CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE  
Fireplace and Stove Wood  
CCR Title 4, § §  4530  - 4536.2  
 
NOTICE OF PROPOSED RULEMAKING  ACTION  
December 27, 2019  
The Ca
lifornia Department of Food and Agriculture (Department) proposes to amend 
California Code of Regulations (CCR) Title 4 , §§ 4530 through 4536.2, inclusive, 
relating to the method of sale and test procedures for stacked and packaged natural 
firewood (fireplace and stove wood), manufactured wood (artificial compressed or 
processed logs), stove wood pellets or chips, and wood flavoring chips . 
PUBLIC HEARING 
A public hearing is not scheduled. A public hearing will be held if any interested person 
or his or her duly authorized representative submits to the Department a written request 
for a public hearing no later than 15 days prior to the close of the public comment 
period. Address the written request for a public hearing to the primary contact person 
below. 
WRITTEN COMMENT PERIOD 
Any interested person or his or her authorized representative may submit to the 
Department written comments relevant to the proposed regulatory action by email, fax, 
or mail addressed to the primary contact person listed below . Please include ‘Firewood 
Regulation’ in the subject line of any email, fax, or letter regarding this rulemaking. The 
public comment period begins on December 27, 2019, and closes at 5:00 p.m. on 
February 11, 20 20. 
AUTHORITY/REFERENCE 
The Legislature has charged the Department in Business and Professions Code (BPC) 
Division 5 , § 12100 with the responsibility of supervising weights and measures 
activities in California. The secretary of the Department is granted authority in BPC 
§ 12027 to adopt such regulations as are reasonably necessary to carry out the 
provisions of Division 5. The Department’s authority to promulgate this regulation is 
granted in BPC § 12024.11 mandating the secretary to adopt necessary rules and 
regulations pertaining to the sale or advertisement of firewood products , and to 
standardize quantities of measurement of these commodities . Authority is also provided 
in BPC § 12211 and CCR § 4600, requiring the secretary to adopt and incorporate by 
reference the package checking procedures in the current edition of the National 
Institute of Standards and Technology (NIST ) Handbook 133 , Checking the Net 
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 Contents of Packaged Goods (NIST Handbook 133), “Chapter 3. Test Procedures – For 
Packages Labeled by Volume, Section 3.14. Firewood – Volumetric Test Procedure for 
Packaged Firewood with a Labeled Volume of 113 L [4 ft3] or Less and Stacked 
Firewood Sold by the Cord or Fractions o f a Cord.” . 
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW 
Method of Sale Requirements 
With this rulemaking, the Department proposes to standardize and make consistent the 
state’s method of sale, advertising, and labeling requirements for packaged and non -
packaged firewood in CCR §§ 4530 -4534 with the national uniform model standard for 
fireplace and stove wood. The Department references the 2019 edition of NIST 
Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel 
Quality (NIST Handbook 130 ), “IV. Uniform Regulations, Section B. Uniform Regulation 
for the Method of Sale of Commodities, Section 2. Non- Food Products, Section 2.4. 
Fireplace and Stove Wood.,” inclusive, for the method of sale, advertis ing, and labeling 
requirements of stacked and packaged natural firewood, artificial compressed or 
processed wood, stove wood pellets or chips, and wood flavoring chips. C urrent 
California regulation in CCR § 453 1 requires firewood products to be sold by the cord, 
fraction of a cord, or percentage of a cord; with some exceptions. For example, CCR 
§ 4531 (a) requires natural firewood packaged in quantities less than one- eighth cord to 
be sold in terms of a cubic foot or fraction of a cubic foot , yet it does not include a 
requirement for declaring the packaged quantit y in terms of a liter or fraction of a liter. 
In 2016, the National Conference on Weights and Measures (NCWM) changed NIST 
Handbook 130 requirements for the method of sale of natural firewood and wood 
flavoring chips packaged in quantities less than one- eighth cord to be advertised and 
sold in terms of a liter or fraction of a liter , and permissively to include a declar ation of 
quantity in terms of a cubic foot or fraction of a cubic foot . This change created 
significant conflict between the national uniform model standard and California’s 
regulation. The Department proposes to remove current California regulation and adopt 
and incorporate by reference the 2019 edition of NIST Handbook 130 for the method of 
sale of firewood. Doing so will align California ’s method of sale, advertising, and labeling 
requirements with the rest of the U.S. 
Volumetric Sampling and Test Procedures 
In 1991, the Department was ordered by the California Superior Court to adopt 
necessary rules and regulations pertaining to the sale or advertisement of firewood products, and to standardize quantities of measurement of those commodities . 
Concurrently and unrelated , the Department was in the process of adopt ing in 
regulation all requirements in NIST Handbook 133 in CCR § 4600 . However, at that 
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 time, NIST Handbook 133 did not include a national uniform model standard for 
volumetric sampling and test procedures for stacked and packaged firewood. To fulfil 
the court order, in 1996, the Department cooperatively worked with the firewood 
industry to draft volumetric sampling and test procedures for stacked and packaged 
natural firewood. The Department adopted that regulation in CCR §§ 4535 -4536.2 , 
inclusive . Two years later , California’s regulation was presented to NCWM to be 
considered for adoption in NIST Handbook 133. It was adopted that year and published 
in the 1999 edition of NIST Handbook 133. Pursuant to CCR § 4600, the Department 
already adopts the current edition of NIST Handbook 133, so when NCWM changed the 
national uniform model standard for firewood test procedures, it inadvertently allowed 
for duplication and conflict of the test procedu res in CCR §§ 4534 -4536.2, inclusive. 
Being that they were identical at the time, there wasn’t a real concern to correct the 
duplication. Subsequently, NCWM has modified the sampling and test procedures for 
firewood in NIST Handbook 133 causing the natio nal uniform model standard adopted 
in CCR § 4600 to be slightly different than the test procedures in CCR §§ 4534 -4536.2, 
inclusive . 
Consequently, by complying with one they are in violation of the other, and vise versa. 
Several counties have expressed confusion whether to follow the latest procedures 
published in NIST Handbook 133, pursuant to BPC § 12221 and CCR § 4600, or those 
adopt ed in CCR §§ 4535 -4536.2, inclusive. Some weights and measures officials 
throughout the state are susceptible to misinterpreting and inconsistently applying the 
dissimilar regulations compared to their counterparts elsewhere in the state . The 
firewood industry may not be uniformly regulated throughout the state as a result of the 
differences with the two regulations. To resolve the regulatory conflict and remove the 
confusion, t he Department proposes to repeal CCR §§ 4535 -4536.2 , inclusive. 
Repealing these sections and deferring to the national uniform model standard 
published in the current edition of NIST Handbook 133 will har monize California 
regulation with other states . 
Anticipated Benefits of the Proposed Regulation 
The proposed regulation standardizes the unit of measure on the labels and packages 
of firewood products nationwide. Weights and measures officials in California will have 
clear test procedures that are identical to those applied throughout the state and in 
other states that adopt NIST Handbook 133. 
The packaged natural firewood industry in California will benefit from the proposed 
regulation by complying with the method of sale requirements adopted in NIST Handbook 130. The fireplace and stove wood industies can confidently sell firewood products both in California and across the country using the same advertising and 
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 package labeling. This proposed regulation also removes confusion and conflict with 
differing requirements in the national uniform model standard and California regulation. Following NIS T Handbook 133 regarding sampling and test procedures for firewood 
provides the firewood industry and state and county officials with uniform procedures to apply nationwide. 
The proposed regulation strengthens consumer confidence and improves the 
marketpl ace. Harmonization with the national uniform model standard provides 
consumers a similar basis of value comparison by having the same unit of measure 
declared on package labeling. The Department believes thi s will lead to greater 
consumer satisfaction and maintain demand for stacked and packaged natural firewood , 
artificial compressed or processed logs, stove wood pellets or chips, and wood flavoring 
chips. 
The Department determines there will be no significant benefit to the health and welfare 
of Californ ia residents, worker safety, and the state’s environment due to the adoption of 
this regulation. 
Consistency and Compatibility with Existing State and Federal Regulations 
The Department has determined that this proposed regulation harmonizes method of 
sale, advertising, and labeling requirements , and removes existing inconsistencies and 
dissimilarities of firewood test procedures in the California Code of Regulations . The 
Department is the only state agency with the authority to regulate firewood and stove 
wood sold in California . The Department determines that there are no other regulations 
regarding the method of sale , advertising, and labeling requirements, or sampling and 
test procedures of firewood and stove wood than those referenced above. 
The proposed changes to this regulation do not conflict with any federal regulations 
contained in the Code of Federal Regulations. The Department is not aware of any 
Federal laws or regulations relating to the advertising and testing of firewood and stove wood products, and this rulemaking is not mandated by federal law or regulation. 
DOCUMENTS ADOPTED AND INCORPORATED BY REFERENCE 
The following document s are adopted and incorporated by reference in this proposed 
regulation: 
The 2019 edition of NIST Handbook 130, Uniform Laws and Regulations in the Areas of 
Legal Metrology and Fuel Quality (NIST Handbook 130), “IV. Uniform Regulations, 
Section B. Uniform Regulation for the Method of Sale of Commodities, Section 2. Non-
Food Products, Section 2.4. Fireplace and Stove Wood.,” inclusive. 
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 The current edition of NIST Handbook 133, Checking the Net Contents of Packaged 
Goods , “Chapter 3. Test Procedures – For Packages Labeled by Volume, Section 3.14. 
Firewood – Volumetric Test Procedure for Packaged Firewood with a Labeled Volume 
of 113 L [4 ft3] or Less and Stacked Firewood Sold by the Cord or Fractions of a Cord.” 
is already adopted and incorporated by reference in CCR § 4600. 
LOCAL MANDATE , FISCAL IMPACT , and HOUSING COSTS 
The Department determines that because the proposed regulation only makes technical 
changes by modifying the state’s method of sale, advertising, and labeling requirements, and the sampling and test procedures, it: 
1. Does not impose a mandate on local agencies or school districts; 
2. Does not incur costs to any local agency or school district requiring 
reimbursement pursuant to Government Code §§ 17500 et seq.; 
3. Does not incur costs or savings to any state agency; 
4. Does not incur other non- discretionary costs or savings imposed on local 
agencies; 
5. Does not incur costs or savings in federal funding to the state; and 
6. Does not have a significant ef fect on housing costs. 
STATEWIDE ADVERSE ECONOMIC IMPACT 
This proposed regulation will have a nominal impact on small and large businesses. 
However, the Department initially determines that impact is not a significant, statewide 
adverse economic impact directly affecting California businesses, large or small, 
including the ability of California businesses to compete with businesses in other states. The costs incurred are nominal. 
RESULTS O F ECONOMIC IMPACT ASSESSMENT 
The Department determines that because the proposed regulation only makes technical 
changes by modifying the state’s method of sale, advertising, and labeling requirements, and the sampling and test procedures, it: 
1. Does not create or eliminate jobs in California; 
2. May create new businesses in California that have not previously done business 
in California because of differences with California’s current regulation compared to the national uniform model standards. The proposed regulation will not eliminate existing businesses in California; and 
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 3. May allow for the expansion of businesses in California, to do business in other 
states that have also adopted firewood requirements in NIST Handbooks 130 and 133. 
Other Anticipated Benefits of this Regulation 
In addition to the anticipated benefits mentioned above, t he Department determines 
there will be no other significant benefit s to the health and welfare of California 
residents, worker safety, and the state’s environment due to the adoption of this 
regulation. 
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS , 
INCLUDING SMALL BUSINESSES 
The Department is aware of nominal costs imposed on large and small businesses to 
comply with the method of sale requirements of this proposed regulation. In compliance 
with current state regulation, many firewood businesses in California , large and small, 
sell firewood packaged in quantities less than one- eighth cord in terms of a cubic foot or 
fraction of a cubic foot , and not in terms of a liter or fraction of a liter . Large and small 
businesses that do not already advertise in terms of a liter or fraction of a liter will have 
to modify their labeling and advertising to sell packaged quantit ies in terms of a liter or 
fraction of a liter . The Department determine s that at nominal cost the firewood industry 
can easily switch from selling firewood in terms of a cubic foot or fraction of a cubic foot 
to terms of a liter of fraction of a liter. 
There will not be a direct economic impact to any California business , large or small, 
due to the proposed changes to the firewood sampling and test procedures . The 
Departm ent is not aware of any direct or indirect economic impact to private persons 
because of this proposed regulation. The Department believes the retail price of 
fireplace and stove wood will not be directly affected. 
REPORTING REQUIREMENTS 
This proposed regulation does not mandate reporting requirements. 
CONSIDERATION OF ALTERNATIVES 
Government Code § 11346.5 (a)(13 ) requires that the Department must determine that 
no reasonable alternative it considered or that has otherwise been identified and 
brought to its attention would be more effective in carrying out the purpose for which the 
action is proposed, would be as effective and less burdensome to affected private 
persons than the proposed action, or would be more cost -effective to affected private 
persons and equally effective in implementing the statutory policy or other provision of 
law. 
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 The Department invites interested persons to present statements or arguments with 
respect to alternatives to the proposed regulation during the written comment period. 
CONTACT INFORMATION 
Primary and Secondary Contact s: 
Samuel Ferris, Senior Environmental Scientist (Specialist) 
Kevin Schnepp, Environmental Program Manager I 
California Department of Food and Agriculture 
Division of Measurement Standards 
6790 Florin Perkins Road, Suite 100 
Sacramento, CA 95828- 1812 
Main: (916) 229- 3000 
Fax: (916) 229- 3055 
Email: dms@cdfa.ca.gov 
AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED 
REGUL ATIONS, AND RULEMAKING FILE 
The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at the above address. As of the date this notice is published in the California Regulatory Notice Registe r, the rulemaking file consists of 
this notice, the proposed text of the regulation, the I nitial Statement of Reasons, and all 
supporting documents and information relied upon in the development of this proposed 
regulation. Please submit a request to the address above to receive a copy of the 
rulemaking file. 
AVAILABILITY OF CHANGED OR MODIFIED TEXT 
After receiving and considering all timely and relevant comments, the Department may 
adopt the proposed regulation substantially as described in this notice. If, however, the 
Department makes modifications which are sufficiently related to the originally proposed 
text, it will make the modified text (with changes clearly indicated) available to the public 
for at least 15 days before the Department adopts the modified regulation. Please 
submit a request to the above address for a copy of the modified text of the regulation. 
Include ‘Firewood Regulation’ in the subject line of any email, fax, or letter regarding this 
rulemaking. 
AVAILABILITY OF THE FINAL STATEMENT OF REASONS 
Upon its completion, a copy of the Final Statement of Reasons may be obtained by 
submitting a request to the above address. 
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 AVAILABILITY OF DOCUMENTS ON THE INTERNET 
The Department posts electronic copies of this rulemaking file on its website at : 
www.cdfa.ca.gov/dms/regulations.html 
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