide information on every store, including:  
 
For stores:  
• store name  
• address  
• telephone  
• type of store  
• frequency of inspection  
• sample size  
• accuracy  
• number of overcharges  
• dollar value of overcharges  
• number of undercharges  
• dollar value of undercharges  
• average money value of undercharges  
• ratio of overcharges to undercharges  
 For program review:  
• total number of undercharges  
• total dollar value of undercharges  
• average dollar value of undercharges  
• percent undercharges of total  
• ratio of overcharges to undercharges  
• total error in percent  
• accuracy levels of stores  
• store type  
• total stores tested  
• total stores tested (each type)  
• total items tested  
• total number of overcharges  
• total dollar value of overc harges  
• average dollar value of overcharges  
• percent of overcharges of total  
 
Section 14.  Model Forms for Price Verification Inspections  
 
These models can be used to develop formal report forms, or they can be copied and used as worksheets for 
conducting inspections:  
 
(a) Sample Tally Sheets:   These forms can help you keep track of the number of items verified.  They provide 
spaces to record the item’s display location (e.g., aisle or department), a description of the item , and the 
shelf or advertised price.  The worksheets are set up for the stratified sample collection described above to help identify the types of products to select.  
 
(1) Price Verification Tally Sheet – Food Stores.  (Se e page  223220 .) 
 
(2) Price Verification Tally Sheet – Department Stores.  (See page  224221.) 
 
(b) Model Inspection Form  I:  This can be used to document violations and record findings.  A completed 
sample is provided.  
 
(1) Price Verification Report  I – sample blank form.  (See page  225222.) 
 
(2) Price Verification Report  I – completed sample form.  (See page 226223.) 
 
(c) Model Inspection Form  II:  This can be used in store s where a hand -held scanning device is not available, 
or when it is inconvenient to take items (e.g., a large ladder in a hardware store) to a check- out register to 
verify the price.  You can record an identity, the UPC or PLU code, and advertised price so that you can 
manually enter the codes to verify the price.  The form can also be used to record findings.  A completed sample is provided.  
 
(1) Price Verification Report  II – sample blank form.  (See page  227224.) 
  
(2) Price Veri fication Report  II – completed sample form.  (See page 228225.) 
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Agency No. 209.02  
  
Price Verification Tally Sheet – Food  Stores  
“End of Aisle”  
or 
“Tie -In Display”   Item  Location   UPC/Ident ity  Shelf Price  
1.  1.  1.  1.   
2.  2.  2.  2.   
3.  3.  3.  3.   
4.  4.  4.  4.   
5.  5.  5.  5.            
“PLU or Coded”  
Items  6.  6.  6.  6.   
7.  7.  7.  7.   
8.  8.  8.  8.   
9.  9.  9.  9.   
10.  10.  10.  10.   
         
“Advertised 
Sales”  
Items  11.  11.  11.  11.   
12.  12.  12.  12.   
13.  13.  13.  13.   
14.  14.  14.  14.   
15.  15.  15.  15.   
16.  16.  16.  16.   
17.  17.  17.  17.   
18.  18.  18.  18.   
19.  19.  19.  19.   
20.  20.  20.  20.   
         
Items on  
“Special”  21.  21.  21.  21.   
22.  22.  22.  22.   
23.  23.  23.  23.   
24.  24.  24.  24.   
25.  25.  25.  25.            
“Direct Store 
Delivery”  
Items  26.  26.  26.  26.   
27.  27.  27.  27.   
28.  28.  28.  28.   
29.  29.  29.  29.   
30.  30.  30.  30.   
         
“Randomly 
Selected”  
Items  31.  31.  31.  31.   
32.  32.  32.  32.   
33.  33.  33.  33.   
34.  34.  34.  34.   
35.  35.  35.  35.   
36.  36.  36.  36.   
37.  37.  37.  37.   
38.  38.  38.  38.   
39.  39.  39.  39.   
40.  40.  40.  40.   
41.  41.  41.  41.   
42.  42.  42.  42.   
43.  43.  43.  43.   
44.  44.  44.  44.   
45.  45.  45.  45.   
46.  46.  46.  46.   
47.  47.  47.  47.   
48.  48.  48.  48.   
49.  49.  49.  49.   
50.  50.  50.  50.   
          
  Handbook 130 –  20152016  Examination Procedure for Price Verification  
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Agency No. 209.02  
 
 Price Verification Tally Sheet – Department Stores  
“End of Aisle” or  
“Tie -In Display”   Identity   Location   Advertised   
1.  1.  1.   
2.  2.  2.   
3.  3.  3.   
4.  4.  4.   
5.  5.  5.          
“Advertised Sale  
Items ” 6.  6.  6.   
7.  7.  7.   
8.  8.  8.   
9.  9.  9.   
10.  10.  10.   
11.  11.  11.   
12.  12.  12.   
13.  13.  13.   
14.  14.  14.   
15.  15.  15.          
Items on  
“Special”  16.  16.  16.   
17.  17.  17.   
18.  18.  18.   
19.  19.  19.   
20.  20.  20.   
21.  21.  21.   
22.  22.  22.   
23.  23.  23.   
24.  24.  24.   
25.  25.  25.          
“Randomly Selected”  
Items  26.  26.  26.   
27.  27.  27.   
28.  28.  28.   
29.  29.  29.   
30.  30.  30.   
31.  31.  31.   
32.  32.  32.   
33.  33.  33.   
34.  34.  34.   
35.  35.  35.   
36.  36.  36.   
37.  37.  37.   
38.  38.  38.   
39.  39.  39.   
40.  40.  40.   
41.  41.  41.   
42.  42.  42.   
43.  43.  43.   
44.  44.  44.   
45.  45.  45.   
46.  46.  46.   
47.  47.  47.   
48.  48.  48.   
49.  49.  49.   
50.  50.  50.   Examination Procedure for Price Verification  Handbook 130 –  20152016  
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Agency No. 209.02  
          Handbook 130 –  20152016  Examination Procedure for Price Verification  
 Markup Copy  
Agency No. 209.02  
 
 Price Verification Report I  
Page ___ of ___ 
Inspection:  [ ] 1st  [ ] 2nd [ ] 3rd Frequency:   [ ] Normal [ ] Increased   Type:  [ ] Stratified [ ]  Automated [ ] Randomized  Complaint:  [ ]  
Location of Test (Store Name, Address, County, ZIP 
Code):  Date:  Telephone:  
 Manager:  Type of Store:  
Identity, Brand Name, Item or 
Style Number  Number of Items, Size, Location in Store, or  
UPC  Code  Offered 
Price  Price  
Charged Error (±)  
 1. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 2. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 3. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 4. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 5. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 6. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 7. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 8. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 
Inspection Results:  
_____ (Sample Count) - _____ (#Not on File) = _____ (Adjusted Sample Count [ASC])  
_____ (#Errors) ÷ _____ (ASC) =_____ (Error Percentage)  
(Accuracy Percentage) = _____  %  Overcharges/Undercharges Ratio = _____:_____  
Inspector Name:  __________________________________  Report Acknowledgement:  
Time In:  __________ ______    Time Out:  __________ _____     Name/Title:  __________________________________  
Comments/Remarks:  _______________________________  Comments/Remarks:  ___________________________  
_________________________________________________ ____________________________________________  Examination Procedure for Price Verification  Handbook 130 –  20152016  
Markup Copy  
Agency No. 209.02  
 Price Verification Report I (completed sample)  
Page _1_ of _1_ 
Inspection:  [√]1st  [ ] 2nd [ ] 3rd Frequency:   [√] Normal [ ] Increased  Type:  [√] Stratified [ ] Automated [ ] Randomized  Complaint:  [ ]  
Location of Test (Store Name, Address, County, ZIP 
Code)  
Barkers Food Store  Date:  Telephone:  
Belle, New Jersey  31756  Manager:  Type of Store:  
Identity, Brand Name, Item or 
Style Number  Number of Items, Size, Location in Store, or  
UPC  Code  Offered 
Price  Price 
Charged Error (±)  
 1. Smith Cake Mix  
 32 oz. 313461346177  3.19 4.19 +1.00  
[ ] Stop Sale Issued [√] 
Corrected  Comments:  Sale sign not removed  
 2. Natural Fruit Juice  
 1 Liter 617369345619  2.25 2.75 +.50 
[ ] Stop Sale Issued [√] 
Corrected  Comments:  
 3. Clocks Soap  
 8oz. 936125376558  1.19 1.00 -.19 
[ ] Stop Sale Issued [√] 
Corrected  Comments:  
 4. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 5. 
     
[ ] Stop Sale Issued [ ]  
Corrected  Comments:  
 6. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
 7. 
     
[ ] Stop Sale Issued [ ]  
Corrected  Comments:  
 8. 
     
[ ] Stop Sale Issued [ ] 
Corrected  Comments:  
Inspection Results:  
  100   (Sample Count) -    0    (#Not on File) =   100   (Adjusted Sample Count [ASC])  
      3   (#Errors) ÷   100   (ASC) =      3   (Error Percentage)  
(Accuracy Percentage) =     97   %  Overcharges/Undercharges Ratio =      2  :      1      
Inspector Name:  __ T. Price _________________________ _ Report Acknowledgement:  
Time In:     8:15        Time Out :   9:30   Name/Title:  Chris Barker _________________________  
Comments/Remarks: _______________________________ __ Comments/Remarks:  ____________________________  
   Handbook 130 –  20152016  Examination Procedure for Price Verification  
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Agency No. 209.02  
 
 Price Verification Report II  
Page ___ of ___ 
Inspection:   [ ] 1st  [ ] 2nd [ ] 3rd   Frequency:   [ ] Normal [ ] Increased          Complaint :  [ ] 
Location of Test (Name, Address, County, ZIP 
Code)  Date:  Telephone:  
Manager:  Type of Store:  
 
Item/Size or Style Number  Offered  
Price  Price  
Charged Price  
Error (±)    
Item/Brand/Description/Code/
Size Offered  
Price  Price  
Charged Price  
Error (±)  
1.  Identity:      11.  Identity:     
     UPC /PLU:             UPC /PLU:     
     Comments:             Comments:     
 2.  Identity:      12.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 3.  Identity:     13.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 4.  Identity:      14.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 5.  Identity:      15.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 6.  Identity:      16.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 7.  Identity:      17.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 8.  Identity:      18.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:            Comments:     
 9.  Identity:      19.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
10.  Identity:      20.  Identity:     
       UPC /PLU:             UPC /PLU:     
       Comments:             Comments:     
Inspection Results:  
_____ (Sample Count) - _____ (#Not on File) = _____ (Adjusted Sample Count [ASC])     Stop -Sale Order Issued?  [ ] 
_____ (#Errors) ÷ _____ (ASC) =_____ (Error Percentage)  
(Accuracy Percentage) = _____ %   Overcharges/Undercharges Ratio = _____:_____  
Inspector Name:  __________________________________ _ Report Acknowledgement:  
Time In:           Time Out:     Name/Title:   
Comments/Remarks:    Comments/Remarks:    
  Examination Procedure for Price Verification  Handbook 130 –  20152016  
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Agency No. 209.02  
 Price Verification Report II (completed sample)  
Page _1_ of _1_ 
Inspection:   [√] 1st [ ] 2nd [ ] 3rd   Frequency:   [√] Normal [ ] Increased         Complaint :  [ ] 
Location of Test (Name, Address, County, ZIP 
Code)  
Mark Downtown Department Store  
11650 Main St.  
Alice, MN  61619  Date:  
3/16/95  Telephone:  
(614) 555- 6146  
Manager:  
Jim Chester  Type of Store:  
Department Store  
 
Item/Size or Style Number  Offered  
Price  Price  
Charged  Price  
Error (±)    
Item/Brand/Description/Code
/Size  Offered  
Price  Price  
Charged Price  
Error (±)  
1.  Identity:   Sony Color TV      11.  Identity:     
     UPC /PLU:  38569             UPC /PLU:     
     Comments:  Model 6136X  189.00  199.00  +10.00          Comments:     
 2.  Identity:  Moore Lawn Mower      12.  Identity:     
      UPC /PLU:  31619             UPC /PLU:     
      Comments:  Shp with bagger  96.00  91.00  -5.00         Comments:     
 3.  Identity:  Taft Rake      13.  Identity:     
      UPC /PLU:  39916             UPC /PLU:     
      Comments:  Not on file  8.99           Comments:     
 4.  Identity:  Calendar      14.  Identity:     
      UPC /PLU:  615191             UPC /PLU:     
      Comments:  5.50 7.10 +1.60          Comments:     
 5.  Identity:      15.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 6.  Identity:      16.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 7.  Identity:      17.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
 8.  Identity:      18.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:            Comments:     
 9.  Identity:      19.  Identity:     
      UPC /PLU:             UPC /PLU:     
      Comments:             Comments:     
10.  Identity:      20.  Identity:     
       UPC /PLU:             UPC /PLU:     
       Comments:             Comments:     
Inspection Results:     50  (Sample Count) -      1   (#Not on File) =      49   (Adjusted Sample Count [ASC])        
Stop-Sale Order Issued?  [ ] 
      3  (#Errors) ÷      49   (ASC) =       6   (Error Percentage)  
(Accuracy Percentage) =      94   %  Overcharges/Undercharges Ratio =    2  :   1      
Inspector Name:  __Tim Marlowe _____________________ _ 
Time In:    10:25 AM _______  Time Out :      4:45 PM _____ ___          Report Acknowledgement:  
Name/Title:  _ Jim Chester, Manager ___________________ _ 
Comments/Remarks:  _______________________________ _ Comments/Remarks:  ______________________________ __ 
  
  Handbook 130 –  20152016  Examination Procedure for Price Verification  
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Agency No. 209.02  
 
  
 
 
 
 
 
 
  
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
THIS PAGE INTENTIONALLY LEFT BLANKNCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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Agency No. 209.02  
 NCWM Policy, I nterpretations , and Guidelines  
 
Introduction  
 
This section of the handbook includes NCWM interpretations, policies, recommendations, inspection outlines, and 
information on issues that have come before the Conference.  Several sections include information on federal requirements related to the uniform law s and regulations presented in the handbook.  The purpose of this section is 
to assist users in understanding and applying the uniform regulations and to guide administrators in implementing 
new programs or procedures.  The guidelines or recommendations pr ovided should not be construed to redefine any 
state or local law or limit any jurisdiction from enforcing any law, regulation, or procedure (unless the section 
describes a specific federal regulation that preempts local requirements).  
(Added 1997)  
2.1.1.  Weight(s) and/or Measure(s) . 
(L&R, 1985, p. 77)  
 The measuring elements of a point- of-sale system are “weights and/or measures.”  Errors in pricing when found in 
point -of-sale systems come under “Misrepresentation of Pricing” in the weights and measures l aw and are under the 
jurisdiction of weights and measures.  
 
Background  
 
A recommendation was made to change the definition of “weights and measures” in the Uniform Weights and Measures Law to specifically define a scanner or point -of-sale system as under w eights and measures jurisdiction.  
 Several state representatives said that they had enforcement problems when a scanner or point -of-sale system was 
being used and when the price marked on an item (or on the shelf) was not the same as the price printed on t he 
receipt.  These officials believe that unless the law specifically defines these devices as “weights and measures,” they have no jurisdiction over the devices’ function.  
 
The Committee disagreed.  The NCWM Uniform Weights and Measures Law has a section that forbids the practice 
of a different price on the retail shelf as compared with the price provided by a scanner.  Section 15 of the Uniform 
Weights and Measures Law reads:  
 
No person shall misrepresent the price of any commodity or service sold, offere d, exposed, or advertised for 
sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.  
 
This section (plus Section  14 forbidding misrepresentation of quantity), if enacted by a state, already provides 
enforcement authority over scanners and point -of-sale systems.  
 In addition, the Committee does not want to set a precedent by listing by name the types of devices that might be 
considered weights and measures devices.  This might  provide a potential “loop- hole” for those devices not 
specifically listed.  Finally, the Committee members pointed out that it is the human element (the person reading in 
data or receiving price updates) that introduces the discrepancies in shelf and rece ipt prices rather than any inherent 
incapability of the reading device or scanner.  Therefore, it is much more effective to forbid the practice of mispricing rather than focus on a single device or apparatus as the means for obtaining compliance.  
  Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 Agency No. 209.02  
 2.1.2.  Section  19(a), Identity . 
(L&R Committee, 1986, p.  143) 
 
Packaged food not containing meat or poultry  does not have to have an identity statement if the identity of the 
commodity can easily be id entified through the wrapper or container.  
 
Background  
 
Virginia Weights and Measures recommended revision to Section 19(a) of the Uniform Weights and Measures Law 
(UWML) to eliminate the exemption of an identity  statement from packages when the item “can easily be identified 
through the wrapper or container.”  The Committee is of the opinion that there is merit in retaining the language in 
Section  19(a) of the Uniform Law.  Packages of fresh product packaged in a  retail establishment are considered to 
be packages as long as a price is attached.  If the exemption were eliminated, such packages instead of being 
marked, for example, “12/89 cents” would have to be marked “lemons, 12/89 cents.”  It was argued that ther e could 
be a problem in deciding whether or not a commodity could “easily be identified” (such as might occur in an ethnic 
specialty grocery or with an exotic produce item).  In researching the issue, the Committee has determined that 
Title  21, Section 101.100(b)(3) of the Code of Federal Regulations specifically exempts the food identity statement 
from having to appear “.  . . if the common or usual name of the food is clearly revealed by its appearance.”  Since no 
specific problems of enforcement were brou ght to the attention of the Committee concerning this issue, the 
Committee recommends no change to Section  19(a) at this time.  However, the Committee recommends that 
Section  3.1. and 4. of the Uniform Packaging and Labeling Regulation be noted as follows:  
 
Section  19(a) of the Uniform Weights and Measures Law, and 21 CFR  101.100(b)  (3) for non- meat and 
non-poultry  foods, specifically exempt packages from identity statements if the identity of the commodity 
“can easily be identified through the wrapper or container.”  
2.1.3.  Definition of Net Weight . 
(L&R, 1987, p. 123)  
 
1. It is the intent of this definition to include truck -loads of commodities, not just packages (“containers”).  
 
2. It is not the intent to define the net weight of packaged go ods as requiring dry tare (“.  . . excluding .  . . 
substance(s) not considered to be part of the commodity” could just as well be interpreted as excluding 
liquids not considered part of the commodity at the time of sale).  
 
3. It is also the intent to permit more specific definitions as the occasion warrants (“. . . material(s) .  . . not 
considered .  . . part of the commodity” might include dirt or “foreign material” in a commodity).  
2.1.4.  Offenses and Penalties, Sale of an Incorrect Device.  
(L&R, 1987, p. 124)  
 
A jurisdiction seeking to enforce the provision of the Uniform Weights and Measures Law that prohibits the sale of 
an incorrect device would have to show that the seller knowingly sold or offered for sale for use in commerce an incorrect weight or me asure.  Under Section  22, a seller would not be responsible for actions taken by the purchaser 
or distributor, in which the seller did not participate or have prior knowledge.  Thus, the seller would not be liable:  
 
(1) if a purchaser or distributor modifi ed a scale obtained from a seller; or  
 
(2) if a scale were used in trade after the seller informed the purchaser that the scale was not appropriate for 
that use.  
 
In cases such as those noted above, the Committee feels that the seller would be protected fr om prosecution.  Only 
sellers who knowingly violate the provision would be subject to prosecution.  NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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Agency No. 209.02  
 2.1.5.  Weight:  Primary Mill Paper . 
(L&R, 1990, p. 81)  
 
Interpretation  
 
Non-consumer sales of “primary mill paper” were discovered by weights and measures o fficials to be labeled and 
invoiced on what was called a “gross weight”  basis.  Primary mill paper is produced for commercial or industrial 
companies for  subsequent additional processing, such as paper for newspaper or magazine publishers or sanitary 
tissue manufacturers.  The primary mill paper is cut from “parent rolls” but is still a commercial- sized item weighing 
from several hundred to several thousands of pounds.  
 
The key to understanding the longstanding trade practice is that the purchaser of such paper specifies not only the quality of the paper being purchased, such as the thickness, surface coating, etc., but the purchaser also specifies the 
core around which the paper is to be wound, the type of overwrap, the number of overwraps, and such other 
requirements that will ensure receipt of the primary mill paper in proper condition for subsequent processing.  The 
weight of the core and wrapping is approximately 1  % of the gross weight.  It is recycled by the purchasers in their 
own or other paper recovery or reuse systems.  
 
Having reviewed the practices in the industry in the specification and purchasing of primary mill paper, the 
Committee concludes t hat the true product is the paper plus the packaging (in order to assure maintenance of 
quality) and an appropriate core (to ensure a fit on the recipient’s equipment).  Therefore, in the Committee’s 
opinion, the sale of primary mill paper is not at all on  a gross weight basis.  This is and has been a misnomer.  The 
true identity of the purchased product has been misunderstood by weights and measures authorities, further 
compounded by the industry use of the term “gross weight.”  The product is the primary mill paper plus the core and 
overwrap specified by the purchaser.  
 
The Committee, therefore, believes that the industry should review its invoicing and labeling to clarify that the 
weight of the specified product is the weight of the primary mill paper, core, and overwrap.  Although this weight is 
the gross weight of the entire item as produced and shipped, it is the net weight  of the item as specified by the 
purchaser.  
 This interpretation applies only to primary mill paper and is not intended to be applied to all non- consumer products 
ordered by specification; it is a narrow interpretation applying to the specific method of sale  in this trade where the 
service of packaging and the packaging is part of the purchase.  
 
2.2.1.  Gift Packages . 
(Resol. 1975, p. 237)  
 
See also Interpretation 2.2.8.  
 
Interpretation  
 
Seasonal gift packages are often put up in retail stores in baskets and other decorative containers  using cellophane or 
other clear flexible wrap to enclose a number of similar or dissimilar prepackaged items (for example:  cheese, jellies, sausages, wine, fruit, etc.).  The resulting combinatio n or variety package must have a legally conforming 
label including the net contents statement.  
 
2.2.2.  Sand . 
(L&R, 1978, p. 151)  
 
Interpretation  
 
Sand put up in permanent wooden bins is a consumer package and must b e labeled with all mandatory information 
as required by the Uniform Packaging and Labeling Regulation.  
  Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 Agency No. 209.02  
 Background  
 
The State of Hawaii raised the issue of the sale of sand in permanent wooden bins and sold by price per cubic 
measure.  The Committee agrees  with Hawaii that the sale of sand in this manner is subject to the Uniform 
Packaging and Labeling Regulation, under the definition of “Consumer Package” (Section 2.2. of the Uniform 
Packaging and Labeling Regulation) and that no further action is needed.  
2.2.3.  Sold by 4/5 Bushel . 
(L&R, 1974, p. 220)   
 
Interpretation  
 
The trade practice of crating citrus fruit in 4/5 bushel units is a long- standing one.  It is not intended to be a consumer 
package.  If offered as a consumer  package, the general consumer usage and trade custom in the particular state 
would have to be explored:  
 
Section  6.10.(b)(1) of the Uniform Packaging and Labeling Regulation would permit a declaration employing 
different fractions in the net quantity declaration other than those permitted under Section 6.10.(b) if there exists a 
firmly established practice of  using 4/5 bushel in consumer sales and trade custom.  
 
Background  
 
It has been called to the attention of the Committee that certain commodities are being sold to consumers in 
“unacceptable” fractional units of dry measure in violation of Section 6.10. of the Uniform Packaging and Labeling 
Regulation.  Specifically, the Committee has been asked for an interpretation as to whether the packaging of oranges in a 
4/5 bushel, which is later sold unweighed to a consumer, is a violation of the binary submultiple p rinciple as 
implied in Section  6.10.(b).  Some Committee members asserted that a clear exception exists under 
Section  6.10.(b)(1) which applies to this long established tradition of crating citrus fruit in 4/5 of a bushel.  
Approximately 85 % of this fruit  is sold by this trade practice.  Additionally, it was asserted that the packager never 
intended the 4/5 bushel to be a consumer package, but if the 4/5 bushel of citrus fruit is sold to consumers, this would 
be a matter between the appropriate state or local official and the retailer.  
 
The consensus of the Committee is that this action of the packagers is not in violation of the indicated section.  
2.2.5.  Lot, Shipment, or Delivery.  
(L&R, 1981, p. 95)  
 
Policy  
 
The requirements for the average package net  contents to meet or exceed the labeled declaration may be applied to 
production lots, shipments, or deliveries .  Shipments or deliveries are smaller collections of packages than 
production lots that may or ma y not consist of mixed lot codes.  
 Emphasis in inspection activities should be placed on warehouse and in plant testing without neglecting retail 
consumer protection.  
 
Background  
 
The Committee heard a petition from the California Brewers Association to de fine a lot as: 
 
…a selection of containers under one roof produced by a single company of the same size, type and style, 
manufactured or packed under similar conditions with a minimum number to be equivalent to one production line shift.  
 NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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Agency No. 209.02  
 The intention of the petition is to focus Weights and Measures enforcement on production lots as opposed to small 
collections of packages on retail shelves, because the production lot is under the control of the packager.  
 
An alternative proposal was made that would require mingling of lot and date codes in package inspection at 
warehouse locations.  
 
The Committee has reviewed the proposals in light of Section  7.6. and Section 12.1. of the Uniform Packaging and 
Labeling Regulation which refers to “shipment, delivery, or lot.”  If the petition is approved, the terms “shipment” 
and “delivery” would have to be dropped from this Uniform Regulation.  
 
The Committee recognizes the inherent value of in- plant and warehouse inspection and is of the opinion that, 
wherever possibl e, such inspections should be carried out.  At the same time, the Committee recognizes the need for 
the state and local weights and measures officials to protect the consumer at the level where the ultimate sale is made.  Therefore, the Committee recommend s no change to the Uniform Regulation.  
 
The Committee looks forward to the work of the Special Study Group on Enforcement Uniformity of the NCWM 
which will be exploring the mechanisms that might be instituted to make in -plant inspection workable.  
2.2.6.  A erosols and Similar Pressurized Containers . 
(L&R, 1976, p. 248)  
 
See also Guideline 2.2.7.  
 
Interpretation  
 
It is the opinion of the NCWM that an FDA opinion as expressed in the Fair Packaging and Labeling Act Manual Guide FDA 7563.7, not objecting to volume declarations on aerosol  products, does not supersede or preempt state 
requirements that aerosols  be labeled by net weight.  
 
Background  
 
The Department of Commerce through the Office of Weights and Measures of the National Institute of Standards 
and Technology, under its statutory responsibility for “cooperation with the states in securing uniformity in weights 
and measures laws and methods of inspection,” developed Section 10.3.  
 
10.3.   Aerosols and Similar Pressurized Containers.  – The declaration of quantity on an aerosol  
package and on a similar pressurized package shall disclose the net quantity of the commodity (including 
propellant), in terms of weight, that will be expelled when the instructions for use as shown on the 
container are followed.  
 Several states, which are among the 32 that have adopted the Uniform Packaging and Labeling Regulation, indicated that pressurized c ans were currently being marked by volume rather than by weight as required above.  Industry 
representatives indicated that according to the FDA, they are permitted to mark this type of container by volume and 
that for competitive purposes they will continue to do so.  The NCWM was asked to contact FDA and inform them 
that a declaration of volume on pressurized containers  is not acceptable to the states since it cannot be verified.  
 
A meeting was requested to express NIST/NCWM’s  concern over the FDA position on quantity of contents 
declarations on aerosols , which is found in the Fair Packaging and Labeling Act (FPLA) Manual Guide 
FDA  7563.7.  This Guide states that in the past, the FDA has not objected to the use of  units of volume to declare 
the net contents of aerosol  preparations that would be liquid if not combined with the propellant and a net weight 
statement in avoirdupois  units for products that would be solids  if not combined with a propellant.  The FDA was 
asked to modify its position to provide that existing state regulations (concerning aerosol  quantity of contents 
declarations) are not superseded by FDA Guidelines.  FDA officials stated that the FDA would consider the request, but it did not appear at the time of the Interim Meetings that the FDA would make any statement to modify its position without following its administrative procedures and permitting interested parties to exhaust every ele ment 
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One industry representative stated that there has been a good deal of concern that fluorocarbon propellants may in 
the long run cause the partial destruction of the ozone layer in the upper atmosphere surrounding the earth, and that 
the diminution of the ozone layer would have adverse effects on human health.  Therefore, they have converted to 
new formulations which eliminate fluorocarbon propellants.  As a result of this conversion to a non- fluorocarbon 
propellant system, which uses a propellant with a much lower density than that of the usual fluorocarbon 
propellants, continued use of a weight measure would be highly misleading to the consumer.  Therefore, some spray labels have been changed so as to denote the contents in terms of f luid measure, rather than in terms of weight 
measure.  
 The industry representative stated that if manufacturers were to be required to use weight measure, consumers would be deceived into buying products, such as hair spray, with large amounts of fluorocar bon that vaporizes before it 
reaches the hair.  Consumers prefer products with a large amount of base.  Industry further indicated that they wanted to avoid a confrontation with the states over this issue and believe that the matter can readily be resolved without the need for litigation.  Although the use of fluid measure on the principal panel will give consumers the 
most helpful information at the point of purchase, the industry would have no objection to putting the net weight on 
the back of the label.  
 
The Committee wants to commend FDA for their interest in this matter and the manufacturers who seek to improve their product and its labeling information.  The Committee is also encouraged to work with all interested parties to resolve this issue.  Howeve r, the Committee does not believe that mere guidelines can preempt a Uniform 
Regulation developed under the technical authority of the federal agency delegated by Congress and adopted by the states through its representatives, no matter how broad the preem ptive clause of an act might be.  Additionally, the 
Committee cannot support open and notorious violations of state regulations where those violations occurred prior to bringing the issue before the Conference.  Therefore, the Committee believes that NCWM should support a firm 
stand by the states that their regulations must be respected.  
 
2.2.7.  Aerosol Packaged Products . 
(Liaison, 1979, p. 239)  
 
See also Guideline 2.2.6.  
 
Policy  
 
The NCWM recommends all aerosol  packages be labeled by net weight.  FDA permits volume declarations.  The 
NCWM has requested the FDA to change its regulations and revise its interpretation of these regulations.  
 
Substance of Petition  
 
The NCWM petitions the FDA to make the necessary cha nges to their regulations and interpretation of 
21 CFR  101.105(g) as appearing in the FDA Fair Packaging and Labeling Manual Guide, 7563.7 pertaining to the 
quantity of contents declaration on aerosol  packaged products.  It is requested that the net quantity statement on 
aerosol  packaged products or similar pressurized packages be made in terms of net weight only.  The reasons for 
recommending such changes are as follows:  
 
1. Net quantity labeling of aerosol  package d products in terms of net weight is a firmly established trade 
practice for such products.  
 2. Net quantity labeling of aerosol  packaged products in terms of volume is difficult (if not impossible) to 
verify with consumer verification method s or by conventional package inspection methods.  State or local 
enforcement action is discouraged by such labeling.  
 
3. Since the labeling of aerosol  packaged products by volume cannot be compared with the labeling of such 
products in terms of net weight, labeling in terms of volume and weight inhibits value comparisons and 
causes consumer confusion with respect to the quantity of product the consumer is buying and can be a 
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4. Uniformity between all state and fede ral regulations is highly desirable for both enforcement and fair 
competition in the marketplace.  The Uniform Packaging and Labeling Regulation and the FTC and EPA  
Regulations require net quantity labeling of aerosol  packaged products in ter ms of net weight.  
2.2.8.  Variety and Combination Packages . 
(L&R, 1982, p. 149)  
 See also Guideline 2.2.1.  
 Interpretation  
 
(a) Seasonal gift packages are “variety packages” within the meaning of the Uniform Packaging and Labeling 
Regulation if they contain “reasonably similar commodities” (such as various fruits).  They are “combination packages” if they contain “dissimilar commodities” (such as wine, fresh fruit, and jellies ).  
Variety package labels must declare the total quantity in the package.  Combination package labels must 
declare a quantity declaration for each portion of dissimilar commodities.  
 
(b) The example provided with Section  10.6., Variety Packages, of the Uniform Packaging and Labeling 
Regulation, shows a total quantity declaration and individual declaration for each type of commodity.  The individual declaration is not required but is encouraged.  
 Background  
 
The Committee reviewed Section  10.5 and Section  10.6 of the Model Packaging and Labeling Regulation in order to 
determine the need for further clarification.  Several questions have arisen over the years with respect to:  
 
(1) What are the net contents labeling requirements for seasonal gift packages composed of varying types of commodities or goods all combined into one package?  
 
(2) Is the example provided in Section  10.6. entirely in keeping with the declaration requirements?  (This 
section requires that total net contents be declared, but the example shows both total and individual net 
contents.)  
 
The Committee believes that there is no need to modify these sections, but the discussions below may serve as 
guidance to enforcement officials and packagers on these sections.  
 Concerning labeling re quirements for seasonal gift packages, it must first be determined what the individual units 
comprising each package are.  The following examples are possibilities:  
 
(a) individual packages of sausage, individual packages of cheese;  
 (b) several kinds of f ruit of different weights;  and 
 
(c) several kinds of fruit, bottle of wine, several packages of cheese.  
 
Examples (a) and (c) above are combination packages and should be labeled with net quantities of each unit or type 
of unit.  It is  possible to combine fruit net weight (or count if appropriate) as one declaration, cheese net weight as a 
second declaration, etc.  
 
Example (b) above is a variety package and must be labeled with the total net weight or count (as appropriate) of 
fruit in the package.  It is also reasonable for packagers to include, for full consumer information, a declaration of 
the individual net contents of each type of package or item in the gift package although this latter declaration is not 
required (e.g., 1  lb bananas, 3  pears).  This is also the key to the second question asked above concerning the 
example provided in Section  10.6.; that is, although a declaration of individual item net contents is not required, 
packagers are encouraged to provide additional informa tion wherever useful to the consumer.   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 2.2.9.  Textile  Products . 
(L&R, 1977, p. 215)  
 
Interpretation  
 
(a) When a range of widths (e.g., 58/60) appears on the label of bolts or rolls for yard goods, enforcement action should be taken whenever the action widt h falls below the lesser of the two widths given as the range 
(in the example above, when the fabric width is less than 58 in). 
 
(b) Section  10.9.3.  Textiles:  Variations from Declared Dimensions of the Uniform Packaging and Labeling 
Regulation is not to b e interpreted as providing tolerances.  The average requirement must be met.  The 
average quantity of contents of a lot, shipment, or delivery must equal or exceed the declared dimensions.  
Dimensions of individual packages of textiles may vary as much as Section  10.9.3. permits, but the average 
requirement must still be met.  
 Background  
 The State of California and the American Textile Manufacturers Institute asked the NCWM Laws and Regulations 
Committee and the National Institute of Standards and Technology to assist in the resolution of two textile -product 
issues.  In the first issue California asks for help in correcting a short measure condition, apparently a nationwide 
problem, which has been found in the packaging and labeling of textile yard goods put up on bolts or rolls.  
 The problem is outlined as follows:  
 
1. Approximate width measurements are being used by some manufacturers in their label declarations.  
 
Example :   
58/60 in (inch) width  
 2. Label declarations are false and misleading in that actual amounts are less than the quantity represented on the label.  
 
3. Section  10.9.3. of the Uniform Packaging and Labeling Regulation is extremely vague as to its intent and 
true meaning.  Are the substantial variations (3  % and 6 %); (6  % and 12 %) per mitted as product 
tolerances, or are they maximum unreasonable minus and plus errors to be allowed when sampling the 
product for quantity when using Handbook 67? 
 
California favors the repeal or clarification of Section  10.9.3. and sug gests amending Section  10.9.2.(k) to read:  
 
The quantity statement for packages of textile yard goods packaged on the bolt or roll for either wholesale 
or retail shall state its net measure in terms of yards for the length and width of the item, or its net  weight 
in terms of avoirdupois  pounds or ounces, or in terms of their metric equivalent.  
 
During the Interim Meetings, a representative of the American Textile Manufacturers Institute (ATMI) informed 
committee members th at the proposal to identify the width of yard goods with a single measurement (as opposed to 
a range) would be given serious consideration by their members, after which a recommendation will be finalized and 
submitted to the Laws and Regulations Committee.  
 
After the Interim Meetings, the National Home Sewing Association said that if a single width declaration is 
required, the following could result:  
 
(a) No change in manufacturing process would be effectuated; only the size declaration on bolts would be 
changed.  
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 (b) Short measure problems could be created because consumers would look for the fabric to be exactly the 
stated width.  Because the manufacturing processes were not changed, the width is actually the same as it 
was with the range declaration.  
 (c) Increased cost to manufacturers would result.  One loom is used for many different fibers now; a single width declaration could create a need for many looms for each of the different fibers, thereby imposing 
“pass -along” costs to consumers.  
 
(d) Consumer deception would be fostered in that a single declaration implies actual measurement.  
 California officials state that roll or bolt fabric should be labeled accurately with a single declaration.  Additionally, they believe that industry does have enough shr inkage data on fibers used in the manufacturing processes, and thus 
could provide accurate measurement declaration on finished fabrics or materials.  
 The Committee believes that accurate quantity information should be provided on consumer products; however, no 
labeling changes should be required until patterns and yard goods are marketed in metric units.  At that time, all 
measures shall be singularly stated (eliminating dual numbers) and, until that time, any products where size 
declaration is a ran ge and found to be less than the smaller of the range declaration shall be subject to enforcement 
action.  For example, a product marked “58 to 60 in” and found to be less than 58 inches should be considered to be 
in violation of weights and measures laws and/or regulations.  
 
Additionally, the Committee affirms that the intent of the Variations from Declared Dimensions permitted in 
Section  10.9.3. in no way eliminates the requirement that quantity declarations for textiles must, on the average, not 
be less than declared declarations.  
2.2.10.  Yarn . 
(L&R, 1983, p. 153)  
 
Interpretation  
 
The appropriate net contents declaration for yarn is weight.  
 
Background  
 
A consumer has requested that the net quantity statement for yarn be changed from weight to length.  The proposal 
is based on the consumers’ use of the product, darker colors often weigh more per unit of length.  Therefore, they 
found that a lighter color yarn will “go farther” in craft applications than a darker yarn; consumers indicate that it is diffic ult to predict how much yarn of varying colors to purchase based on a weight declaration.  The Committee is 
sympathetic to the request but must support existing labeling requirements for several reasons.  
 Yarn, by nature, is extremely stretchy; in order to  label yarn by length, a specified tension would have to be applied 
in order to make any repeatable length measurement.  Such a tension would have to be agreed upon by all the yarn manufacturers, and they would have to apply to compliance testing of produc t by weights and measures officials.  
Even if this tension “standard” were negotiated and decided upon, it would have little real meaning in use by needle 
crafters , knitters, and others.  The tension applied to yarn in use varies from user to user and from  application to 
application; therefore, the length also varies.  Not only does dyeing yarn change the weight, dyeing also changes the 
length of yarn.  For these reasons, industry representatives also support the requirements as they presently are 
written in the Uniform Packaging and Labeling Regulation.  
 
The Committee recognizes the difficulty of working with this product and suggests that users of yarn consider 
buying an excess of the yarn over what is expected to be used in any application.  The consumers  should find out 
before purchase if, after finishing the product, they can return the unopened skeins to the retailers from whom the 
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 2.2.11.  Tint Base Paint . 
(L&R, 1986, p. 146)  
 
Section  11.23. of the Uniform Packaging and Labeling Regulation currently permits tint base paints (paints to which 
colorant must be added prior to sale) to be labeled in terms of the volume (a quart or gallon) that will be delivered to 
the purchaser after addition of the colorant only if three conditions ar e met:  
 
1. “the system employed ensures that the purchaser always obtains a quart or a gallon” ; 
 
2.  “a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented 
on the principal display panel ;” and 
 
3.  “the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the 
label.”  
 
2.2.12.  Reference Temperature for Refrigerated Products:  When a Product is Required to be Maintained under Refrigeration . 
(L&R, 1990, p. 86)  
 
Background  
 
Section  6.5.(b) was revised to clarify that the reference temperature of 4.4 ºC (40  ºF) applies only to products that 
must be refrigerated to maintain product quality, rather than to items , such as carbonated soft drinks, that are 
refrigerated for the purchaser’s convenience.  
 
Guideline  
 
The Committee also discussed how an inspector could decide whether a product under refrigeration is required to be 
maintained under refrigeration.  The fol lowing guidelines are provided: 
 
1. The traditional food items that normally require refrigeration and are found in refrigerated cases will not ordinarily have any statement about requiring refrigeration.  These items include milk, orange juice, and 
simila r products.  They may be tested at any temperature at, above or below their reference temperature of 
40 ºF (4  ºC) because such products are at their maximum density at their reference temperature, and the 
volume of such products will always increase at hig her or lower temperatures.  Thus any errors made by 
not measuring at the exact reference temperature will be in the favor of the packer.  
 
2. Food items that normally require refrigeration, but which are processed so as not to require refrigeration 
prior to  opening, will have “refrigerate after opening” or similar wording on the label.  Such items as milk 
and orange juice can be found in this category as well as in the “refrigeration required” category.  The two 
categories can be distinguished by the “refrig erate after opening” statement, which calls for testing at or 
above their reference temperature of 68  ºF (20  ºC). 
 
3. Food items that are not expected to require refrigeration, but which may be refrigerated for the convenience 
of the consumer (such as carb onated beverages), are to be tested at temperatures of 68  ºF (20  ºC) or above 
even when found refrigerated for the convenience of the consumer.  
2.2.13.  Declaration of Identity: Consumer Package (UPLR) and 1.5.1. in Combination with Other Foods (UMSCR) . 
(L&R, 1990, p. 93)  
 
Background  
 
Many food products are made by the retail store and labeled with names that may or may not have standards of 
identity or standards of composition in federal regulation or policy (for example, chicken cordon bleu).  Weights and NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 measures officials need to know which names have standards of identity that must be followed in formulating the 
product and, therefore, in providing the ingredient statement.  
 
Food Standards  
 
The U.S. Department of Agriculture’s Food Safety and Inspection Service  (USDA - FSIS) and the U.S. Department 
of Health and Human Services’ FDA share the responsibility of assuring truthful and accurate information on 
product labels. USDA  - FSIS has responsibility for the development and application of the labeling re quirements 
applicable to meat and poultry products  containing more than 3  % fresh meat or at least 2  % cooked poultry  meat.  
FDA oversees the labeling of most other food products.  
 
USDA Standards of Identity and Composition  
 
USDA has statutory authority to establish standards of identity for meat and poultry products.  A standard of identity 
prescribes a manner of preparation and the ingredients of a product that is labeled with a particular name.  A food that bears the name of a standardized food that does not satisfy the requirements of the applicable standard is 
misbranded.   Examples of standardized products include:  “Ham,” “Ham Water Added,” “Hot Dogs,” “Chicken and 
Noodles,” and “Spaghetti Sauce with Meatballs.”  
 Almost all stand ards enforced by FSIS are called “standards of composition.”  These standards identify the 
minimum amount of meat or poultry required in a product’s recipe.  For example, the standard of composition for 
“beef a la king” states that, if a product carries th is name on its label, at least 20 % cooked beef must be used in the 
recipe.  
 
But standards of composition do not prevent a manufacturer from increasing the meat or poultry content or adding 
other ingredients to increase a product’s appeal.  For instance, a  processor has the option of using more than the 
required amount of beef in beef a la king and adding other ingredients to make the product unique .  A listing of meat 
and poultry content and labeling requirement including terms that are further defined can be found in the USDA 
FSIS Food Standards and Labeling Policy book which is available at 
http:// www.fsis.usda.gov/OPPDE/larc/Policies/Labeling_Policy_book_082005.p df. 
 
Label Approval  
 
Food manufacturers are responsible for compliance with the FSIS labeling rules and adherence to the process 
maintained by FSIS for the evaluation and approval of meat and poultry product labels. This Guide provides the 
basic informatio n necessary to devise a label for meat and poultry products and to understand the regulatory process 
administered by FSIS.  A Guide to Federal Food Labeling Requirements for Meat and Poultry Products (2007) URL 
is located at 
www.fsis.usda.gov/PDF/Labeling_Requirements_Guide.pdf . 
2.2.14.  Typewriter and Computer Printer Ribbons and Tapes . 
(L&R, 1991)  
Interpretation  
 
Typewriter and computer printer ribbons must be labeled by length.  In addition, character yield information may be 
disclosed on the principal display  panel.  
 
Background  
 
Packages of typewriter and computer printer ribbons and tapes have been found in the marketplace with no 
declaration of quantity of any kind.  There is information on the package about the type of machine the ribbon or 
tape is designed  to fit, but this is not a declaration of quantity.  Purchasers have been misled as a result of the failure 
of some manufacturers to disclose the length; ribbons designated for a particular machine may be sold at a low price, but with substantially less le ngth than ribbons ordinarily produced for the machine.  
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 2.3.1.  Instant Concentrated Products . 
(L&R, 1977, p. 219)  
 
Interpretation  
 No additional net contents information (other than weight) is required for instant coffee , tea, and cocoa.  
 
Background  
 
It was proposed that certain products, such as instant coffee, tea, and cocoa, should have a dual statem ent of weight 
including the number of cups (e.g., makes ten 6 oz cups).  
 
The National Coffee Association of U.S.A., Inc., offered the following comments:  
 
1. The number of servings of instant coffee will depend upon the size of the cup involved and the taste of the 
individual consumer.  
 
2. The size of a cup will vary widely, ranging from a small “demitasse” cup to a large coffee mug.  
 3. The taste of the individual consumer defies definition because it will vary as widely as the number of individuals considered.  Ma rket research shows many like it “strong and black” and others prefer it “mild 
and thin.”  
 4. Any statement placed on a container of instant coffee that represents that the consumer will be able to obtain a specified number of servings would be arbitrary, confusing and, in a very sense, deceptive.  
 
5. In view of the foregoing, any such requirements that the number of servings be listed on a container of 
instant coffee might expose the manufacturer to complaints from consumers that it was engaging in an 
unfair and deceptive practice.  
 
Other issues that the Committee discussed included the authority to require precise directions (rather than, for 
example, 2  to 3 heaping teaspoons) and the issues of product variability and uniform enforcement.  
 
2.3.2.  Fresh Fruits a nd Vegetables . 
(L&R, 1979, p. 176; 1980; 1982, p. 152; 2008)  
 Guideline  
 
Recognizing the difficulty faced by consumers when more than one method of sale is employed in the same outlet 
for the same product, non -comparable  methods of sale (e.g., weight and measure) for the same produce item in the 
same outlet should be minimized.  
 
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 do  not fit into 
any of the gener al 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. 
(Amended  2008)  
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 Method of Retail Sale for Fresh Fruits and Vegetables  
Specific Commodity  
 
 
Commodity    
Weight    
Count  Head 
or 
Bunch  Dry 
Measure 
(any size)  Dry Measure 
(1 dry qt or 
larger)  
Artichokes   X X    
Asparagus  X  X   
Avocados   X    
Bananas  X X    
Beans (green, yellow, etc.)  X    X 
Brussels Sprouts (loose)  X     
Brussels Sprouts (on stalk)    X   
Cherries  X   X X 
Coconuts  X X    
Corn on the Cob   X   X 
Dates  X     
Eggplant  X X    
Figs X     
Grapes  X     
Melons (cut in pieces)  X     
Mushrooms (small)  X   X X 
Mushrooms ( portobello, large)  X X    
Okra  X     
Peas X    X 
Peppers (bell and other varieties)  X X   X 
Pineapples  X X    
Rhubarb  X  X   
Tomatoes (except cherry/grape)  X X   X 
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 Method of Retail Sale for Fresh Fruits and Vegetables  
General Commodity Groups  
Commodity   
  
Weight     
Count   
Head  
or 
Bunch   
Dry 
Measure  
(any size)  Dry 
Measure 
(1 dry qt or 
larger)  
Berries and Cherry/Grape Tomatoes  X   X  
Citrus Fruits (oranges, grapefruits, lemons , etc.)  X X   X 
Edible Bulbs (onions  [spring or green] , garlic, 
leeks, etc.)   X X X  X 
Edible Tubers (Irish potatoes, sweet potatoes, 
ginger, horseradish, etc.)   X    X 
Flower Vegetables (broccoli, cauliflower, brussel  
sprouts, etc.)  X  X   
Gourd Vegetables (cucumbers, squash, melons, 
etc.)  X X   X 
Leaf Vegetables (lettuce, cabbage, celery, etc.)  X  X   
Leaf Vegetables (parsley, herbs, loose greens)  X  X X  
Pitted Fruits (peaches, plums, prunes, etc.)  X X   X 
Pome  Fruits ( apples , pears , mangoes , etc.)  X X   X 
Root  Vegetables  (turnips , carrots , radishes , etc.)   X  X   
 
2.3.3.  Cardboard Cartons .  
(L&R, 1974, p. 223)  
 
Guidelines and Interpretations  
 
Cardboard cartons   should be sold by their dimensions.  Identification numbers used in the trade do not correspond 
to these dimensions and could tend to mislead the uninformed purchaser (although there is no actual unit such as 
inches ass ociated with the identification numbers).  Sales or catalogue literature will have to be investigated to 
determine whether there is sufficient information upon which to make a purchasing decision.  
 
Background  
 
Copies of letters received by the New York Bur eau of Weights and Measures regarding cardboard containers  were 
forwarded to the Committee.  These letters highlight the confusion that exists when these containers are sold to new businessmen by an identity number which is often mistaken for the size of the box.  For example, a 30 x× 4 
identification number refers to a box whose actual size is 27 x× 3 inches.  It was suggested that a new section be 
added to the Method of Sale of Commodities Regulation so that these containers can be sold on a basis that will provide more accurate information.  
 An important argument in support of adding a new section is that small businessmen just getting started need as 
much assistance as can be provided  in order to survive and grow.  
 
An argument opposing this change is that a table, similar to Table  1. of Section  2.9. (Softwood Lumber) of the 
Uniform Method of Sale  Regulation, could be printed showing the relationship betw een identity and size; this would 
not solve the problem.  
 It is the consensus of the Committee that these containers should be sold by actual size.  The Committee does not believe, however, that every trade practice must be controlled through the Uniform L aws and Regulations.  This is NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 particularly true where the item does not directly concern the retail consumer.  The Committee, therefore, 
recommends that the appropriate trade associations be contacted and asked to correct this practice on a voluntary 
basis . 
2.3.4.  Catalyst Beads . 
(L&R, 1981, p. 100)  
 
Guideline and Interpretation 
 
The proper method of sale  of catalyst beads used in automobile exhaust systems is by volume.  It is appropriate for 
the quantity declaration to be supplemented by part number or other description of the specific converter for which 
the package of catalyst beads is intended.  
 
Backg round  
 
A communication from the General Motors Corporation AC Spark Plug Division was forwarded to the Committee 
which proposes discontinuing the labeling of their catalyst beads by weight.  When the catalyst becomes 
contaminated by leaded gasoline or prol onged use, the catalytic converter in the exhaust system of recent GM cars 
and trucks (running on unleaded gasoline) must be emptied of its catalyst beads and be refilled by volume with 
replacement catalyst beads in order to meet emission standards.  The b eads are used by volume (to fill a catalytic 
converter), are hygroscopic, and vary in core material density.  Therefore, packages of beads meeting a net weight 
label require an additional one -third pound (on the average) over the packages labeled by volume , cost about $7.50 
more per package, and the additional weight of beads will be discarded in actual use.  
2.3.5.  Incense . 
(L&R, 1978, p. 151)  
 
Interpretation  
 
Incense labeled by count is fully informative and sufficient.  
 
Background  
 
The State of Oregon ra ised the issue of proper quantity declarations for the sale of incense.  The question is what, if 
any, information other than count, such as weight or volume or length, is necessary for an adequate description on packages of incense.  The Committee is of t he opinion that a statement of count as defined in Section  6.4.1(c) of the 
Uniform Packaging and Labeling Regulation is fully informative and is sufficient in this case.  
2.3.6.  Sea Shells . 
(L&R, 1976, p. 223)  
 
Guideline  
 
Sea shells shall be sold by count and weight for packages of 50 sea shells or less and by volume and weight for 
packages containing more than 50 sea shells.  
2.3.7.  Tire Tread  Rubber Products . 
(L&R, 1976, p. 233)  
 
Guideline  
 
Tire tread rubber products shall be sold by net weight.  The poly ethylene film protective backing shall be part of the 
product and included in the net weight.  The core is part of the tare and must be deducted from the gross weight to 
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 2.3.8.  Wiper  Blades . 
(L&R, 1979, p. 182)  
 
Interpretation  
 
There is a trade custom of labeling automobile wiper blades by the length of the metal backing or vertebra, not the 
length of the blade.  This is an acceptable method of sale  and net contents declaratio n. 
 
Background  
 
The Committee received a request from a manufacturer of automobile wiper blades that had a problem with one 
state concerning the measurement of length as labeled on their packages.  The state felt that the proper designation should be the length of the blade itself; the manufacturer said that traditionally the industry measured the length of 
the metal backing or vertebra.  
 
The Committee, after some discussion, determined that since there was no intent to mislead customers, the 
traditional m easurement of the metal backing or vertebra was acceptable.  
2.3.9.  Fireplace Logs . 
(L&R, 1975, p. 174)  
 
Interpretation  
 
Time of burning is not an appropriate quantity declaration for fireplace logs.  (Section 2.4.3. of the Uniform Method 
of Sale  of Commodities requires single logs to be sold by weight, or if packaged and less than 4 ft
3, weight plus 
count.)  
 
Background  
 
The enforceability of quantity declarations using time as the basis of measurement for commodities, including packaged commodities, must be considered carefully if equity in the marketplace is to be achieved.  The Committee 
wants to stress to those who have submitted time declaration questions that the enforceability factor should not 
override consumer protection a nd uniformity considerations.  Based on the above criteria, the Committee 
recommends that the Conference take the position that time is not an appropriate quantity declaration for fireplace 
logs.  
2.3.11.  Packaged Foods or Cosmetics Sold from Vending Machi nes. 
(L&R, 1982, p. 152)  
 
Interpretation  
 
Packaged foods and cosmetics sold from vending machines must be labeled the same as similar items not sold in 
vending machines, including identity, responsibility, net content s, and ingredient declaration, except that 
Section  3.3. of the Uniform Regulation for the Method of Sale  of Commodities permits identity and net contents to 
be posted on the machine in lieu of appearing on the package.  
 
Background  
 
As part of its review of the Uniform Regulation for the Method of Sale  of Commodities, the FDA recommended 
adding a statement to Section  3.3. that packaged foods and cosmetics sold in vending m achines must in general be 
labeled in accordance with requirements for similar articles not sold in vending machines (e.g., ingredient 
declaration requirements) .  The Committee recommends that this information be made a guideline rather than 
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 2.3.12.  Movie Films, Tapes, Cassettes . 
(L&R, 1975, p. 174)  
 
Guideline  
 
Movie film may be sold by linear measure.  Magnetic tapes and cassettes may  be sold by either linear measure or 
playing time.  
 
Background  
 
The enforceability of quantity declarations using time as the basis of measurement for commodities, including 
packaged commodities, must be carefully considered to achieve equity in the marketplace.  The Committee wants to stress to those who have submitted time declaration questions that the enforceability factor should not override 
consumer protection and uniformity considerations.  The committee further recommends that the states follo w FTC 
guidelines in requiring lineal measure for the sale of movie films and permit either linear measure or playing time 
for magnetic tapes and cassettes.  
2.3.13.  Vegetable Oil . 
(L&R, 1983, p. 208)  
 
Guideline and Interpretation 
 
Packaged liquid vegetable  oil must be labeled by liquid volume, although net weight may also be declared.  
 
Background  
 
Packages of liquid vegetable oil are being sold for restaurant and other small food business use labeled by weight.  It 
has been brought to the attention of the C ommittee that containers  of product labeled “5 gal” look identical in 
dimensions to those labeled “35 lb” but the density of the vegetable oil is such that the 35 lb cans contain only about 
4½ gal.  The Institute o f Shortening and Edible Oils indicated that companies selling liquid vegetable oils often 
compete with those selling solid shortening, and that a net weight comparison is useful for these purposes.  Recipes 
for food products in large sizes sometimes provid e ingredient quantities by weight or volume.  
 
It is the opinion of the members of the Committee that packaged liquid vegetable oil must be labeled by liquid 
volume although a net weight may be declared in addition to the net volume statement.  
 
When a singl e manufacturer of vegetable oil packages the same oil in the same size container with two such widely 
different net quantity statements, this practice could easily be considered (a)  misleading to the customer, and 
(b) nonfunctional slack fill.  Weights and measures enforcement action should be taken.  
2.3.15.  Bulk Sales . 
(L&R Committee, 1986, p. 140)  
 
When packaged or wrapped items (such as individually wrapped candies) are sold from bulk displays by weight, the 
price must be based on the n et weight, not the weight including the individual piece wrappings.  This will require 
(1) subtracting the weight of the bag into which the customer puts the pieces plus (2)  subtracting the weight of the 
piece wrappings (the latter is a percentage of the gross weight – that is, the tare increases as the customer selects 
more of the commodity).  
 
Background  
 
Retail food stores are merchandising prepackaged commodities such as candies, pet food, snack bars, and bouillon 
cubes from bulk displays.  Some retailer s sell these products by gross weight.  Section 1.2. of the Uniform Weights 
and Measures Law reads in part:  “The term ‘weight’ as used in connection with any commodity means net weight.  . .”  Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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A workshop was held on June  20, 1986, at the U.S. Department of  Commerce, Washington, D.C., to explore the 
issues and alternatives involved in the sale of prepackaged goods from the bulk food sales areas of supermarkets.  
Representatives of the packaging, supermarket, and small grocery industries, scale and point -of-sale (POS) systems 
manufacturers, the U.S. Food and Drug Administration, weights and measures agencies, and the National Institute of 
Standards and Technology attended.  No final recommendations came from this meeting; however, the participants 
expressed an  interest in meeting again after a written report of the June  20, 1986, meeting was made available and 
before the Interim Meetings of the NCWM in January  1987.  The following issues were discussed:  
 
1. Prepackaged commodities in bulk displays are being sold on a gross weight basis.  
 
Federal regulations covering packaged goods and every state Weights and Measures Law require any sale by weight to be “net weight” (not including the weight of the wrapping materials).  In some areas of the 
nation, many items  are being sold on a gross weight basis in the supermarkets, for example, fresh fruit and 
vegetables in poly bags in the produce area.  Perhaps because of the light weight of these bags (that is, the 
minimum size of the scale division on the ordinary super market checkout scale is large with respect to the 
weight of the poly bags), low priority is given to correcting this sales practice, and a lack of uniformity in 
enforcement of the net weight requirements results.  Weights and measures officials have found tare 
amounting to over 40 % of the gross weight in prepackaged items sold from bulk; the majority of cases 
seems to range from 3  % to 12  %.  Officials see the need to “draw the line” in a sales practice that appears 
to have evolved from other practices that were not heavily monitored and corrected at their inception.  
 2. Retailers face technical and administrative problems in properly deducting tare from the gross weight.  
 
Automatic deduction of tare is preferable for large -scale retailers because of its s peed.  No equipment 
(either stand -alone scale or POS) is available at the present time that can:  (1)  subtract a percentage of the 
gross weight to represent the tare weight; or (2)  subtract a fixed tare for the bag and a percentage tare for 
the wrapper on the prepackaged item.  [Editor’s Note:  There is equipment now available that can deduct a 
tare that is a percentage of the gross weight.]  Two POS system manufacturers said that new systems with percentage tare capability could be designed, but they could  not definitely say whether retrofitting existing 
systems was possible.  They said that the ability to retrofit declined with the age of the system.  Supermarket representatives expressed concern that their in -store computer software would need 
modificatio n above and beyond the retrofitting or software redesign that might be done by the POS 
manufacturers; their software is designed around current POS software.  
 Deduction of tare in the bulk food area using a scale other than the checkout scale can be done m ore easily 
than at checkout if a POS system is being used.  A tare look- up table used in conjunction with the scale 
appears to be the only currently used method that meets the net weight requirements when packaged 
products are sold from bulk.  (The procedure is to gross weigh the product, look up the tare, subtract it from 
the gross weight, and then determine a final net weight and total price.)  
 
Each retailer will have to consider the cost of additional manpower (as the weighing and marking of the 
purchase  in the bulk food area might require), new equipment (purchasing scales or POS systems with 
percentage tare capability), or retrofit of existing equipment as compared with the value of the market share contributed by the bulk marketing of prepacked commodi ties.  However, two supermarket chain 
representatives said that they expected some growth in this type of sale (because of the customers’ perception of cleanliness of the product, for example).  
 
3. Present methods of sale and advertising are often misleadi ng. 
 
Suggestions were made that advertising on a “wrapped weight” basis would properly inform the consumer.  
However, it was pointed out that a typical purchaser does not know what “wrapped weight” is (i.e., gross weight).  Moreover, selling packaged goods  on a gross weight basis is illegal; it thwarts value comparison 
with other products sold by net weight.  
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 Bulk food sales advertising often includes claims of savings of, for example, 10 % to 20  % over a purchase 
of the same commodity in standard- pack form .  These advertising claims can be exaggerated and 
misleading if the comparisons referenced are between standard- pack commodities sold net weight and 
products sold from bulk on a gross weight basis.  
 
The possibility of advertising a net weight unit price, but actually weighing at the checkout on a gross 
weight basis (and charging at a lower gross weight unit price) was discussed.  For example, a sign could be 
posted with the following:  
 
“$1.50 per pound, net weight.  We are not able to weigh this packaged product on a net weight basis (that is, without the wrapper), and will therefore charge you $1.40 per pound including the wrapper weight at the checkout.” 
 
Everyone agreed that advertising claims and appropriate wording would have to be chosen carefully if this is to be viable.  However, those weights and measures officials present were generally opposed to this 
alternative based on the difficulty of enforcement and lack of assurance that a consumer would really 
understand explanatory signage.  
 
2.5.6.  Guide lines for NCWM Resolution of Requests for Recognition of Moisture Loss in Other Packaged 
Products . 
(Exec, 1988, p. 94)  
 
The Task Force on Commodity Requirements limited its work to only a few product categories, using these 
categories as models for addressing moisture loss.  The gray -area concept is the result of this work.  
 
Recognizing several candidates for future work in moisture loss, the Task Force recommends that the following 
guidelines for moisture loss be followed as far as possible by any i ndustry requesting consideration:  
 
1. There should be reasonable uniformity in the moisture content of the product category.  For example, since 
pet food has final moisture contents ranging from very moist to very dry, some sub categorization of pet food needs to be defined by industry before the NCWM study of the issue.  
 
2. The predominant type of moisture loss (whether into the atmosphere or into the packaging materials) must 
be specified.  
 
3. Different types of packaging might make it necessary to subcat egorize the product.  For example, pasta is 
packaged in cardboard, in polyethylene, or other packaging more impervious to moisture loss.  The 
industry should define the domain of packaging materials to be considered.  
 
4. “Real -world” data is needed on the product as found in the retail marketing chain –  not just laboratory 
moisture -loss data.  
 
5. The industry requesting consideration of moisture loss for its product should collect data on an industry -
wide basis (rather than from only one or two companies).  
 
Information concerning the relative fractions of imported and domestically produced product should be available, for example, in order to assess the feasibility of interacting with the manufacturer on specific 
problem lots.  
 
6. Moisture loss may occur eit her: 
 
 -  during manufacturing ; or 
 -  during distribution.  
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 Data will be needed to show the relative proportion of moisture loss in these different locations since 
moisture loss is permitted only under good distribution practices .  Geographical and seasonal variations 
may apply.  
 
7. A description of the processing and packaging methods in use in the industry will be of great value, as will a description of the distribution system and time for manufacturing and distribut ion.  A description of the 
existing net quantity control programs in place should be given, together with information on how compliance with Handbook 133 is obtained.  A description of maintenance and inspection procedures for 
the sca les should be provided, together with information on suitability of equipment and other 
measurements under Handbook 44. 
 8. A description of federal and local agency jurisdiction and test should be given, as well as any regulatory 
history with respect to moisture loss and short weight.  Has weights and measures enforcement generated 
the request?  What efforts have addressed the moisture loss issue prior to approaching the NCWM?  Are 
the appropriate federal agencies aware of the industry ’s request to the NCWM?  
 
9. The industry should propose the type of compliance system and/or moisture determination methodology to 
be used.  The compliance scheme, if it contains industry data components, should be susceptible to verification (examples:  U SDA net weight tests for meat; exchange of samples with millers for flour) and 
should state what the companies will do to provide data to field inspection agencies in an ongoing fashion (as the gray -area approach requires).  If in -plant testing is to be co mbined with field testing, who is to do 
such testing, and how is this to be accomplished?  It should be possible to incorporate the proposed testing scheme into Handbook 133 to be used with Category  A or B sampling plans.  
 When all the preliminary information recommended above has been collected, a field test of the proposed 
compliance scheme should be conducted by weights and measures enforcement officials to prove its viability.  
 See the plan diagrammed on the next page.  NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 Decision to Request
Characterize Product:
Imported vs Domestic
Processing and 
Packaging Systems 
used to produce     
product
Net contents and scale 
maintenance programs
Moisture content of 
product
Types of packaging 
materials used
Distribution process 
and  time involved
How moisture is lost in 
distribution:
into atmosphere
into packaging 
materialsPrioritize Requests
Is Delineation of Problem Complete?
Form Technical Work Group:
Federal Agency representation
State Weights & Measures Agency
Industry or Trade Association  
RepresentationRecommend Compliance 
Testing Scheme
HB-133 Category A or B
The "Gray-Area" Concept
Specific Test Methods
Collect Data on:
Amount of moisture in marketing chain
Suitability of compliance testing scheme for 
field use
Adopt Compliance Test Method(s)
Incorporate into HB-133Key:
I Industry or Trade Association
C NCWM L&R Committee
T Technical Work Group
W Weights & Measures Officials
N NCWM Voting Membership
F Federal AgencyPlan For NCWM Resolution of Individual Requests For Recognition of 
Moisture Loss
I
C
W
TFI
C
C
I
TIW
NNo
Yes
  
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 2.6.1.  Retail  Gas Sales and Metric Price Computations in General . 
(S&T, 1980, p. 227)  
 
Guideline  
 
The National Institute of Standards and Technology published equivalent rounded values for metric equivalents of 
U.S. customary  units should be used.  They are:  
 
3.785 411 784 liters = 1 gallon 
0.264 172 052 4 gallon = 1 liter  
 
A “Rule of Reason” should apply to the corrected value so that the value used i s consistent with the quantity of the 
transaction.  The converted value should never have fewer than four significant digits and should have at least the 
same number of significant digits as the number of significant digits in the quantity of product being  converted.  For 
example, if a 1000  gal delivery were to be converted to liters the value would be 3785 L; for 10 000 gal, 37  854 L; 
for 100 gal, 378.5 L. 
 
In the case of expressing a unit price equivalent for consumer value comparisons in retail gasoline sales, the 
following formula should be used:  (advertised, posted, or computing device unit price per liter) ×  3.785 = 
(equivalent unit price per gallon, ro unded to the nearest 1/10 cent.)  
 
Examples : 
26.9 cents per liter x× 3.785 = $1.018 per gallon 
26.8 cents per liter x× 3.785 = $1.014 per gallon 
26.7 cents per liter x× 3.785 = $1.011 per gallon 
26.5 cents per liter x× 3.785 = $1.003 per gallon 
26.4 cents per liter x× 3.785 = $0.999 per gallon 
 
This method is preferable to the alternative method of dividing the price per gallon by 3.785, which results in the 
same price per liter for three or more different prices per gallon when rounded to the 1/10 cent.  
2.6.2.  Price Posting.  
(L&R, 1981, p. 101)   
 
Guideline  
 
1. Street Signs.  
 
a. Until such time as the sale of gasoline and other Engine fuels  is predominately by metric measurement 
(liter), price per gallon information should be made readily available to all prospective customers.  
 
b. All street, roadside, and similar advertising  signs displaying product price should provide price per 
gallon information.  
 
c. Signs showing the equivalent price per liter may also be used, but their use is optional and should not employ numerals larger than the equivalent g allon price display.  
 
d. Signs should show complete dollar and cents numerals, and they should be clearly legible and of full 
size.  An exception should be granted to street signs that were designed to display only three numerals (e.g., $.899) and not four  numerals as required for prices over $1.00 per gallon (e.g., $1.259).  Until 
such signs can be replaced or modified, it would be acceptable:  
 
(1) to attach an appropriate sign extension with the decimal fraction of a cent  represen tation in 
alignment with the posted price ; 
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 (2) to include a smaller fraction of a cent representation with the last numeral of the posted price ; or 
 
(3) to add the whole number “one” before the cents values.  
 
e. The changeover to advertising prices by the  liter as a single mode of pricing should be established 
when 75 % of all retail outlets in a jurisdiction have converted their dispensers to metric measurement.  
 
2. Posting of Prices at the Dispenser.  
 
Each retail outlet s hould use exclusively only one measurement method of sale (gallon or liter).  A change 
from one method to another should be carried out for all devices dispensing motor fuels in the retail outlet.  
 
In the case of liter sales, suitable posting of per gallon and per liter prices at the device, service island, 
premises of the retail outlet, or any other locations must be in accordance with state and local laws, regulations, and ordinances, and in a manner that facilitates consumer comparisons between the per 
gallon price and the per liter price.  Additional requirements may be necessary to avoid uncertainty as to 
nomenclature, location, and size of information on signs.  
 
It is recommended that:  
 
a. Current and accurate price comparisons between gallon and liter  values be posted at the dispenser 
within easy view of the customer and visible from either side of the island.  
 
b. The sign should show equivalent quantity and price information.  
 
Examples : 
 27.1¢ per liter = $1.026 per gallon  
 3.785 liters = 1 gallon 
 c. Letters and numerals should be at least ¾  in (19 mm) in height and ⅛  in (3 mm) in width of stroke.  
 
3. Quantity and Price Display on Dispensers  
 
It is required that dispensers be designed to clearly show all required quantity and price information on the 
face(s) of a motor fuel dispenser in accordance with Handbook 44. 
 
4. Dispenser Modification Kits  
 
As an interim alternative to “half pricing,” a number of computer modification kits have been installed to modify existing retail motor fuel dispensers that were not designed to compute and indicate prices over 
99.9¢ per gallon.  
 Some of the modification kits that have been referred to state weights and measures officials for approval 
have been rejected as failing to conform to Handbook  44 requirements.  It is recommended that all 
modification kits and future modifications of dispensers be so designed and made as to be in full 
compliance with all applicable requirements of Handbook  44. 
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 2.6.3.  Octane Posting Regulations . 
(Liaison, 1979, p.  240)  
 
Guideline  
 
Weights and Measures officials should report to the FTC any instances of failure to post octane ratings by service 
stations.  These would most likely occur during routine inspections of service station gasoline dispensers.  Reports 
should be made to the appropriate FTC regional offices as listed below.  
 Background  
 
As of June  1, 1979, the FTC requires the determination of octane ratings by refiners, the certification of octane 
ratings by refiners and distributors, and the posting of octane ratings by retailers on all gasoline pumps.  The 
requirements are set forth in Public Law  95 297, the Petroleum Marketing Practices Act (PMPA), passe d in 
June 1978 and the FTC’s Octane Rule, 16.C.F.R. Part  306.  Although the octane posting rule has no effect on most 
FTC programs administered by state weights and measures officials with respect to checking gasoline dispensing 
devices for accuracy, the L iaison Committee feels that the Conference should be generally informed about the law 
and the FTC rule, if only to be prepared to answer inquiries about it or for some possible future enforcement 
demands.  Keeping apprised of developments associated with t he rule may be advisable.  In addition, it will affect 
states which have octane certification and posting programs.  
 
Regional Offices, Addresses, and Telephone Numbers:  
 
Northeast Region  
(CT, ME, MA, NH, NJ, NY, PR, RI, VT, and U.S. Virgin Islands)  
 
Federa l Trade Commission  
One Bowling Green  
New York, NY  10004 
(877) 382- 4357  East Central Region  
(DE, DC, MD, MI, OH, PA, VA, and WV)  
 
Federal Trade Commission  
1111 Superior Avenue  
Suite 200 
Cleveland, OH  44114- 2507  
(877) 382- 4357  
 Southeast Region  
(AL, FL, GA, MS, NC, SC, and TN)  
  
Federal Trade Commission  
Suite 1500 
225 Peachtree Street, NE  
Atlanta, GA  30303  
(877) 382- 4357  
Midwest Region  
(IL, IN, IA, KS, KY, NE, ND, MN, MO, SD, and WI)  
 Federal Trade Commission  
55 West Monroe Street  
Suite 1825 Chicago, IL   60603  
(877) 382- 4357  Northwest Region  
(AK, ID, MT, OR, WA, WY)  
 
 
Federal Trade Commission  
915 Second Avenue , Room 2896  
Seattle, WA  98174  
(877) 382- 4357  
 Southwest Region  
(AR, LA, NM, OK, and TX)  
 
 
Federal Trade Commission  
1999 Bryan Street  
Suite 2150 Dallas, TX  75201- 6808  
(877) 382- 4357  
Western Region  
(AZ, Northern CA, Southern CA, 
CO, HI, NV, and UT)  
 
Federal Trade Commission  
901 Market Street  
Suite 570 
San Francisco, CA  94103  
(877) 382- 4357  Western Region  
(AZ, Northern CA, Southern CA, 
CO, HI, NV,  and UT)  
 
Federal Trade Commission  
10877 Wilshire Boulevard  
Suite 700 
Los Angeles, CA  90024  
(877) 382- 4357  
  
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 The preemption section of PMPA (204) reads as follows:  
 
Section  204.  To the extent that any provision of this title applies to any act or omission, no state or any political 
subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) with respect to such act or omission, unless such provision of 
such law or regulation is the same as the applicable provision of this title.  
 Section  204 prohibits states and other political subdivisions from enforcing requirements that are not the same as the 
applicable provisions of this law.  Jurisdic tions having octane requirements should carefully review with their legal 
advisors the effect of this law.  
 The FTC’s Octane rule was published in final form on March 30, 1979, in the Federal Register (Vol.  44, No.  63, 
Part V, pp.  19160 19172).  The rule b ecame effective June 1, 1979.  
 The law requires that refiners determine octane ratings of their products, and certify them to their distributors.  The 
distributors must pass along the certification to the retailer, unless he blends the gas, in which case h e may have to 
certify his blend.  
 
A similar procedure relating to the posting of octane ratings is set forth for the retailer.  The FTC is responsible for enforcement with respect to the accuracy of the certified ratings.  The FTC is also empowered to chec k records, 
which must be retained for one year by each link in the distribution chain.  
 The FTC is in need of help from the state and local jurisdictions in the area of surveillance and testing.  Such assistance could occur at a number of levels.  Notice o f octane mislabeling and failure to post octane ratings is 
requested.  
 
Other levels of assistance would concern jurisdictions that have octane testing programs and would be interested in 
cooperating with FTC in testing or in reporting discrepancies in octane rating.  
 
For more information contact the Federal Trade Commission at 600 Pennsylvania Avenue, NW, Washington, D.C.  
20580, phone (202)  326-2222.   
2.6.4.  Multi -Tier Pricing:  Motor Fuel Deliveries (Computing Pumps or Dispensers) . 
(L&R, 1982, p. 150; L&R, 1985, p. 100) (L&R, 1988, p. 162)  
 
Policy  
 
Charging different prices for the same product depending upon the manner of payment, other purchases, amount of 
service, etc., is a management decision of the merchandiser.  Those merchants who elect to off er multiple prices for 
motor fuel must comply with the state and local weights and measure laws and regulations, including Handbook 44.  
They must also make marketing decisions that comply with state truth in lending, cash discount, price advertising , 
and usury laws.  All such laws are intended to prohibit deceptive, misleading, or  misrepresentative information 
being given to the consumer.  The following guidelines are intended to apply to price advertising or posting at the street side or highway as well as at the pump or dispenser, and to the price computed at the device.  These g uidelines 
are applicable to other discount or combination offers (such as combination purchases of car wash and gas, for 
example).  
 
1. If a price is posted or advertised, it must be available to all qualified customers.  If any condition or qualification is required to obtain the posted price, that condition must also be posted clearly and understandably , in conjunction with the price  wherever it is posted.  
 2. The lowest price may be posted or advertised by itself as long as any restrictions for receiving that price 
(for example, “cash only”) are also clearly posted or advertised in conjunction with the price and as long as 
other state requirements do not prohibit it.  For example, certain states require that all prices available from a given retail locatio n must be posted on street side signs if any prices are posted.  
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 3. If the merchandiser elects to establish separate devices or islands for sale of the same product at different 
prices, the devices or islands shall be clearly identified as “cash,” “credit, ” “self -serve,” or other 
appropriate wording to avoid customer confusion.  
 
4.  The use of a single -price -computing dispenser for sale of motor fuel at multiple unit prices is inappropriate, 
facilitates fraud, and should be eliminated.  The NCWM should adopt a plan and timetable for changeover 
to devices that can compute and display final money values for multiple prices.  
2.6.5.  Cereal Grains and Oil Seeds . 
(L&R, 1981, p. 95; L&R, 1996, p. 135)  
 
Interpretation  
 
The addition of water to grain  for the purpose of adding weight prior to selling grain by weight is an illegal practice 
under federal laws.  
 
NOTE :  Effective February 11, 1995, the Federal Grain Inspection Service adopted a regulation in 
7 CFR  Part 800.61 prohibiting the application of water to grain except for milling, malting, or similar processing 
operations.  See Volume  59, No.  198 for Friday, October  14, 1994, or page  52 071, for additional information.  
 
Background  
 
A le tter from the Oklahoma Grain and Feed Association was forwarded to the Committee asking whether the 
addition of water to grain is legal.  The request was prompted by an article reporting on methods of adding water to 
grain to bring the moisture content up to market standards.  For example, when soybeans are sold at 8 % moisture 
content, there is less weight sold (and less revenue for the soybeans to the seller) than if water were added to the 
same soybeans to bring them to 10  % moisture content.  
 
However, t he Committee is greatly concerned about the ramifications of such practices.  Many grain experts do not 
believe that over -dried grain should be valued as highly as grain at moisture contents close to market standards.  
Overly dry grain is more susceptible to breakage, for example.  
 
Water added after harvest will not be taken up chemically the way that naturally moist grain binds water.  Errors in 
adding water or the particular biochemical nature of the grain after addition of water can lead to spoiled grain.  
Studies on the long term keeping qualities of grain with water added have not been carried out.  The calibration of 
moisture meters is based on naturally moist grain, and there is a known difference between the electrical properties of naturally moist g rain and grain with moisture added.  
 
Of a more basic nature, however, the Committee recognizes the fact that a grain buyer purchases grain expecting 
such grain to be naturally moist or dried, not to be with water added.  The seller who adds water to grain solely to 
add weight, therefore, misrepresents his product.  
 Both the FDA  and USDA  have sent letters to the Committee indicating that the addition of water to grain  solely for 
the purpose of adding weight is an illegal practice.  Because existing federal laws already prohibit this practice, the 
Committee recommends no further action on the part of the Conference at this time.  
2.6.6.  Basic Engine Fuels, Petroleum Pro ducts, and Lubricants Laboratory .  
(L&R, 1994, p. 129- 135; L&R, 2006, p. L&R -8) (Developed by the Petroleum Subcommittee.)  
 
The petroleum fuels and lubricants laborato ry is an integral element of an inspection program and is generally 
developed to satisfy the testing requirements as described in the laws and rules of the regulating agency.  Guidelines 
have been developed to assist states in evaluating their options of e mploying a private lab or building or expanding 
their own lab.  This information is available at www.nist.gov/pml/wmd/ index.cfm .www.nist.gov/pml/wmd /.
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 2.6.7.  Product Conformance Statements . 
(L&R, 1992, p. 148)  
 
Interpretation  
 
References to a product’s conformance with product standards (for example, “manufactured to standard EN235” or 
similar product conformance statements) on labels for wallcovering or other products, are not considered qualifying terms and do not violate Section  6.12.1. , Supplementary Quantity Declarations of the Uniform Packaging and 
Labeling Regulation, provided the requirements of Section 8.1.4. Free Are a is met. 
 
Background  
 
The Wallcovering Manufacturers Association (WMA) requested the Conference’s position on the use of 
conformance statements on the labels of wallcovering and border material.  This issue relates to wallcovering 
products that originate from manufacturers in Europe where a declaration of conformance to a specific government 
standard is required on consumer packages.  Thousands of product “standards” or “Euronorms” are being 
established for the European Community.  Conformance declarations are required to provide consumers and 
customs officials with information on the product.  The issue relates to the use of such statements as “manufactured 
to standard EN235” on labels of wallcovering that are imported from Europe.   The WMA requested the 
Committee’s opinion on the use of this type of statement if a package is labeled in conformance with sections 
Section  6.12.1. Supplementary Quantity Declarations and Section 8.1.4. Free Area.  One question is whether the 
display of the conformance statement would be permitted provided that it did not include an unacceptable quantity declaration.  Another question concerns the need to comply with the requirement for adequate free area around the 
quantity declaration when the conformance declaration is placed on the label.  It was the Committee’s opinion that 
conformance statements on package labels would not violate any provisions of the PLR if the requirements of Sections  6.12.1. and 8.1.4. are met.  
 
The Committee recommended this int erpretation for inclusion in Handbook 130 because it is likely that this type of 
notice will become common as more and more free market trading areas are opened to expand international trade.  
This interpretation does not indicate acc eptance or endorsement of any requirements contained in product 
conformance statements.  
2.6.8.  Commodities Under FTC  Jurisdiction under the Fair Packaging and Labeling Act and Exclusions . 
(L&R, 1993, p. 279; L&R, 1994, p. 294)  
 The following lists indicat e the commodities and commodity groups that are and are not within the scope of the Fair 
Packaging and Labeling Act administered by the FTC .  The following codes appear with each excluded commodity 
and designate the reason that the particular commodity has been excluded.  
 
BATF – designates commodities subject to laws administered by the Bureau of Alcohol, Tobacco, and Firearms.  
 
CI (Commission Interpretation) – designates those categories that have been excluded by the Commission in the 
light of legislative history of the definition of “consumer commodity.”  By applying this definition to individual 
commodities, the Commission has more narrowly applied the latter term and set forth a list of items that do not meet 
the criteria of consumer commodities.  On occasion the Commission is requested in both a formal and informal 
manner to consider individual products and to determine their status relative to the definition of “consumer commodity” as it is used in the Act.  
 EPA – designates commodities subject to the Federal Environmental Pest Control Act of 1972 administered by the 
Environmental Protection Agency.  
 FDA – designates those commodities which are subject to regulation by the FDA  either under the portion of the 
FPLA administered by that agency or the Federal Food, Drug, and Cosmetic Act (Section 10(a)(3) and Section 7 of 
the FPLA).  Following the code FDA will be a letter further designating th e commodity as either a food  (F), 
drug (D), cosmetic  (C), or device  (DV).   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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TTB (formerly know n as BATF) –  designates commodities subject to laws administered by the Alcohol, and 
Tobacco T ax, and Trade Bureau.  
 
USDA – designates those commodities excluded f rom jurisdiction by Section  10(a) of the FPLA and represents a 
commodity within one of the following categories:  meat or meat products, poultry  or poultry  products, or tobacco 
or tobacco products.  
 
It may be of some help in asc ertaining whether a particular product is or is not included within the FPLA definition 
of “consumer commodity” and thus subject to FTC jurisdiction under that Act, to refer to the following definition:  
 
“. . . Any article, product, or commodity of any kind or class which is customarily produced or 
distributed for sale through retail sales agencies or instrumentalities for consumption by 
individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered wi thin the household, and which is usually consumed or expended in the 
course of such use.”  
 By applying these criteria to the particular product in question and then reviewing the list of excluded commodities, the observer will be able, in most instances, to determine the status of the item.  In the event, however, that the 
observer is unable to ascertain whether a particular commodity is covered or excluded from FTC jurisdiction, contact FTC for an opinion.   
 
Commodities Included Under FTC Jurisdiction  
Soaps and Detergents  Powder, flakes, chips, etc.  
 Liquid  
 Paste, cake, or tablet  
Cleaning Compounds  Liquid  
 Powder  
 Paste or cake  
 Solvent and cleaning fluids for home use  
Laundry Supplies  Conditioners and softeners, ironing aids, distilled water  
 Sizings and starches  
 Bluings and bleaches  
 Pre-soaks, enzymes, etc.  
Cleaning Devices  Sponges and chamois  
 Steel wool, scouring and soap pads  
Food Wraps  Plastic and cellophane  
 Wax paper and paper  
 Foil (aluminum wrap)  
Paper Products  Toweling  
 Napkins, table cloths, and place mats  
 Facial tissues  
 Bathroom tissues  
 Disposable diapers  
 Crepe paper  
 Other (e.g., shelf paper, wrapping paper, eye glass tissues)  NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 Commodities Included Under FTC Jurisdiction  
Waxes and Polishes  Powder  
 Liquid  
 Paste and cake  
 Other (e.g., polish impregnated cloths, scratch removers)  
Household Supplies  Matches  
 Candles  
 Toothpicks  
 Cordage (string, twine, rope, clothes line, etc.)  
 Drinking straws  
 Lighter and propane torch fuel, flints, pipe cleaners, etc.  
 Lubricants  
Household Supplies (continued)  Picnic supplies  
 Sand paper and emory paper  
 Charcoal  briquets, chips, logs, etc.  
 Dyes and tints  
 Camera film, photo supplies and chemicals  
 Protective foil cooking utensils  
 Aluminum foil cooking utensils  
 Christmas decorations  
 Solder  
 LPG for other than home heating or cooking  
 Waxes for home use  
 Light bulbs  
 Dry cell batteries  
 Pressure sensitive tapes, excluding gift tapes  
Containers  Paper (plain, waxed, or plastic coated)  
 Foil 
 Plastic or Styrofoam  
Air Fresheners and Deodorizers  Potpourri  
Adhesives and Sealants   
Cordage   
 
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 Commodities Excluded from FTC Jurisdiction  
Term  Description  FTC 
Jurisdiction  
Adhesive Tape   FDA -D 
Alcoholic Beverages   BATF TTB  
Aluminum Clothesline  Plastic clothesline with a steel core  CI 
Antifreeze   CI 
Artificial Flowers and 
Parts   CI 
Automotive Accessories  Floor mats, seat covers, spare parts, etc.  CI 
Automotive Chemical 
Products  Auto polish, wax, and finish conditioner, rubbing compound, tire paint, 
chrome polish, gasoline additives, etc.  CI 
Bath Oil and  Bubble 
Bath   FDA -C 
Bicycle Tires and Tubes   CI 
Books   CI 
Bottled Gas  Cooking or heating  CI 
Brushes  Bristle, nylon, etc., including hair -brushes, toothbrushes, hand and nail 
brushes, paint brushes, etc.  CI 
Brooms and Mops  Glass, floor, and dish mops, etc. CI 
“Bug Proof” Shelf Paper   EPA  
Candle Holders  Without candles  CI 
Cameras   CI 
Chinaware   CI 
Christmas Light Sets  Replacement or other bulbs sold separately are not excluded  CI 
Cigarette Lighters   CI 
Clothespins   CI 
Clothing and Wearing 
Apparel  Socks, gloves, shoelaces, underwear, etc.  CI 
Compacts and Mirrors   CI 
Cosmetics  Defined by Section  201(i) of the Food, Drug, and Cosmetic Act as 
“(l) articles intended to be rubbed, poured, sprinkled, or sprayed on, 
introduced into, or otherwise  applied to the human body or any part 
thereof for cleansing, beautifying, promoting attractiveness, or altering 
the appearance, and (2)  articles intended for use as a component of any 
such articles; except that such term shall not include soap.”  FDA -C 
Cotton Puffs  Sterilized  FDA -D 
Crystalware   CI 
Detergent Bar with Any 
Drug or Cosmetic Claim  If the observer experiences difficulty in ascertaining whether or not a 
given product is a soap or a detergent, contact the manufacturer or FDA.  FDA -D or C  
Decorative Magnets   CI 
Devices  Defined by Section  201(h) of the Food, Drug, and Cosmetic Act as FDA -DV NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 Commodities Excluded from FTC Jurisdiction  
Term  Description  FTC 
Jurisdiction  
“instruments, apparatus, and contrivances, including their components, 
parts, and accessories, intended (1)  for use in the diagnosis, cure, 
mitigation, treat ment, or prevention of disease in man or other animals; 
or (2) to affect the structure or any function of the body of man or other 
animals.”  This category includes trusses, syringes, arch supports, etc.  
Diaries and Calendars   CI 
Disinfectants   EPA  
Drugs  Defined by Section  201(g)  (1) of the Food, Drug, and Cosmetic Act as 
“(a) articles recognized in the official United States Pharmacopeia, 
official Homeopathic Pharmacopeia, or official National Formulary, or 
any supplement to any of them; and (b)  articles intended for use in the 
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (c)  articles (other than food) intended to affect the 
structure or any function of the body of man or other animals ; and 
(d) articles intended for use as a component of any articles specified in 
clause (a), (b) or (c); but does not include devices or their components, 
parts, or accessories.”  FDA -D 
Durable Articles or 
Commodities   CI 
EPA Covered Products  Products subject to regulation under the Federal Environmental 
Pesticide Control Act that is administered by the Environmental 
Protection Agency.  EPA  
Fingernail Files   CI 
Flowers, Flower Seeds, 
Fertilizer, and Fertilizer Materials, Plants or 
Shrubs, Garden and 
Lawn Supplies   CI 
Food  Defined by Section  201(f) of the Food, Drug, and Cosmetic Act as 
“(1) articles used for food and drink for man or other animals, 
(2) chewing gum, and (3)  articles used for components of any such 
article.”  FDA -F 
Fountain Pens, 
Mechanical Pencils, and 
Kindred Products  Ball point pens, lead pencils, and lead refills, etc.  CI 
Garden Tools  Hoses, trowels, grass clippers, etc.  CI 
Germ Killing or Germ 
Proofing Products   EPA  
Gift Tape and Ties  Ribbon, tape, etc.  CI 
Gift Wrapping Material  Decorative wrapping foil, paper, cellophane, etc.  CI 
Glasses and Glassware  Disposable plastic glasses are not excluded  CI 
Gloves (of Any Type)   CI 
Greeting Cards   CI 
Hair Combs, Nets, and  FDA -DV  Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 Commodities Excluded from FTC Jurisdiction  
Term  Description  FTC 
Jurisdiction  
Pins 
Hand Tools   CI 
Handicraft and Sewing 
Thread  Yarn, etc.  CI 
Hardware  Extension cords, thumb -tacks, hose clamps, nails, screws, picture 
hangers, etc.  CI 
Household Appliances , 
Equipment, or 
Furnishings, Including 
Feather and Down -Filled 
Products, Synthetic -
Filled Bed P illows, 
Mattress Pads and Patchwork Quilts, 
Comforters, and 
Decorative Curtains   CI 
Ink  CI 
Insecticides  Insect repellents in any form, mothballs, etc.  EPA  
Ironing Board Covers   CI 
Jewelry   CI 
Lambs Wool Dusters   CI 
Luggage   CI 
Magnetic Recording 
Tape  Reels, cassettes, and cartridges.  CI 
Meat and Meat Products   USDA 
Metal Pails   CI 
Motor Oil  Including additives.  Household multi -purpose oil is not excluded.  CI 
Mouse and Rat Traps   CI 
Mouthwash   FDA -D 
Musical Instruments   CI 
Paints and Kindred 
Products  Wallpaper, turpentine, putty, paint removers, caulking and glazing 
compounds, wood fillers, etc.  Note, however, that bathroom caulking 
materials, patching plaster, spackling compound, and plastic wood are 
not excluded.  In the event of un certainty, contact FTC.  CI 
Paintings and Wall 
Plaques   CI 
Pet Care Supplies   CI 
Pewterware   CI 
Photo Albums   CI 
Pictures   CI 
Plastic Buckets and  CI NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 Commodities Excluded from FTC Jurisdiction  
Term  Description  FTC 
Jurisdiction  
Garbage Cans  
Plastic Tablecloths, 
Plastic Place Mats   CI 
Plastic Shelf Lining   CI 
Pre-Moistened 
Towelettes   FDA -C 
Polishing Cloths  Polishing cloths that are impregnated with polish or chemicals (silicone, 
etc.) are not excluded.  CI 
Poultry  and Poultry  
Products   USDA 
Rubber Gloves   CI 
Rubbing Alcohol   FDA -D 
Safety Flares   CI 
Safety Pins   CI 
Sanitary Napkins   FDA -D or C  
School Supplies  Rulers, crayons, paper, pencils, etc.  CI 
Self-Stick Protective Felt 
Tabs   CI 
Seeds of All Kinds   USDA  
Sewing Accessories  Needles of any type, thimbles, kindred articles, etc.  CI 
Shampoo  FDA -C 
or D 
Shoelaces   CI 
Small Arms Ammunition   CI 
Silverware, Stainless 
Steelware, and 
Pewterware   CI 
Smoking Pipes   CI 
Soap Bars with a Drug 
Claim  Including any claim for removing facial blemishes, etc.  Refer to Detergent Bars for further discussion in this area.  FDA -D 
Soap Dishes   CI 
Souvenirs   CI 
Sporting Goods   CI 
Stationery and Writing 
Supplies  Looseleaf binders, paper tablets, etc.  CI 
Textiles and Items of 
Wearing Apparel  Cloth laundry bags, towels, cheese cloth, shoe shine cloths, etc.  CI 
Tobacco and Tobacco 
Products  Pipes, cigarettes, etc.  BATF TTB  - 
USDA   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 Commodities Excluded from FTC Jurisdiction  
Term  Description  FTC 
Jurisdiction  
Toothpaste   FDA -D 
Toys   CI 
Typewriter Ribbon   CI 
Wire of Any Type   CI 
Woodenware   CI 
2.6.9.  Size Descriptors for Raw, Shell -On Shrimp Products . 
(L&R, 1995, p.  97) 
 
Guideline  
 
If size descriptor terms for shrimp (e.g., small, medium, large, or colossal) are used on packages, advertisements , or 
on signs when offer ing shrimp for sale from bulk, a statement of count -per-kilogram, if sold by kilogram, or count -
per-pound, if sold by pound, should be included adjacent to the size descriptor (e.g., medium -large, 31 to 40  shrimp 
per pound).  
2.6.10.  Model Guidelines for t he Administrative Review Process . 
 
Purpose  
 
These guidelines are provided to assist weights and measures programs in establishing an administrative review process.  They are not intended to be the only process an agency may use nor are they intended to supersede any 
agency’s existing process.  Before implementing ANY process, it should be approved by legal counsel.  
 
These guidelines ensure that persons affected by “inspection findings” (e.g., price misrepresentations or shortweight  
packages), or who are deprived of the use of their property (devices or packages placed under “stop” or “off -sale” 
order), are provided a timely -independent review of the action.  The process enables affected persons to provide 
evidence which could be rel evant in determining whether the enforcement action was proper.  The purpose of the 
process is to ensure that a person’s ability to conduct business is not hindered by improper enforcement actions.  This process is independent of any other action (e.g., administrative penalties, prosecutions, etc.) that may be taken 
by the enforcement agency.  
 
Background  
 
In the course of their work, weights and measures officials take enforcement actions that may prohibit the use of 
devices or the sale of packaged goods (e .g., “stop -sale” or “off -sale” orders for packages and “stop -use” or 
“condemnation” tags issued on devices).  Improper actions (e.g., not following prescribed test procedures, enforcing 
labeling requirements on exempted packages, or incorrectly citing some one for a “violation”) place the official and 
the jurisdiction in the position of being liable for the action if it is found that the action was “illegal.”  In some cases,  
weights and measures jurisdictions could be ordered to pay monetary damages to compe nsate the affected party for 
the improper action.  
 This process is one way to provide affected persons an opportunity to present evidence which may be relevant in determining whether the order or finding has been properly made to an independent party.  The  procedure enables 
business operators to obtain an independent review of orders or findings so that actions affecting their business can be evaluated administratively instead of through litigation.  This ensures timely review, which is essential because of  
the impact that such actions may have on the ability of a business to operate and in cases where perishable products 
may be lost.  
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 Review Provisions  
 
Parties affected by enforcement actions must be given the opportunity to appeal enforcement actions.  
 Inspectors are the primary contacts with regulated firms and thus are in the best position to ensure that the 
enforcement actions they take are “proper.”  “Proper” means that inspections are conducted (1)  within the scope of 
the authority granted by law, (2)  according to recognized investigative or testing procedures and standards, and 
(3) that enforcement actions are lawful.  The “burden” for proving that actions are “proper” falls on the weights and 
measures program, not on regulated firms.  
 Weights and meas ures officials are law enforcement officers.  Therefore, they have the responsibility to exercise 
their authority within the “due process” provisions of the U.S. Constitution.  As weights and measure programs 
carry -out their enforcement responsibilities in  the future, more and more challenges to their actions and authority 
will occur.  It is in the best interest of any program to establish strict operational procedures and standards of 
conduct to prevent the occurrence of improper actions which may place th e jurisdiction in an untenable position in a 
court challenge of an enforcement action.  The foundation for ensuring “proper” actions is training, clear and 
concise requirements, and adoption of, and adherence to uniform test procedures and legal procedures . 
 
Prior to taking enforcement actions the inspector should recheck test results and determine that the information on which the action will be taken is accurate.  
 
Inspections shall be conducted with the understanding that the findings will be clearly and plainly documented and 
reviewed with the store’s representative.  
 During the review of the findings, the firm’s representative may provide information which must be used by the 
inspector to resolve the problems and concerns before enforcement actions are t aken.  In some cases, the provided 
information may not persuade the inspector to forego the action.  In some cases, the inspector and business representative may not understand the circumstances surrounding the violations, or there may be a conflict betwee n 
the parties that they cannot resolve.  In other cases, the owner or manufacturer may not learn that an enforcement 
action has occurred until long after the inspector leaves the establishment.  
 Steps:  
 
1. Provide a framework that will help in resolving mo st of these situations where “due process” is of concern.  
Make sure that the responsible party (e.g., as declared on the package label) is notified of violations and receives copies of inspection reports.  Establish standard operating procedures to assure  the affected party 
of timely access  to a representative of the weights and measures program so that the firm can provide the 
relevant information or obtain clarification of legal requirements.  
 
2. Make the process as simple and convenient as possible.  Especially in distant or rural areas where there are 
no local offices, the review should be conducted by a supervisor of the official taking the action if agreed to by the person filing the request for review.  
 
3. The process should include noti ce that the firm can seek review at a higher level in the weights and 
measures program or an independent review by a third party.  The following procedures are recommended:  
 
(a) Any owner, distributor, packager, or retailer of a device ordered out of servi ce, or item or commodity 
ordered “off -sale,” or inspection finding (e.g., a price misrepresentation or a shortweight lot of 
packages) shall be entitled to a timely review of such order, to a prompt, impartial, administrative 
review of such off -sale order o r finding.  
 
A notice of the right to administrative review should be included on all orders or reports of findings or 
violations and should be communicated to the responsible firm (e.g., person or firm identified on the 
product label):  
 
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(b) The administrative review shall be conducted by an independent party designated by the Director or 
before an independent hearing officer appointed by the Department.  The officer shall not be a person responsible for weights and measures administration or enforcement.  
 (c) No fees should be imposed for the administrative review process.  
 
 
(d) The firm responsible for the product or the retailer may introduce any record or other relevant evidence.  
 
  For example:  
 
i. Commodities subject to the off -sale action or other findings were produced, processed, 
packaged, priced, or labeled in accordance with applicable laws, regulations or requirements.  
 
ii. Devices subject to the “stop -use” order or “condemnation” were maintained in accordance 
with applicable laws, regulation s or requirements.  
 
iii. Prescribed test procedures or sampling plans were not followed by the inspector.  
 
iv. Mitigating circumstances existed which should be considered.  
 
(e) The reviewer must consider the inspector’s report, findings, and actions as well as any evidence 
introduced by the owner, distributor, packager, or retailer as part of the review process.  
 
(f) The reviewer must provide a timely written recommendation following review unless additional time is agreed to by the department and the petitioner.  
 
(g) The reviewer may recommend to the Department that an order be upheld, withdrawn or modified.  If 
justified the reviewer may recommend other action including a reinspection of the device or 
commodity based upon information presented during the review.  
 
(h) All actions should be documented and all parties advised in writing of the results of the review.  The 
report of action should be detailed in that it provides the reasons for the decision.  Sample Notice
You have the right to Administrative Review of this
order or finding.  To obtain a review, contact the Director
of Weights and Measures by telephone or send a written
request (either postmarked, faxed, or hand delivered) to:
(Name, Address or Fax Number of the Director or other
Designated Official) 
Your request should reference any information that you
believe supports the withdrawal or modification of theorder or finding.
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 2.6.11.  Good Quantity Control Practices . 
 
Good Quantity Control  Practices means that the plant managers should take all reasonable precautions to ensure the 
following quantity control standards or their equivalent are met:  
 
1. A formal quantity control function is in place with authority to review production processes  and records, 
investigate possible errors, and approve, control, or reject lots.  
 
2. Adequate facilities (e.g., equipment, standards , and work areas) for conducting quantity control functions 
are provided and maintained.  
 3. A quantity control program (e.g., a system of statistical process control) is in place and maintained.  
 
4. Sampling is conducted at a frequency appropriate to the product process to ensure that the data obtained is 
representative of the production lot.  
 5. Production records are mai ntained to provide a history of the filling and net content labeling of the product.  
 
6. Each “production lot” contains on the average the labeled quantity and the number of packages exceeding the specified maximum allowable variation (MAV) value in the in spection sample shall be no more than 
permitted in Tables Table  2-1. Class of ScaleSampling Plans for Category A  and  Table 2-2. Acceptance 
Tolerances for Class of Scale Based on Test Load Divisions Sampling Plans for Category B found in NIST 
Handbook 133, A ppendix A . 
 7. Packaging practices are appropriate for specific products and measurement procedures (e.g., quantity sampling, density and tare determinations) and guidelines for recording and maintaining test results are 
documented.  
 
8. Personnel responsible for quantity control follow written work instructions and are competent to perform their duties (e.g., background, education, experience and training).  Training is conducted at sufficient intervals to ensure good practices.  
 
9. Recognized procedures are used for the selection, maintenance, adjustment, and testing of filling equipment 
to insure proper fill control.  
 
10. Weighing and measuring devices are suitable for their intended purpose, and measurement standards are 
suitable and  traceable to national standards.  This includes a system of equipment maintenance and 
calibration to include recordkeeping procedures.  
 11. Controls over automated data systems and software used in quantity control ensure that information is 
accessible, b ut changeable only by authorized personnel.  
 
12. Tare materials are monitored for variation.  Label changes are controlled to ensure net quantity matches 
labeled declaration.  
2.6.12.  Point -of-Pack Inspection Guidelines . 
 
A.  Weights and Measures Officials ’ Responsibilities . 
 
1. Conduct inspections during hours when the plant is normally open for business.  Open the inspection by 
making contact with the plant manager or authorized representative (e.g., the quality assurance manager or 
the production manager).  
 
2. Present the proper credentials and explain the reason for the visit (e.g., routine or follow -up inspection or 
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3. Request access  to quantity measurement equipment in the packing room, moisture testing equipment in the 
laboratory or in the packing room, and product packed on premise or stored in warehouse areas.  
 
4. Obtain permission from a plant representative prior to using a tape  recorder or a camera.  
 
5. Conduct inspection related activities in a professional and appropriate manner and, if possible, work in an 
area that will not interfere with normal activities of the establishment.  
 
6. Abide by all the safety and sanitary requir ements of the establishment and clean the work area upon 
completion of the inspection/test.  Return borrowed equipment and materials.  
 
7. To close the inspection, recheck inspection reports in detail and ascertain that all information is complete 
and corre ct. 
 
8. Sample questions and tasks for Inspectors:  
 
(a) Inside Buildings and Equipment.  
 
i. Is all filling and associated equipment in good repair?  
 
ii. Are net content measurement devices suitable for the purpose being used?  
 
iii. Are standards used by the firm to verify  device accuracy traceable to NIST?  
 
(b) Packing Room Inspection.  
 
i. Observe if the program for net quantity of content control in the packing room is actually being 
carried out.  
 
ii. Ensure that the weighing systems are suitable and tare determination procedures are adequate.  If there are questions regarding tare determination, weigh a representative number of tare and/or 
filled packages.  
 
iii. For products labeled and filled by volume and then checked by weight, ensure that proper density 
is used.  
 
(c) Warehouse Inspecti on. 
 
  If an inspection is conducted:  
 
i. Select lot(s) to be evaluated.  
 
ii. Determine the number of samples to be inspected.  Use the appropriate sampling plan as described 
in NIST Handbook 133, “Checking the Net Content of Packaged Goods .” 
 
iii. Randomly select the number of samples or use a mutually agreed on plan for selecting the samples.  
 
iv. Determine the average net quantity of the sample and use the standard deviation factor to compute the Sample Error Limit (SEL) to evaluate the lot.  
 
v. Look for individual values that exceed the applicable Maximum Allowable Variation as found in 
NIST Handbook 133. 
 
vi. Apply moisture allowances, if applicable.  NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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vii. Review the general condition of the warehouse relevant to package integrity, good quantity 
control, and distribution practices.  
 
viii. Prepare an inspection report to detail findings and actions.  
 
9. Close the inspection -  Review findings with Plant Representative.  
 After the inspection, meet with the management representative to discuss inspection findings and observations.  
Provide additional information as needed (e.g., information on laws and regulations or explanations of test 
procedures used in the inspection).  Be informative, courteous and responsive.  If problems/violations are found during the inspection/ test, bring them to the attention of the appropriate person.  
 
B.  Plant Management Responsibilities . 
 
1. Recognize that inspectors are enforcing a federal, state or local law.  
 
2. Assist the official in conducting inspection activities in a timely and efficient manner.  
 3. During the initial conference with the inspector, find out whether the inspection is routine, a follow -up, or 
the result of a consumer complaint.  If a complaint, obtain as much information as possible concerning the 
nature of the complai nt, allowing for an appropriate response.  
 
4. The plant manager, quality assurance manager, or any designated representative should accompany the inspector.  
 
5. Plant personnel should take note of the inspector’s comments during the inspection and prepare a detailed 
write -up as soon as the inspection is completed.  
 
6. When an official presents an inspection report, discuss the observations and, if possible, provide 
explanations for any changes deemed necessary as a result of the inspection/test.  
 
Plant Management:  information that must be shared with the inspector.  
 
1. Establishment name and address.  
 
2. Type of firm and information on related firms or applicable information (e.g., sub -contractor , servant , or 
agent).  
 
3. General description and location  of shipping and storage areas where packaged goods intended for 
distribution are stored.  
 
4. Commodities manufactured by or stored at the facility.  
 5. Names of responsible plant officials.  
 Plant Management:  information that may be shared with the inspector.  
 
1. Simple flow sheet of the filling process with appropriate net content control checkpoints.  
 2. Weighing or measuring device maintenance and calibration test records.  
 3. Type of quantity control tests and methods used.  
 4. Net content control charts for any lot, shipment, or delivery in question or lots which have previously been 
cited.   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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5. Method of date coding the product to include code interpretation.  
 
6. Laboratory reports showing the moisture analysis of the products which are in question or have been 
previously cited.  
 
7. Product volume of lot sizes or related information.  
 
8. Distribution records related to a problem lots including names of customers.  
2.6.13.  Guideline for Verifying the Labeled Basis Weight of Communication and Other Paper . 
(L&R, 1998, p. 27)  
2.6.13.1. Equipment. –  Linear measure recommended in Section 5.3.1. Equipment in the t hird edition of NIST 
Handbook 133 “Checking the Net Contents of Packaged Goods.”  
 
• Scale with a minimum division of 0.5 g (0.001 lb) or less.  
 
• Scientific calculator with a sample standard deviation function.  
 
2.6.13.2.  Scope and Recommended Enforcement Approach . – Paper is manufactured in various “basis 
weights” for use in different applications (e.g., copy paper can have  a basis weight of 18 or 20 lb).  Basis weight 
is part of the product identity and not a declaration of net contents.  This procedure is used to audit the basis 
weight declared on package labels.  If the tested packages in a sample do not have an average basis weight 
equal to or greater than the labeled basis weight, the inspection lot may be in violation.  A potentially violative lot should be placed “off -sale” until the owner provides documentation to confirm that the labeled basis weight 
corresponds to t he basis weight declared by the original manufacturer.  If documentation is not provided, the 
inspection lot should remain “off -sale” until the basis weight declaration is corrected.  
 
2.6.13.3.  Determine Target Net Weight for Common Types of Paper . – The basis weight of paper is the 
designated weight (measured in grams or pounds per specified area) of one ream in basic sheet size for the type 
of paper being tested.  This procedure permits the confirmation of basis weight by linear measurement and 
gravimetr ic testing.  This procedure is designed to test the various types, size, count, and basis weights of 
packaged paper currently in the marketplace.  Table  1 lists the “area of basic sheet size” for common types of 
paper.  A “ream” equals 500 sheets of basic sheet size for all types of paper other than tissue paper.  A “ream” 
of tissue paper equals 480 sheets.  Each of the standard categories of paper products shown in Table  1 has a 
different standard basic sheet size.  Although there are basic sheet sizes, paper is packaged and marketed in various sizes and counts.  The net weight of packaged paper can be determined from the label information using 
the General Formula for Sheet Paper.  For roll paper, use one  (1) for the sheet count.  
 
General Formula for Sheet  Paper  
  
 
 
Where:  
 
 PA  = measured area of one sheet of paper  
 BW  = labeled basis weight  
 BSS  = area of basic sheet size from Table  1 
 SC  = labeled package sheet count  
 TNW  = target net weight of paper  
 500  
x 
   
 TNW  
  
   BSS 
SC  
= 
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 2.6.13.4.  Test Procedure.  – The following gravimetric, measuring, and counting procedures shall be used to 
determine if packages are accurately labeled.  Procedures are also provided for verifying net quantity of content 
declarations for count and dimensions (e.g., length and width.)  
 
2.6.13.4.1. Sample Selection.  – Select a sample from an inspection lot using Table  2-1 Sampling Plans of 
Category  A (page  A-2) in the fourth edition of NIST Handbook 133, “ Checking the Net Contents of 
Packaged Goods. ”  Determine an average tare weight in accordance with Section  2 of the fourth edition of 
NIST Handbook 133. 
 2.6.13.4.2. Determine Target Net Weight of Common Types of Paper Packaged in Various Sizes or 
Counts .  
 
Verify the basis weight declared on a packa ge using the following gravimetric procedure:  
 
a. Record the following information from the package label on a worksheet.  (See Figure  1 for a 
sample label.)  
 
 1. Type of Paper (TP)  
 2. Length (L)  
 3. Width (W)  
 4. Package Sheet Count (PSC)  
 5. Basis Weight (BW)  
 6. Basic Size Sheet (BSS)  
 
b. Compute the Target Net Weight (TNW) for the sample packages using the General Formula for Sheet Paper.  TNW is what the paper should weigh if the labeled properties of the packaged paper 
are accurate.)  
 
c. Determi ne the average net weight of the sample packages.  (Do not use sample error limit 
calculations.)  If the average net weight is not equal to or more than the Target Net Weight, go to 
Section  2.6.14.3. to determine if the labeled basis weight (BW) is correct .  If the average net 
weight is equal to or more than the labeled basis weight, the sample passes.  
 
Basis Weight Worksheet (see Figure  1) 
 
Type of Paper (TP):   Copy Paper  
Length (L):    11 in  
Width (W):    8½ in  
Area (PA) of Sheet (L ×W): 93.5 in2 
Package Sheet Count (PSC): 500 
Basis Weight (BW):   20 lb 
Basic Sheet Size (BSS):   17 in ×  22 in  
Area of BSS from Table  1 or 374 in2 
 by calculation:  
 
 Use the General Formula to compute Target 
 Net Weight (TNW):  
 
 Target Net Weight (TNW) = 5 lb  
  
 
NOTE : Three factors will cause actual sample weights to differ from the TNW:  
 Actual sheet count in package  
 Actual basis weight of paper being tested  
 Actual dimensions of the paper being tested  
 
Example  
White Copy Paper  
75 g/m2 (20 lb) Bond  
 
Size:  216 mm ×  279 mm (8½  in × 11 in)  
 
Count:  500 Sheets  
lb xinlb xin 5500500
 374) 20  5.93(
22
=Figure 1.  Sample Label   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 2.6.13.4.3. Determine Basis Weight . 
 
This procedure is used to identify potentially violative  packages .  If the Average Basis Weight (ABW) for 
the sample determined by this procedure is not equal to or greater than the labeled basis weight, other steps 
must be taken.  Moisture affects the weight of paper, but the moisture content of paper can only be 
determined in a measurement laboratory according to the Technical Association of the Pulp and Paper 
Industry (TAPPI) (URL:  ( www.tappi.org /) TAPPI  – T410 om-08, “ Grammage of Paper and Paperboard 
(Weig ht per Unit Area).”  
 
a. Verify the basis weight for each package according to the following steps:  
 
i. Identify the paper type from Column 1 in Table  1 and record the area for the paper type from 
Column  2. 
 
ii. Select a sample of paper from each of the tare sampl e packages.  Use a sample of exact count 
to eliminate the possibility that the packages are short count.  
 
- For packages with more than 100 sheets, use 100 sheets ; or 
- For packages with 100 sheets or less, verify the sheet count and use all of the sheets.  
 
iii. Use a basis weight work sheet and determine the number of basic size sheets the paper sample 
represents with the following formula: 
 
 
 
 
Where:  
A  = area of basic sheet size from Table  1 
PA  = area (l ×  w) of one sheet of paper  
EC  = exact sheet count of sample 
ENBSS  = equivalent number of basic size sheets  
 
iv. Determine the average basis weight,  
 
Where:  
BW  = basis weight for each package 
ABW  = average basis weight  
ENBSS  = equivalent number of basic size s heets from step iii  
NW  = net weight of sample  
RC   = Ream Count (500; for tissue paper, use 480)  
 
v. Repeat this step for each paper package from the tare sample and average the basis weights to 
obtain an Average Basis Weight (ABW).  If the ABW is less than the labeled basis weight, or 
if the difference between the basis weight of the sample packages is more than 1 scale 
division, measure and compute the basis weight for each of the remaining packages.  
 
vi. Weigh each sample.  If the basis weight from step  iv is less than the labeled basis weight, re -
calculate the target net weight by using the general formula for sheet paper.  
 
x 
   
 ENBSS  
 EC 
  
   A 
  
= 
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 Table 1.  Common Types of Paper and Area of Basic Sheet Size  
Paper Type  Area  
Bond, Ledger, Thin, Writing, and 
Track Feed Printer Paper  2412 cm2 (374 in2) 
Manuscript Cover  3599 cm2 (558 in2) 
Blotting  2941 cm2 (456 in2) 
Cover  3354 cm2 (520 in2) 
Blanks  3974 cm2 (616 in2) 
Printing Bristols  4135 cm2 (641 in2) 
Wrapping, Tissue, Waxed, Newsprint 
and Tag Stock  5574 cm2 (864 in2) 
Book, Offset, and Text  6129 cm2 (950 in2) 
Index Bristol  5019 cm2 (778 in2) 
 
vii. Use the target net weight computed in step vi and re -weigh the inspection lot samples using 
the Section  2. of the fourth edition of NIST Handbook 133.  If inspection sample weights 
differ from the target net weight computed using the average basis weight determined in vi, 
the label sheet count is probably inaccurate.  
 
b. Verify the label sheet count by counting the number of sheets in each package.  
 
c. Verif y sheet dimensions (length × width) for each package of the sample.  
 
 BWENBSSRCx NW=   
2.6.13.4.3.1.  Other Types of Packaged Paper . 
 
1. Roll Paper. – When testing rolled paper, cut a length of paper from the roll equal to 9350 
divided by the width of the paper in inches.  Make sure the ends of this length of paper are 
square.  Proceed to section  2.6.14.3.  step a.  Disregard the exact sheet count in step iii. 
 
2. Continuous Track Feed Printer Paper:  
 
i. Count out a sample of 100 sheets from each tare sa mple package of the inspection lot.  
 
ii. Weigh each 100 sheet sample and record the weights.  
 
iii. Calculate an average weight.  
 
iv. Remove printer track feed strips from each sample.  
 
v. Re-weigh each sample after the tractor feed has been removed and record the weights.  
 
vi. Calculate an average weight from step v.  
 
vii. Calculate percentage (%) difference in the average weights in steps  iii and vi.  
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 viii. After the track feed strips have been removed, use the samples to verify the basis weight 
for the packages of the inspection lot us ing the formula in 2.6.14.2.  If the basis weight is 
less than the labeled basis weight, refer to  2.6.13.2.  
 
ix. If the basis weight established in step  viii is the same as the labeled basis weight, weigh 
the remaining packages from the sample and compare the actual net weights with the TNW.  (Remember to adjust the TNW up by the percentage established in step vii.) 
 
x. If the adjusted weights of the remaining samples is less than the TNW, the deficiency 
may have been caused by:  
 
a. the sheet count in the package.  
b. the basis weight of the paper.  
c. the dimensions of the paper.  
d. combinations of the above.  
This procedure is for use in verifying that the basis weight included in a statement of 
identity is not misleading or deceptive.  It is not intended to be used as the final criterion 
on which enforcement action is taken.  Instead, the test procedure is only used to identify potentially volatile  lots.  There are two alternative actions that can be taken if the test 
results indicate that a lot is potentially volati le.  The first is to review the documentation 
supplied by the original manufacturer to the converter to determine if any 
misrepresentation has occurred.  The second is to collect packages of the paper and test 
them according to the latest version of ASTM International Method  D646 for 
“Grammage of Paper and Paperboard.” 
2.6.14.  Labeling Guidelines for Chamois . 
(L&R, 1999, p. L&R -25) 
 
These requirements are based on the Uniform Packaging and Labeling Regulation in the 1999 edition  of NIST 
Handbook 130, “Uniform Laws and Regulations” and regulations and guidelines of the Federal Trade Commission.  
 
General  
 
The following information must be declared on the principal display panel of the chamois package.  The pri ncipal 
display panel is the tag, or label that consumers can examine under normal and customary conditions of display.  
 
• Identity - what the package contains  
 • Net Quantity of Contents - how many items the package contains and the area of the item(s)  
 
The following information may appear anywhere  on the package.  
 
• Responsibility – the party responsible for packaging or distributing the product.  
 
2.6.14.1.  Declaration of Identity.  – Chamois is a natural product made of sheepskin which has been oil 
tanned.  In 1964, the FTC issued an advisory opinion stating that using the word “chamois” on a product (e.g., 
“Artificial” Chamois, “Synthetic” Chamois, “Pig Chamois” or “Man Made” Chamo is) that is not made from oil 
tanned sheepskin is unlawful and deceptive.  Packages are required to declare identity in terms of:  
 
i. the name specified in or required by any applicable federal or state law or regulat ion or, in the 
absence of this,  
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 ii. the commo n or usual name or, in the absence of this,  
 
iii. the generic name or other appropriate description, including a statement of function.  
 
 Example :   
Chamois, Natural Chamois Leather  
 
2.6.14.2.  Declaration of Net Quantity of Contents.  – The following informatio n is required to appear on the 
lower 30 % of the principal display panel of all packages:  
 
Count  
 
• The package must include a count declaration (e.g., 1 Chamois) unless the statement of identity clearly 
expresses the fact that only one unit is contained in the package.  A package containing two or more units shall bear a statement in terms of count (e.g., 2  Chamois).  
 
Area  
 
• Chamois packages must have area declarations in both U.S. customary  and metric units.  
 
Metric  
 
• For areas that measure less than 1  m
2, the area shall be stated in square decimeters and decimal 
fractions of a square decimeter or in square centimeters and decimal fractions of a square centimeter;  
 
• For areas that measure 1  m2 or more, the area shall be stated in square meters and deci mal fractions to 
not more than three places.  
 
To facilitate value comparison and simplify the measurement process, chamois should be measured in one 
quarter square foot (2.322 57 decimeter) increments.  Dimensions should be rounded down to avoid overstatin g 
the area.  
 
For example:  2  square feet (18.5 square decimeters) or 2  ft2 (18.5 dm2) 
 
Conversion Factors:  
 
1 ft2  =  9.290 30 dm2 
 
1 in2  =  6.451 6 cm2 
 
1 yd2  =83.612 7 dm2 
 
U.S. Customary  Units  
 
• For areas that are less than 1  ft2 (929 cm2), the area  declaration shall be expressed in square inches and 
fractions of square inches;  
 
• For areas of 1  ft2 (929 cm2), or more, but less than 4 ft2 (37.1 dm2), the area shall be expressed in 
square feet with any remainder expressed in square inches or in fracti ons of a square foot;  
 
• For areas of 4  ft2 (37.1 dm2) or more, the area should be expressed in terms of the largest whole unit 
(e.g., square yards, square yards and square feet, or square feet) with any remainder expressed in 
square inches and fractions of a square inch or in fractions of the square foot or square yard.  
 
Chamois labeled for retail sale is exempt from these requirements if (a)  the area of a full skin is expressed in 
terms of square feet with any remainder in terms of the common or decimal f raction of the square foot  Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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 (929 cm2), or (b) the area for cut skins of any configuration is expressed in terms of square inches and fractions 
thereof.  Where the area of a cut skin is at least one square foot (929 cm2) or more, the statement of square 
inches shall be followed in parentheses by a declaration in square feet with any remainder in terms of square 
inches or common or decimal fractions of the square foot.  
 
Prohibited Labeling Practices  
 
• Do not use  qualifying terms  or phrases (e.g., “Approximate Size,” “Size when Wet,” “Up to 20  % 
Larger When Wet”).  
 
• Do not use unacceptable symbols (e.g., using ( ") as a symbol for inches is not acceptable).  
 
2.6.14.3.  Declaration of Responsibility.  – The name and address of the manufacturer, packer, or distributor 
must be conspicuously specified on the label of any package that is kept, offered, exposed for sale, or sold 
anywhere other than the premises where packed.  The name shall be the actual corporate name, or, w hen not 
incorporated, the name under which the company does business.  This declaration does not have to appear on the principal display panel.  
 
For exampleE xample : 
Chamois Tanning Company  
8190 Main Road  
Tarpon Springs, FL  34568  
 
The address shall include  street address, city, state (or country if outside the United States), and ZIP Code (or 
the postal code, if any, used in countries other than the United States); however, the street address may be 
omitted if it is shown in a current city directory or tele phone directory.  
 
Sample Labels  
 
1. If one natural chamois is in a see through package, the following label would be acceptable:  
 
Natural Chamois Leather  
 
Distributed by:  
Chamois Leather Co.  
8190 Main Road  
Tarpon Springs, FL  34568  
 
7 ft2 (65 dm2) 
 
2. The next sample would apply if one chamois is in a package and the statement of identity does not clearly 
express the fact the package only contains one unit.  
 
Chamois  
 
Chamois Leather Company  
8190 Main Road  
Tarpon Springs, FL  34568  
 
One Chamois  
 
3 ft2 (27.8 dm2) NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 2.6.15.  Labeling Guidelines for Natural and Synthetic Sponges . 
(L&R, 1999, p. L&R -31) 
 
These requirements are based on the Uniform Packaging and Labeling Regulation in NIST Handbook 130, 
“Uniform Laws and Regulations” and regulations and guidelines of the Federal Trade Commission.  All indicated 
dimensions and conversions from metric to U.S. customary units are approximate only and are used for illustration 
purposes onl y. 
 
General  
 
The following information must be declared on the principal display panel (PDP) of a package of sponge(s).  The 
PDP is the part of label (or package) most likely to be displayed, presented, shown to or examined by consumers.  A tag or spot lab el may be used.  
 
• Identity – what the package contains  
 • Net Quantity of Contents –  how many items in the package and the dimensions of the item(s)  
 
The following information may appear anywhere on the package.  
 
• Responsibility – the name of the process or or distributor  
 
2.6.15.1.  Declaration of Identity.  
 
a. A declaration of identity that clearly describes the origin and other relevant information about the 
sponge must appear on the label of each package.  The identity of a sponge must include informa tion 
about its origin (i.e., is it a natural or synthetic sponge).  The identity shall be in terms of (i)  the name 
specified in or required by applicable federal or state law or regulation, or (ii)  the common or usual 
name, or (iii) the generic name or oth er appropriate description.  
 
For exampleE xample : 
 
Sea Wool Sponge, Rock Island Sponge, Sea Grass Sponge, Sea Yellow Sponge, or Atlantic Silk 
Sponge  
 
• Origin - Natural or Synthetic  
 • For natural sponges, the label must specify if they are “Cut” or “Form.”  “Cut” sponges are those 
that have been cut into halves, quarters, or fourths while “forms” ar e whole sponges.  
 
• For natural sponges, indicate type of sponge (e.g., “silk,” “seawool,” or “yellow”)  
 
b. Identifiers  
 
• Terms which indicate locations of origin on some natural sponges (e.g., “Atlantic Sea Sponge”) are permitted to be used for identific ation if they accurately describe the source of the sponge.  
 • Use of terms that may be interpreted by consumers to imply quality, durability, or “expert” 
endorsement (e.g., “professional quality sponge”) are permitted as identifiers if they are not 
mislea ding.  However, terms that imply quality should be used with care if they are not based on a 
recognized grading system.  Use of terms to describe sponge texture such as “fine,” “medium,” or 
“coarse” are acceptable.  
 2.6.15.2.  Declaration of Net Quantity of Contents.  – The following information must appear on the lower 
30 % of the principal display panel of all packages:  
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 • Count  
 
The package must include a count declaration (e.g., 1 sponge) unless the statement of identity clearly 
expresses the fact that only one unit is contained in the package.  A package containing two or more 
units shall bear a statement in terms of count (e.g., 2  sponges).  
 
• Dimensions  
 
The package must include the dimensions of the sponges in inches and centimeters.  
 
 To facilitate value comparison and simplify the 
measurement process, sponges should be measured 
in ½  in (1  cm) increments.  Dimensions should be 
rounded down to avoid overstating the size of a 
sponge.  
 
Example:  
• 6 in, 6½  in, and 7 in for inch declarations;  
• 15 cm, 16  cm, and 17 cm for metric 
declarations  
Silk Sponges   
 
• Synthetic sponges:  the dimensions shall include length x × width x× height (thickness).  Either unit of 
measure can be the primary declaration (e.g., the metric or U.S. customary  units can be presented first).  
 
 1   Sponge sponge  17 x× 10 x× 5 cm (7 x × 4 x× 2 in)  
 
• Natural sponges:  the declaration shall be a single measurement representing the maximum dimension 
of one axis of a sponge that is passed through a circular template.  When measured, the sponge is 
“classified” as a specific size when at least three (including two opposing) points of the sponge touch 
the tem plate (e.g., see graphic on the following page where the sample sponge is designated as a 7 in 
[17 cm] sponge).  
 
As the following pictures show, natural sponges are irregular in size and shape and have traditionally been 
measured using this procedure.  It is difficult to develop a meaningful or cost effective measurement 
process that would provide a means of direct comparison between synthetic and natural sponges based on 
dimensions.  Requiring declarations, such as average height, length, or width of natur al sponge procedures 
would increase the costs for industry and consumers.  
 
 
 
Sea Wool Sponges  Sea Grass Sponges  
 NCWM Policy, Interpretations, and Guidelines   Handbook 130 –  20152016  
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 This graphic illustrates an irregular form of a natural sponge passing through a 1 7 cm (7 in) template and 
touching at least two opposite points.  This sponge could be labeled 7 in. 
 
 
 
• For banana sponges the size will be determined as shown below.  This sponge is 1 7 cm (7 in). 
 
 
  
 
Good Measurement Practice  
 
• Dimensions are determined with the sponge wet.  
 
• Measuring templates (see photo below for the currently used type templates):   Handbook 130 –  20152016  NCWM Policy, Interpretations, and Guidelines  
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- should be constructed of rigid metal or plastic material.  
 
- circular openings should graduate  in increments of 
one-half inch (one centimeter) . 
 
- The error in the circular openings shall not be greater than 
± 1/32 in (±  0.79 mm) as specified in Table  2. Tolerances in 
Section  5.52. Linear Measures of NIST Handbook 44 
“Specifica tions, Tolerances, and Technical Requirements 
for Weighing and Measuring Devices.”  
 
 Prohibited Labeling Practices  
 
• Stating country of origin declarations that are not accurate.  
 
• Declaring ranges of dimensions (e.g., 4″ - 5″ in) or using terms such as “half or semi form” instead of 
either “cut” or “form.”  
 
• Using qualifying terms . (e.g., “Wet Size,” “Approximate” or “Jumbo”)  
 
• “Anti-bacterial ” claims must meet EPA  requirements.  
 
• Using type size that does not meet minimum height requirements.  
 
• Using unacceptable symbols (e.g., using (") as a symbol for inches is not acceptable).  
 
2.6.15.3.  Declaration of Responsibility.  – The name and address of the processor or distributor must be 
specified on the label of any package that is kept, offered, or exposed for sale, or sold anywhere other than the 
premises where packed.  The name shall be the actual corporate name or, when not incorporated, the name 
under which the business is conducted.   
 
For example:  
 
Example:  
Processed by  
Argonaut Sponge Company  
8190 Main Road  
Tarpon Springs, Florida  34568 
 
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 The address shall include street address, city, state (or country if outside the United States), and ZIP Code (or 
the postal code, if any, used in countries other than the United States); however, the street address may be 
omitted if this is shown in a current city directory or telephone directory.  
 
Sample Labels  
 
Yellow Sponge Cut  
 
Argonaut Sponge Company  
8190 Main Road  
Tarpon Springs, FL  34568  
 
One - 17.5 cm (7 in)   If a natural sponge is in a box, carton, or package that 
does not permit consumers to see how many sponges are 
in the box, the package must include a count declaration 
(e.g., 1  sponge) unless the statement of identity clearly 
expresse s the fact that only one unit is contained in the 
package.  A package containing two or more units shall 
bear a statement in terms of count (e.g., 2 sponges).  The 
following sample label would apply.  
   
Synthetic Sponge  
 
Made by:  
Argonaut Sponge Company  
8190 Main Road  
Tarpon Springs, FL  34568  
 
17.7 x× 10 x× 5 cm  (7 x × 4 x× 2 in)   Synthetic Sponge  
 
Made by:  
Argonaut Sponge Company  
8190 Main Road  
Tarpon Springs, FL  34568  
 
1 - Sponge  17.7 cm x× 10 x× 5 cm  
(7 in x× 4 in x× 2 in) 
 
If a package does not permit the consumer to see how many sponges are the box, it must include a count declaration (e.g., 1  sponge) unless the statement of identity clearly expresses the fact that only one unit is 
contained in the package.  A package containing two or more unit s shall bear a statement in terms of count (e.g., 
2 sponges).  A transparent bag of small pieces of sponge may be sold on the basis of count if the words 
“Irregular Dimensions” appear in conjunction with the declaration of count (e.g., 10 Sponges - Irregul ar 
Dimensions).  
2.6.16.  Minimum Fuel Flush for Octane Verification . 
(L&R, 2000, p. L&R -13) 
 
A minimum of 1.2  L (0.3  gal) of motor fuel shall be flushed from a dispenser before taking a sample for octane 
verification.  The flush shall be returned to the storage tank containing the lowest octane.  
 
  
 
 
 
 
 
   
 
  
 
  
 
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