I

/

U. S. DEPARTMENT OF COMMERCE

NATIONAL BUREAU OF STANDARDS

REPORT OF THE

THIRTY-THIRD NATIONAL CONFERENCE

ON

WEIGHTS AND MEASURES

ATTENDED BY REPRESENTATIVES

FROM VARIOUS STATES

SPONSORED BY THE NATIONAL BUREAU OF STANDARDS

WASHINGTON, D. C, SEPTEMBER 22, 23, 24, and 25, 1947

MISCELLANEOUS PUBLICATION M189



U. S. DEPARTMENT OF COMMERCE

CHARLES SAWYER, Secretary

NATIONAL BUREAU OF STANDARDS

E. U. CONDON. Director

MISCELLANEOUS PUBLICATION Ml 89

REPORT OF THE

THIRTY-THIRD NATIONAL CONFERENCE

ON

WEIGHTS AND MEASURES

ATTENDED BY REPRESENTATIVES

FROM VARIOUS STATES

SPONSORED BY THE NATIONAL BUREAU OF STANDARDS

WASHINGTON, D. C, SEPTEMBER 22, 23, 24, and 25, 1947

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1948

For sale by the Superintendent of Documents, U. S. Government Printing Office, Washington 25» D. C«

Price 40 cents



OFFICERS AND COMMITTEES

OFFICERS

(Present and serving during the Thirty-Third National Conference)

President: E. U. Condon, Director, National Bureau of Standards, Washington,

D. C. Vice Presidents:

Nalls Berryman, Supervisor, State Division of Weights and Measures,

Tallahassee, Fla.

J. F. Blicklet, Director, State Bureau of Standard Weights and Measures,

Harrisburg, Pa.

J; A. Boyle, City Sealer of Weights and Measures, Portland, Maine.

C. M. Fuller, County Sealer of Weights and Measures, Los Angeles, Calif. C. C. Morgan, City Sealer of Weights and Measures, Gary, Ind.

Secretary: R. W. Smith, National Bureau of Standards, Washington, D. C. Treasurer: G. F. Austin, Jr., Deputy Sealer of Weights and Measures, Detroit,

Mich.

(As elected by the Thirty-Third National Conference for the ensuing year)

President: E. U. Condon, Director, National Bureau of Standards, Washington,

D. C. Vice Presidents:

R. S. Ackerman, Superintendent, City Department of Licenses, Weights, and

Measures, Minneapolis, Minn.

Nalls Berryman, Supervisor, State Division of Weights and Measures,

Tallahassee, Fla. V. D. Campbell, Deputy State Sealer, Columbus, Ohio.

E. R. Fisher, State Sealer of Weights and Measures, Providence, R. I.

I. R. Shultz, City Inspector of Weights and Measures, York, Pa. Robert Williams, County Sealer of Weights and Measures, Mineola, N. Y.

Secretary: R. W. Smith, Chief, Office of Weights and Measures, National Bureau

of Standards, Washington, D. C. Treasurer: G. F. Austin, Jr., Deputy Sealer of Weights and Measures, Detroit,

Mich.

EXECUTIVE COMMITTEE

(As elected by the Thirty-Third National Conference)

E. U. Condon

R. S. Ackerman

Nalls Berryman

V. D. Campbell

E. R. Fisher

I. R. Shultz

Robert Williams

R. W. Smith

G. F. Austin, Jr.,

>Ex officio.

C' A. Bafer, Director, State Bureau of Weights and Measures, Albany, N. Y.

C. D. Baucom. State Superintendent of Weights and Measures, Raleigh, N. C.

J. E. Brenton, Chief, State Bureau of Weights and Measures, Sacramento, Calif. H. E. Crawford, City Inspector of Weights and Measures, Jacksonville, Fla.

M. C. Griffin, County Sealer of Weights and Measures, Hartford, Conn.

Joseph Giuliano, State Superintendent of Weights and Measures, Trenton, N. J. Erling Hansen, State Supervisor of Weights and Measures, Minneapolis, Minn.

in •
OFFICERS AND COMMITTEES

W. A. Jones, City Sealer of Weights and Measures, Waterville, Me.

G. E. Leithauseb, Senior Assistant Superintendent of Weights and Measures,

City of Baltimore, Md.

B. A. Pettit, Inspector of Weights and Measures, District of Columbia, Washington, D. C.

G. A. Ritchey, Administrative Assistant, State Division of Standards, Springfield, 111. W. H. Roberts, County Inspector of Weights and Measures, Terre Haute, Ind.

R. K. Slough, City Sealer of Weights and Measures, Akron, Ohio.

R. D. Thompson, State Supervisor of Weights and Measures, Richmond, Va.

S. H. Wilson, State Oil Chemist, Atlanta, Ga.

STANDING COMMITTEES

(Including appointments announced at the Thirty-Third National Conference.

The term of office, in years, as determined by lot at the Thirty-Third National

Conference, is shown by the figure in parenthesis following each entry. See

pages 2-3 and 14-16 of this report.)

COMMITTEE ON SPECIFICATIONS AND TOLERANCES

J. P. McBbide, State Director of Standards and Necessaries of Life, Boston,

Mass., Chairman. (5) Nalls Berryman, Supervisor, State Division of Weights and Measures, Tallahassee, Fla. (4) G. F. Austin, Jr., Deputy City Sealer of Weights and Measures, Detroit, Mich. (3) R. W. Smith, Chief, Office of Weights and Measures, National Bureau of Standards, Washington, D. C, Secretary. (2) C. M. Fuller, County Sealer of Weights and Measures, Los Angeles, Calif. (1) COMMITTEE ON METHODS OF SALE OF COMMODITIES

J. G. Rogers, Deputy State Superintendent of Weights and Measures, Trenton,

N. J., Chairman. (7) C. D. Baucom, State Superintendent of Weights and Measures, Raleigh, N. C. (6) L. R. Roper, City Supervisor of Licenses and Standards, Seattle, Wash. (5) R. S. Ackerman, Superintendent, City Department of Licenses, Weights, and

Measures, Minneapolis, Minn. (4) J. F. Blickley, Director, State Bureau of Standard Weights and Measures,

Harrisburg, Pa. (3)

J. A. Boyle, City Sealer of Weights and Measures, Portland, Maine. (2) F. J. Young, County Sealer of Weights and Measures, Rochester, N. Y. (1) COMMITTEE ON LEGISLATION

R. E. Meek, Acting Director, State Division of Weights and Measures, Indianapolis, Ind., Chairman. (7) J. R. Booth, City Sealer of Weights and Measures, Haverhill, Mass. (6) C. A. Baker, Director, State Bureau of Weights and Measures, Albany, N. Y. (5) L. E. Witt, City Sealer of:Weights and Measures, Milwaukee, Wis. (4) J. A. Bernard, City Commissioner of Weights and Measures, St. Louis, Mo. (3) F. C. Yarbrough, City Inspector of Weights and Measures, Charlotte, N. C. (2) V. D. Campbell, Deputy State Sealer, Columbus, Ohio. (1) COMMITTEE ON WEIGHTS AND MEASURES EDUCATION

W. S. Bussey, Chief, State Division of Weights and Measures, Austin, Texas,

Chairman. (7) G. E. Carpenter, State Supervisor of Weights and Measures, Montpelier, Vt. (6)

J. T. Kennedy, Director of Weights and Measures, District of Columbia, Washington, D. C. (5) E. F. Usher, City Sealer of/Weights and Measures, Highland Park, Mich. (4) Robert Williams, County Sealer of Weights and Measures, Mineola, N. Y. (3)

J. M. Paddock, State Superintendent of Standards, Springfield, 111. (2) R. D. Thompson, State Supervisor of Weights and Measures, Richmond, Va. (1)
OFFICERS AND COMMITTEES V

COMMITTEE ON TRADING BY WEIGHT

J. H. Meek, Director, State Division of Markets, Richmond, Va., Chairman. (5) Erling Hansen, Supervisor, State Department of Weights and Measures,

Minneapolis, Minn. (4) H. K. Thatcher, Director, State Division of Agriculture and Industry, Little

Rock, Ark. (3)

J. E. Brenton, Chief, State Bureau of Weights and Measures, Sacramento.

Calif. (2) A. J. Jensen, Chief State Inspector of Weights and Measures, Jamestown,

N. D. (1) COMMITTEES ACTING ONLY DURING THE THIRTY-THIRD NATIONAL

CONFERENCE

Committee on Abominations: V. D. Campbell of Ohio, Chairman; W. S. Bussey

of Texas; M. C. Griffin of Hartford County, Conn.; Erling Hansen of Minnesota; J. T. Kennedy of the District of Columbia; J. P. McBride of Massachusetts; E. F. Usher of Highland Park, Mich.

Committee on Resolutions: L. E. Witt of Milwaukee, Wis., Chairman; Nalls

Berryman of Florida; J. E. Brenton of California; E. R. Fisher of Rhode

Island; J. C. Mays of Miami, Fla.; R. W. Searles of Medina County, Ohio;

I. R. Shultz of York County, Pa. In charge of Registrations: W. T. McCormac and Miss C. M .Watts.
PERSONS ATTENDING THE CONFERENCE

DELEGATES—STATE, CITY, AND COUNTY OFFICIALS

CALIFORNIA

State James E. Brenton, Chief, Bureau of Weights

and Measures, Department of Agriculture, Mull Building, Sacramento.

County: Los Angeles Charles Morris Fuller, Sealer of Weights

and Measures, 501 New High Street, Los

Angeles.

CONNECTICUT

State Frank M. Greene, Deputy Commissioner,

Food and Drug Commission, State Office

Building, 165 Capitol Avenue, Hartford.

City: Hartford Nathan Kalechman, Sealer of Weights and

Measures, Municipal Building.

County: Tolland William F. Masinda, Sealer of Weights and

Measures, West Wellington.

DISTRICT OF COLUMBIA

District J. Thomas Kennedy, Director, Department

of Weights, Measures, and Markets, 300

Indiana Avenue NW., Washington.

James G. Dance, Deputy Director, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

John M. Boucher, Senior Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

Fenton C. Harbour, Inspector and Investigator, Department of Weights, Measures,

and Markets, 300 Indiana Avenue NW.,

Washington.

William H. Jennings, Inspector and Investigator, Department of Weights, Measures, and Markets, 300 Indiana Avenue

NW., Washington.

John W. Murdock, Inspector and Investigator, Department of Weights, Measures,

and Markets, 300 Indiana Avenue NW.,

Washington.

Walter W. Brandt, Inspector, Department

of Weights, Measures, and Markets, 300

Indiana Avenue NW., Washington.

Leo F. Brooks, Inspector, Department of

Weights, Measures, and Markets, 300

Indiana Avenue NW., Washington.

William T. Brunson, Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

Walter R. Cornelius, Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

VI
PERSONS ATTENDING THE CONFERENCE VII

DISTRICT OF COLUMBIA—Continued

District—Continued Theodore B. Middleton, Inspector, Department of Weights, Measures, and

Markets, 300 Indiana Avenue NW.,

Washington.

Ralph A. Montgomery, Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

Bernard A. Pettit, Inspector, Department

of Weights, Measures, and Markets, 300

Indiana Avenue NW., Washington. ; G. Stuart Reeder, Inspector, Department

of Weights, Measures, and Markets, 300

Indiana Avenue NW., Washington.

Francis M. Warner, Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

Woodeow W. Wells, Inspector, Department of Weights, Measures, and Markets,

300 Indiana Avenue NW., Washington.

FLORIDA

Nalls Berryman, Supervisor, Weights and

Measures Division, Department of Agriculture, Nathan Mayo Building, Tallahassee.

Howard E. Crawford, Inspector of Weights

and Measures, Utilities Building.

John C. Mays, Inspector of Weights and

Measures, County Court House.

GEORGIA

State S. H. Wilson, State Oil Chemist, Department of Revenue, Room 524, State Office

Building, Atlanta.

ILLINOIS

State James M. Paddock, Superintendent of Standards, Department of Agriculture,

Armory Building, Springfield.

George A. Ritchey, Administrative Assistant, Division of Standards, Department

of Agriculture, Armory Building, Springfield. John Mooberry, Weights and Measures

Calibrator, Division of Standards, Department of Agriculture, Armory Building, Springfield.

INDIANA

State Rollin E. Meek, Acting Director, Division

of Weights and Measures, Board of Health, State House Annex, Indianapolis.

City: Gary C. C. Morgan, Sealer of Weights and

Measures, City Hall.

County: Vigo William H. Roberts, Inspector of Weights

and Measures, Court House, Terre Haute.

KENTUCKY

State J. E. Johnston, Director, Division of Weights

and Measures, Department of Agriculture,

Frankfort.

State

City:

Jacksonville

Miami
VIII PERSONS ATTENDING THE CONFERENCE

MAINE

City:

Portland James A. Boyle, Sealer of Weights and Measures, Room 3, City Building.

Waterville William A. Jones, Sealer of Weights and Measures,

City Hall.

MARYLAND

State Howard L. Stier, Head, Department of Markets, University of Maryland, College Park.

City: Baltimore George H. Leithauser, Senior Assistant Superintendent of Weights and Measures, 1106 Municipal Building.

John F. Brown, Inspector of Weights and Measures,

1106 Municipal Building.

Charles G. Crockett, Inspector of Weights and Measures, 1106 Municipal Building.

John R. Graeff, Inspector of Weights and Measures,

1106 Municipal Building.

Edwin E. Jaffa, Inspector of Weights and Measures,

1106 Municipal Building.

Milton S. Krause, Inspector of Weights and Measures,

1106 Municipal Building.

Joseph H. Moss, Inspector of Weights and Measures,

1106 Municipal Building.

Fred J. O'Gorman, Inspector of Weights and Measures,

1106 Municipal Building.

Elmer S. Pierpont, Inspector of Weights and Measures,

1106 Municipal Building.

Henry J. Slitzer, Inspector of Weights and Measures,

1106 Municipal Building.

County: Baltimore.. Christian G. Link, Acting Chief Inspector of Weights

and Measures, Offutt Building, Towson.

George A. Klein, Inspector of Weights and Measures,

Offutt Building, Towson.

MASSACHUSETTS

State John P. McBride, Director of Standards and Necessaries

of Life, Department of Labor and Industries, 194 State

House, Boston.

James J. Dawson, Inspector, Division of Standards,

Department of Labor and Industries, 194 State House,

Boston.

City:

Haverhill John R. Booth, Sealer of Weights and Measures, Court

Street. Salem Edward H. Jtjdkins, Sealer of Weights and Measures,

174 Bridge Street. Somerville John F. Casey, Sealer of Weights and Measures-, City

Hall.

Springfield Carl E. Hawkins, Sealer of Weights and Measures,

Administration Building.

MICHIGAN

State Clifford Bracy, Assistant Chief, Bureau of

Foods and Standards, Department of

Agriculture, Lansing.

City:

Detroit George F. Austin, Jr., Deputy Sealer of

Weights and Measures, 740 Elmwood

Avenue.

Ferndale George W. Martin, Sealer of Weights and

Measures, City Hall.

Grand Rapids Otto F. Skodsholm, Sealer of Weights and

Measures, 301 Market Street SW.

Hamtramck Ben J. Czerniawski, Sealer of 'Weights and

Measures, 2963 Dan Avenue.
PERSONS ATTENDING THE CONFERENCE IX

MICHIGAN—Continued

City—Continued

Highland Park Edmund F. Usher, Sealer of Weights and

Measures, 25 Gerald Avenue.

Lansing Willahd P. Babnes, Sealer of Weights and

Measures and Market Master, 333 North

Cedar Street. MINNESOTA

State Erling Hansen, Supervisor, Department of

Weights and Measures, Railroad and

Warehouse Commission, 216 Corn Exchange, Minneapolis.

C. I. Hoel, Inspector, Department of

Weights and Measures, Railroad and

Warehouse Commission, 216 Corn Exchange, Minneapolis.

City: Minneapolis Russell S. Ackerman, Superintendent,

Department of Licenses, Weights, and

Measures, Room 3, City Hall.

MISSOURI

City: St. Joseph John R. Dallenback, License Inspector,

City Hall.

NEW JERSEY

State Joseph Giuliano, Superintendent, Department of Weights and Measures, 187 West

Hanover Street, Trenton.

Joseph G. Rogers, Deputy Superintendent,

Department of Weights and Measures,

187 West Hanover Street, Trenton.

Archie T. Smith, Assistant Superintendent,

Department of Weights and Measures,

187 West Hanover Street, Trenton.

Samuel H. Christie, Jr., Senior Inspector,

Department of Weights and Measures,

187 West Hanover Street, Trenton.

City:

Camden Henry W. Aitken, Superintendent of

Weights and Measures, City Hall.

Jersey City John S. Burke, Superintendent of Weights

and Measures, City Hall.

Trenton Francis J. Black, Superintendent ofWeights

and Measures, 29 West Hanover Street. Union City Alfred O. Oslund, Superintendent of

Wreights and Measures, Municipal Building.

County

Camden Albert C. Becker, Superintendent of • Weights and Measures, Camden.

Cape May Gilbert S. Smith, Superintendent cf

Weights and Measures, 183 Twelfth

Street, Avalon.

Cumberland Alfred Lirio, Superintendent of Weights

and Measures, Court House, Bridgeton.

Mercer Ralph M. Bodenweiser, Superintendent of

Weights and Measures, Court House,

Trenton.

Morris Del G. Nelson, Superintendent of Weights

and Measures, Court House, Morristown.

Union James M. Dietz, Superintendent of Weights

and Measures, Court House, Elizabeth.

Township: North Bergen Arthur Sullivan, Superintendent of

Weights and Measures, Municipal Building.
X PERSONS ATTENDING THE CONFERENCE

NEW YORK

State C. A. Baker, Director, Bureau of Weights

and Measures, Department of Agriculture

and Markets, State Office Building, Albany.

John J. Leonard, Supervising Inspector,

Bureau of Weights and Measures, Department of Agriculture and Markets,

State Office Building, Albany.

Matthew G. Rice, Inspector, Bureau of

Weights and Measures, Department of

Agriculture and Markets, 8 Marlette

Place, White Plains.

Glen Cove Walter Miller, Sealer of Weights and

Measures, 6 Continental Court.

Middletown James E. Newsome, Sealer of Weights and

Measures, 46 California Avenue.

Poughkeepsie Stanley R. Clark, Sealer of Weights and

Measures, Board of Public Works Building.

Rochester Anthony C. Samenfink, Sealer of Weights

and Measures, Public Market.

County

Monroe- _ Fred J. Young, Sealer of Weights and

Measures, 1400 South Avenue, Rochester.

Nassau Robert Williams, Sealer of Weights and

Measures, Old Court House Annex,

Mineola. . William Kirk, Jr., Assistant Sealer of

Weights and Measures, Old Court House

Annex, Mineola.

Raymond F. Nesk, Inspector of Weights and

Measures, Old Court House Annex,

Mineola.

NORTH CAROLINA

State C. D. Baucom, Superintendent of Weights

and Measures, Department of Agriculture,

Box 1914, Raleigh.

H. L. Shankle, Chief, Gas and Oil Inspection Division, Department of Revenue,

Box 1510, Raleigh.

NORTH DAKOTA

State A. J. Jensen, Chief Inspector of Weights

and Measures, Public Service Commission,

Box 1341, Jamestown. »

OHIO

State V. D. Campbell, Deputy State Sealer, Department of Agriculture, 710 State Office

Building, Columbus.

City: Akron Robert K. Slough, Sealer of Weights and

Measures, 102 Municipal Building.

County:

Medina R. W. Searles, Deputy Sealer of Weights

and Measures, Court House, Medina.

Stark George A. Wheeler, Deputy Sealer of Weights and Measures, County Court

House, Canton.

am
PERSONS ATTENDING THE CONFERENCE XI

OKLAHOMA

State F. R. Hassler, Director of Laboratories,

Health Department, Oklahoma City.

PENNSYLVANIA

State_-_ Joseph F. Blickley, Director, Bureau of

Standard Weights and Measures, Department of Internal Affairs, Harrisburg.

Spencer H. Seighman, Assistant Director,

Bureau of Standard Weights and Measures, Department of Internal Affairs,

Harrisburg.

City:

Erie Paul F. Watson, Sealer of Weights and

Measures, City Hall.

York Irvin R. Shultz, Inspector of Weights and

Measures, City Hall.

RHODE ISLAND

State • Edward R. Fisher, Sealer of Weights and

Measures, Department of Labor, State

House, Providence.

TEXAS

State W. S. Bussey," Chief, Division of Weights

and Measures, Department of Agriculture,

Austin.

City: Houston W. B. Evans, Sealer of Weights and Measures, City Hall.

UTAH

City: Salt Lake City Fred H. Peck, Jr., Sealer of Weights and

Measures, 118 First Street South.

VERMONT

State George'E. Carpenter, Supervisor, Division

of Weights and Measures, Department of

Agriculture, Montpelier.

VIRGINIA

State , R. D. Thompson, Supervisor of Weights and

Measures, Division of Markets, Department of Agriculture and Immigration,

1030 State Office Building, Richmond.

H. L. Lewis, Inspector of Weights and

Measures, Division of Markets, Department of Agriculture and Immigration,

Palmer.

City:

Norfolk i W. K. Tripple, Sealer of Weights and

Measures, City Market Building.

Richmond Conway C. Mtjndy, Chief, Bureau of

Weights and Measures, 306 City Hall

Annex.

M. L. Rice, Chief Deputy Inspector, Bureau

of Weights and Measures, 306 City Hall

Annex.

County: Shenandoah J. D. Harpine, Sealer of Weights and

Measures, Woodstock.

WASHINGTON

City: Seattle L. R. Roper, Supervisor, Division of

Licenses and Standards, 100 County-City

Building.
XII PERSONS ATTENDING THE CONFERENCE

WISCONSIN

City:

Madison M. W. Jensen, Sealer of Weights and

Measures, 101 North Blount Street. Milwaukee.. Louis E. Witt, Sealer of Weights and

Measures, 1331 North Fifth Street. Sheboygan J. A. Peikert, Sealer of Weights and

Measures, City Hall.

West Allis Arthur E. La Boda, Sealer of Weights and

Measures, City Hall.

DELEGATES NATIONAL BUREAU OF STANDARDS

Director's Office: E. U. Condon, Director. E. C. Crittenden, Associate Director.

R. W. Smith, Chief, Office of Weights and Measures.

Metrology Division:

Wilmer Souder, Chief.

Ralph E. Gould. Chief, Time Section.

L. V. Judson, Chief, Length Section.

Lloyd B. Macurdy, Chief, Mass Section. E. L. Peffer, Chief, Capacity aiid Density Section.

H. H. Russell, Chief, Scale Section.

Mary L. Scott, Mass Section.

Commodity Standards Division:

W. E. Braithwaite, Chief, Packaging Section.

GUESTS REPRESENTING UNITED STATES GOVERNMENT

U. S. Department of Agriculture:

L. C. Carey, Production and Marketing Administration, Washington, D. C. T. C. Curry, Chief, Regulatory Division, Fruit and Vegetable Branch,

Washington D. C. C. L. Richard, Supervisor of Scales and Weighing, Livestock Branch,

Washington, D. C. Federal Security Agency:

R. A. Osborne, Food and Drug Administration, Washington, D. C. W. A. Queen, Chief, Office of State Cooperation, Food and Drug Administration, Washington, D. C.

S. C. Rowe, Associate Chemist, Food and Drug Administration, Washington, D. C. Post Office Department:

Jesse C. Miller, Skilled Draftsman, Division of Equipment and Supplies,

Washington, D. C.

Treasury Department:

Fred W. Gast, Chief, Division of Engineering and Weighing, Bureau of

Customs, Washington, D. C.

GUESTS REPRESENTING MANUFACTURERS OF WEIGHING AND

MEASURING DEVICES

Black & Decker Manufacturing Co.: Edwin E. Powell, Manager, Loadometer

Department, Towson 4, Md.

Bloomer Brothers Co.: William H. Inman, Research Manager, Newark, N. Y.

Bowser, Inc.: C. P. Griffith, Vice President, Fort Wayne, Ind.

Fred S. Ehrman, General Sales Manager, Fort Wayne, Ind.

Brodie, Ralph N., Co., Inc.: Don W. Kingsley, 529 Chrysler Building, New York, N. Y.

C. J. McCaffrey, 529 Chrylser Building, New York, N. Y.

Chatillon, John, & Sons:

George E. Chatillon, President, 89 Cliff Street, New York 7, N. Y.

S. J. Belle Isle, Sales Manager, 85 Cliff Street, New York 7, N. Y.

J. George Hugel, Sr., Representative, 85 Cliff Street, New York 7, N. Y.
PERSONS ATTENDING THE CONFERENCE XIII

Davisbilt Products: J. F. Winchester, President, 18 East Fourth Street, Cincinnati, Ohio.

Dayton Pump & Manufacturing Co.: L. J. Mayer, Design Engineer, 500 North

Webster Street, Dayton, Ohio.

Detecto Scales, Inc.: J. E. Woodland, Vice President and Sales Manager, 1 Main Street, Brooklyn 1, N. Y.

Dixie Cup Co.

Arthur J. Nolan, Assistant to the President, 421 North Western

Avenue, Chicago, 111. Erie Meter Systems, Inc.: Paul R. Fishburn, Chief Engineer, P. O. Box 559, Erie, Pa.

It. L. Holdridge, Manager, Airport Fueling Systems Division, 1203 G. D.

Baldwin Building, Erie, Pa. Exact Weight Scale Co.: K. B. Neff, Vice President and Treasurer, 944 West

Fifth Avenue, Columbus 12, Ohio.

Fair Scale Co.: Albert Veth, President, 1142 Logan Street, Louisville, Ky.

Fairbanks, Morse & Co.: G. C. Worthley, ' Manager, Scale Division, 600 South Michigan Avenue,

Chicago, 111. Edward J. Coverdale, Sales Engineer, New York, N. Y.

J. F. Cruikshank, Special Field Engineer, 600 South Michigan Avenue,

Chicago, 111. W. G. Gantt, Scale Service Manager, 2010 Lovegrove Street, Baltimore, Md.

C. A. Hennie, Field Engineer, 2010 Lovegrove Street, Baltimore, Md.

Jerome Kenney, Field Engineer, New York, N. Y.

Forschner, R. H., Co.: Richard A. Forschner, General Manager, 205 Third

Avenue, New York 3, N. Y.

Gilbert & Barker Manufacturing Co.:

J. A. Logan, Patent Manager, West Springfield, Mass.

Harold K. Ricker, Assistant Manager, Sales Engineering Division, West

Springfield, Mass.

Gresham & Co.: W. E. Larson, Sales Manager, 2745 Southwest Boulevard,

Kansas City, Mo.

Gurley, W. & L. E.

Robert G. Betts, Specialties Sales Manager, 514 Fulton Street, Troy, N. Y.

Franklin G. Williams, Washington Representative, 3616 Newark Street

NW., Washington, D. C. Hobart Manufacturing Co.: Burns H. Dreese, General Manager, Troy, Ohio.

Ernest A. Reussenzehn, Chief Scale Engineer, Scale Division, Dayton,

Ohio.

Murray W. Craig, Sales Department, Troy, Ohio.

Howe Scale Co.: Richard F. Straw, Vice President, Rutland, Vt. Robert A. Parham, Branch Manager, 1120 East Twenty-fifth Street,

Baltimore, Md.

Lacy A. Spake, Salesman, 1338 East Fourth Street, Charlotte, N. C. Lily-Tulip Cup Corporation: R. H. McKenna, Assistant to the President,

122 East Fourty-second Street, New York, N. Y.

Martin & Schwartz, Inc.: Jack H. Prause, Assistant General Manager, Mill

Street, Salisbury, Md.

Neptune Meter Co.: R. K. Blanchard, Vice President, 50 West Fiftieth Street, New York, N. Y.

Charles S. Hazard, Director of Research, 50 West Fiftieth Street, New

York, N. Y.

Walter H. Sieger, Engineer, 50 West Fiftieth Street, New York, N. Y.

Owens-IUinois Glass Co.:

J. D. Laird, Chief Service Engineer, Toledo, Ohio.

J. J. Moran, Customer Research Department, Kimble Glass Division,

Vineland, N. J. Peerless Weighing & Vending Machine Corporation: J. J. Crosby, Vice President, 29-28 Forty-first Avenue, Long Island City, N. Y.
XIV PERSONS ATTENDING THE CONFERENCE

Penn Scale Manufacturing Co., Inc.: Sidney Black, President, 150 West Berks Street, Philadelphia, Pa. B. William Felgoise, Sales Manager, 150 West Berks Street, Philadelphia, Pa. Progress Manufacturing Co., Inc.: Everett Fitzjarrald, General Manager, Arthur, 111. Alex Summers, Coordinator, Arthur, 111. Rockwell Manufacturing Co.: H. D. Leisenring, Sales Manager, Pittsburgh Equitable Meter Division, 400

Lexington Avenue, Pittsburgh 8, Pa. H. I. Beardsley, Pittsburgh Equitable Meter Division, 400 Lexington

Avenue, Pittsburgh 8, Pa. E. R. Eyler, Sales Engineer, Pittsburgh Equitable Meter Division, 600 Grant

Street, Pittsburgh 19, Pa. Charles H. Obrock, Sales Engineer, Pittsburgh Equitable Meter Division,

50 Church Street, New York 7, N. Y.

Sanitary Scale Co.: W. Tom White, Branch Manager, 821 First Avenue, New

York, N. Y.

Schirmer-Dornbirer Pump Co.: W. P. Schirmer, President and General Manager,

1719 East Thirty-ninth Street, Cleveland, Ohio.

Seederer-Kohlbusch, Inc.: J. E. Seederer, President, 27 South Van Brunt

Street, Englewood, N. J. Seraphin Test Measure Co.: Theo. A. Seraphin, President, 1314 Seventh Street,

Philadelphia, Pa.

Service Station Equipment Co.: H. P. Forton, Manager of Sales, Muskegon, Mich.

Louis G. Close, Division Manager, 2414 North Charles Street, Baltimore,

Md.

W. M. Hoxie, Service Manager, Muskegon, Mich.

Smith Meter Co.: Harry G. Smith, Sales Manager, 5743 Smithwav Street, Los Angeles 22,

Calif. Wilson Milligan, Division Manager, 37-14 Thirtieth Street, Long Island

City 1, N. Y.

Stimpson Scale Co.: Frank M. Doyne, Eastern Sales Manager, 468 Weaver

Street, Larchmont, N. Y.

Streeter-Amet Co.: Verne C. Kennedy, President, 4101 North Ravenswood Avenue, Chicago

13, 111. J. A. Csupak, Sales Manager, 4101 North Ravenswood Avenue, Chicago

13, 111. Thatcher Glass Manufacturing Co.: James Arrandale, Assistant Vice President,

Elmira, N. Y.

Tokheim Oil Tank & Pump Co.: William Louthan, Service Manager, 1600

Wabash Avenue, Fort Wayne, Ind.

Toledo Scale Co.:

S. Q. Bennett, General Manager of Service and Weights and Measures

Divisions, Toledo, Ohio.

V. V. Radionoff, Government Representative, 3713 New Hampshire

Avenue, Washington, D. C. Walter G. Williams, District Sales Manager, 3713 New Hampshire Avenue,

Washington, D. C. Torsion Balance Co.: Park T. Sowden, General Manager, New York, N. Y.

Carl F. Fritch, Plant Superintendent, 147 Eighth Street, Jersey City, N. J. Triner Scale and Manufacturing Co.: John E. Edgerton, Representative, 1395 National Press Building, Washington, D. C. Frank A. Lang, Representative, 2714 West Twenty-first Street, Chicago, 111. Troemner, Henry:

Edward Furey, 911 Arch Street, Philadelphia, Pa. Charles F. Rosica, Salesman, 911 Arch Street, Philadelphia, Pa.

TJ. S. Slicing Machine Co.: M. D. Ribble, Special Representative, La Porte, Ind.

Veeder-Root, Inc.: David J. Post, Jr., Vice President, Hartford 2, Conn.

A. E. McKeever, Sales Representative, 70 Sargeant Street, Hartford, Conn.
PERSONS ATTENDING THE CONFERENCE XV

GUESTS REPRESENTING ASSOCIATIONS, BUSINESS AND INDUSTRY,

AND RAILROADS

American Bottlers of Carbonated Beverages: Loring F. Overman, Assistant to the Secretary, 1128 Sixteenth Street NW., Washington 9, D. C. American Petroleum Institute: James E. Moss, Director, Division of Transportation, 1625 K Street NW., Washington 6, D. C. Association of Ice Cream Manufacturers of Pennsylvania, New Jersey, and

Delaware: William H. List, Jr., Executive Secretary, Hotel Pennsylvania,

New York 1, N. Y.

Baltimore & Ohio Railroad Co.: E. Kent Lawrence, General Scale Inspector,

1380 Central Building, Baltimore 1, Md.

Bethlehem Steel Co.: Harry Marchant, Scale Inspector, Sparrows Point, Md.

Brown Instrument Co.: Douglas M. Considine, Manager of Technical Section,

Wayne and Roberts Avenues, Philadelphia 44, Pa. Carnegie Illinois Steel Corporation: Charles Bauer, Scale Shop Foreman, Sheet

and Tin Mill, 328 West Ridge Road, Gary, Ind.

Ex-Cell-0 Corporation: W. R. Cassidy, Eastern Division Sales Representative,

Pure-Pak Division, 53 Park Place, New York, N. Y.

Frozen Food Foundation, Inc.: George H. Sullivan, Packaging Engineer, 600

West Genesee Street, Syracuse, N. Y.

Frozen Food Institute, Inc.: G. Hodges Bryant, Chairman of the Board, 90

West Broadway, New York, N. Y.

Gasoline Pump Manufacturers Association: G. Denny Moore, Managing

Director, 420 Lexington Avenue, New York, N. Y.

Glass Container Manufacturers Institute: Nicholas G. Cameron, 19 East

Forty-seventh Street, New York, N. Y.

Gloucester Fisheries Association: Lawrence J. Hart, Secretary, Gloucester,

Mass.

Gulf Oil Corporation:

J. O. Habicht, Unit Head, P & T Department, Philadelphia, Pa. W. K. McCoy, Room 2401, Gulf Building, Pittsburgh, Pa. Bernard Wagner, Gulf Building, Pittsburgh, Pa.

Industrial Research Syndicate: C. A. Lindsay, Director, 1305 Euclid Street NW., Washington 9, D. C. International Association of Ice Cream Manufactures:

Robert C. Hibben, Executive Secretary, 1105 Barr Building, Washington

6, D. C. Robert H. North, Executive Assistant, 1105 Barr Building, Washington

6, D. C. Liquid Tight Paper Container Association: Arthur W. Howe, Jr., Assistant

Executive Director, 1532 Lincoln Liberty Building, Philadelphia, Pa. Massachusetts Fisheries Association: Thomas D. Rice, Executive Secretary,

Fish Pier, Boston, Mass.

Mayflower Beverage Co.: Lionel Rossignol, 81 Western Avenue, Waterville,

Maine.

Milk Industry Foundation: Charles M. Fisters, General Counsel, 927 Fifteenth

Street, Washington 5, D. C. National Association of Frozen Food Packers:

C. Courtney Seabrook, President, 1415 K Street NW., Washington, D. C. Clifford F. Evers, Technical Director, 1415 K Street NW., Washington,

D. C. Lawrence S. Martin, Secretary-Treasurer, 1415 K Street NW., Washington, D. C. National Association of Retail Grocers: Tyre Taylor, Counsel, 712 Jackson

Place NW., Washington, D. C. National Association of Scale Manufacturers:

L. H. Erickson, President, 469 East Ohio Street, Chicago 11, 111. Arthur Sanders, Secretary, 1129 Vermont Avenue NW., Washington, D. C.

National Fisheries Institute, Inc.: Raymond E. Steel, Acting General Manager, Suite 228, Victor Building,

724 Ninth Street NW., Washington 1, D. C. Harold Luther, Member, Committee on Weights and Measures, National

Fisheries Institute, Inc., c/o General Seafood Corporation, 383 Madison

Avenue, New York, N. Y.
XVI PERSONS ATTENDING THE CONFERENCE

National Potato Chip Institute: Harvey F. Noss, Executive Secretary, 1142

Hanna Building, Cleveland, Ohio.

National Scale Men's Association: C. B. Smith, President, 1120 Northern Pacific

Railway Co. General Offices, St. Paul, Minn.

National 'Truck Tank and Trailer Tank Institute: Allan R. Smith, Executive

Secretary, 120 South LaSalle Street, Chicago 3, 111. Paper Cup and Container Institute, Inc.: Dale H. Eckerman, Executive Director,

1790 Broadway, New York 19, N. Y.

Paper Pail Association: Harvey H. Robbins, Executive Secretary, 111 West

Washington Street, Chicago 2, 111. Partee Equipment Co.: Paul Partes, President, Spencerville, Ind.

Saybolt, J. W., Business Counsellor, 1701 East Eighty-fourth Street, Chicago

17, 111. Scale Journal Publishing Co.: Edith J. Saybolt, Secretary, 1703 East Eightyfourth Street, Chicago 17, 111. Sinclair Refining Co.: K. W. Birkin, Manager, Automotive Department. 630

Fifth Avenue, New York, N. Y.

Southern Railway System:

J. N. Todd, Superintendent, Scales and Work Equipment, Box 1808, Washington, D. C.

B. F. Gilbert, Chief Scale Inspector, P. O. Box 921, Charlotte, N. C.

Southern Weighing and Inspection Bureau: A. J. Reynolds, Sr., Supervisor of

Weights, 511-101 Marietta Street, Atlanta, Ga.

Standard Oil Co.: L. L. Kennedy, Superintendent, Construction and Maintenance, 500 North Broad Street, Elizabeth, N. J. Thread Institute, Inc.: David Snyder, Executive Director, 11 West Forty-second Street, New York

18; N. Y.

John Bell, Chairman, Legislation Committee, 11 West Forty-second Street,

New York 18, N. Y.

Tissue Association, Inc.: Ross A. Fife, Executive Secretary, 122 East Forty-second Street, New York,

N. Y.

Robert Young, Chairman, Facial Tissue Industry Division, 122 East

Fortv-second Street, New York, N. Y.

Woodruff, F. H., & Sons, Inc.:

J. H. Bangs, Representative, Milford, Conn.

Daniel A. Johnson, Representative, 9 Depot Street, Milford, Conn.

MISCELLANEOUS GUESTS

Howe, George A., 112 Fourth Street SE., Washington, D. C.
CONTENTS

Page

Officers and committees in

Persons attending the Conference ^ iv

FIRST SESSION—MORNING OF MONDAY, SEPTEMBER 22, 1947

The Office of Weights and Measures of the National Bureau of Standards, by

E. TJ. Condon, Director, National Bureau of Standards, and President,

National Conference on Weights and Measures 1 Abstracts of State Reports:

California, by James E. Brenton, Chief, State Bureau of Weights and

Measures 6

Connecticut, by Frank M. Greene, Deputy State Pood and Drug Commissioner | 6

District of Columbia, by J. Thomas Kennedy, Director, District Department of Weights, Measures, and Markets 6

Florida, by Nails Berryman, Supervisor, State Division of Weights and

Measures 7

Georgia, by S. H. Wilson, State Oil Chemist 7

Illinois, by James M. Paddock, State Superintendent of Standards 7

Indiana, by Rollin E. Meek, Acting Director, State Division of Weights

and Measures 7

Kansas 8

Kentucky, by J. E. Johnston, Director, State Division of Weights and

Measures . 8

Massachusetts, by John P. McBride, State Director of Standards and

Necessaries of Life 8

Michigan, by George W. Martin, Sealer of Weights and Measures of Ferndale 8

Minnesota, by Erling Hansen, State Supervisor of Weights and Measures.

Nevada, by Wayne B. Adams, State Sealer of Weights and Measures 8

New Jersey, by Joseph Giuliano, State Superintendent of Weights and

Measures 9

New York, by John J. Leonard, Supervising Inspector, State Bureau of

Weights and Measures 9

North Carolina, by C. D. Baucom, State Superintendent of Weights and

Measures 9

North Dakota, by A. J. Jensen, Chief State Inspector of Weights and

Measures 9

Ohio, by V. D. Campbell, Deputy State Sealer 10

Pennsylvania, by Joseph F. Blickley, Director, State Bureau of Standard

Weights and Measures 10

Rhode Island, by Edward R. Fisher, State Sealer of Weights and Measures. 10

Texas, by W. S. Bussey, Chief, State Division of Weights and Measures.. 10

Vermont, by George E. Carpenter, Supervisor, State Division of Weights 11 and Measures 11

Virginia, by R. D. Thompson, State Supervisor of Weights and Measures. 11

Wisconsin, by George Warner, State Supervisor of Weights and Measures. 11 Announcement regarding committee reports and program papers 12

XVII

784131—48 2
XVIII CONTENTS

Page

Abstracts of Reports of Representatives of State and Regional Associations

of Weights and Measures Officials: California Association of Weights and Measures Officials, by Charles

Morris Fuller, Sealer of Weights and Measures of Los Angeles County,

Calif 12

Indiana Association of Inspectors of Weights and Measures, by William

H. Roberts, Inspector of Weights and Measures of Vigo County, Ind_. 12

Massachusetts Weights and Measures Association, by James H. Dawson,

State Inspector of Standards 13

Michigan Association of Weights and Measures Officials, by George W.

Martin, Sealer of Weights and Measures of Ferndale, Mich 13

New Jersey Weights and Measures Association, by Francis J. Black,

Superintendent of Weights and Measures of Trenton, N. J 13

New York Weights and Measures Association, by Robert Williams, Sealer

of Weights and Measures of Nassau County, N. Y 13

Northwest Weights and Measures Association, by C. I. Hoel, State In- spector of Weights and Measures of Minnesota 13

Ohio Sealers, Association, by Robert K. Slouth, Sealer of Weights and

Measures of Akron, Ohio 13

Pennsylvania Association of Inspectors of Weights and Measures, by Irvin

R. Shultz, Inspector of Weights and Measures of York, Pa 14

Southern Weights and Measures Association, by W. S. Bussey, Chief,

Division of Weights and Measures of Texas 14

Texas Weights and Measures Association, by W. B. Evans, Sealer of

Weights and Measures of Houston, Tex 14

Virginia Weights and Measures Association, by R. D. Thompson, Supervisor of Weights and Measures of Virginia 14

Appointment of Committees 14

SECOND SESSION—AFTERNOON OF MONDAY, SEPTEMBER 22, 1947 Frozen Foods—A Symposium:

Remarks of C. A. Baker, Director, Bureau of Weights and Measures, State

of New York 17

Remarks of R. A. Osborne, Food and Drug Administration, Federal Security Agency 21

Discussion of Preceding Paper 25

Remarks of Clifford F. Evers, Technical Director, National Association of

Frozen Food Packers 25

Remarks of G. Hodges Bryant, Chairman of the Board, Frozen Food

Institute, Inc 29

Remarks of Raymond E. Steel, Acting General Manager, National Fisheries Institute, Inc 33

Remarks of W. S. Bussey, Chief, Division of Weights and Measures, State

of Texas 35

Remarks of Tyre Taylor, Counsel, National Association of Retail Grocers.. 36

Remarks of L. J. Hart, Secretary, Gloucester Fisheries Association 37

Remarks of George H. Sullivan, Packaging Engineer, Frozen Food Foundation, Inc 39

Remarks of Thomas D. Rice, Executive Secretary, Massachusetts Fisheries Association 39

Remarks of Harold Luther, Member, Committee on Weights and Measures,

National Fisheries Institute i. 40

Report of the National Conference Committee on Methods of Sale of Commodities, Presented by Joseph G. Rogers, Chairman, and Discussion

Thereon ; 41

THIRD SESSION—MORNING OF TUESDAY, SEPTEMBER 23, 1947 Report of the National Conference Committee on Methods of Sale of Commodities, Presented by Joseph G. Rogers, Chairman, and Discussion

Thereon—Continued 51

Remarks of C. L. Richard, Supervisor of Scales and Weighing, Livestock

Branch, United States Department of Agriculture 57
CONTENTS XIX

Page

Adoption of Test Methods by the National Conference on Weights and

Measures, by R. D. Thompson, Supervisor, Weights and Measures Division, Commonwealth of Virginia 59

Vehicle Tanks—A Symposium:

Remarks of James E. Moss, Director, Division of Transportation, American

Petroleum Institute - 60

Remarks of Archie T. Smith, Assistant State Superintendent, Department

of Weights and Measures, State of New Jersey 63

Remarks of Allan R. Smith, Executive Secretary, National Truck Tank

and Trailer Tank Institute 68

Remarks of George E. Carpenter, Supervisor, Division of Weights and

Measures, State of Vermont 70

Methods of Sale of Ice Cream, by J. Thomas Kennedy, Director, Department

of Weights, Measures, and Markets, District of Columbia 73

Discussion of Foregoing Paper 74

Meter Type Gasoline Pumps, by C. P. Griffith, Vice President in Charge of

Engineering, Bowser, Inc 79

The Distribution of Liquefied Petroleum Gases, by L. L. Kennedy, Superintendent of Construction and Maintenance, Standard Oil Company of New

Jersey 86

Large-Capacity Meter Installations, by Harry G. Smith, Sales Manager,

Smith Meter Company _ 88

FOURTH SESSION—MORNING OF WEDNESDAY, SEPTEMBER 24, 1947 Report of the National Conference Committee on Specifications and Tolerances, Presented by John P. McBride, Chairman, and Discussion

Thereon 95

Section on Single-Service Measure-Containers 97

Section on Liquid-Measuring Devices : 98

Section on Vehicle Tanks _ 99

Section on Scales ' 100

Announcements 104

Activities of the National Scale Men's Association, by C. B. Smith, President,

National Scale Men's Association : : 105

Some Aspects of Industrial Weighing, by Douglas M. Considine, Chemical

Engineer, Brown Instrument Co 107

Vehicle Scales—Testing Equipment and Procedures, by James M. Paddock,

Superintendent of Standards, State of Illinois,- 112

Report of the National Conference Committee on Weights and Measures

Education, Presented by W. S. Bussey, Chairman 115

FIFTH SESSION—AFTERNOON OF WEDNESDAY, SEPTEMBER 24, 1947 The Regulation of Repairmen, by Ralph W. Smith, Secretary, National Conference on Weights and Measures 122

Report of the National Conference Committee on Legislation, Presented by

Rollin E. Meek, Chairman 123

Regulatory Responsibilities of the Fruit and Vegetable Branch, United

States Department of Agriculture, by T. C. Curry, Chief, Regulatory " Division, Fruit and Vegetable Branch, U. S. Department of Agriculture. . 133

Ferdinand Rudolph Hassler, 1770-1843, by Ferdinand Rudolph Hassler,

M. D., M. P. H., Director, Bureau of Laboratories, Department of Health,

State of Oklahoma 137

Transparent Containers for Prepackaged Merchandise, by Edmund F. Usher, Sealer of Weights and Measures, Highland Park, Mich 141

Financing a Weights and Measures Organization, by Charles Morris Fuller,

Sealer of Weights and Measures, Los Angeles County, Calif 145

SIXTH SESSION—MORNING OF THURSDAY, SEPTEMBER 25, 1947 Open Forum:

Paper Milk Bottles 154

Sales of Service 155

General Specification No. 1 '156
XX CONTENTS

Page. Sale of Garden Seeds, by William H. Roberts, Inspector of Weights and

Measures, Vigo County, Ind , 159

Supervision Over Domestic Sales of Fuel Oil, by James A. Boyle, Sealer of

Weights and Measures, Portland, Maine 161

Report of the National Conference Committee on Trading by Weight,

Presented by James E. Brenton 165

Calibration of State Standards, by Wilmer Souder, Chief, Metrology Division, National Bureau of Standards 166

Report of the National Conference Committee on Resolutions, Presented by

Louis E. Witt, Chairman:

Appreciation to Director and Staff of the National Bureau of Standards. 172

J. E. Woodland and J. W. Saybolt 172

Endorsement of Weights and Measures School 172

In Memory of Deceased Members - 173

Adoption of NBS Handbook H37 as Official Manual 173

Appreciation to the Press 173

Editorial in "Food Topics" 173

Report of the National Conference Treasurer, George F. Austin, Jr 175

Report of the National Conference Committee on Nominations, Presented

by V. D. CampbeU, Chairman, and Election of Officers 175

Unfinished Business 177

New Business:

Time for holding National Conference meetings 178

APPENDIX

A Common Problem, by Ralph W. Smith, Secretary, National Conference on Weights and Measures 179
REPORT OF THE THIRTY-THIRD NATIONAL

CONFERENCE ON WEIGHTS AND MEASURES

SPONSORED BY THE NATIONAL BUREAU OF STANDARDS, AND

HELD AT THE WASHINGTON HOTEL, WASHINGTON, D. C, SEPTEMBER 22, 23, 24, AND 25, 1947

FIRST SESSION—MORNING OF MONDAY, SEPTEMBER 22,

1947

(The Conference was called to order at 10:20 a. m. by E. U. Condon, President

of the Conference.)

The Chairman. In my capacity as Chairman of the meeting I will

recognize myself to make a few opening remarks about some of our

plans. The paper has been mimeographed and copies will be made

available to you as in the case of other program papers.

THE OFFICE OF WEIGHTS AND MEASURES OF THE NATIONAL

BUREAU OF STANDARDS

By E. U. Condon, Director, National Bureau of Standards, and President,

National Conference on Weights and Measures

Last September, when you did me the honor of installing me as president of your Conference, I was still in my freshman year. Now

I am a sophomore and, accordingly, will be expected to have some

opinions, however immature they may seem to those of real experience

in our field.

The first thing I want to do is to welcome you to our Thirty-Third

Conference and to express the hope that we may find from it inspiration and guidance for improved performance of our duties and for

closer cooperative relationships based on personal acquaintance.

During the past year I have been greatly helped by receiving friendly

advice and counsel from many of you. For this I am deeply grateful

and give you all my most sincere thanks.

The National Conference on Weights and Measures surely cannot

be accused of being an overly formal organization. We have no

written constitution. We have a plentiful supply of Vice Presidents

so that no one of'them needs to preside at more than one session. We

have a Secretary who really does the work, and a Treasurer who would

not be unduly weighted down if he were to carry our treasury in his

pockets in silver coin. We have an Executive Committee to whom

questions of policy can be referred during the year. We have a Nominations Committee to make sure we have a full slate of officers

for these positions. In addition, we have five standing committees for

studies on specific topics of importance. These are appointed by the

President. Then appointment for next year is the last item of business

for this morning's session.

l
2 MISC. PUBLICATIONS, NATIONAL BUREAU Or STANDARDS

For a time it seemed to me that this was too informal an organization. But when we consider the accomplishments of the past, and

when we also consider what a curse a too cumbersome administration can be, it seems to me that we should be very careful not to have more

elaborate machinery than necessary. Nevertheless, there are doubtless many ways in which our administrative procedures can be improved. Any member having suggestions in this direction is invited

to present them formally or informally to the Executive Committee

or to me.

There is one change with regard to our standing committees which

I propose to inaugurate this year, and I hope it meets with your favor.

There is a natural tendency when a man is doing a good job to continue him in this work indefinitely. Yet this is not fair to him, for

committee service can be very exacting and is an extra burden on an

otherwise well-filled work day. Moreover, it is important that our work have as broad a base of participation by all the members as

possible. On the other hand, continuity of knowledge about the work

is also of the utmost importance.

Therefore, I propose that hereafter: (1) A man shall be appointed

for an N-year term if the committee in question consists of N men;

that is to say, on a five-man committee we shall have five-year terms,

and on a seven-man committee we shall have seven-year terms.

(2) That a man be not immediately eligible for reappointment to the

same committee. (3) That no man be asked to serve on two standing

committees at the same time. (4) That hereafter the committees

elect their own chairmen as part of the work of organizing themselves

at each Conference.

I think this plan has many advantages. We have a great tendency

to work—and, in fact, overwork—some of our most diligent and distinguished members. It is really not fair to them. At the same time,

when it comes to giving up the services of somebody who has habitually

been overworked, this is something which we are very reluctant to do.

A good example of one who is affected by this change is our good

friend, Mr. Joseph G. Rogers of New Jersey, who has for many years

served very diligently on the Committee on Specifications and Toler- ances and who is also Chairman of the Committee on Methods of Sale

of Commodities. He has really made something of a record by his

vigorous work in the latter field. It seems to me that it is just unfair

to work any one man that hard. So instead of asking him to continue

in both of these capacities, we are asking him to continue as Chairman

of the Committee on Methods of Sale of Commodities, and are giving

him a vacation from the other committee. On the other hand, he is such

a valuable man that this vacation might not be for more than one year.

I have expressly mentioned the case of Mr. Rogers as a very good

example of the difficulties one gets into in this kind of problem.

In order to put this plan into effect with a gradualness that will

not be too revolutionary I propose: (1) To designate the present

chairmen to continue in office as chairmen during the next year, and

also to specify that these individuals be designated to serve as members for a full term of N years; a year from now, and in subsequent

years, these chairmen may or may not be elected as chairmen by the

members of their respective committees. (2) That after I name the

full membership of the committees under Item 5 of this morning's
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 3

program, we then and there draw lots to determine which of the members gets a one-year term, which a two-year term, and so on; in the

future the plan will be to make one new appointment to each committee each year, thus providing for rotation of membership.

This plan, it seems to me, has some real advantages in bringing more

democracy to our work, and the proposed plan of putting it into effect

is gradual enough so that if there is strong opposition to it, we can

next year at this time, forget the whole thing and continue under the

old system.

At the National Bureau of Standards during the past year, we have

been giving a lot of thought to the best way in which we can re-establish our services to weights and measures regulatory officials, so largely

upset during the war. Somewhat over a year ago, we renamed our

old Weights and Measures Division. It is now called the Metrology

Division, which is a high-brow word meaning the same thing, chosen

to emphasize the heavy program of scientific work of the highest precision which this division's laboratories are called on to perform.

This division is headed by Dr. Wilmer Souder, who is well known to

many of you, and who has a place on the Thursday morning session

of our Conference program.

At the same time, Mr. Ralph Smith, your Secretary, has done what

he could to correlate the relations of the Bureau with State and local

weights and measures officials while carrying a heavy burden of administrative duties as Assistant Executive Officer of the Bureau. Now

that most of the work of post-war reconversion is completed, we are able to arrange for Mr. Smith to devote full time to the problems of

the weights and measures regulatory field. Accordingly we are establishing at once, an Office of Weights and Measures. This will be a

unit in the office of the Director. It is rather difficult to state with

precision the exact division of duties between Dr. Souder's Division

and Mr. Smith's Office. In general, one may say that the Metrology

Division is concerned with the laboratory work of precision measurement in the field of mass, length, and capacity, while the Office of

Weights and Measures will be concerned with the general service to

the weights and measures official which the Bureau of Standards

should render. Fortunately, a precise definition is not necessary.

While I suppose that most of your correspondence would be with Mr.

Smith, we hope you will feel free to write to any of us and we will give

you the best service we can. We hope in the future to participate more fully in the State and

regional conferences on weights and measures and thereby to pick up

ideas on how our service can be more helpful. Mr. Smith will also

supervise a revision of the Bureau's Miscellaneous Publication M20,

"Federal and State Laws Relating to Weights and Measures." This

valuable book is now badly out of date, since the latest edition (the

third) was published 21 years ago. A number of other projects of a

similar sort are also planned, such as a casebook or abstract of legal

cases, opinions, and precedents in the weights and measures field.

It is also hoped to develop a complete file on State and local specifications, tolerances, and regulations, and to arrange for summaries of this

material to be made widely available.

Another project that we have in mind of great importance to

business men, and expecially to weights and measures equipment
4 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

manufacturers, is the collection of information on weights and measures regulatory work in other countries. We need not only to have

full information on units in use in other countries, but also on their

organizations for weights and measures administration, and on thenlaws in this field. This is clearly vital to our expanding foreign commerce. Moreover, we should not be surprised if we get some valuable

ideas on how we can do a better job by checking our experience

against that of our friends in other countries.

But in my opinion, the most important new service which we

contemplate for the National Bureau of Standards is in the establishment of a school offering short courses of training for weights and

measures officials of State and local governments. The need for service of this kind has been expressed by several of you, particularly by

Mr. J. H. Meek of Virginia. What we have in mind is a real training course with lessons to be studied and supervised laboratory work to

be done on topics of real practical interest in weights and measures

work.

When one studies this subject, one sees a great range of special

topics which would be appropriate for handling in this way. We feel

that if, in this smaller field, we can do a job that is proportionately

as valuable as has been the police training work offered by the Federal

Bureau of Investigation, then we shall have rendered a very important

service to weights and measures administration in the United States.

We want to start in a small way and build solidly. I want to ask

the Executive Committee of this Conference to take on the job of

considering this project and of helping us with specific suggestions.

Initially, our choice of topics and problems has to be very much

affected by the space and equipment which can now be devoted to

the project. Later, it will be possible to consider the acquisition of

special facilities for the school when we shall have gained more

experience. With such present hmitations in view, Mr. Smith has

prepared a suggested outline of a ten-day course of training dealing

specifically with the office-testing phase of the work of a State or

large city weights and measures office. We have the space and

equipment to handle such a proposed course with registration limited

to ten students at one time. We could actually carry this out some

time next spring. During this Conference we hope to get your

comments on the general idea, on the specific way of starting, and on

a suitable date for actually starting. I hope we can decide to launch

the first of such schools, if the need is really there, and make specific

announcement of the date before this Conference closes.

I am going to close my remarks at this time because we have a full

program, and your Secretary does not allow me much time. If you

pick up the mimeographed copies of this talk, however, you will

notice that I have taken advantage of the opportunity there afforded,

of "extending my remarks" as they do in Congress. In that place

you will see there is given a tentative program for the two-week

school on office testing. This is presented for your criticism and

comment, and to help you decide whether anything of this general

character would be useful in training your staff. In conclusion,

I should add that no fee would be charged the student or his office.

The cost of running the school would be borne by the National
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 5

Bureau of Standards. The expenses of the students in coming here

and staying here, of course, cannot be borne by the Bureau.

(The addendum to Dr. Condon's paper, referred to in his closing paragraph, is as follows:)

SUGGESTED PROGRAM FOR A TWO-WEEK TRAINING COURSE IN

OFFICE TESTING WORK FOR A WEIGHTS AND MEASURES

OFFICE

FIRST DAY

1. Registration.

2. Lecture. Chapter 14 of Handbook H26. Outline of activities of Sections

1, 2, 4, 8, and 9 of Metrology Division.

3. Visit to Standards vault.

4. Visit to laboratories of sections named. Personal introductions. Explain

procedures. Discuss records, reports, certificates, marks, and seals. SECOND DAY

1. Lecture on mass standards (except cast iron 50's and upward). Brief

history. Classes of standards. Handling and storage. Tolerances. Adjustments. Meaning and use of corrections and errors.

2. Lecture on laboratory balances. Theory. Construction, care, adjustment, and repair. Direct weighing. Weighing by substitution and transposition. Intercomparison of standards.

3. Discussion period. Students' questions.

4. Laboratory period. Conduct actual tests, individual students making

observations, recording data, and computing results. Discussion period.

THIRD DAY

1. Lecture on length standards. Brief history. Rigid end and line standards.

Gages. Tapes—geodetic, surveying, commercial. Handling and storage.

Tolerances. Corrections and errors.

2. Lecture on testing of length standards. Simple testing apparatus.

Magnification and lighting. Micrometer microscope. Hand lenses. Demonstrate testing of short rigid scales, rigid end and line yard standards, and short

and long tapes. Tolerances.

3. Discussion and students' questions.

4. Laboratory period. Each student actually tests a series of length standards,

recording and computing results. Compare results. Discussion.

5. Revisit Gage Section for demonstration of tests on gage blocks, micrometers,

etc. FOURTH DAY

1. Written quiz on mass standards and balances. 1 hour.

2. Lecture on mass standards—cast iron 50's and upward. Design. Outside

coatings. Handling and storage. Constancy. Tolerances. Portable and nonportable balances. Apparatus for handling weights. Adjustment and sealing.

3. Discussion period.

4. Demonstration of test procedures in Scale House.

5. Laboratory period. Each student calibrate some 50's and 1000's. Compare results. Discussion.

FIFTH DAY

1. Discuss and analyze quiz papers on mass standards and balances.

2. One hour written quiz on length standards.

3. Lecture on volumetric standards. Brief history. Volumetric and gravimetric testing methods. Precautions. "To contain" and "To deliver". Bases

of NBS reports and certificates. Effects of temperature. Burettes and flasks. Test procedures for capacity measures up to 100 gallons, glass graduates, burettes.

4. Discussion.

5. Laboratory period. Practice in making settings and readings with results checked by instructor. Actual tests on apparatus. Problems and discussion
6 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

SIXTH DAY

1. Discuss and analyze quiz papers on length standards.

2. One hour written quiz on mass standard? of large denominations.

3. Tour of laboratories of National Bureau of Standards, other than those

visited first day.

4. One hour written quiz on volumetric standards.

5. Discuss quiz papers on mass standards of large denomination.

SEVENTH, EIGHTH, AND NINTH DAYS

1. On seventh day, discuss quiz papers on volumetric standards.

2. Break up class into groups so that each student will spend l

lA days in the mass laboratory, and Yi day each in length and volumetric laboratories. Students

to make tests as in their own offices, independently of supervision during work.

Results to be verified or checked, errors pointed out, and faulty procedures

corrected.

TENTH DAY

1. Review lecture. Important elements of all phases of office testing, covered

in course.

2. Discussion and informal quiz as to deatils and relation of material covered

to home-office requirements of the students.

3. Commencement exercises. Presentation to each student of copies of rele- vant National Bureau of Standards publications and of certificates of completion

of the course. ABSTRACTS OF STATE REPORTS 1 CALIFORNIA

By James E. Brenton, Chief, State Eureau of Weights and Measures

Mr. Brenton confined his report to a resume of amendments to the

container act, enacted in 1947, which strengthened the definition of a

"container", fixed 68° F or 20° C as the standard temperature for

volume determination of liquids (except petroleum products) and prescribed that a quantity declaration be expressed in terms of the largest

units contained in the package; certain marking exemptions were included covering cases where the buyer determines the quantity, and

relative to some commodities marketed in transparent containers.

CONNECTICUT

By Frank M. Greene, Deputy State Food and Drug Commissioner

Mr. Greene reported the transfer of the Division of Weights and

Measures from the Department of State Police to the Food and Drug

Commission, by action of the 1947 legislature. He announced that

no changes of policy or administration were contemplated.

DISTRICT OF COLUMBIA

By J. Thomas Kennedy, Director, District Department of Weights, Measures, and

Markets

Mr. Kennedy reported the purchase of a new testing truck for

large-capacity scales, the addition of two men bringing the total of

enforcement officers to 17, and the inspection 125,000 pieces of commercial equipment of which 11,800, including 25 percent of all prescription scales used in the District, were found in faulty condition.

1 As presented at the Conference, some of these reports were combined with the reports of Associations. For convenience of reference, State reports and association reports are separately grouped herein, and are presented in alphabetical order by States.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 7

He stated that the specifications and tolerances of the District were

being kept in conformity with those of the National Conference.

FLORIDA

By Nalls Berryman, Supervisor, State Division of Weights and Measures

Mr. Berryman said that notwithstanding serious delays in deliveries

of necessary equipment, statewide scale inspection was begun about

six months ago; of almost 800 scales tested, more than 30 percent were

found to be faulty. A large amount of work had been done on vehicletank compartments and wholesale and retail meters, and equipment

was being worked out for testing meters handling liquefied petroleum

gases. More than 60,000 food packages had been checked for accu- racy of content declaration since this program was started in April.

GEORGIA

By S. H. Wilson, State Oil Chemist

Mr. Wilson noted the division of weights and measures controls

in his State, matters dealing with scales and weighing being under

the jurisdiction of the Department of Agriculture, and devices used

for measuring petroleum products being under the jurisdiction of the

Department of Revenue. Speaking for the Supervisor of Weights and

Measures he reported normal activity, no new projects having been

undertaken. As to his own field, Mr. Wilson said that liquid-measuring devices were tested every 90 days, and that out of some 54,000

inspections made last year, inaccuracies were found in less than four

percent of the cases. ILLINOIS

By James M. Paddock, State Superintendent of Standards

Mr. Paddock listed the following new equipment and personnel

made possible by funds appropriated during the past year: One 500-

gallon, trailer-mounted test measure and two similar 50-gallon units;

two large-capacity scale testing trucks; one panel-body testing truck;

twenty-five cars for inspectors; nine additional inspectors. Efforts

to obtain an amendment of the pattern-approval provisions of the law

having been unsuccessful, Mr. Paddock said that a plan would be

worked out to adapt the principles of General Specification No. 1 to

the Illinois system, pending a statutory change by the next legislature.

INDIANA

By Rollin E. Meek, Acting Director, State Division of Weights and Measures

Mr. Meek reported that, by legislative act, the statutory office of

Commissioner of Weights and Measures had been abolished, and a

Division of Weights and Measures set up in the State. Board of

Health. He added that a new Board of Health Building was under

construction to be completed in 1948, in which adequate provision

would be made for office and laboratory space for the Division of

Weights and Measures. Plans were said to be under way for in- creases in personnel and equipment as soon as necessary funds beconif

available.
8 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

KANSAS 2 A recent law authorized the creation of a weights and measures

organization in the Board of Agriculture. As of September 1947, the

organization had not yet been manned, but a vehicle scale testing

equipment was on order, and delivery was expected sometime after

January 1, 1948.

Secretary's Note.—Word was received in November 1947, to the effect that

Mr. J. Fred True had been appointed to head the Division of Weights and Measures of the Kansas State Board of Agriculture with the title of "State Sealer."

KENTUCKY

By J. E. Johnston, Director, State Division of Weights and Measures

Mr. Johnston noted the inadequacy of statutes and appropriations

for his Division, notwithstanding corrective efforts at the last two

legislative sessions; he said these efforts would be renewed in 1948.

The Division has jurisdiction only over pumps for dispensing petroleum products, and scales in tobacco, mill, and grain warehouses and

in stockyards ; considerable activity was reported in these fields, with

particularly gratifying results in improving the accuracy of pumps in use through replacement and repair of defective equipment. Extension of authority to embrace all commercial weighing and measuring

devices, and the procurement of large capacity scale testing equipment, were recommended.

MASSACHUSETTS

By John P. McBride, State Director of Standards and Necessaries of Life

Mr. McBride commented upon the general adequacy of statutory

authority over commercial devices, and indicated that future legislative programs would be directed to more effective control of methods

of sale of commodities. He noted a heavy increase in the sale of wood

by hucksters. As indicative of the determination on the part of local

officials to improve their equipment, Mr. McBride mentioned the

recent acquisition by the Boston city department of a modern large

capacity scale testing unit.

MICHIGAN

By George W. Martin, Sealer of Weights and Measures of Ferndale

Mr. Martin, reporting for the State, commented upon the failure of

the legislative program and the deficiency in the number of weights

and measures officers in the State, but said that the record of con- demnations showed that the condition of commercial equipment was

improving. Livestock scales were said to be something of a current

problem.

MINNESOTA

By Erling Hansen, Stale Supervisorjof Weights andjMeasures

Mr. Hansen reported that an increase of revenue, estimated at

$50,000 annually, would result from a new law making available for

2 In the absence of a delegate from Kansas, the Secretary of the Conference presented this report, based upon letters received from Mr. Paul Ijams, the Director of the Control Division, and Mr. Roy Freeland

the Assistant Secretary, of the Kansas State Board of Agriculture.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 9

use by the Department the fees collected for special tests; these added

funds, he said, would permit increasing the force of inspectors to

twenty-six, and should materially increase the frequency of regular

tests throughout the State although annual testing, as prescribed by

statute, still could not be realized.

NEVADA 3 By Wayne B. Adams, State Sealer of Weights and Measures

Suitable methods and equipment for testing meters dispensingliquefied petroleum gas, use of which is rapidly increasing, was cited as the outstanding current problem of the department. Mention was

made of a scale testing unit carrying sixteen 500-pound test weights,

the weight-handling equipment being powered by a self-contained gas

electric generating unit; three light testing trucks; and two trailermounted 50-gallon test measures. It was stated that the specifications,

tolerances, and regulations of the National Conference have been

adopted, and that the State weights and measures law is similar in

most respects to the Model State Law of the Conference.

NEW JERSEY

By Joseph Giuliano, State Superintendent of Weights and Measures

Mr. Giuliano discussed a systematic project of under-cover try-out

purchasing, recently instituted, and cited ninety-eight prosecutions

resulting from two hundred seventeen purchases in three representative

cities as proof of the need for such a project; individual shortages

ranged in equivalent money value from two to forty cents, and 80

percent of the shortages found were in purchases of meats. The

successful results of the regional meetings with local inspectors, and

of the technical and legal training classes held at the Department

Office, were noted. An ambitious legislative program involving 10

bills was unsuccessful.

NEW YORK

By John J. Leonard, Supervising Inspector, State Bureau of Weights and Measures

Mr. Leonard reviewed recent amendments to the laws relating to

marketing of milk bottles, sale of fuel wood, sale of lawn dresshig and

fertilizer, and the marking of packages of flours and meals and of

thread. He stated that the trucking of coal into the State continued

to be a serious problem, and expressed the opinion that planned shortweight practices were "a well organized racket" which flourished notwithstanding the vigilance of weights and measures and police officers

and the imposition of larger fines and jail sentences on convicted

offenders.

NORTH CAROLINA

By C. D. Baucom, State Superintendent of Weights'and^Measures

Mr. Baucom mentioned a general rewriting of the basic weights and

measures law of the State and the recent amendment of the scale

3 In the absence of a delegate from Nevada, the Secretary of the Conference presented this report, which

had been submitted by mail by Mr. Wayne B. Adams, State Sealer of Weights and Measures.
10 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

mechanic act under which bonding is required. He said that appropriations had been increased, permitting a fifty percent increase in

personnel, but that his organization had been charged with the enforcement of two new laws, one requiring the inspection of all tobaccocuring installations, and the other fixing strength requirements for

concrete building blocks. He noted the satisfactory performance of

. his hydraulically operated scale-testing truck.

NORTH DAKOTA

By A. J. Jensen, Chief State Inspector of Weights and Measures

Mr. Jenson commented upon the general replacement with modern

equipment of the old-time small-capacity scales in his State, noting

some 900 new installations within the past four years; a force of nine

inspectors and three testing trucks make it possible to conduct tests

of all scales every fourteen months. Mr. Jensen urged all officials to

publicize in their own areas the activities of the National Conference,

and to adhere to its recommendations so that weights and measures

procedures may be unified throughout the country.

OHIO

By V. D. Campbell, Deputy State Sealer

Mr. Campbell reported the enactment of a law eliminating the legal

weights per bushel for fruits and vegetables and requiring sales of

these commodities to be on the basis of weight or count except when

sold in standard containers, by the bunch, or by the producer on his

own premises. He spoke of the successful operation of the new vehiclescale testing equipment, but noted the impossibility of covering the

State adequately with only one unit. Large turn-over among county

sealers, who are political appointees, places a heavy responsibility on

the State in the training of new officials. Procurement of special

equipment for testing vehicle tanks and meters is planned.

PENNSYLVANIA

By Joseph F. Blicklet, Director, State Bureau of Standard Weights and Measures

Mr. Blickley spoke principally of a successful legislative program

which resulted in: (1) Strengthening the laws, particularly the solid

fuel law, by increasing the penalties for violations ; (2) amendment of

the marking requirements of the pattern-approval law to permit full

acceptance of General Specification No. 1 ; (3) amendment of the law

regulating Babcock testing apparatus to conform to the requirements

of other States; (4) enactment of a requirement that fruits and

vegetables be sold by weight or count, at wholesale or retail, if the

original package be "broken"; and (5) enactment of a requirement for

net-content marking on every package of any commodity which sells

at retail for more than five cents.

RHODE ISLAND

By Edward R. Fishek, State Sealer of Weights and Measures

Mr. Fisher reported that within a few weeks a new vehicle scale

testing unit would be put into operation, thus supplying a much
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 11

needed facility. He commented upon the success of the training

program for local sealers, under which the State Sealer works in the

field with each county or city sealer for a two-week period.

TEXAS

By W. S. Bussey, Chief, State Division of Weights and Measures

Mr. Bussey said that the primary activity of the past year had

been the rebuilding of the State Division as to personnel and equipment. The legislature was prevailed upon to authorize salary

increases for the inspectors and to provide an appropriation of more

than $45,000 for equipment. The two existing vehicle scale testing

equipments were being replaced, two new equipments were being

designed, and additional inspectors had been employed and were

being trained.

VERMONT

By George E. Carpenter, Supervisor, State Division of Weights and Measures

Mr. Carpenter reported that no major changes had occurred in his

Division during the past year as to laws, organization, or facilities.

He said that Vermont was largely an agricultural State, , and that his

organization paid particular attention to milk plants and creameries,

where scales are regularly tested four times each year. He noted the

necessity for continual vigilance to control "chiseling", and commended consistent programs of investigation and supervision to

this end.

VIRGINIA

By R. D. Thompson, State Supervisor of Weights and Measures

Mr. Thompson reported some addition of manpower and a considerable increase in the amount of testing carried out. The plan

under which State inspectors do the testing in local jurisdictions and

the city or county bears the cost was said to be working out very well,

particularly in small or sparsely settled communities. The State has

acquired a mobile 100-gallon test-measure unit, to be used principally

for testing fuel-oil meters, and the city of Richmond has acquired a

200-gallon, trailer-mounted test measure. The State issued during

the year a printed booklet containing the Virginia and Federal laws

on weights and measures.

WISCONSIN *

By George Warner, State Supervisor of Weights and Measures

Mr. Warner's report noted a transfer of emphasis in the activities

of his Division since the war, from war plants and industry to the

producer, packer, distributor, and retail purchaser of commodities.

There were mentioned statutory changes relative to milk and cream

bottles, Babcock test bottles, and flour packages.

4 This report was presented to the Conference by Mr. M. W. Jensen, City Sealer of Weights and Measures

of Madison, Wis.
12 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

ANNOUNCEMENT REGARDING COMMITTEE REPORTS AND

PROGRAM PAPERS

The Chairman. The Secretary wishes to make an announcement

at this time.

The Secretary. As most of you know an effort was made prior

to the convening of this meeting to get into the hands of as many as possible of those who were coming, copies of the reports of the Standing Committees of the Conference. Reports of each of the five

committees were mailed to all State offices, to the members of all Standing Committees, to all of the officers of the Conference, to all members of the Conference Executive Committee, and to each person

of whom we had advance knowledge that he was planning to attend

this meeting.

Additional copies of these committee reports are available, and

will be found on the table at the rear of the room. There you will

also find the final report of the Committee on Specifications and

Tolerances, which was completed only yesterday; this is supplementary to the Tentative Report which was distributed by mail.

From time to time, as the various speakers on the program complete their addresses, copies of their papers will be placed on the table

so that you may pick them up for reading and study later on. With

one or two exceptions, all such papers will be available; the exceptions

are occasioned by failure to receive from the authors copies of their

manuscripts.

ABSTRACTS OF REPORTS OF REPRESENTATIVES OF STATE AND

REGIONAL ASSOCIATIONS OF WEIGHTS AND MEASURES

OFFICIALS 5

CALIFORNIA ASSOCIATION OF WEIGHTS AND MEASURES OFFICIALS

By Charles Morris Fuller, Sealer of Weights and

Measures of Los Angeles County, Calif.

Mr. Fuller reported that the Association had had its most active

and successful year, with three area meetings in each of five geographical districts in addition to the annual State meeting. The

California Sealers News is published three times a year by the Association, and carries minutes of each area meeting, State regulations,

and other material related to the work of the members.

INDIANA ASSOCIATION OF INSPECTORS OF WEIGHTS AND MEASURES

By William H. Roberts, Inspector of Weights and

Measures of Vigo County, Ind.

Mr. Roberts said that the regular schedule of a Spring meeting

and a Fall meeting each year was being followed, with special emphasis

on constructive publicity at all times. A question-and- answer ses- sion occupies an important place on the program of each meeting.

s As presented at the Conference, some of these reports were combined with the State reports. For convenience, of reference, association reports and State reports are separ ately grouped herein, and are presented

in alphabetical order by States.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 13

MASSACHUSETTS WEIGHTS AND MEASURES ASSOCIATION

By James J. Dawson, State Inspector of Standards

Mr. Dawson said that the principal function of the Association

was to foster constructive weights and measures legislation and to

cooperate with the State Division of wStandards in obtaining passage

of such legislation. An invitation was extended to attend the next

meeting of the Association,, to be held in historic Cambridge.

MICHIGAN ASSOCIATION OF V/EIGHTS AND MEASURES OFFICIALS

By George W. Martin, Sealer of Weights and Measures

of Ferndale, Mich.

Mr. Martin spoke of the clos^ cooperation existing between the

Association and the State Bureau of Foods and Standards, which he

attributed in part to the fact that the Association president is chosen

from the personnel of the State Bureau. He said that the Association

was in its thirty-fourth year, and would hold its next annual meeting

in February.

NEW JERSEY WEIGHTS AND MEASURES ASSOCIATION

By Francis J. Black, Superintendent of Weights and Measures of Trenton, N. J.

Mr. Black spoke briefly of the annual meeting of the Association

only recently concluded, saying that its registration of more than 250

established a record for Association meetings.

NEW YORK WEIGHTS AND MEASURES ASSOCIATION

By Robert Williams, Sealer of Weights and Measures of Nassau County, A

T

. Y. Mr. Williams reported that group meetings are held in various parts

of the State for informal discussion of enforcement problems, supplemented by annual meetings of the entire Association. The last

general meeting was the fortieth to be held.

NORTHWEST WEIGHTS AND MEASURES ASSOCIATION

By C. I. Hoel, State Inspector of Weights and Measures of Minnesota

Mr. Hoel said that the Association currently had a membership of over three hundred, including officials representing eight States and

numerous representatives of manufacturers and industry. Annual

meetings are held in the Spring, and informal evening meetings are held on a monthly basis except during the summer months.

OHIO SEALERS' ASSOCIATION

By Robert K. Slough, Sealer of Weights and Measures of Akron, Ohio

Mr. Slough reported that the Legislative Committee of the Association screened all weights and measures legislative proposals and

followed the policy of seeking passage of not more than one or two

bills at any session. He said that the Association had plans for publishing books of instruction for sealers, outlining methods of test for

specific classes of devices. Regional, "summer," and "annual"

meetings are held.

784131—48 3
14 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

PENNSYLVANIA ASSOCIATION OF INSPECTORS OF WEIGHTS AND MEASURES

By Irvin R. Shultz, Inspector of Weights and Measures of York, Pa.

Mr. Shultz cited the passage in one legislative session of eight bills

sponsored by the Association as evidence of the success attending the

efforts of the Legislative Committee of the Association. Annual

meetings are held, the next to be in Reading in November.

SOUTHERN WEIGHTS AND MEASURES ASSOCIATION

By W. S. Bussey, Chief, Division of Weights and Measures of Texas

Mr. Bussey spoke of the very successful meeting of the Association

held in New Orleans in June 1947, mentioning particularly the favorable local publicity received and the interest which the meeting generated in Louisiana in weights and measures supervision. Annual

meetings of the Association are held.

TEXAS WEIGHTS AND MEASURES ASSOCIATION

By W. B. Evans, Sealer of Weights and Measures of Houston, Tex.

Mr. Evans reported that the Association had not resumed full activity since the war, the only recent meeting having been in the

form of a two-day "school," held at the office of the State Division in

November, 1946. An invitation had been issued, he said, to the

Southern Association to meet jointly with the Texas Association

in 1948.

VIRGINIA WEIGHTS AND MEASURES ASSOCIATION

By R. D. Thompson, Supervisor of Weights and Measures of Virginia

Mr. Thompson said that the Education and Publicity Committee

of the Association had obtained newspaper publication in various

parts of the State of an illustrated feature story on weights and

measures. In cooperation with the State Department of Education

and the State Division of Markets the Association plans to produce

a weights and measures sound film to be shown in public schools and

before civic groups.

APPOINTMENT OF COMMITTEES

The Chairman. Conference committees, as you know, are of two

kinds, temporary ones that serve only during a particular meeting,

and the standing committees about which I have proposed that some

changes be made.6 For the Resolutions Committee, to serve for this Conference, it

is my privilege to appoint: L. E. Witt, of Milwaukee, Wis., Chairman;

Nails Berryman, of Florida; J. E. Brenton, of California; E. R. Fisher,

of Rhode Island; J. C. Mays, of Miami, Fla. ; R. W. Searles, of Medina County, Ohio; and I. R. Shultz, of York, Pa.

For the Nominating Committee, to serve for this Conference, I will

appoint: V. D. Campbell, of Ohio, Chairman; W. S. Bussey, of

Texas; M. C. Griffin, of Hartford County, Conn.; Erring Hansen, of

6 See pages 2 and 3.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 15

Minnesota; J. T. Kennedy, of the District of Columbia; J. P. McBride,

of Massachusetts; and E. F. Usher, of Highland Park, Mich.

Now for the standing committees the proposal is that I shall reappoint these committees, renaming the present Chairmen; then the

names of members other than the Chairmen will be drawn by lot to

determine which one serves for 1 year, which for 2 years, and so

on, it being understood that the present Chairman of each committee

will have a term corresponding in years to the number of members on

the Committee. After the current year, each committee will elect

its own Chairman for the ensuing year.

Accordingly, I announce the following committee members:

For the Committee on Specifications and Tolerances: J. P. McBride,

of Massachusetts, Chairman; G. F. Austin, Jr., of Detroit, Mich.;

Nails Berryman, of Florida; C. M. Fuller, of Los Angeles County,

Calif. ; and R. W. Smith, National Bureau of Standards.

For the Committee on Methods of Sale of Commodities: J. G. Rogers,

of New Jersey, Chairman; R. S. Ackerman, of Minneapolis, Minn.;

C. D. Baucom, of North Carolina; J. F. Blickley, of Pennsylvania;

J. A. Boyle, of Portland, Maine; L. R. Roper, of Seattle, Wash.; and

F. J. Young, of Monroe County, N. Y.

For the Committee on Legislation: R. E. Meek, of Indiana, Chairman;

C. A. Baker, of New York; J. A. Bernard, of St. Louis, Mo.; J. R.

Booth, of Haverhill, Mass.; V. D. Campbell, of Ohio; L. E. Witt, of

Milwaukee, Wis. ; and F. C. Yarbrough, of Charlotte, N. C.

For the Committee on Weights and Measures Education: W. S. Bussey, of Texas, Chairman; G. E. Carpenter, of Vermont ; J. T. Kennedy,

of the District of Columbia; J. M. Paddock, of Illinois; R. D. Thompson, of Virginia; E. F. Usher, of Highland Park, Mich.; and Robert

Williams, of Nassau County, N. Y.

For the Committee on Trading by Weight: J. H. Meek, of Virginia,

Chairman; J. E. Brenton, of California; Erling Hansen, of Minnesota; A. J. Jensen, of North Dakota; and H. K. Thatcher, of Arkansas.

Mr. Smith has arranged some machinery for drawing by lots. I shall let him explain.

Mr. R. W. Smith. For each committee I have an envelope containing slips carrying the names which the presiding officer has just

announced as committee members, except that the name of the committee Chairman has been omitted in each case. The slips are so folded that the names cannot be read until the slips are opened up.

I shall call for the Chairmen of the committees in alphabetical order of

committee names, and for each committee the Chairman will successively draw the slips and announce the names; the first name to be

announced will be that of the committee member to serve for 1 year, the second name announced will be that of the member to serve for 2 years, and so on. Will Mr. Rollin Meek, Chairman of the

Committee on Legislation, please step forward?

(Mr. Meek drew the slips and announced the names in the following order: V. D.

Campbell, F. C. Yarbrough, J. A. Bernard, L. E. Witt, C. A. Baker, J. R. Booth.)

Mr. R. W. Smith. Will Mr. J. G. Rogers, Chairman of the Committee on Methods of Sale of Commodities, please come forward?

!
16 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

(Mr. Rogers being out of the room, the presiding officer volunteered to draw

the names and did so in the following order: F. J. Young, J. A. Boyle, J. F.

Blickley, R. S. Ackerman, L. R. Roper, C. D. Baucom.)

Mr. R. W. Smith. Will Mr. McBride, Chairman of the Committee on Specifications and Tolerances, please come forward?

(Mr. McBride drew the slips and announced the names in the following order: C. M. Fuller, R. W. Smith, G. F. Austin, Nails Berryman.)

Mr. R. W. Smith. Will Mr. J. H. Meek, Chairman of the Committee on Trading by Weight, please step forward?

(Mr. Meek drew the slips and announced the names in the following order: A. J. Jensen, J. E. Brenton, H. K. Thatcher, Erling Hansen.)

Mr. R. W. Smith. Will Mr. Bussey, Chairman of the Committee}

on Weights and Measures Education, please come forward?

(Mr. Bussey drew the slips and announced the names in the following order:

R. D. Thompson, J. M. Paddock, Robert Williams, E. F. Usher, J. T. Kennedy,

G. E. Carpenter.)

The Chairman. I hope that the new committee plan meets with

your favor. I think it is worth a trial, because we do expect working

committees, and under the new plan, with a new member each year,

no one man will be overworked.

This concludes the business for the morning session.

(At this point, at 12:30 p. m., the Conference recessed for luncheon.)
SECOND SESSION—AFTERNOON OF MONDAY, SEPTEMBER 22, 1947

(The Conference reassembled at 2:10 p. m., Nails Berryman, Vice President

of the Conference, presiding.)

FROZEN FOODS—A SYMPOSIUM

REMARKS OF C. A. BAKER, DIRECTOR, BUREAU OF WEIGHTS AND MEASURES

STATE OF NEW YORK

In this discussion of frozen foods in relation to the problems which

they create for weights and measures officials, I wish to say, first of

all, that I have endeavored through correspondence with many of our

State Superintendents and Directors, to obtain as clear a picture as

possible of the things which we generally agree should be done for the

protection of the consumer. Many of the problems which face us and for which solutions must

ultimately be found are due to the fact that we are dealing with a rapidly growing young giant of an. industry, which like most excessively rapid growths, appears to be suffering from "growing pains."

Twenty-five or thirty years ago, the automobile industry went through

a similar period. Many of us can recall the names of well-known

makes of cars which were common in those early days that have now

completely disappeared from the market. I believe much the same

thing will eventually happen in various classes of frozen foods. In

fact, there are ample signs that it is already taking place in some lines.

The great expansion of the frozen-food industry within the past few

years has been due largely to the chaotic food situation which re- sulted from war-time disruption of normal food supplies and packing

processes. Many packers attempted to take advantage of this

situation without having either adequate facilities or adequate knowledge for processing the products which they placed on the market.

Inferior quality was a direct result of such operations, and while it might be argued that weights and measures officials should not be

primarily concerned with such matters, nevertheless, products which

are poor in quality or improperly packed usually mean excessive

shrinkage with corresponding loss in weight or volume, with which

we are directly concerned, so there is a definite connection between

quality and quantity where enforcement of weights and measures law

is involved.

Weights and measures officials apparently agree that all packages

of frozen foods should be correctly marked with the net weight of the

contents. New York State does not permit the use of any qualifyingphrases such as "when packed," "not less than", etc., which means

that the weight indication on the package must mean the actual net

weight at time of delivery to the consumer. I believe that a majority

of our States have similar requirements in this respect; therefore, the

17
18 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

frozen-food packers or processors will avoid trouble on interstate

shipments if they eliminate the use of such phrases in connection

with the weight indication on their products.

In further reference to the maintenance of net weight at time of

delivery to the consumer, as indicated on the package, many of our

State officials believe that no specific tolerance should be established

either by law or regulation; that if tolerances are established, unscrupulous individuals might attempt to take advantage of any

tolerance that might be set up in relation to weight deficiencies. I am inclined to the view that specific tolerances should be provided,

both in excess and deficiency, as an aid to good enforcement procedure

and as a guide and aid to the industry in holding the weight variation

on their products within reasonable limits.

In our State, tolerances have been established by regulation on

some products, and we have not found that packers attempt to take

advantage of them. In fact, they cannot do so for the reason that the

regulations also specify that the weight variation "must be as often

above as below." This provision applies to all commodities for which

definite tolerances have been provided.

It would seem preferable to set up definite and uniform tolerances

for specific items after study, experimentation and conferences with

the industry rather than to say that reasonable variations shall be

permitted, for the term "reasonable" is subject to as many interpretations as there are States in the union or firms engaged in packing

frozen foods.

For the purposes of this discussion it is not my intention to enter

the field of quality determination for frozen foods, as it is my understanding that this phase of the subject will be thoroughly covered

from that standpoint during this Conference.

In New York State, matters pertaining to the quality of food products are under the supervision of our Bureau of Food Control which

enforces the provisions of our State law in relation to quality, supplemented by the Federal Food, Drug, and Cosmetic Act in the absence

of State statutes which may be applicable.

As weights and measures officers, we are only directly concerned

that the net weight of the contents shall be as represented on the

package. Whether or not the product contains an undue percentage

of liquid, is deficient in solids, or is otherwise inferior in quality, is left to the Bureau of Food Control and our State Food Laboratory,

to determine.

I believe this is also true in many other States where agencies other

than weights and measures departments or bureaus are charged with

the duty of determining quality. When weights and measures

officers are responsible for quality as well as quantity determination,

it is certainly of prime importance to have definite provisions established for their guidance in these matters.

Apparently, one of the most controversial problems with which we

have to deal, is in regard to the marking of a weight indication on

individual frozen fish fillets by the packer. The current trade practice, with some notable exceptions, is to pack a number of fillets of

approximately the same average weight (usually a pound) in cartons

or boxes containing five or ten pounds. These containers may be
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 19

correctly marked with the net weight of the contents but the individual

wrapped fillets are not marked and must be weighed and marked with

the correct weight by the retailer if he complies with the law, otherwise one customer may receive a 14-ounce fillet and the next, an 18-

ounce package.

Representatives of the frozen fish industry have said that from their

point of view, only two solutions of the problem are possible. First,

to pack to a predetermined weight (such as one pound) which would

be stamped or printed on the individual wrapper or carton. This

would necessitate cutting some fillets and adding to others, plus the

additional labor item required to weigh such fillet separately. They

estimate that this method would increase the cost of the fillet to the

consumer by approximately five cents per one pound package.

Their second suggestion, and the one which they prefer because of

the cost item involved, is to mark the individual fillet wrapper with

the legend "TO BE WEIGHED AT TIME OF SALE." While we

might, in the interest of uniform packing procedure and enforcement,

accept the latter marking in lieu of a net-weight indication, I am

inclined to believe that in order to do so, we would have to write an

exception in our law to cover this particular product. In this connection, it should be remembered that whenever such an exception is made, we are inviting similar requests or demands from packers of other

commodities, who may feel that they have equally good reasons for

asking special consideration for their product.

In the absence of time-study records or other cost factors, it would

appear that the industry estimate or statement "that the cost of

weighing and marking individual fillets would equal five cents each,"

is certainly open to question. While the use of a fancy lithographed

carton would increase the cost considerably, I see no reason why the

present cellulose or parchment wrapper could not be used. The cost

of printing a weight indication on these wrappers in addition to the

name and address of the packer, would be negligible.

All weights and measures officials are agreed on the desirability of

standardization of packages; in fact, the National Conference on

Weights and Measures has consistently recommended and indorsed

such action in relation to all foods in package form. The Conference

has recommended that packages should be put out in 8 ounces, 12

ounces, 16 ounces, \% pounds, and multiples of 1 pound, with quantities in small packages of 1, 2, 3, or 4 ounces. This would eliminate

packages marked in fractional parts of ounces, which are always a

source of confusion to the average consumer.

I would go further, and recommend to the industry that insofar

as possible, they should standardize the size of packages (for similar

products) in relation to the quantity which they contain. A package

may be correctly marked "12 ounces" but by increasing the dimensions

very slightly, it may be made to appear the equivalent in size of a 1-

pound package. Many consumers buy entirely on the apparent size

of the package without reference to the quantity declaration which

may be more or less conspicuously placed upon it. To illustrate, one of our inspectors recently purchased two packages

of sliced frozen strawberries packed by different firms. The first,

weighing 1 pound, sold for about 54 cents. The second, containing
20 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

12 ounces, sold for about 7 cents less. The difference in weight was

25 percent but the difference in cost was only about 13 percent. From

general appearances the two packages were very similar. I am indebted to Director McBride of Massachusetts for the following excerpt from Judicial Instructions to a jury in a Federal' Court,

in which this statement appeared: "The law requires a manufacturer

to be honest in his statement of the contents of a package containing

a food product and it requires him to be honest in stating the truth

on the labels put on it. It is the purchasing public, the ultimate

consumer, whom the provisions of the law are primarily intended to

protect. The law is not made for the protection of experts, but for

the people, that vast multitude which includes the ignorant, the unthinking and the credulous who, in making purchases, do not stop to

analyze, but are governed by appearances and general impression.

It makes no difference that dealers in the article are not deceived. It

is the probable inexperience of the customer that you should consider."

In relation to an allowance for loss in weight on frozen food products,

it would seem that the industry itself, by expei-imentation in their own

laboratories, could and should determine the normal loss in weight

to be expected on various items as a result of the freezing process and

storage under proper conditions for the length of time such items would

ordinarily be held in retailers' stores. All items which show a consistent and determinable loss in weight

under normal conditions should be overpacked to allow for such loss,

in order that the consumer may be assured of receiving full weight

at the time of delivery. All packers of food products have to contend

with this problem to some degree, regardless of what processing

method is used. Most of them honestly and consistently endeavor

to maintain accuracy in weights which are delivered to the consumer.

The frozen food industry is not alone in having to face these problems.

They are neither entirely new, except in degree, nor impossible of

solution, although they may appear so to some few packers who have

not had experience in food processing by other methods before entering

the field of frozen foods.

In direct relation to the enforcement of weights and measures law

in regard to frozen foods, I can give no better advice than a quotation

from a paper presented at the 34th Conference of the Indiana Association of Inspectors of Weights and Measures, this year, by Mr. T. E.

Sullivan, Acting Director of the Food and Drug Division, Indiana

State Board of Health. Mr. Sullivan had this to say in his closing

remarks

In the absence * * * of any definite standards on which to rely, it is neces- sary for those who are enforcing the Food and Drug Act to use common sense and

judgment in determining whether an article is in violation. If a package of frozen

food weighs less than the amount stated on the label, it is obviously short weight.

If this short weight involves a very small percentage of the total weight, and might

have been brought about by normal shrinkage, it would probably be excusable.

If the shortage is substantial, action should probably be taken. Similarly if a

frozen article consists of an abnormal quantity of water' or syrup, it is probably

adulterated. On the other hand if the quantity of packing medium seems reasonable for the product packed in it, it is probably all right.

At this point I wish to depart briefly from my prepared paper.

Just before I left Albany, I saw this item in a newspaper:
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 21

Nine years of research have produced a new method of packaging frozen fillets of cod and haddock into a solid piece. These fillets come in one-pound packages,

odorless and moisture-free, and measure three-quarters of an inch thick, eight

inches long, and four inches wide. They fit into the ice compartment of the

refrigerator.

You can cut them into any size portion and cook without defrosting. The

fillets adhere to each other, under a secret process, and remain in one piece through

any method of cooking. They flake, however, when eaten. Edward H. Cooley, President of the company that perfected the process believes

this new method of packing frozen fillets will greatly increase the use of fish in the family menu.

I had the opportunity to check-weigh several packages of fillets. I weighed 18 packages in all, six packages of frozen cod, six packages

of frozen haddock, six packages of fillet of perch. The greatest variation in any of them was on the fillet of haddock, six fillets being 2 ounces overweight in the six packages. The greatest shortage in any

one was one and one-half ounces, and the greatest amount in excess was three-quarters of one ounce. The fillets of perch weighed exactly

six pounds, and there was no appreciable variation of any of them

when weighed on the modern computing scale. On the total of six

fillets of cod, the weight was about 2 ounces in excess.

I think that offers a possible solution to our marking problem.

There is no reason why the manufacturer could not place a net weight

figure on these fillets. In closing I wish to express my thanks and appreciation to the

members of the industry who have given us their assistance and

cooperation in attempting to meet our mutual problems.

REMARKS OF R. A. OSBORNE, FOOD AND DRUG ADMINISTRATION, FEDERAL

SECURITY AGENCY

At the 30th National Conference on Weights and Measures, June 6,

1940, W. S. Frisbie of the U. S. Food and Drug Administration

discussed general regulations under the Federal Food, Drug, and

Cosmetic Act relative to net weight, and Sumner C. Rowe of the Administration presented a paper dealing with the general problems of

deceptive containers. At the 32nd National Conference last year, W. A.

Queen of the Food and Drug Administration discussed recent regulatory activities of the Administration in the field of short weight and

deceptive packaging. It may be timely today to discuss some of our problems with frozen fruits.

The Food and Drug Administration has been giving considerable

attention to frozen fruits for the last several years. Our first work on

these fruits was with the fruits packed primarily for manufacturing

use, particularly for fruit preserves. Later, as the packing of fruit

and sugar in containers for household use increased, different types

of problems arose. One which is of particular interest to you is the

quantity of contents of the individual packages.

We have discussed this matter with a number of weights and

measures officials and we are aware that some hold the view that

packaged frozen foods should be declared in terms of the drained

weight of the solid material as distinguished from any liquid medium

in which it may be packed. A careful study, in its context, of section

403 (e) of the Federal Food, Drug, and Cosmetic Act and the regulations thereunder, will reveal that it requires an accurate declaration

of the quantity of contents of the food in the package. It is obvious
22 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

that the quantity of a food in a package of frozen fruit would be the

combined quantities of fruit ingredient and any sweetening or packing

medium, including the sugar or sugar sirup, that is used in its preparation and that is ordinarily consumed by the purchaser. Thus a quantity of contents declaration that would include only the solid or drained fruit portion of a frozen food packed in such an edible

medium would not meet the requirements of this law for goods

shipped in interstate commerce.

So far as frozen fruits are concerned, there is, aside from the legal

question involved, a practical consideration which we believe would

interdict the application of such a requirement regarding the quantity

of contents declaration. When fruit is frozen and later thawed,

there is always the release of some liquid. This separation of liquid occurs no matter whether sugar or sirup or water is added to the

fruit. The relationship of the weight of the drained fruit in the

thawed product to the original fruit has been studied by ourselves

and others, but so far we have not worked out any precise relationship

for all fruits. Work is still continuing on this problem.

It is the general practice to use some sweetening agent with almost

all fruits which are to be frozen for household use. In the beginning

this was usually dry sugar, but as the result of trials of various sirups,

it has been found that in the case of certain fruits the appearance and

quality of the thawed product are better where the fruit is covered

with sirup before freezing. In all cases with which I am familiar, the

sweetened liquid which separates after thawing is a very desirable

part of the food and is used by the consumer for food purposes.

Different types of abuses have arisen in connection with the packing

of frozen fruits. One in which the Food and Drug Administration is interested is the use of moldy or decomposed fruits. However, this is not primarily a problem with which you are concerned. Another

problem has been the misbranding of the packages as to the quantity

of contents. We have found at times, e. g., that the statement of

quantity of contents has been inaccurate and in some instances this

had led to regulatory action under the Federal Food, Drug, and Cosmetic Act. Two such instances are the following:

Two lots of frozen blackberries with sugar, packed in Kentucky and

labeled as containing 16 ounces net weight, were found to actually

contain from 12.6 ounces to 17.3 ounces and an average of 14.61 ounces net. The lots were seized and it was charged that the shipments were misbranded as defined under section 403 (e) of the Act

which states in part "A food shall be deemed to be misbranded . . . if in package form unless it bears a label containing an accurate

statement of the quantity of the contents."

A packer in New York State had two lots of strawberries and one lot

of raspberries seized for failure to label the packages with the name of

the manufacturer, packer, or distributor, with an accurate statement

of the quantity of contents, and with the common or usual names of

the ingredients as called for under sections 403 (e), (e) (2), and (i) (2)

of the Federal Act.

Another type of abuse which has been encountered is the use of ex- cessive amounts of sirup and the use of sirup of very low sugar content.

Some have raised the question as to whether the use of insufficient

fruits should be called slackfilling or adulteration. It is our view that
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 23

under the terms of the Federal Food, Drug, and Cosmetic Act, such a

frozen fruit containing excessive amounts of sugar sirup, or of a sirup

that would result in the addition of excessive quantities of water, can

in the absence of a definition and standard of identity, be effectively

dealt with only under the adulteration provisions of the Act, primarily

that provision which would in effect declare such a product to be adulterated by reason of the substitution of sugar sirup and water for the

fruit. A typical example is perhaps in order.

A firm in the State of New York packed an average of 7.35 ounces

of whole strawberries with 8.62 ounces of water and sugar in waxed

paper containers, size 3% by 3% by 2% inches, or 29 cubic inches. The

strawberries were seized and it was charged that the product was

adulterated as defined under sections 402 (b) -(2) and (4) of the Federal Food, Drug, and Cosmetic Act which states "A food shall be

deemed to be adulterated ... if any substance has been substituted

wholly or in part therefor, or if any substance has been added thereto

or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater

value than it is." On thawing, the frozen strawberries were very

sloppy. They contained an excessive amount of packing medium.

A package of this cubic content could hold in the neighborhood of

12 ounces of whole strawberries.

We have found packages of frozen loganberries, frozen boysenberries, and other fruits to be adulterated in a similar manner and

actions were taken under the Federal Food, Drug, and Cosmetic Act.

In those cases in which the combined quantity of fruit and sugar

solution are insufficient to fill the container to capacity, it can properly

be alleged that the package is slack filled. This question was involved in a seizure action which was taken against a lot of red raspberries packed in the state of Washington; the packages were slack

filled as defined under section 403 (d) of the Federal Act, which states

in part "A food shall be deemed to be misbranded if the container is so made, formed or filled as to be misleading." The berries were in

boxes having dimensions of 5 by 4 by 1% inches or 35 cubic inches.

The average fill of container was 65 percent when in a frozen condition.

The packages contained 9 ounces of berries and 3 ounces of a sugar

solution and the declared net weight was 12 ounces. The firm this

year packed the same ratio of fruit and packing medium, and the

same net weight in boxes 4K by 3/2 by 1% inches, or 27.5 cubic inches.

All of the legal actions we have cited have been terminated within

the past year.

In considering adulteration of the kind discussed, it will readily be

seen that one of the questions that is likely to arise is what is a suitable

ratio between fruit and sugar or fruit and sirup. Another is how such

a ratio can best be arrived at. Such a ratio might be included as a

factor in a definition and standard of identity for a frozen fruit.

Without such a standard it is possible to take action only where the

quantity of sirup is obviously in excess of the amount needed to

properly cover the fruit before freezing.

We have been accumulating data looking toward a hearing on

proposals to adopt definitions and standards of identity for various

frozen fruits. On this we have made considerable progress. The

question of quality standards is much more complex. In quality
24 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

standards under the Food, Drug, and Cosmetic Act, we have considered it necessary to have some objective methods for determining

those factors which enter into quality. This, as you realize, is quite

difficult. It is possible that identity standards will be adopted in

advance of quality standards for frozen fruits.

In the case of fill of container, the problem of standards is closely

connected with identity standards. If identity standards are adopted

which provide for a certain ratio between fruit and the sweetening

ingredient, then a fill of container standard might simply provide

that the food fill a certain percentage of the space in the container.

Some elements in the frozen fruit industry, however, would like to

follow the precedent set in standards for canned fruits whereby the

relationship between fruit and sirup is fixed by the fill of container

standard rather than the identity standard. What will be finally

done in this respect cannot be predicted accurately at this time,

although it would seem, on the basis of present information, that

better results in the case of frozen fruits would be obtained by fixing

the ratio of fruit and sweetening agent in the identity standards.

As you know, the types of packages used for frozen fruits for household use have changed and are still changing from year to year. Some

frozen fruit is actually packed in tin cans. A recent type of package

is a container with metal ends and waxed cardboard sides. Considerable amounts of fruit are packed in cups with inset bottoms.

These present some problems as to the possibility of deception due

to the space beneath the insert. This problem is essentially the same

as with other types of foods packed in the same type of container,

and need not be discussed as a separate problem of frozen foods.

I have said nothing so far about frozen vegetables. With these

products we do not have the problem of added sirups, although there

may at times be some excess of wash water left on certain types of

vegetables. In general, however, we have not found this to be the case. There are a number of miscellaneous prepared foods which are frozen and put out in small packages. Each of these usually presents

a problem in itself. Take for example the case of a product called

"Creamed Salmon," which consists of cooked salmon in a cream sauce with certain condiments. I refer to this particular food since it brings

out the problem common to many foods as to whether there is any

way under the quantity of contents requirements of controlling the

amount of salmon in relation to the amount of sauce or other similar

constituent. In our opinion there is not. The food is the mixture of

salmon and sauce, and if there is an excess of sauce, it may be alleged,

if it can be proven, that sauce has been substituted for salmon. Of

course, standards of identity for this type of food would go far in solving the problem, but it seems unlikely that standards under the Food,

Drug, and Cosmetic Act can be made for these miscellaneous foods for

some years to come. As you well know, there are many problems

connected with other frozen foods, particularly the various "frozen

dinners" and with so-called seafood cocktails about which I have had

nothing to say. My experience has not included work on these products since I have been primarily' engaged in work on frozen fruits.

This work is still under way and we appreciate the comments and suggestions of other regulatory officials who are concerned with these and
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 25

with related problems. It will be very helpful to us to have your comments and suggestions regarding abuses existing in packaging of frozen

foods and as to what should be done to correct them.

DISCUSSION OF PRECEDING PAPER

Mr. Bauoom: Dr. Osborne, you speak about the ratio of the foods

to the preservatives; would it not be a reasonably satisfactory arrangement to declare that the preservative shall only occupy a limited

amount of space? You also speak of the drying out of a certain amount

of moisture. Does the extraction of moisture vary in direct proportion to the moisture content of the food involved?

Mr. Osborne: On your first question I think you are fundamentally correct. The package should be reasonably well filled with

the food ingredient and the packing medium should be just such as to cover the food. That would be sound reasoning I think.

Your second question is more difficult to answer. There are a number of factors which seem to affect the drained weight; for example,

a food like black raspberries has a rather solid content and is rather

well dried fruit; this would drain higher—that is, the percentage of the

weight drained on the screen as compared with the weight of the food

put in would be higher—than in the case of a fruit like strawberries

with low solids content. Strawberries run around 8 percent solids

and black raspberries will probably run as high as 18 percent—I do

not know the exact figures. There is a relation though. Of course

there are other factors, as I said—the factor of maturity, and probably

the area of production may have something to do with it. I have not

studied this question in just the way you have suggested and I cannot

give you a complete answer, but there is a relationship.

REMARKS OF CLIFFORD F. EVERS, TECHNICAL DIRECTOR, NATIONAL ASSOCIATION OF FROZEN FOOD PACKERS

It is an honor and a pleasure to be with you today and to have the

opportunity to be one of the speakers on your program.

As an introduction to my subject, I believe a brief history of the

frozen food industry will be of interest to you. Even though freezing, as a method for preserving food, probably dates back to the time when

man first inhabited cold northern climates, the frozen food industry,

as we know of it today, is comparatively recent in origin. In order

to state the approximate dates that this industry originated, it is necessary to distinguish between several types of methods and

resulting frozen products.

Sharp freezing as a means of freezing preservation came into use on a commercial scale about 1865 with the artificial freezing of fish

and poultry. The freezing preservation of meat started about 1880.

The cold-packing industry had its beginning, about 1905 with the

freezing of small fruits for remanufacture for jams, jellies, pies, and

ice cream. Commercial quick freezing of vegetables and the freezing

of fruits for table use are of much more recent origin, having started

about 1929. The freezing of consumer size packaged frozen fish,

meat, and poultry also began about the same time. Some precooked

foods date back to the early 30's, as frozen crabmeat and lobster
26 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

meat, both of which had to be cooked as a means of preparation, were

on the market at that time. The first volume packs of precooked

frozen foods began about 1942.

Unfortunately the industry does not have any reliable statistics on

the annual production of packaged frozen fish, meat, poultry, and precooked foods. However, we do know that the total 1946 pack of

frozen fruits, berries, and vegetables in retail containers amounted to

approximately 379 million pounds. The industry's potential is still very great when one interprets that figure to indicate an annual per

capita consumption in this country of less than 3 pounds.

With that much of an introduction to the history and size of the

frozen food industry, the rest of my talk will be limited to the subject

of weights and measures of packaged frozen foods, in which you have

a particular interest.

In accepting your committee's kind offer to be one of the speakers

on today's program, my purpose is not to lobby against legislation

that your group has in mind for consideration and action, but to better

acquaint your group with the methods and problems of the frozen

food industry. It seems to me that your group cannot proceed with

your contemplated activities without giving full recognition to the

nature of the frozen food industry and the products of that industry.

To illustrate the need for your group to fully understand our products and problems, I wish to cite certain recommendations incorporated

in the Tentative Report of the Committee on Sale of Commodities.

I sincerely hope that my comments will be accepted as constructive

criticism. For example one of the items that you have in mind for

consideration and action at your present Conference is weight declaration on packages of frozen foods. You state that all frozen foods in

package form should bear a quantity declaration, together with the

name of the food contained and the name and address of the packer or the agency responsible for the distribution of such packages. Does

not existing Federal law require what you believe should be done?

Does not failure to comply with tnis requirement make the product

misbranded under Section 403 (e) (2) of the Federal Food, Drug, and

Cosmetic Act? As I see it, your proposal would serve no useful

purpose, but would merely duplicate existing law.

In reply, you might point out that your main concern is with drained

weight. However, in this connection I doubt that you appreciate

fully the many difficulties involved in this problem. You state that

frozen foods should be sold by avoirdupois net weight based on original

drained weight of the commodity. I feel sure that the frozen food

industry would not react sympathetically to a proposal of that kind,

in view of the fact that other processed foods are not labelled and sold

in that manner. In the case of canned peas for example, the label

does not declare the weight as so many ounces of drained peas. Moreover, the frozen food industry packs vegetables without any packing

medium. True, the product is not bone dry, for during the necessary

washing, blanching, and cooling processes the product is in contact

with water and therefore some moisture will adhere to the surface.

However, to the best of my knowledge, no vegetable is ever packed for

freezing without first being subjected to a draining or dewatering

process. Therefore frozen vegetables are packed just as dry as is possible under good and normal commercial practice.

!
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 27

In the case of frozen fruits, we have a different situation. Here

again the proposals of your committee seem to discriminate against

the frozen food industry in that the declared weight on a can of peaches

is not so many ounces of drained solid product. As you well know,

sugar syrup or some liquid packing medium is absolutely necessary

for the proper heat processing of canned fruits, and as you also know,

sugar syrup as a packing medium is equally necessary for the proper

freezing preservation of most fruits. If you question that statement, I suggest that you freeze and store a few slices of peaches in the ice

making compartment of an electric refrigerator. It is doubtful if you

would care to eat that product after thawing. Both for technological reasons and in line with consumer requirements, the frozen food industry has long ago established the fact that sugar syrup is a necessary

packing medium for many frozen fruits.

As to the drained weight of these products, it can only be said that

to date no one has established a positive relationship between drained

weights and the quality or quantity of ingoing fruits or methods of

processing and freezing. Packers with years of experience in this

industry know what they put into a package, that is, ratio of fruit to

syrup, but it is impossible to know exactly what amount of solids

will drain from that package after thawing. There simply is no consistent and exact relationship between put-in weights and cut-out

drained weights. In any event, the industry aims at selling a processed product that is as near to the "prepared for the table" fresh

product as can possibly be produced. Perhaps during the war years

there have been some instances when through ignorance or otherwise,

some people did use a very light density syrup as a packing medium

and perhaps more syrup per package than would be considered good

industry practice; but consumer acceptance soon puts these people

out of business. Quality packers, as a standard procedure, have

packing specifications that call for putting as much prepared fruit

into the package as the package will hold without crushing or mashing

the ingoing product, and only enough syrup is added to fill the voids

and cover the product.

In the case of precooked foods the frozen food industry is again put

at a disadvantage by your present thinking. A can or glass jar of

heat processed prepared meat, such as beef stew, does not carry a

label indicating the weight of the solid ingredients in avoirdupois' ounces and the quantity of the gravy in terms of liquid measure. Yet

that is what you propose for frozen precooked foods.

I sincerely hope that your Committee on Sale of Commodities will

give serious thought to the many problems involved and that as

legislation is proposed some thought will also be given to the situation

from the packers' angle. Perhaps it would help you in formulating

legislation to know some of the details of the methods used by packers

to insure that their frozen food packages go out to the public containing

the proper weight of contents.

Some frozen products, such as peas, lima beans, and cut corn are measured into the package by volume. Even so, some packers weigh

every package, and all at least check-weigh their packages. Other

frozen vegetables, such as asparagus and spinach, are packaged by

hand either directly on a scale or every package is check-weighed after

filling. Fruits such as peaches and apricots are usually hand packed
28 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

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although there are some volume filling machines used for sliced

peaches. After the fruit is weighed into the package a measured

amount or a definite weight of syrup is added to the fruit. Following

this, the packages are check-weighed for total net weight. Other

fruits, such as sliced strawberries with sugar, are thoroughly mixed

before packaging and the mixture is usually volume filled into the
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 29

package, although some packers weigh in the mixture. In either

case, filled packages are check-weighed.

As a part of this paper I submit a type of a weight sheet (see fig.

1) that is similar to the various types being used by many packers.

The use of this form gives the packer an excellent resume of the

weights of the frozen packages that he has produced. In practice, a quality control assistant, at frequent intervals, collects at random a number of packages at the end of the filling line. The time of the

examination and the packing line that the packages were taken from,

are recorded on the form. Each package is then weighed and the

weight of each is recorded by the use of a tally mark in the proper

space. The results are then summarized for that group of check

weighings. The floor lady in charge of the packing crew, the plant

superintendent, and the quality control department now have before

them a record that immediately flashes a red flag if average weights

are poor or if filling weights are uneven. Adjustments can be made

at once to correct the situation.

At the close of the day a recap is made of all weight sheets and

these data are usually passed on to top management. Having had

many occasions to see some of these recap records, it is justifiable to report that underweight readings usually amount to less than 2 percent, whereas overweight readings often run as high as 99.9 percent.

To be very specific I can well remember some actual figures on a pea

pack which covered packages that were volume filled by a machine.

The actual tonnage produced is beyond recall but during the pea

packing season in this one plant over 60,000 packages were check

weighed, and of these 90 percent were overweight and only 1.5 percent were underweight. With data like that I believe you will agree

that the frozen food industry is not guilty of short weights.

Man}^ of you probably know that the Food and Drug Administration is actively engaged in studying many of the problems that concern you. At some future date, this agency plans to issue standards

of identity, quality, and fill of container for various frozen foods.

When this is done, Federal law will eliminate the malpractices with

which your group now appears to be extremely concerned. In the

meantime, I want to assure you that as a practical matter, the industry is very serious in its intentions to pack products of excellent

quality for the users of frozen foods.

Packers in the industry are as much, if not more, interested than

you or any other governmental group in making certain that putchasers of frozen products receive what they pay for, and are satisfied

with the products they buy.

REMARKS OF G. HODGES BRYANT. CHAIRMAN OF THE BOARD, FROZEN FOOD

INSTITUTE, INC.

So the members of this Conference may be able to weigh the subject

matter of my remarks on standardization for the purpose of accepting

or rejecting them, in whole or in part, I ask full audience indulgence

while I give a brief outline of the relationship of the Frozen Food

Institute to the frozen food industry.

784131—48 4
30 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

The Institute, now functioning as an international organization, was

created primarily as a non-profit, educational, research body to

discover, through academic, laboratory, and practical methods, the

essentials of all phases of the frozen food industry, to endeavor to

accept all problems of research pertaining to the frozen food field as they arise, and to deal with such problems with the authority of

science, logic, and in an open-minded, unbiased, non-prejudiced

manner. As the discoveries are made the Institute passes them on, in

the form of recommendations, to the trade.

To adhere to the essence of the word Institute—which word Webster

defines as "fundamental principles; an established principle, rule or order"—with the least number of mistakes (we are not infallible) the

Institute was founded as an academic research group, with a definite

requirement of a degree in some profession kindred to frozen foods

(engineering, food technology, bio-chemistry, biology, market re- search, packaging design, etc.) as eligibility for membership. This rule

still prevails in the main body known as Frozen Food Institute, Inc.

However, as the Institute grew it was found advisable to broaden its

scope through the establishing of an associate membership permitting

any firm or individual, operating commercially in any branch of frozen

foods, as well as any trade group so desiring, to associate with the

Institute and thus gain immediate, first hand, authoritative knowledge

to help them in their operations.

This brief outline should aid this audience to see the motivating

power belling the acceptance of the invitation given FFI by your

Secretary, Mr. R. W. Smith, to have a representative appear on this

Conference program.

We have no axes to grind, no policing policies to exploit. FFI is here in the hopes of helping the progression of the frozen food industry

through one of its most important phases, namely, standardization of

packages and a universal program of a constructive nature concerning

weights and measures. This motive was evidenced at our Annual Convention of this year,

held in Boston in April, when for the first time in the frozen food

industry a panel was devoted to open discussion between our members

and 17 directors of standards from 17 different States.

Many paramount issues on standards were brought out at that

April panel. On the following clay, a special FFI Standards Committee

was appointed to carry on. Today's factual outline is the outline of

that special committee's findings to date—we have not fully completed

our committee program—as they pertain to weights and measures. For your further knowledge I name the individuals who comprise

that committee: Mrs. Anna De Planter Bowes, Chief, Division of

Nutrition, Department of Public Health, Pennsylvania; Dr. Herman

W. Dorn, Research Director, Lincoln Laboratories, Inc.; Dr. M. B.

Galbreath, Director, New York State Agricultural and Technical

Institute; Dr. White-Stevens, Director of Food Purchases, Hospital

Bureau of Standards and Supplies, Inc.; J. Gordon Lippincott, J. Gordon Lippincott and Co., Industrial Package Design; Dr. Albert

A. Johnson, Founder and First President, New York State Institution

of Applied Agriculture; Dr. Paul W. Chapman, Dean, College of

Agriculture, University of Georgia; Dr. J. Raymond Adams, Managing Editor, Frosted Food Field; Jacob Fisher, President, Frigidinner,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 31

Inc.; Seth L. Kast, President, Frostrite, Inc.; Edwin J. Malkin,

President, Malkin Motor Freight Lines; Joseph P. Kalivoda, Sales

Research Director, Fruehauf Trailer Co.; George S. Wallace, Sr.,

President, George S. Wallace and Sons; Nicholas J. Janson, President,

Nicholas J. Janson Co.

The most important summary of the past 4 months' intensive work

of this committee is one of a very negative nature. To quote from the

FFI Committee report dated August 15, 1947:

Unless the packers and the piocessors of frozen foods start immediate co- operation in the control of excessive moisture content of their package (both

institutional and consumer) they are facing mandatory legislation, such legislation instituted by either Federal or State Directors of Weights and Measures.

Substantiating this summary I cite what might be an indication.

On May 13 of this year a conference on packaging standardization was

held in New York City under the supervision of the American Standards Association. Such branches of the frozen food insudtry were

represented as refrigeration experts, government officials, packaging

machinery companies, brokers, research groups including FFI, and

other industry divisions. Of the others there was only one packer

representative.

The basic reason this FFI committee on standards qualifies their

finding with the words "excessive moisture" is because of one step in

the freezing process for vegetables and fruits. The step I refer to,

relative to fruits and vegetables, is the essential washing, through

which the introduction of extra or added non-essential moisture can

play a great part.

Our Standards Committee has tested some packages released for

sale by unethical processing plants where the nonessential moisture

content was greater than the fruit or vegetable content; others where

it was a 50/50 finding. We have no findings where the "dollar

conscious" member of the industry has sold his overloaded moisture

package at any lowered price! Selling crystalized liquid at fruit or vegetable prices means excessive profits. It works a hardship on the

consumer's pocketbook as well as harming the ethical packer and

distributor. That is why our industry is facing mandatory regulation and legislation.

In the matter of prepared—or pre-cooked—frozen foods, such as chicken a la king, stews, turkey, chicken and steak with gravy, or any

item combining solids and liquids, we have a different picture. Although some processors are turning out these products with an over weight of liquid, we of the Institute cannot see how we can regulate

these items under the same plan as might be used in the regulation of

frozen fruits and vegetables, because of evaporation through precooking. The Institute understands that Bureaus of Standards are

legally guided in their administration for frozen foods on two classications, solids and liquids; and now frozen foods introduce a third

classification, the combination of solids and liquids in the same

package. We also interpret those classifications to refer to net

contents at time of consumer purchase, excluding the weight of the

containers.

I will, after pointing out some other findings of the FFI Standards

Committee, return with the recommendations of the Committee as

to suggested regulatory status.
32 MISC. PUBLICATIONS. NATIONAL BUREAU OF STANDARDS

In the opinion of the Institute, at the present time there are too

many types and sizes of frozen-food containers. Quoting from our Standards Committee August 15 report:

Standards of frozen food packaging- (that is, the container itself) should be

established as to shape and volume and thus eliminate unnecessary package sizes. The packages decided upon should be those meeting consumer acceptance, and

should convey to the buyer's eye the difference in quantity of content. The Committee, in its remarks on this subject, points out the ret sons

for its findings as follows:

1. No packaging standards should be established without considering the design standards of existing or new models of packaging machines.

2. Packaging standards, when established, should be governed by shape and

volume because of the different consistencies and divergent natures of f

- oziin food items. They should convey the difference in quantity at a glance, berau;e

of the habit of "puff" packaging.

The Institute, through its research findings, and working as a free

agent with all branches of the industry between production and con- sumer, can only recommend. We do find our commercial associate

members cooperative, to a high percentage, through incorporating

FFI recommendations into their operative program. However, there

is much yet to be done by the industry that it may fall in line with

the desires of the Bureaus of Standards.

The FFI's executive board feel the Federal and State Directors of

Standards are most willing to aid in a cooperative manner and will not

demand any illogical adjustments from our industry. This was

proved through the Standards panel at our Boston Convention when

17 State Directors were present.

Quoting again from FFI's Standards Committee report of August 15:

This Committee recommends the frozen food industry be given the following

suggestions:

1. Frozen foods classified by legal statutes as solids, should be sold by avoirdupois net weight . Labels of such products should indicate the grade and quantity

of solids in the package, allowing for shrinkage between processing and consumer

sale and for added moisture through crystallization via freezing.

2. Frozen foods classified by legal statutes as liquids (orange juice, etc.), should

be sold by liquid volume. Labels of such products should indicate the content

in terms of liquid measurement, allowing for added moisture through crystallization

via freezing.

3. Frozen foods combining solids and liquids in their content (such as turkey or chicken with gravy, lobster a la Newburg, shrimp creole, stews, or any other item

with a formula combination of solids and liquids), should be sold with the solid

content in excess of the liquid content. Labels of such products should indicate

the grade, the avoirdupois net weight as well as the liquid-volume net weight, and

recognition should be given to evaporation through precooking. Any such

combined classification product with an excess of liquid content, should be

considered as an adulterated product by the Health authorities.

4. A closer alliance between health and weight officers and the industry for the

regulation of the sale of frozen food products.

5. A definite understanding between Standards Directors and the industry as

to the information to be placed on labels of frozen food packages. FFI's Committee on Standards recommends that each label bear: Grade declaration, such as A, B, C, run of the field; quantity declaration; name of food content (not label a

vegetable stew as beef stew) ; name and address of the packer and/or distributor;

and a break-down of the ingredients in accord with the percentage of each to be

found in the package.

6. That no law be suggested by the Federal or State Directors of Standards that

would curtail the use of gravies, juices, or preservatives (such as ascorbic acid,

etc.) as long as such added ingredients are part of the processing formula, or any
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 33

law containing clauses that do not consider Nature's process of evaporation or

crystallization.

7. That the FFI offer its Research and Advisory Committee personnel and

findings to work in close liaison with Federal and State Bureaus of Standards,

thus working out a mutually acceptable code of ethics by which the frozen food

groups may govern their industry.

8. That the FFI offer its personnel to the Federal and State Bureaus of Standards to aid in any educational program with weights and measures officers through

which a better understanding of the position of the frozen food industry may be

passed on to the weights and measures officials. FFI recognizes that unless steps are taken on a voluntary basis by

the industry, legislation will be established. Consumer protection

will mean greater expansion of frozen food sales, and all ethical

operators should consider the consumers as their ultimate buyer

through whom sound growth of distribution comes. Gentlemen, on behalf of the academic members and commercial

associate members of FFI, I thank you for the time . alloted us and

I hope we leave with you some practical views.

REMARKS OF RAYMOND E STEEL, ACTING GENERAL MANAGER, NATIONAL

FISHERIES INSTITUTE, INC.

National Fisheries Institute is a trade association representing the

boat owners, the packers, the plant owners, and the processors of

frozen fish and other products. It so happens that frozen fish packaging has been a subject of conversation already. I have here with me

a committee which I represent, as well as the Institute. We represent

the packers and distributors as well.

The subject of frozen fish packaging became such an important issue

that we ran a poll last June after the Legislative Committee of your

Conference met in Indianapolis. I was accorded the privilege of

appearing at that session and I offered my recommendations at that

time for the packaging of frozen fish.

Mr. Baker of New York gave us his views on the subject; I was to

be on the other side of the issue, and I hope that is taken in good part,

because we offer your Conference everything in the way of cooperation.

Our poll indicated that something like 39 States were in favor of

putting the words, "To be weighed at time of sale" on the individually

wrapped fillet package, if you can call it a package. The ones that are unfavorable, including Mr. Baker's State of New York and one other

State, the State, of Pennsylvania, have taken a diverse view that I believe is really an interpretative opinion, as far as the law is concerned.

We have had some little difference in the matter of Food and Drug

interpretation of law, but I believe we are now on all fours. We want

to follow up the spirit of this Conference.

I notice that in one place you want to cooperate and have a uniform

set of laws, if at all possible, in the United States. I hope that your

deliberations involve your taking the majority view, which we have

already gotten as a result of our poll, to use the words, "To be weighed

at time of sale," and to consider that to be the proper wording for

fish fillets. Let me give you a short resume of the filleting industry. First of

all, I believe it was Clarence Birdseye who developed the modern

method of quick freezing. The frozen fish industry was one of the

first parts of this large industry. The fish filleting industry is a little
34 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

bit newer. Of course, you know that a fish fillet is nothing other than

the meaty side of a fish, and the size of the fillet depends upon the

size of the fish. The housewife in most jurisdictions has become

accustomed to buying the fillet; she refers to it as a cod fillet, or a haddock fillet, and so forth.

When the fish is packaged, it is thrown into a five- or ten- pound

container, each portion being wrapped in a cellophane wrapper to

keep the mass of fish from adhering together and coming out in a conglomerate mass that nobody could put on the retail market.

I want to bring one thing to your attention in discussing packaging

methods: This is the one-pound package that Mr. Baker made refer- ence to. There are, to my knowledge, four or five large firms experimenting with the one-pound package of fish. So far it has not met

with what we would call consumer acceptance. At the present time,

right here in the City of Washington-—and I would like to you investigate this —there is a difference in price at retail of anywhere from

five to ten cents on one-pound packages of fish fillets, as compared

with the fillets as they come from the larger containers of fish fillets

in the retail market.

Secretary Krug, it comes to my attention, is giving a press release

to be used in tomorrow afternoon's papers, at which time he will

publicize the nutritive value and the cheapness of fish fillets. We

think it would be a great blow to the industry if this Conference

should go on record recommending the one-pound package of fillets,

when at the same time the Secretary of the Interior is advertising to

the public that fish is a good buy and that the housewife should take

advantage of the current prices. You would find a slow-down on

the market, because you would find utter confusion in the industry.

The one-pound package of fillets, I might say further, is not a piece

of fish in one piece. It may be one fillet and part of another, and it separates when it is thawed out. Thus far, the Institute had been

unable to say that that is the better way to merchandise fish; it is

in the trial period at the present time. The difference in the cost

at the packaging level is between five and eight cents. I wrote the

brief which was given to your Legislative Committee, and in that

brief I stated the amount as five cents; I have since learned frorh

packers of fish fillets that that price will be, maybe, eight cents and

upwards, depending upon the type of fish that is being filleted.

I think it would be wiser for you men who meet with this problem

day after day to go into a fish-packing plant and watch the process.

You could better determine that way what the added cost would be

than you can by my standing here and explaining the operation to you.

I would like to go along with the endorsement of your Legislative

Committee on standards of packaging; that is, to the effect that before

you men leave Washington you will go on record not to take any

action to give your proposed legislation to Congress until further

study has been made of the subject. The National Fisheries Institute

is interested in increasing the per capita consumption of fish, and we

will do everything in our power to increase consumption of consumer

packages which will have consumer appeal. We are not in favor of

chiseling retailers. We will do everything we can to overcome that

situation.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 35

I have one of our committee members present who has worked out

a sample package to be weighed at the time of sale which we believe

would be adequate protection for everyone. We cannot possibly

stop all of the chiselers, even if we had the weight stamped on each

package. I would like to show you that sample, and we hope that

in the end you will give us some exemption in your deliberations that

will take care of our industry.

The Chairman: The Chair is going to recognize Mr. Bussey of

Texas on this same subject.

REMARKS OF W. S. BUSSEY, CHIEF, DIVISION OF WEIGHTS AND MEASURES, STATE

OF TEXAS

Mr. President, and Gentlemen of the Conference : I have been asked

to report on quite an extensive investigation on the weights of packages of frozen foods and other commodities in Texas. Many of the

things which I will mention here as having been encountered down

there have already been mentioned by previous speakers.

This investigation that I am reporting on now was conducted in

Dallas, Texas. We also have similar results in other parts of the

State, but my remarks today are confined to the Dallas investigation.

Approximately 25,000 packages of various frozen foods were checked

by the Dallas department since January 1, 1947. Not more than

10 percent of any lot were checked, and in many instances less than

one percent of a lot were checked. Practically all of this checking was

done at cold storage warehouses, only a small percentage being done

at retail establishments.

Approximately 100,000 packages were condemned from sale because

of short weights; those were lots represented by the samples which

were weighed. Thousands of packages were returned to the packer;

some were repacked in Dallas, some were relabeled, and in some instances it was necessary to reweigh entire stocks to segregate the individual packages that were unreasonably short in weight.

Reports on inspections of the products packed by 15 different packers, selected at random from the files, show that nine lots by nine

different packers were condemned. These were where the weight

variations were too great to permit the sale without repacking. All

products condemned were not consistently short in weight; on some

the average was overweight. On numerous lots checked, where the

average would have been acceptable, as many as 25 percent of the

packages were short weight in various amounts from five percent to

twenty percent. In other words, the average weight would run close

to the amount indicated on the package, but the variations in the

individual packages were tremendous.

Shipments in some instances were found to average from six to ten

percent short weight, while other shipments, sometimes from the same

packer, were found to average overweight by similar amounts. That

would indicate that the packer was not intentionally packing his product short-weight. On one shipment of 6,000 packages of strawberries,

packages were labeled "two and one-half pounds" but were found to

average three and one-quarter pounds, a loss to the packer of approximately $1,500 at current prices.

As a result of discussions with the packers and distributors, and of

the observations of the inspectors who made the investigation, it was
36 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

concluded that the inaccurate weights were caused by: (1) Lack of

adequate supervision in the packing; (2) new and inexperienced packers; (3) absence or infrequency of check-weighing; (4) lack of weighing

equipment suitable for weighing individual packages; and (5) the piecework system in some plants.

Unsatisfactory containers are also a factor in the problem. Containers which were not designed or suitable for such use have been

used by some packers. Many shortages in products packed with

liquid, such as fruits, were found to be brought about by leakage,

and the distributor just did not pay much attention to it ; he would

deliver leaking packages to the retailer in that condition and, of course,

part of the product had already been lost. Stocks have been checked

where more than five percent were short because of leakage while still in jobbers' stock; in other words, packages arrived at the jobber's

warehouse in good condition, but while they were there in storage

they had been damaged and part of the product had leaked out.

Shortages from this cause often run as high as 25 percent on the individual package. Also, improper handling by retailers results in leakage and loss of labels on many containers.

The method of sale and labeling is a major problem on many frozen

foods where individual units are of variable weights. As you heard

a few moments ago, there is the question of dehydration during the

freezing process, which it is argued is the cause for many shortages.

New difficulties have been encountered in establishing actual tare and

net weights on many types of packages, that is, the difficulty that the

seller runs into when he is trying to establish the true weight of the

container being used. There is the responsibility on the part of the

official of enforcing net-weight sales on such items as rapid-frozen

fish, fish fillets, whole wrapped chickens, and individually wrapped

steaks, chops, roasts, and so forth. Another problem is the complete

loss of labels on some products.

The following suggestions have been made for improvements, not

solely by the Weights and Measures Department, but by all con- cerned who have been contacted during this investigation. First, an

educational program on the part of associations representing the

.frozen food industry directed to packers of frozen foods; that has

already been mentioned at some length here today. Second, such

programs should include information on proper packing and checkweighing procedures, and on suitable containers for the various types

of products. Third, strict and uniform enforcement by all weights

and measures officials throughout the United States.

REMARKS OF TYRE TAYLOR, COUNSEL. NATIONAL ASSOCIATION OF RETAIL

GROCERS

I wish to say, with particular reference to the statement made by

the speaker who preceded the last speaker, that while the retailers can perhaps fully understand why the packers would like to bring about

some sort of arrangement whereby the retailers will have to weigh

all packaged frozen foods at the time of sale, nevertheless, T do not

think, although our association has not had the time yet to take an

official position on this, that that proposal will be met with a receptive

attitude on the part of the retailers. For that reason, we certainly
rHIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 37

hope that this body here, in weighing the matter, will explore all angles of this proposal, including the attitude and position of the

retailers themselves and the positions that they would be placed in

should such a proposal be embodied in the law.

I do not think that I am overreaching myself when I say that the

retailers of the country will resist that with all the power at their

command before the State legislatures, before the Congress, and in

their own stores.

It is a matter of some puzzlement to me, why in the case of a new

industry, or a relatively new industry, like the frozen food industry,

where presumably the objective of an association is to bring about a wider acceptance on the part of consumers of the products of its members, we should nevertheless find this association coming here with a proposal certainly resulting in putting the retailers into a position

where they would not push frozen food packaged items in their own

stores.

REMARKS OF J. L. HART, SECRETARY, GLOUCESTER FISHERIES ASSOCIATION

I live with fish most of the time. Gloucester is only a small community of 25,000 people, but we are one of the largest fish producing

ports in the country. Last year we handled 218,000,000 pounds of

fresh fish. We are basically a fish-processing port, in that y0 percent

of the fish which is landed is filleted and frozen.

I think that you gentlemen who are sincerely trying to do a real

job in protecting the consumers against any misrepresentation in

packages of frozen foods should know just what the problems of the

fishing industry are. The species of fish landed in largest amount

at Gloucester is red fish, or "rose fish" as it is generally called. There

were landed in Gloucester last year 130,000,000 pounds of red fish,

which produced about 35,000,000 pounds of filleted fish. The yield

was aboxit 25 percent of the catch. This is a relatively small type of

fish, and from six to twelve or fifteen individual fillets are required to

make one pound. Our markets are principally through the Middle

East.

Let me run hurriedly through the process so that you gentlemen

can get an understanding of our problem. In filleting fish the fish is normally packed in 10-pound cartons. The fish will be filleted, the

fish fillets will then be inspected, a 10-pound carton will be weighed,

and a tolerance of three or four ounces will be allowed, depending

upon the moisture of the fillets as the boxes are passed along. The

girls in the packing line know what will approximate a pound of

fillets. A girl will take a piece of cellophane paper, put the fillets in

the paper and wrap them up. In a 10-pound carton there may be

nine, ten, or eleven individually-wrapped packages. When a carton

is complete, including the three or four ounces of tolerance, it is marked

as a 10-pound package of fillets. Those 10-pound packages are then taken to an outside freezer, and

later when we get an order for, say, 5,000 pounds of rose-fish fillets,

we will take out 500 of those 10-pound cartons.

I submit that if we have to weigh those wrapped packages of fillets,

the unit cost will be increased by more than the five cents which Mr.
38 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Steel mentioned. In my opinion the one-pound carton is physically

impossible. There is no uniformity in the fillets. Suppose, in the

case of the one-pound packages, an over weight of one ounce were

allowed. In the 35,000,000-pound catch which was packed last year,

one ounce over weight in each package would mean about two and a

quarter million pounds loss, which at the processor's price of 20 cents

would be about $500,000 in that one item alone. A haddock fillet weighs about a pound and an eighth or a pound and a quarter. If

you want to get a one-pound carton, are you going to cut off the

eighth of a pound or the quarter of a pound? And if you cut it off,

what are you going to do with it?

Coming back to red fish, if we had to mark the weight on each

package, one package might weigh 15 ounces, another package one

pound, and a third package one pound and one ounce, and it would

mean that we would have fully as many girls marking those packages

as there are girls putting them up. Then we should have to have

somebody else adding up the weights of the individual packages to

get the proper weight for the 10-pound cartons. When the fish got

to the freezer he would not take the dealer's total weight mark but

would have to make his own additions and there would be another

set of adding machines to weigh the cartons before they enter the

freezer. If somebody were to call me and ask for 5,000 pounds of

red-fish fillets, then I would have to get out my adding machines

and add my ounces and half ounces in order to make my 5,000 pounds.

If I fail to do that, I am going to lose my shirt.

That is the problem we are faced with in our particular industry.

We want to cooperate and we want to do everything possible. But it seems to us that the only possible way to work this out will be to put

an insert slip in the wrapped package, or to print on the cellophane

wrapper, "To be weighed at time of purchase."

When you go into a fish market and buy a whole fish you buy it by

the pound. If you buy fresh fish fillets, you buy them by the pound.

There is no reason why legislation could not be enacted—and it would

work no hardship on the retailers—to require the actual weighing of

any species of fish when it is bought by the consumer.

Reference has been made to fish as a protein food. We know that

fish is a good protein food, but fish will sell only if it is priced under

other protein foods. If you are going to add five, six, or seven cents

to the price of fillets to get them to the consumer, it is wrong. True,

some companies are putting up one-pound packages of fillets, but

that is premium fish, and represents only a very small portion of the

total output; neither we nor any other fish firm can get along on a premium pack basis. The business must be on a mass production

basis if fish ports like Gloucester are to prosper.

This is a very serious thing to us. We want to cooperate, but we

do not see how we are going to do it if you are going to recommend

either a definite one-pound or two-pound package or require the

marking on each package. I am sincere in that, Mr. Chairman, and

I really hope that some serious thought will be given to it because

Gloucester is in the same position as other fish ports in New England

and it is in the same position as every other area in this country

which engages in fish processing.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 39

REMARKS OF GEORGE H. SULLIVAN, PACKAGING ENGINEER, FROZEN FOOD

FOUNDATION, INC.

The Frozen Food Foundation represents a group of 15-odd retailers

in the United States and Canada. I want to emphasize a couple of

very important points that Mr. Evers touched upon. The main one

is that frozen foods must compete with other foods being sold in retail

outlets. A woman goes in to buy some peas, for example. She has

the choice of buying fresh peas, canned peas, or frozen peas. If she

buys eight pounds of fresh peas, she finds, after preparing them, that

she ends up with three pounds. If she buys a 20-ounce can of canned

peas, the chances are she is going to wind up by using 14 ounces of

that 20 ounces; the rest will be liquid that is thrown away. If she

buys frozen peas, the chances are she will use very close to the twelve- ounces that is put in the package.

With fruit it is a different situation. Both canned and frozen

fruits are sold, as Mr. Evers pointed out, with syrup on them. But the

main point that I want to bring out is this: Frozen products, canned

products, and fresh products all have to compete on the same market.

It would certainly be inadvisable to regulate one type, such as the

frozen product, and not the others. It is bad enough as it is today to

sell frozen peas in 12-ounce packages in competition with canned peas

in 20-ounce cans, where you only get fourteen. Certainly, if we are going to consider standardization, I think that is something that

should be considered as a long-term proposition, and not as applying

to one type of food and not another. If you are going to standardize

frozen foods, certainly you should standardize canned foods. You

should certainly use drained weight on canned foods if you are going

to do it on frozen foods.

The second point is that , compared with standardizing the contents

at twelve ounces, for example, for all vegetables, we feel that it is much more important to standardize the size of the package, because

of the way the package has to be handled in storage and distribution

the package is much more important because it has to fit into high cost- storage and retail selling space and space in the home. You will

agree with me that it is impossible to standardize both the size and

the weight, because the densities of the products packed are different.

Cauliflower takes up more space per twelve ounces than do peas.

So, we do have to make a choice between weight or size. If you make

the choice of the weight, then you are going to end up with so many

different sized packages that it will be impractical for the frozen food

packers to put them up.

There are a lot of complex problems to be met and those problems

should certainly be solved before we try to set up regulations in the

industry.

REMARKS OF THOMAS D. RICE, EXECUTIVE SECRETARY, MASSACHUSETTS

FISHERIES ASSOCIATION

I admire the patience of this group in sitting through two or three

hours of discussion of weights and measures problems. I have

seen very few people leave the hall.
40 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

I have noticed that your group has compiled an Act, which they

would like to have enacted as a Federal law, in relation to the marking

and weighing of packages, particularly as it applies to frozen foods.

I would like to have a committee of your group spend about a week in

Boston, to see at first hand the operations followed in processingfillets. The cost and the ramifications of the process of filleting

of fish are such that to legislate in favor of an individually wrapped

fillet would practically put the industry out of business.

Mr. Baker told you of a concern that today is offering a one-pound

package of fillets to the consumer. It apparently can be kept in the

refrigerator, and if it is not to be used up for dinner one night, a

piece may be cut off from that master package and used in the preparation of a meal. Actually, gentlemen, that package costs 35 cents a pound at the wholesale level, and the maker of it intends that it should be marketed for 50 cents a pound. Contrast that price with

the present price of 22 to 23 cents a pound for the same type of fillet frozen in the ordinary way and marketed in the ordinary way. How

long, gentlemen, do you think the average housewife is going to step

up to one counter and get a one-pound package of frozen fish for 50

cents when three feet away she can get what she wants for 22 cents?

REMARKS OF HAROLD LUTHER, MEMBER, COMMITTEE ON WEIGHTS AND

MEASURES, NATIONAL FISHERIES INSTITUTE

The problem that we have with the weights and measures officials

is the marking of weights on fillets that are merely wrapped in cellophane or parchment. Now, that is not a package in itself. I would

like to quote from Food and Drug Trade correspondence, as I believe

they call it, dated April 25, 1940. As far as I know the Food and

Drug opinion has not been changed. Somebody wrote in asking if fish wrapped in cellophane should have the net weight marked on it. and the answer was that while they were inclined to regard frozen fish

wrapped in cellophane wrappers as food in package form, it is not

necessary to insist upon the statement of the net weight of each

individually wrapped piece where there is a variation between pieces,

provided the individual fish when sold to the ultimate purchaser is weighed and sold by weight.

It may sound to you that we are taking a negative point of view,

when, in fact, it is the other way. The first time this came up, I talked to one of your own weights and measures officials in one of the

States, and he said that he realized what our problem was on individual marking of each wrap of fillet, but that it was his function to

protect the consumers. I then asked him what he thought we might

be able to do and he suggested the legend, "To be weighed at time of

sale." So actually what we are doing is accepting a recommendation

of one of your own members, and it is this man's recommendation

to the effect that we put on, "To be weighed at time of sale" that we

are axious to go through with.

The Chairman. Are there any more comments? Since there is no

further comment, we shall pass on to the report of the Conference

Committee on Methods of Sale of Commodities.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 41

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON

METHODS OF SALE OF COMMODITIES, PRESENTED BY JOSPEH

G. ROGERS, CHAIRMAN, AND DISCUSSION THEREON

Much of the discussion here this afternoon is related to items in this

report ; probably we will have lost no time because all of these items

will not have to be discussed again. In the case of the remarks of

Dr. Bryant, coincidentally or not, many of his recommendations

seemed to relate closely to what we have in this report. I would like

to ask Dr. Bryant a friendly question as to whether he happened to

have a copy of this report before he made his talk. Is Dr. Bryant in

the room?

(These was no response.)

This is necessarily a tentative report of your Committee on Methods

of Sale of Commodities. Its main purpose is to place before the delegates to the National Conference on Weights and Measures at this

time, items of fundamental importance for treatment. As the work

of this Committee progresses it will endeavor to deal with all essential

commodities in our commercial structure. The pros and cons of argument in relation to certain items included in this report have not been

exhausted. The committee membership has wide geographical distribution that makes interim meetings of our group quite prohibitive.

Correspondence, too, is an unwieldy procedure that does not lend itself

to full satisfaction in reaching proper conclusions. This committee

work is extracurricular in relation to the everyday business affairs of our membership, and the factor of time we may give to it is, of course,

important. We endeavor to deal with the various subjects coming

under our consideration from the standpoint of logic and with an open

mind. We are not infallible, but we treat with matters as we see them,

based to a large extent on practical experiences and their results.

Owing to misunderstandings that have been evidenced it is deemed

advisable to clarify just what the purposes and functions of this

committee are:

(a) It was created primarily to decide upon, for recommendation

to the National Conference on Weights and Measures, the best methods of sale for essentials in our commodity structure, and to promote

uniform adoption of such methods in the several State jurisdictions.

(b) It is not a function of this committee to draft legislation or

regulations to cover the items included in its recommendations. This

is the point that we mainly desire to clear up.

(c) Certain recommendations of the committee from time to time

may touch upon other than the quantity phase where this has close

relationship to other factors that affect weights and measures issues,

but this will only be in cases where it is thought that the economic

welfare of the consumer will benefit by dual treatment. It would

appear in fact that under its title the committee is not restricted in its

scope and it may, to good purpose at times, well devote itself to questions of betterments in general trade practices from all angles. However, as the work of the National Conference group is predominately

related to quantity matters, and as the weights and measures field

alone is a broad one, priority will and should be given to the phase
42 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

with which we are most closely associated, with reservations, of course,

for deviations when and if they are deemed necessary and should be

given special attention.

In the years that this committee has been functioning we have, up

to now, dealt with 177 essential commodities. The committee now

presents the following items for the consideration and action of the

1947 National Conference. [Reading:]

1. FROZEN FOODS: Should be sold by avoirdupois net weight based on

original drained weight of the commodity. Quantity declarations on packages

should conform with the quantity of determinable solids in the package.

This recommendation is presently confined to such foods in the classification of

solids, which present the outstanding problem in the prevailing situation.

Foods strictly of liquid classification offer no apparent difficulty and should be

sold by volume representations in terms of liquid measurement. Ice cream,

while sold by liquid volume, we believe cannot be construed as falling entirely

within this classification as there is not as yet, to our knowledge, any legal decision

as to whether it is a liquid or a solid. The incorporation of solids in ice cream is one

of the factors that makes this issue highly controversial.

All frozen foods in package form should bear a quantity declaration expressed

in ink or other indelible substance in a plain and conspicuous manner on the

container or on a label or tag affixed or attached thereto, in terms of avoirdupois

net weight, together with the name of the food contained and the name and address

of the packer or of the agency responsible for the distribution of such packages.

The net content weight shall be determined at processed temperature before freez- ing and be exclusive of all gravy, juice, or preservative, or moisture in excess of

the quantity which adheres to the solids in a package due to molecular attraction

under atmospheric pressure, and may be referred to or designated as net drained

weight. Provided, however, that this shall not prohibit the incorporation for

sale of gravy, juice, or preservative, under the conditions specified, with the named

food, and provided further, that the net quantity of such elements is expressed

in terms of liquid measure on the same container, label, or tag.

NOTE:—In the processing of frozen foods washing is, of course, essential.

This recommendation, therefore, takes into consideration the reasonable moisture

residue after proper drainage. It is, however, aimed against the introduction of extra or added moisture to increase weight. Moisture so added should be treated

as adulteration and herein we find an apparent undivorcable relationship between

quantity and quality. There are prevailing laws against such adulteration mainly

enforceable by health and food officers. The regulation of sale of frozen foods

would, therefore, seem to be an issue that should be jointly entered into by the

quantity and quality regulating authorities to set up the proper control.

Prepared frozen foods, such as turkey or chicken with gravy, beefstew, lambstew, or other items wherein there is a combination of solids and liquids, present a difficult problem for treatment. Very questionable conditions exist in such

items now on the market. It is the opinion of the committee that the solids

in such packages should predominate. This does not presently prevail, as the

liquids usually far exceed the solid elements in packages of this character.

Excessive moisture is the elemental factor that should and must be brought

under control in the frozen food industry, and unless the processors and packers

lend their full cooperation toward this they are simply "asking for" legislation that

will force the issue. Mr. Rogers. It has been customary to act on these recommendations as they are presented, although some of them can be disposed of

in groups. How shall we proceed, Mr. Chairman?

(It was moved and seconded that the committee recommendation on Item 1, Frozen Foods, be adopted.)

Mr. Rowe (Federal Food and Drug Administration). Under the

Federal Food, Drug, and Cosmetic Act, the quantity of food in package

form must be declared; as we see it, it would be necessary to declare

the entire amount of food in the package rather than simply the drained

weight of the food. I think we all have in mind the objective of trying
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 43

to stop the addition of water to frozen foods; but we feel that this

should be done by means of standards.

In the case of a package of frozen fruit, we feel that the total

weight of the frozen food and the syrup should be declared. However,

in the case of fish, where there is a glaze, we feel that the weight

of the fish should be declared and not the water. But to repeat,

where the packing medium really consists of food, we believe that the

total contents should be declared.

I notice that the report of the Committee refers to some such

statement as "drained net weight". We in the Food and Drug Administration feel that "drained net weight" is ambiguous and perhaps

confusing. Therefore we feel that, in general, the "net weight"

should be referred to the total food in the package, that is, liquid and

solids, exclusive of the wrappers. The term "net weight" then refers

to the total food in the package, and the term "drained weight" is restricted to the weight of the solids in the package. For example,

in the case of green olives in brine, we suggested a declaration of the

drained weight and the industry has conformed to that. Olives in

brine are now declared as "drained weight in ounces" or as "drained

weight of olives in ounces," the brine not being considered to be food.

But a declaration of drained weight in the case of a package in which

the liquid portion of the contents is actually food—a syrup would be an example of this—would not be in conformity with the Federal Act.

Mr. Rogers. I think that just what the gentleman is proposing is what we are trying to overcome: I am assuming that he thinks that any

consumable element in. the package, whether liquid or solid, should be

included in the net weight of the contents as marked. We had a case where a manufacturer took a few blackberries, made up a sugar syrup,

poured it over the blackberries, froze it, weighed it, and sold it, marking

the entire weight of the contents on the container with the statement

"extra moisture incorporated." The customer paid for this when he

was expecting to get a fair package of frozen blackberries. We took

the matter up with the industry and were told that they could not do

a thing with the manufacturer.

As I understand it, we can now include any consumable element

when declaring net weight of contents. That abuse is the very thing

we want to overcome. We contend that it is entirely reasonable to

require that the drained weight be declared. If they want to incorporate syrups or gravies or other liquids, they can determine the liquid

content and declare that.

Mr. Queen (Federal Food and Drug Administration). Mr.

Rogers' statement indicates that he does not have an entirely clear

understanding of our position with respect to the type of packing

medium in frozen or other processed foods which may be considered

as a part of the food in the package and therefore included in the

declaration of the quantity of contents. Certainly no responsible

member of the Food and Drug Administration has made the statement that a packing medium can be so considered and treated as a

food, regardless of its composition or character. It is needless for me

to say that no one outside of the Administration is authorized to speak

for it on such matters. As Dr. Osborn has pointed out, we have considered as foods only those packing media that are customarily con- sumed, as distinguished from those that can conceivably be consumed.

mm
44 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Our position in this regard is one of long standing, having been ex- pressed quite a number of years ago in public announcements under

the Food and Drugs Act of 1906.

I should like to make clear our agreement with the views expressed

here that the matter of regulating the proper proportion of solids and

liquid in frozen foods is an important one. We believe that the problem, however, will require a more practicable approach than that provided by a simple net content declaration in terms of liquid and solid

proportions of the food in the container, if it is to be satisfactorily

solved. We question whether the machiney ordinarily provided by

weights and measures laws is adequate to deal with this important

problem. We believe that the inclusion of an excess of the packing

medium in a food, whether it be water, a mixture of water and sugar, or other liquid ingredient, involves the more fundamental question

of food adulteration, resulting from the substitution of another product

for the one the consumer expects to receive. Such substitution, in

whole or in part, we consider to be adulteration and, we believe, more

readily amenable to the adulteration provisions of food and drug laws.

It must be apparent that the simple requirement that the proportion

of liquid packing medium and the solid material in a food package be

stated on the label would not prevent or remedy such adulteration.

On the other hand, the implied permissiveness of such a requirement

might complicate enforcement of provisions dealing with adulteration

of such products.

In our opinion the fundamental consideration is whether the food

in the package is the food the purchaser expects to get and that which

the packer professes to put into it, and whether the quantity of contents is accurately and informatively declared on the label.

Mr. Witt. I should like to go along with the Food and Drug Administration, but I should like to tell the Conferencer about the ex- perience we had 5 years ago in the sale of packaged pickled herring.

At that time the wholesale price of onions was about 10 percent of

that of herring. One man conceived the idea of underselling his

competitors by packing more onions in his package; of course, it was

all edible food. The State of Wisconsin then did what Mr. Rogers'

Committee is trying to have us do, by promulgating a regulation

which required him to supplement his interstate label by a statement

to the effect, "Net Weight of Fish Ounces." Some packages contained as much onions as they did herring. So I should like to go

along with Mr. Rogers' recommendation even in the face of these

comments of the Food and Drug Administration.

Mr. J. T. Kennedy. I think we are dealing with a new industry,

the members of which do not seem to agree among themselves. I think they need a housecleaning, but I think we should give them an

opportunity to clean their own house; if they do not clean it, then

let us clean it for them.

In the period of a year the Food and Drug Administration might

find some answer to our problem. Personally, I agree with them

that it is a question of adulteration. I think we should give the

frozen food industry at least a year to do the housecleaning, and so

I should like to see this laid over 1 year even though the people of

the country are not being fully protected. I believe we can gain
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 45

more by that method of operation. I offer that as a substitute for

the motion before the Conference.

The Chairman. Is that acceptable to you, Mr. Rogers?

Mr. Rogers. I will accept that.

(The Chairman then called for a vote on the original motion to adopt the

Committee recommendation on Item 1, Frozen Foods; being in doubt on the

' voice vote, the Chairman called for a rising vote, which resulted in the motion

being agreed to.) The Chairman. Mr. Rogers, please proceed with the report.

Mr. Rogers (reading):

2. DRIED FRUITS: Should be sold by net weight. When in package form

the quantity declaration should be in terms of net weight only and no qualifying

term or statement, such as percentage of added moisture, should be officially

recognized.

NOTE.—Packers of dried fruits now incorporate moisture to preserve freshness. There is consumer acceptance and preference for such fruits so processed,

mainly because of the shorter time necessary for table preparation. Moist dried

fruits take little time to soak prior to cooking as compared with the completely

dehydrated kinds. However, the fact remains that the added moisture is in- cluded in the net weight and becomes a factor that adds to weight losses through

quick evaporation of the moisture content. Those pursuing the wetting practice

apparently make no allowance for this by compensating with an additional

amount of fruit to equal the percentage of moisture incorporated. To cite an

actual example: A certain packer of prunes produced a package with a declared net weight of 2 pounds. When reweighed in stores the actual net weight was

found to be only 1 pound 11% ounces through a run of packages, and this was

reasonably fresh stock. This packer included the statement "3% added moisture" in the container markings, probably to justify the weight loss that he knew

would take place. It should be kept in mind that the consumer paid for the

added moisture at the price of the fruit. Your committee is, therefore, of the opinion that moisture added to dried

fruits should not be included in the quantity declarations and that statements of

moisture percentage should not be recognized in justification for weight losses through evaporation.

(Item 2, Dried Fruits, was duly adopted.)

Mr. Rogers. A program item on Liquefied Petroleum Gases is scheduled for tomorrow. However, these are the Committee's ideas.

[Reading:]

3. LIQUEFIED GASES (Butane, Propane, etc.) for household use: Should

be metered and sold by cubic feet. NOTE.—The several prevailing weight methods employed in the sale of these

gases do not give the consumer adequate protection against deception and fraud.

The character of household usage would seem to place these gases in the cate- gory of public utility gases, and their treatment in relation to dispensing or

delivery can, and justifiably should, be the same. These gases boil at very low temperatures and readily lend themselves to the

cubic foot basis of measurement.

This recommendation is confined to household service as t his presents the most

troublesome problem. For motor-vehicle consumption, developments are such

as to make metering by liquid volume feasible without detriment to the con- sumer, and such method is now employed. Beyond this the committee presently makes no representations for other usages to which these gases may be

subjected, as further study is needed of what these usages may be and the problems connected with them, which may make it impractical to apply other than

a weight method of sale. Where the weight method is used, it is a fundamental

necessity from the standpoint of proper quantity declaration that the tare weight

of the containers employed be conspicuously and plainly stenciled or otherwise

plainly marked in a reasonably permanent manner on each container unit.

784131—48 5
46 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

The Chairman. If no one objects to a particular Committee recommendation we shall go right on and then vote on a group of recommendations at one time. However, when the reading of a recommendation is completed, if any one objects they should make it known and

then we shall vote on that one separately.

Mr. Roper. Since there should be a paper on this subject later on,

it may be advisable for us to hear this before taking action on this

proposal. In the State of Washington a lot of propane is sold through

liquid meters; if it were to be metered as a gas all these meters in use

will have to be discarded and replaced by other meters. The same

situation probably exists in other jurisdictions as well.

The Chairman. That is something to be considered, but I believe

that we should vote on this recommendation of the Committee at this

time.

(Item 3, Liquefied Gases, was duly adopted.)

Mr. Rogers. In presenting Item 4, Thread, I may say that we had

an opportunity last night of meeting with members of the industry

on this subject; on some points we agreed with the proposals of the

industry and on others we did not agree. We now recommend the

following. [Reading:]

4. THREAD: Should be sold by linear measurement or by net weight, with an allowable tolerance not exceeding 3 percent.

The term "thread" shall be construed to mean sewing, basting, mending,

darning, crochet, tatting, hand-knitting, or embroidery thread, made of cotton,

flax, silk, rayon, nylon, or any other material except wool.

All spools, tubes, cones, bobbins, balls or skeins of thread should have the

length in yards or the net weight in avoirdupois pounds and/or ounces, together

with the name and address or symbol or registered trade mark or other positive

identification of the manufacturer declared upon a conspicuous part of each such

unit, by means of a label or stamp, or a tag affixed thereto.

When the net weight of thread put up on any container as specified is less than

two avoirdupois ounces the sale and quantity declaration by linear measurement

should be mandatory.

NOTE.—Woolen yarns are not included in this recommendation. This committee dealt with them as a subject in its report to the 1946 Conference. Sale

by net weight for such yarns was recommended at that time. Linear measurement was not recommended because of the highly potential factor of stretch in wool.

This 3 percent tolerance is a moot question, because of the existing

laws in about five State jurisdictions where they have treated this

matter, and where they aUow a 5 percent tolerance. We still have an

open mind on it, but we believe that we are being sufficiently liberal

and that the thread industry can in all pi'obability meet a 3 percent

tolerance. However, the Thread Institute wants to take this proposal

back to the industry and find out whether there can be a general

acceptance of it. The Conference could adopt it tentatively at least,

with final action deferred until next year, but I think we should put

the industry on notice that unless they can prove to us that they cannot

meet a 3 percent tolerance we will let it stand.

The provision for marking in terms of "avoirdupois pounds and/or

ounces" was inserted at the suggestion of the industry. On some spools a manufacturer may not be able to put his name, but he will be able

to show his trade mark or symbol which will have been registered with

the Institute, and we can learn from the Institute or from someone in

the industry what these marks will mean.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 47

Mr. Baucom. I would like to offer an amendment to the Committee's recommendation. I think very few of us allow any tolerance

by statute, and in here we would be setting up a compulsory tolerance.

In my State, we set a tolerance, the difference between perfection and

execution, and there is a range in which the inspector can use his own

discretion.

I propose striking out the words, "not exceeding 3 percent" and

inserting in lieu thereof the words "the algebraic sum of the errors of

ten measurements selected at random shall not exceed 1 percent, and

no individual measurement shall exceed 5 percent." That will prevent

any unscrupulous person from attempting to take any tolerance

whatsoever because he cannot possibly anticipate which ben packages

an inspector may measure. He will have to stay just as close as he

can. The inspector can use his discretion, but he cannot go beyond

5 percent of any individual package.

The Chairman. Does anyone second Mr, Baucom's motion?

(There being no response, the Chariman declared that the motion failed.)

Mr. Bell (The Thread Institute). I would like to make our

position clear, because the industry that is represented by the Thread

Institute is a very large and widely spread industry. There are 115

manufacturers with plants located in 19 different States. In 1946,

the estimated value of the thread products of this group was no less

than $150,000,000.

The Thread Institute succeeded an association known as the Cotton

Thread Association which was formed in 1916 principally to correct

abuses in the marking of thread, not so much on the spools of thread

used in the household, because they are accurately measured and

properly marked, but spools used in the industrial trades, principaUy

in the city of New York where there hundreds of garment manufacturers. It was in that latter group that unscrupulous dealers in

thread began to give short measure and use inadequately marked

spools, a situation which was eventually cleared up by the law passed

by New York State in 1918; of about eight violators apprehended,

some were fined and one was fined and actually sent to prison.

At the present time the Thread Institute has the same objects as the original association.

In February of this year, the New York State law was amended to

include any synthetic material, such as nylon and rayon. We felt

that the provisions of this law should be extended to other States,

and we talked with Mr. Baker at Albany. He suggested that we

should get in touch with your organization. That we did during the

summer, and it was not until a week ago that we had official advice

that this subject was to appear before this Conference. The members of:the industry have not had an opportunity to consider a change

in the tolerance or the fixing of the tolerance at 3 percent.

I, and the Secretary of our Institute, Mr. David Snyder, have done

the best we could since arriving here in Washington yesterday after- noon. We met with the Committee last night and offered a few

suggestions. But I feel that in fairness to this large membership of

ours, located in 19 States, in four of which they have a 5 percent

tolerance, the entire industry should have an opportunity to consider

the provisions of this recommendation of your Committee.
48 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

I want to assure you that we have cooperated to the best of our

ability in this brief time, but if you could afford us a year, as recommended by Mr. Rogers, in which our industry could have the opportunity of considering the terms for the reduction in this tolerance,

we would be able to present a thoroughly considered case. We would like to go further. We would like to cooperate with

your Legislation Committee and draw up what we regard as a model

thread marking law. That really was our object when we talked the

matter over with Mr Baker. It is still our object.

We know that thread is of importance to every home, and to every

factory. The thread industry is spreading rapidly to the West Coast.

The fixing of new regulations would be timely, but T hope that some

member who has the right to offer a motion will make the motion,

more or less as advocated by Mr. Rogers, that this recommendation

be left in suspension until a year hence so as to give the industry an

opportunity to give the matter the serious and earnest consideration

that it deserves.

Mr. Rogers. I believe that I indicated to Mr. Bell at our meeting

that the Committee would be willing to give the industry the year

that they have asked for, to decide whether or not to support the

Committee recommendation; perhaps in the meantime they can show

us sufficient reason for changing it. But we did want to obtain at

least the tentative adoption of the 3 percent tolerance.

(It was moved and seconded that Item 4, Thread, be tentatively adopted, the

question was taken, and the motion was agreed to.)

Mr. Rogers (reading):

5. OILS: Should be sold by liquid measurement based on the U. S. Standard

gallon of 231 cubic inches and its binary submultiples. When put up for sale in sealed containers the net quantity of contents should be marked, such declaration

to be based on marketing temperature of 15.5° C, 60° F. NOTE.—Industries dealing in oils, package by weight in relation to volume,

using the established and accepted temperatures given in this recommendation.

The coefficients of expansion in oils apparently make this necessary when they

are canned or bottled, and conversions at the stated temperature are employed

to serve the purpose of satisfactory marketing.

(Item 5, Oils, was duly adopted.)

Mr. Rogers. Relative to the next item, considerable interest has

been displayed in this subject, and the Committee thought that it should present something which might act as a guide. We do not

attempt to draft legislation for you, but we want to help all we can. [Reading:]

6. LIQUID FUELS: Should be sold by metered measurement in quantities

exceeding 50 gallons but not exceeding 3,000 gallons.

The term "liquid fuels" shall be deemed to mean and to include fuel in liquid

form, which can or may be used for heating purposes; provided, however, that

oils shall not be included if they possess a flash point of 105° F or lower, as determined by the Tagliabue closed cup tester, or a Saybolt Universal Viscosity at 100° F higher than 55 seconds.

Tickets of delivery should be provided and given to purchasers upon the completion of deliveries, such tickets to have distinctly and indelibly expressed thereon

the date, the name and address of the seller, the name and address of the purchaser, the number of gallons sold or delivered, the grade of liquid fuel, and the

signature of the person making such sale or delivery or his agent. Delivery
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 49

tickets should preferably be processed by means of ticket printing devices at- tached to and coordinated with the meters used in the delivery of liquid fuels within the classification of the term as defined.

NOTE.—The range of quantities within which metering is recommended is iri consideraton of conditions wherein this method of delivery is either not feasible,

such as in sales of small quantities as in range oil, or where it is undesirable, such

as in matters of contract where users of quantities exceeding 3,000 gallons on

delivery prefer to purchase by tank or compartment lots. This recommedation does not include gasoline or other liquid fuels of low flash point. Nor is it applicable to oils that do not readily lend themselves to metering,

such as bunker C and others that require preheating for the purpose of delivery.

(Item 6, Liquid Fuels, was duly adopted.)

Mr. Rogers (reading):

7. FACIAL TISSUES: Your committee now proposes the following amendments to former recommendations in relation to this subject. This is an item on which action of the Conference was deferred last year.

(a) That facial tissues packaged for resale through retail outlets should have

a unit count based on 100 and multiples thereof. Where the number of units

in a package is less than 100 there shall be no limitations on unit count. NOTE.—The industry opposes regulation of the number of sheets in a package,

claiming it would work a hardship on both the industry and the consumer without

any compensating gain.

It is difficult to agree on either premise as the economic benefits of standardization, to which this relates, have been quite well proven. It should speed up

production, lower production costs, lessen production problems and result in savings to the ultimate consumer. The recommendation applies to what may be termed the "family-size" package.

In exempting small packages with sheet counts less than 100 units, the Committee

feels it has given due consideration to the most controversial phase of former

proposals wherein the industry does have a problem in connection with the production of packages on which there are established and stabilized prices for unit

packages at retail, such as those selling for five or ten cents. This situation

apparently does not exist in the larger packages where prices fluctuate and oddcent values are common.

(b) Amend sheet size tolerance to read 0.25 inch in either or both dimensions

of sheet, instead of confining this to one dimension only.

NOTE.—It has been determined that under actual manufacturing conditions

the essential softness of sheets makes it impossible always to trim them as exactly

as required by the original recommendations of this Committee and it is now

felt that the indicated change is justifiable in fairness to the industry.

(c) The Committee recommends the following provisions against the slack

filling of containers:

(1) The inner size of the cartons not to exceed by more than % inch in either

length or width, the length or width, respectively, of the sheets as folded for

packaging.

(2) The inner height of boxes or cartons not to exceed the height of the

contents by more than 0.5 inch at 70° to 75° F temperature and 50 percent

relative humidity for packages not exceeding 200 usable units. Where packages

exceed 200 usable units an additional Mo inch in height for each 100 such units

shall be allowed.

(d) A former recommendation of the committee relative to the folding of

sheets is withdrawn.

NOTE.—It has been determined that different mills have different types of

folding equipment which cannot be standardized and that in view of the committee recommendations covering "slack fill" the proposal in relation to folding

requirements would appear to be unnecessary.

In relation to paragraph (a) of this item, the industry claims that

what we propose is not entirely feasible, and suggests that a subcommittee of our Committee visit some of the plants and find out

what the production problems are before definitely recommending
50 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

packaging in multiples of 100 units. Perhaps you will wish to act. separately on paragraph (a) ; if you think it should go under further

study, the Committee will be agreeable.

(It was moved and seconded that paragraph (a) of Item 7, Facial Tissues, be

tentatively adopted, the question was taken, and the motion was agreed to.) Mr. Rogers. I think paragraph (b) of Item 7 is fair. There is a trimming problem in the factories. The machines are not always the same. As to paragraph (c) of Item 7, the industry claims that the more

tissues there are in a package, the more swelling there is as a result of

high relative humidities, and the Committee recognized this factor.

The values specified in subparagraph (c) (2) may be considered

arbitrary, and we realize that some investigation may be needed to

determine exactly what these values should be. The industry suggested that we allow % inch for each 100 units, which would amount

to a clearance of 1% inches in a box of 500 units; we feel that that

amount is too much. So the Committee reduced the figure to what

it was felt was adequate to avoid rupture of a package due to swelling

of the contents. I suggest that this subparagraph be adopted

tentatively only, until we learn whether or not its requirements can

be met; the manufacturers are not sure and we are not sure either.

The industry is willing to do it, and will make studies between now

and the next Conference to determine if it can be done.

(It was moved and seconded that paragraph (b), subparagraph (c) (1), and

paragraph (d) of Item 7, Facial Tissues, be adopted, and that subparagraph

(c) (2) of the same Item be tentatively adopted; the question was taken and the

motion was agreed to.)

(It was moved and seconded that, because of the lateness of the hour, consideration of the Report of the Committee on Methods of Sale of Commodities be dis- continued at this point, to be resumed at the succeeding session of the Conference;

the question was taken and the motion was agreed to.)

The Secretary. I have been asked to make two announcements.

The Committee on Resolutions will meet in Room 320 of this hotel

at 8 p. m. on Wednesday, September 24, and members of the Conference are invited and requested to submit to Mr. Witt, the Committee Chairman, or to any member of the Committee, before Wednesday evening, any resolutions or suggestions for resolutions which

they may wish to have considered by the Committee.

The Nominating Committee will meet in Room 320 of this hotel at

3:30 p. m. on Tuesday, September 23. The Committee Chairman,

Mr. Campbell, wishes me to say that if any member of the Conference

desires to make any suggestions in relation to nominations for officers

of this body, the Committee will receive them for this purpose between

3:30 and 4:30 o'clock.

(At this point, at 5:15 p. m., the Conference adjourned, to reconvene at 10 a. m.

Tuesday, September 23, 1947.)
THIRD SESSION—MORNING OF TUESDAY, SEPTEMBER

23, 1947

(The Conference reconvened at 10:10 a. m., J. F. Blickley, Vice President of

the Conference, presiding.)

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON

METHODS OF SALE OF COMMODITIES, PRESENTED BY JOSEPH

G. ROGERS, CHAIRMAN, AND DISCUSSION THEREON—CONTINUED

Mr. McBride. Yesterday it was voted, to adopt Item 1, Frozen

Foods, of the Committee's recommendations. I believe there was

some confusion, and that many of us who voted in the affirmative

were of the opinion that we were voting on the subsequent motion

offered by Mr. Kennedy, which was to lay this matter on the table

until next year. We feel that in view of the fact that the Conference

has accorded to other industries an opportunity, before final action

is taken, to study the Committee's recommendations, since it was our

intention to do so in the case of the frozen food industry, and since

there was lack of understanding on our part as to what motion was

prevailing at the time, I think it is fair that we ask for a reconsideration of that action, so that whatever we do, if we do get reconsideration, we will have clarity on it and the members will not leave here

with confusion in then- minds.

I move, therefore, that the Conference reconsider its action

yesterday in relation to Item 1 of the Committee report.

Mr. Witt. I second the motion.

Mr. Rogers. I did not think it was a confused issue but possibly

it might have been. But the Committee had in mind, in view of the

fact that this subject had been treated at the 1946 Conference, that

we had served notice on the food industry at that time that action

would be taken this year.

If it is the consensus that the food industry should have more time,

of course the Committee is not going to be opposed, but I think we

aU are agreed that something definite must be done in this situation.

The quicker we can focus attention on it and get some action, the

better off we will be. Do you have in mind that we can tentatively

adopt it as we did in the case of other industries where we had a controversial question and let it lie over for a year?

Mr. McBride. That is the purpose. We had some able speakers

here yesterday on the general subject of frozen foods and we learned

from those speakers that a good deal of this problem is still in the

development stage. Even Dr. Osborne is not yet of a mind as to

what shall be done in relation to standards of identity, and by our

vote of yesterday we are going beyond what their experience justifies.

We have taken a final conclusive action in anticipation, and yet I feel

that we do not fully know or comprehend the whole problem, and that

51
52 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

this final action we have taken does not reflect, perhaps, what we would

want to do if we had more complete information on the subject.

(The question was taken and the motion to reconsider was agreed to.)

Mr. McBride. I now move that the Conference tentatively adopt

the recommendation as offered by the Committee on Item 1, Frozen

Foods.

Mr. Kennedy. I second the motion.

(The question was taken and the motion to adopt tentatively Item 1, Frozen

Foods, was agreed to.) The Chairman. We will now proceed with Item 8 of the report of

the Committee on Methods of Sale of Commodities.

Mr. Rogers (reading):

8. GARDEN SEEDS: Should be sold by avoirdupois net weight. Quantity

should be marked when in package form.

NOTE.—A possible justifiable exception to this may be found in the sale of such seeds by a unit dip method at a specific single unit price to offset the prevailing racket in packaged seeds retailing at ten cents. Under a method or system

of this kind the elements employed should have sufficient safeguards to render

them satisfactory for commercial acceptance.

A number of States are permitting a system of this character to be used in their jurisdictions.

Now, we are not proposing any official recognition of the dip method.

However, what has developed is that the people will get better treatment by the dip method than they will at the present time in buying

seeds in packaged form, because there is a terrific racket in this seed

business; you get a nice envelope with a nice picture on it. but nothing

in it. States that have permitted use of the dip method do not

necessarily approve the method; it is just a stopgap and something

that may cure the racket.

Mr. Kalechman. This method will clash with the method we have

in the State of Connecticut. Grass seed is being marketed in package

form containing less than one-half ounce. Any package containing

less than half an ounce does not have to be marked.

Mr. Rogers. This dip method shows up those smaller packages

that are under half an ounce, where you are given very little for your

money. You still would not have to mark anything under the half ounce. Mr. Kalechman. I do not think it would be practical to weigh

amounts of a quarter of an ounce or one-thirty-second of an ounce. You would be all clay weighing.

Mr. Rogers. The whole trouble would be in getting the equipment

sufficiently refined to weigh those very small packages you are talking

about, but it could be done. That is the reason we subscribe to this

weight method. As a matter of fact it is F. H. Woodruff & Sons, Inc.,

of your State that has this dip system. I think they have representatives here in this room now; perhaps they will explain the system.

Mr. Johnson. (F. H. Woodruff & Sons, Inc.). I shall endeavor to

give some clarification of this system which may be up for unofficial

consideration. The method is simply a device through which the

average hardware merchant or retailer can sell bulk seeds at a price

of 10 cents per package. The method of selling them is a dip unit

method. In the past most merchants were unwilling to handle bulk

seeds because of the time element in selling them by weight. If the
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 53

method of selling them by weight were used, it would mean that they

would have to juggle back and forth, pour in and pour out, and the

time consumed was not really worth it to them, so they have gone into

the packaged means of selling seeds.

We can put into their hands this dip system which allows them to

buy the seeds in bulk, paying a greatly reduced price, naturally, and

sell them to the public at the accepted price of 10 cents a package,

and allow the consumer to get between three and five times as many

seeds for his ten-cent piece as he could get the other way. It is one

method of doing away with the middleman and the profit in between.

We have this system in use in a number of States in the country at

the present time. We are at all times willing to discuss and demonstrate the dip method with any of the enforcing officers of the various

States. In many instances, particularly when the States have the

half-ounce law, we are theoretically breaking the law, but the fact

that we do give the public so much more for their money has, I think,

justified our use of it. I shall be glad to answer any questions that you may have, with

the permission of the Chairman.

A Delegate. Does not the unit of measurement vary with the

seed?

Mr. Johnson. It does. We have color identification stickers for

the seed jars; ten-cent stickers may be red, blue, green, yellow, or

black. We also have dips with a red, blue, green, yellow, or black

handle. You use the handle which corresponds to the color for the

seed being sold, and you are absolutely assured of getting complete

straight-away handling right through, with no danger of mixing up

on it at all. All seeds bulk differently; that is taken into consideration

in the price factor.

A Delegate. I notice in a lot of stores most of these seeds are put up in packages. I have never seen any place where they are put

up by the man that sells over the counter. Do you know the percentage of what is prepackaged in the factory and what is packaged by

the seed dealer?

Mr. Johnson. I would not want to give any percentage because I do not know. I think you will find that the prepackaged seed would be

far in excess of the amount of seed sold in bulk over the counter.

Mr. R. E. Meek. I think it is most unfortunate that we should

have a discussion about this method of sale of garden seeds. I think

it is unfortunately true that the method is in violation of most of our

laws, and if we give any approval to this method I do not see how we

can reject other methods whereby they use the dip or measure seeds.

I feel that this Conference should go on record recommending the sale

of garden seeds by weight, and that no other recommendations should

be considered.

The Chairman. There is nothing in the recommendation, I should

say, to the affect that this dip method be adopted. It is just an

explanation in the notes of a system that is in effect. Is that not

correct, Mr. Rogers?

Mr. Rogers. That is true. Mr. R. E. Meek. That is true. That is the reason I think it is unfortunate that the discussion came up, because there are other

methods in the sale of garden seeds besides the method used by this
54 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

company, and although we may look with full favor on this method,

I do not know how we can permit others to use theirs and at the same

time not use this method.

The Chairman. The recommendation is that garden seeds should

be sold by avoirdupois net weight and the quantity should be marked

when in package form. That is the recommendation of the Committee. The footnote to that is just an explanation of the systems that

are in effect. If States have laws that would forbid that system,

naturally they could not put that system into effect. Other States

may have laws such that they are permitted to adopt that system.

Then it is up to them to adopt it or not adopt it. Does that explain it?

Mr. it. E. Meek. I said I was in agreement with the recommendation, but I think it is unfortunate that any consideration is given to

this method, either by the Conference or by individual States.

Mr. Rogers. I think for our own broad general knowledge, that as many things as we know that have happened in the commercial field

should be brought to our attention, and that is the purpose here.

Some of the States have not been brought into contact with this

method ; you have and we have. If we find that things have merit,

we do not hesitate to say they have merit, but we are still strictly

sticking to the principle of sale by weight in the proposal.

(Item 8, Garden Seeds, was duly adopted.)

The Chairman. Items 9 to 25, inclusive, are not controversial items.

The recommendations here are the practices in effect today, so we

should have no trouble in going through these quickly. Mr. Rogers

will read them item by item, and at the conclusion of No. 25, I will

entertain a motion for the adoption of Items 9 to 25, inclusive.

Mr. Rogers (reading):

9. GRASS SEED: Should be sold by net weight, and when in package form

should be so marked.

NOTE.—Some packers are using gross weight declarations on packages.

10. ANTT-FREEZE LIQUIDS: Should be sold by liquid measure.

11. POLISHES (liquid): Should be sold by liquid measure.

12. POLISHES (solid powder or paste): Should be sold by net weight.

13. STATIONERY (general): Items coming under the generally accepted

term of "Stationery" such as Pens, Pencils, Pencil lead fillers/Paper clips, Erasers,

Wire staples (except continuous wire for stapling), Labels, Tags, Seals, etc., should

be sold by numerical count.

14. INKS: Should be sold by liquid measure.

15. SOAP (liquid) : Should be sold by liquid measure.

16. SOAP (in cakes or bars): Should be sold by net weight.

NOTE.—-The soap industry during the war was able to get exemption from

weight requirements for bar soap, which concession it is understood was granted

because of the moisture content in such soap. This concession appears to have

been inconsistent when considered in relation to other industrials packaging

essentials with high moisture content on a weight basis.

17. SOAP POWDERS AND FLAKES: Should be sold by net weight.

18. CLEANSING FLUIDS: Should be sold by liquid measure.

19. DETERGENTS (liquid) : Should be sold bv liquid measure.

20. DETERGENTS (solid or powder): Should be sold by net weight.

21. INSECTICIDES (liquid): Should be sold by liquid measure.

22. INSECTICIDES (solid or powder) : Should'be sold by net weight.

NOTE.—Items 10 to 22 when sold in package form should have the net quantity

of contents declared by plain and conspicuous markings in terms of avoidupois

net weight, liquid measure, or numerical count according to the classification in

which they properly belong.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 55

Where any package subject to weight stipulations contains any article other

than the represented commodity itself, the quantity declaration shall be exclusive

of such article. We included that last provision because in some packages, such as soap powder for example, a towel or a wash cloth or some other item

may be included. We want the package declaration to apply only to

the essential commodity contained in the package. I think that is sound reasoning. [Reading:]

23. NUTS (except cocoanuts): Should be sold by avoirdupois net weight and

when in package form should be marked accordingly.

24. QUANTITY MARKINGS FOR PACKAGED COMMODITIES: Should

in all cases be applied to the outside wrappers of packages.

NOTE.—This can be invoked as consistent with the purpose of net weight

container laws. It principally has application to gift-wrapped packages in which

most failures occur in this respect. This was especially troublesome during the war years, and there can be recurrences due to misunderstandings by packers or merchants who sometimes decide for themselves that if the inner container bears a quantity declaration it is sufficient. That applies where the package is prewrapped and the customer

does not know what is inside. The inside box may have proper

markings on it, but that does not serve the purpose for the person

who buys the package already wrapped. [Reading:]

25. SECOND-HAND CONTAINERS FOR FRUITS AND VEGETABLES:

When second-hand containers are used for packing and shipping fruits and vegetables, all names, addresses or symbols of previous packers or shippers should be

removed before sale or re-use. The provision may not sound important but it is very important.

These packages are frequently reclaimed and used over and over again

,

and certainly the name of the previous user should be obliterated.

The purpose here is to put packers on notice as to what they are expected to do.

(Items 9 to 25, inclusive, were duly adopted. The subjects of these items were

Grass Seed; anti-Freeze Liquids; Polishes (liquid); Polishes (solid, powder, or paste); Stationery (general); Inks; Soap (liquid); Soap (in cakes or bars); Soap

Powders and Flakes; Cleansing Fluids; Detergents (liquid); Detergents (solid or powder) ; Nuts (except cocoanuts) ; and Quantity Markings of Packaged Commodities.) Mr. Rogers (reading):

26. GENERAL RECOMMENDATIONS:

Packaged Commodities: The committee recommends revised thought on marking requirements especially in relation to foods that are packaged with high

moisture content and others which, for economic reasons in packaging, can and

probably should be exempted from net quantity markings at their source. This especially refers to such items as meats, cheese of certain types, fish, dried

fruits with added moisture, and other commodities wherein it is most difficult, if not impossible, to control variables in the commodity itself or in the factor of

shrinkage.

Developments in the processing of certain packaged foods would appear to make it advisable to require weighing at time of sale for many items of essential

commodities. This can readily be accomplished by having the tare weight appear

on the container, together with a prominent legend or statement that the package

is to be weighed at time of sale to the consumer. The work of weights and measures officers would certainly be lessened and the

entailed problem of shrinkage loss eliminated or minimized by such procedure.

When net weight container laws were first established the field of packaged foods was of very limited scope. The evolutionary trend, however, has been such that we are now living in what may be termed "The Package Age," with virtually every
56 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

known food essential being put up in containers of one kind or other. With this expansion it was only natural that complications would develop—and they have.

It would, therefore, seem that we should attune ourselves to the changed conditions. Weights and measures enforcement work was never intended to be a bottleneck towards progress. Laws that served their purposes well at the beginning of

this packaging era do not in many instances serve the same purpose now. Before

this era began and essential foods were sold from bulk, the buyer did not stand

the shrinkage loss. He paid for the exact quantity he received, weighed for him

at the time of sale. Our efforts to have the packaging industries incorporate excess quantities in food packages to compensate for shrinkage have mainly been unavailing, and

while we endeavor to treat the quantity conditions of packages on their individual

merits in each case, the so many factors that enter into proper and successful

determinations influence the feeling that we should turn to a simplified method

for such commodities that create problems beyond the human equation to solve. Let us for the moment turn to some examples: Certain meat products are being

processed in the very container that is passed along to the consumer. Certain

items of fish are variable in sizes and weights. Certain types of cheese do not

lend themselves at all to quantity declarations when processed and packaged.

While it is true that all of these could be marked in some way, this would entail

the individual weighing and marking of each unit package and it simply means

that the labor costs of such operations would be passed along to the already

overburdened consumer. We can well be sure that the packaging source will not assume it. What we propose here may appear as a radical departure from

our accustomed usage of net weight marking requirements, but serious reflection we believe should influence the advisability of at least exhausting all the possibilities and treating troublesome commodity problems in the package field accordingly.

Date Stamping of Packages: Your committee recommends that the packaging

industries generally should apply the practice of date stamping containers of

packaged commodities and especially those subject to losses through evaporation

of moisture content. NOTE.—This would be an aid both to industry itself and to weights and

measures officers in the settlement of controversial questions or complaints. It would be a factor for consideration in relation to packages that have remained in a merchant's stock for an unreasonable length of time, and would relieve packers

of short weight odiums in many such cases. Your committee in signing out this report under a tentative status does so with the right of individual or collective reservations by reason of which such

changes may be made as deemed justified or advisable as the result of any subsequent presentations or proposals from those affected by or interested in what this

committee now offers. (Signed) J. G. Rogers, Chairman,

R. S. Ackerman,

C. D. Baucom,

J. G. Blickley,

J. A. Boyle,

L. R. Roper,

F. J. Young,

Committee on Methods of Sale of Commodities.

Mr. Rogers. That completes the report. This change in the

system of marking packages appears to be radical, but if you analyze

it, it is not so much so. There are commodities in our commercial

structure today that could very readily go over to a weight-at-timeof-sale method. It is a very difficult thing to control. For instance,

we are getting complaints all the time from receivers of meat from

the packers, wanting to know why they have to stand shrinkage

losses. We have often thought that the principle of weight at destination was certainly very much the better, because it represents the old

condition under which all of us bought things when we went to any

store; we bought it and it was weighed for us right then.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 57

So this is simply for your consideration, and offered as a general

recommendation that thought be given to it. You can take any final

action and pick out today all the commodities in the commercial

structure to which the principle might be applied.

Gentlemen, I am respectfully submitting this report of our Committee, and I want to thank you for the reception you have given it. I want to thank the Committee who worked with me. I hope we

have accomplished something.

The Chairman. Being a member on the Committee on Methods of

Sale of Commodities, I objected to Item 26. The main reason for my

objection was that I do not think it is practical. I have made a

personal survey of packages of this type. The intention of the industry is good but it is not carried out by the clerk behind the counter.

Moreover, Pennsylvania law will not permit it; our Department of

Justice has rendered an opinion that under Pennsylvania law, we

cannot permit the sale of any packaged goods that are not marked as

to net content.

Many other States caa go along with this recommendation, which is submitted to you for your approval to carry out when you got back to

your respective States or not to carry out. That is your particular

individual problem in your State. However, it is the function of the

Committee to make recommendations', and this recommendation is now before you to either accept or reject, and if there are no further

discussions on the Item, I will entertain a motion for its adoption or

rejection as you see fit.

(Item 26, General Recommendations, was duly adopted.)

The Chairman. We still have some unfinished business from

yesterday's program. Mr. C. L. Richard, ol the Livestock Branch of

the United States Department of Agriculture, has asked for a few

minutes.

REMARKS OF C. L. RICHARD, SUPERVISOR OF SCALES AND WEIGHING, LIVESTOCK BRANCH, UNITED STATES DEPARTMENT OF

AGRICULTURE

Mr. Chairman and Gentlemen of the Conference: I sought this

opportunity to address you today because I wish to discuss briefly a phase of your functions which is of particular interest to my or- ganization. I wish also to solicit and encourage your cooperation with

us in establishing and maintaining proper standards of weighing

accuracy at livestock and live poultry markets which we supervise.

A Federal statute known as the Packers and Stockyards Act makes

the Livestock Branch of the Department responsible for supervision over weighing facilities and weighing practices at some 200 livestock

markets and 19 live poultry markets. Our regulations include a requirement that scales at these markets shall be tested periodically.

I should like to make it clear that we do not provide the testing service or maintain test equipment. We simply require that tests be made

by competent agencies, that they follow a definite prescribed procedure and that the test results be recorded in detail on special forms

which we provide. When practicable, one of our field representatives

is present during the tests.
58 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

In some instances these tests are made by railroads, scale manufacturers, or independent testing agencies. In others they are con- ducted by the State or city departments which you gentlemen administer. Some of you have occasionally expressed the opinion that our test procedure requirements are too severe, our test record forms

too involved, and our tolerances too strict, but I think that these

criticisms have been ventured without full realization of the special

circumstances surrounding the use of these scales. Thus, for example,

livestock has a higher dollar value per pound than any other commodity commonly weighed for sale or purchase on large-capacity

scales; live animals do not comprise a dormant platform load but are generally in motion during the weighing operation; load drafts on a

representative scale may range from a 70-pound calf to a lot of steers

weighing 25,000 pounds. It is for these reasons that our requirements

are special as regards test procedure, tolerances, and records of test

results, and it is for these reasons that we desire you to cooperate by

so conducting and recording the tests that we shall have complete

and comprehensive knowledge of the scales' performance. You will

be interested to know that the high standards of accuracy we have set

for livestock scales, as represented by our special tolerances, are not

too difficult to maintain; last year, in some 85 percent of the tests

made at supervised livestock markets, the scales were found to be

accurate within those tolerances. - With respect to testing of live poultry scales I am happy to inform

you that generally we are receiving the active cooperation of the city

sealers. There are one or two exceptions where city inspectors seem to

regard a single application of one 50-pound weight an adequate test

of a 500-pound-capacity poultry scale. In such cases, of course, we

do not accept this as proper testing practice and must require the scale

owner to engage some more competent testing agency, a situation

which certainly reflects discredit upon the city sealer's office.

We plan to undertake shortly, under authority granted to the

Secretary of Agriculture, investigation and tests of livestock scales

used by packers to weigh slaughter livestock for purchase. In this

program we shall seek your assistance and cooperation too. It is our plan to supply you with lists of the scales in your separate jurisdictions, request that you include them in your regular test schedules

and supply us with copies of your reports on test results. Our field

representatives will be instructed to cooperate with you and to witness

tests whenever practicable. I may remind you, in this connection,

that livestock and live poultry scales used at public markets in your

jurisdiction, whether or not they come under the supervision of the

Department of Agriculture, merit your special attention for they

directly concern the interests of producers and others in your communities and they are of sufficient economic importance to justify

regular and comprehensive tests. That is the extent of my message to you. I wish to convey to you

the official thanks of my Department for the cooperative service you

are rendering and I trust that we may have your continued assistance

in our efforts to properly control weighing at public livestock and

poultry markets.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 59

ADOPTION OF TEST METHODS BY THE NATIONAL CONFERENCE ON

WEIGHTS AND MEASURES

By R. D. Thompson, Supervisor, Weights and Measures Division, Commonwealth of Virginia

When our good friend Ralph Smith wrote us asking for suggestions

for this meeting, I felt that the least I could do would be to "shell

out" at least one suggestion. Hence, I proposed the topic which you

now see assigned to me. I should have smelled a rat, but one only

learns these things by experience. Having proposed the subject, I could not well refuse to discuss it when requested to do so. My suggestion is that the National Conference form a Committee

on Methods of Testing Weighing and Measuring Devices, and that

methods be proposed by the Committee to the Conference for adoption

or rejection in a manner similar to that followed by the present Specifications and Tolerances Committee and the Committee on Methods

of Sale of Commodities. I believe that in certain instances the Conference has gone on record as adopting methods of test developed and

recommended by the Bureau of Standards ; specifically I refer to methods for testing fabric-measuring devices and taximeters.

Such methods as were adopted by the Conference could, in turn, be

adopted by the States and should lead to a much higher degree of uniformity in testing and inspectional procedures throughout the country.

It should be understood, of course, that the adoption and use of these

methods by the States would be entirely optional.

At the present time it is well known that methods of test on the

various devices vary excessively. Vehicle-tank calibration, for instance, in New York may be done in an entirely different manner from

the method used in Virginia or Florida. It is my understanding that a committee of the American Petroleum Institute is now working with

the Specifications and Tolerances Committee of the Conference

toward developing a uniform method of vehicle-tank calibration.

The new weights and measures official is at a loss to find out the

best method of testing many devices, without doing a great deal of

research work. Such methods as were adopted by the Conference

could eventually be incorporated in a handbook, which would be an

invaluable aid to both weights and measures officials and inspectors

and to scale and pump mechanics. The usefulness of such a handbook

would, however, depend on its being expressed in language which

could be readily understood by the average layman.

We must face the fact that while much of weights and measures

work is of technical nature, most of the inspecting and testing is performed by men who are not technically trained. The use of appropriate pictures and illustrations throughout the book would add

immensely to its value. No reflection whatsoever is intended on the

very excellent Handbook H37, entitled "Testing Weighing Equipment"

by R. W. Smith, which was published in 1945. This pretty thoroughly

covers the testing of scales. However, we are still pretty much left

without an authoritative source on many tests which we must conduct, such as calibrating vehicle tanks, test measures, test weights,

and pretty much the whole field on measuring devices.
60 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

It is stated in the introduction to Handbook H37 that the Bureau

eventually intends to publish a companion book to this publication to cover the testing of measuring devices. According to my information

it may be some years before this book can be published, and in the

interim I believe that a capable committee working with the Bureau

could perform a real service in the field of weights and measures.

I find in studying over old reports of this Conference that almost

everything I think of relating to weights and measures has been discussed at one time or another. It may be this proposal has been up

for discussion before and dropped for some good reason. However,

I would like to have the reaction of the group to this suggestion and

some action taken upon it. The Secretary. I have been asked by Mr. Kennedy of the District

of Columbia to make the following announcement:

At about 2 p. m. today in my office, Room 3117 Municipal Center, 300 Indiana

Avenue, there will be a demonstration of the compensated spring scale for our department. Our new men have never seen this demonstration, and if there is anyone at the Conference who would like to view it, not having previously seen

it, he is cordially invited to come to my office. VEHICLE TANKS—A SYMPOSIUM

REMARKS OF JAMES E. MOSS, DIRECTOR, DIVISION OF TRANSPORTATION,

AMERICAN PETROLEUM INSTITUTE

A year has passed since I appeared before you on behalf of the Committee for Uniform Calibration of Vehicle Tanks, the Joint Committee

on Tank Truck Shipping Practices and the Central Committee on

Automotive Transportation—all of the American Petroleum Institute—to present the reasons for our interest in the development of a uniform procedure for vehicle tank calibration.

At that time, I pointed out that the dislocations in the transportation

of petroleum brought about by the war had resulted in a four-fold increase

in the work performed by tank trucks in our industry, that the nature

of this war work had, in addition, substantially broadened our experi- ence both as shippers and carriers and that an important result of

these war experiences had been the conviction on our part that a uniform procedure for the calibration of vehicle tanks was desirable. I stated at your last National Conference that "it was our feeling that

implicit in this problem was a testing procedure recommended by an

authoritative body as standard" and that I understood the National

Conference had recognized specific procedures for the testing of certain

types of measuring devices in the past.

I stated further: "We seek no relaxation in existing standards. On

the contrary, we subscribe to a forthright consideration of the problem

by authorities in this field. We believe that those authorities are the

weights and measures officials of the country. We shall continue to

cooperate with them toward a final solution."

We now wish to report to you the progress we have made during

the past year.

Our Committee for Uniform Calibration of Vehicle Tanks first sought

to inform themselves with respect to all papers relating to this subject

which had in the past been published in the National Conference Proceedings. Accordingly, we requested Mr. R. W. Smith to furnish us with the references to these papers which we then photostated in
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 61

sufficient numbers for our committee members. Witb the thought

that a list of these valuable contributions to vehicle tank calibration

may provide a convenient bibliography for others interested in the same

subject, the list of the papers sent to our committee members follows:

PAPERS ON THE EQUIPMENT AND PROCEDURE FOR THE CALIBRATION OF VEHICLE TANKS APPEARING IN THE PROCEEDINGS'

OF NATIONAL CONFERENCES ON |WEIGHTS AND MEASURES OF

THE NATIONAL BUREAU OF STANDARDS

(Note on References: First No. = Conference Proceedings, Second No. =page)

(a) 1924 (17-94) Method Used in the Calibration of Vehicle Tanks in the City

of Detroit, Michigan—'George F. Austin.

(b) 1926 (19-57) The Measurement of Petroleum Products—Charles M. Fuller.

(c) 1930 (23-108) Testing Vehicle-Tank Meters—Francis Meredith.

(d) 1930 (23-112) Calibrating Vehicle-Tank Compartments by Liquid Meters

H. N. Davis.

(e) 1930 (23-115) Calibrating Vehicle Tanks by Large- Capacity Measures

S. T. Griffith.

(f) 1931 (24-41) Equipment for Testing Large-Capacity Meters for Petroleum

Products—Charles M. Fuller.

(g) 1936 (26-104) Chicago Ordinance in Relation to Vehicle-Tank Meters and

the Enforcement Thereof—James O'Keefe.

(h) 1936 (26-106) Air Elimination for Vehicle-Tank Meters—C. D. Baucom.

(i) 1936 (26-110) Portable Testing Equipments for Large-Capacity Meters and

Vehicle-Tank Compartments—Walter G. White,

(j) 1936 (26-113) Same title as above—John R. Booth.

(k) 1938 (28-17) Demonstration of Fuel-Oil Meter-Testing Equipment of the

City of New York—-Alex Pisciotta.

(1) 1940 (30-71) Weights and Measures Regulation—Charles M. Fuller. (m) 1941 (31-31) Testing Liquefied Petroleum Gas Meter Systems by the Gravimetric Method —Charles M. Fuller.

(n) 1941 (31-25) Air Elimination for Large-Capacitv Meters—C. P. Griffith.

(o) 1941 (31-33) Vehicle-Tank Piping Design—Charles H. Engelhard.

The second concern of our Committee was to call on as many weights

and measures officials in the States as they could conveniently reach in

order to inform themselves on the experience and views of these

authorities. This program included visits with 21 State officials located in 20 States. This schedule of visits is now nearly completed

and our committee members have been impressed with the uniform

courtesy and consideration they have received and the helpful suggestions which have been made by these State officials. On behalf of our Committee, I take this opportunity to thank all of those who have so generously assisted us. You will be interested in the impressions we have received as the

result of these visits and studies. They are two: First, the problem

of producing a uniform procedure for the calibration of vehicle tanks

is far more involved than we had anticipated; and, second, these

complications are of such a nature that they probably cannot be re- solved at this time by any single procedure or method.

These conclusions have convinced us that at this time the most

effective contribution we can make on this subject should be of a

general nature and that it should first be published in tentative form.

We believe for example that several methods for vehicle tank calibration should be referred to and that the initial publication, at least,

should be more of the nature of a useful manual on this subject.

784131—48 6
62 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Our specific reasons for this approach to the problem are:

(a) We believe that an additional step should be inserted in the

program to provide for a period of time during which we will be able

to bring to the attention of all of those in our industry concerned with

vehicle-tank measurement a practical working summary of the best

methods already devised by authorities for the use of vehicle tanks and

vehicle meters for purposes of liquid measurement. Briefly, we feel

that some excellent work has already been done by your members on

this subject. We do not believe that our people are familiar with it. We therefore conclude that this work should first be summarized

and presented to them.

(b) We believe that the involved nature of this problem clearly

indicates that, following the publication of a tentative description of

methods for vehicle-tank measurement, there should be allowed

ample time for trial of such methods and, above all, for the accumulation of comments and suggestions with respect to the individual

procedures recommended.

(c) Finally, we believe that the importance of the subject is far too

great to expose any part of the program to failure as the result of

undue haste or impractical theories. We are certain that this deliberate approach will have both your approval and support.

We have, accordingly, developed the following outline of sections

which we hope to complete in detail in sufficient time to submit,

first to your Committee on Specifications and Tolerances, and finally

to the Thirty-Fourth National Conference on Weights and Measures.

The outline we are at present working on is as follows

Foreword.

Sec. 1 —A brief history of the transportation of petroleum by tank

truck (with illustrations).

Sec. 2-—A discussion of the need for and problems of vehicle-tank

measurement, especially from the viewpoint of the industry.

Sec. 3-—The history of the specifications, tolerances, and regulations

for vehicle-tank measurement as adopted by the National Conference

on Weights and Measures.

Sec. 4—Vehicle Tank Measurement-—specifications, tolerances, and

regulations as adopted by the National Conference on Weights and

Measures with notes on the practical utilization thereof by the industrySec. 5 —Vehicle Tank Calibration-—an outline of currently accepted

methods.

Sec. 6 —Tank Vehicle Meter Calibration.

Appendix-—Useful tables—gravity tables, etc.

In our opinion, a publication of the kind described above will be

useful to the industry and will be interesting and of value to weights

and measures officials. It will not recommend any single method of

vehicle tank calibration but will pave the way for a standard procedure in the future if this seems desirable.

I repeat that, in the preparation of this publication, we must depend

on your assistance and it must have your final approval. Our first
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 63

concern is that it shall contain nothing inconsistent with the specifications, tolerances, and regulations for vehicle tanks adopted by this

National Conference. Our second concern is that we may be able to secure your approval of a few specific and representative procedures

for the calibration of vehicle tanks which may be set forth in detail

in this publication.

One year from now we hope to be able to submit for your approval

a tentative draft of this manual.

REMARKS OF ARCHIE T. SMITH, ASSISTANT STATE SUPERINTENDENT, DEPART.

MENT OF WEIGHTS AND MEASURES, STATE OF NEW JERSEY

Before the advent of meters facilitating the delivery from tank

trucks of the various products normally carried by the gasoline and

oil industries, the weights and measures fraternity throughout the

Nation had to pay very little attention to piping hook-ups other than

to ascertain no liquid was trapped in the compartments or lines when

the truck was supposed to be empty. All things being equal, our main

concern was to apprehend the user of the false five-gallon measure,

including those measures which were dented and not a few of which

were badly dented deliberately.

When meters first began to appear on tank trucks some years ago,

some weights and measures officials started to sit up and take notice, so to speak, but not too much notice at first. No department had

suitable equipment to handle this innovation and the dealer who

owned a meter was just way up to date. Then as the installation of

meters began to spread, various departments started to procure suitable calibrating equipment and dig in to find out what it was all about.

This of course took time. Complaints of short measure became more

prevalent. We were all more or less new in this field of endeavor and

had to learn the hard way. Many meters were tested many times

and found correct, but still the short measure complaints rolled in and

in many cases were directed against the same equipment which we

had recently checked. I say "we" advisedly, taking it for granted

all jurisdictions were up against the same problems.

Logically, then, if a given tank truck was supposed to be delivering

short measure and we were certain the meter was correct there must

be a joker somewhere in the piping hook-up. Investigation proved

this to be a fact and the odium cast upon the meter was removed. It

was not as easy as that sounds, however.

I was assigned to this type of work in 1939 and instructed to be on

the lookout for "by-passes". I knew that pumps had by-passes to

relieve the pressure when the nozzle^was shut off, but didn't know

about by-passes in the pipe lines. A comprehensive study had to be

made of this situation. It meant rolling under each truck to trace

every pipe line from its source, opening the numerous valves one at a time and in various combinations, and running tests to find out what

happened in each instance. It was not long before the term by-pass

meant more than just relieving pump pressure. As each one was discovered it was ordered removed and the lines plugged or capped as

the case might be. Many hook-ups were uncovered whereby fraud

could be perpetrated. Some were simple, while others were quite

complicated, as I shall point out later by means of slides.
64 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

The coal dealers soon began to feel the pinch of the oil business and

many of them jumped into the heating-oil game. Most of them knew

little or nothing about the oil business to start with, but all seemed to

have the phobia that the customer's storage tank must be pumped

out about every so often to eliminate sludge and water.

I gleaned this information after questioning many tank truck owners

as to why they ordered by-pass lines installed in their equipment.

The answer invariably was, "I didn't; I simply ordered a tank truck

piped so it would deliver the product and also be able to pump out

storage tanks. My drivers operate the units. I don't know one

valve from another". This was true in many instances. However,

it did not take some of the drivers long to learn how to cheat the

customer, pocket the proceeds from the sale of the stolen oil, and still show the boss correct figures.

It works the other way too, as witness the case where I was called

in to check a meter which was supposed to be delivering 1,000 gallons

for each 800 gallons shown on the meter, which would mean a 20

percent error in the meter. Investigation developed the fact that the

regular driver was off sick and the new man had cracked the wrong

valve and was by-passing 200 gallons of oil around the meter for every

800 gallons which went through the meter. Incidentally, the meter

was found to be correct and the owner removed the by-passes then

and there by breaking two lines.

Now, where do we go from here, you may ask. The path leads

directly to the door of the Tank Truck Manufacturer; the big ones

as well as the little fellows. I often wonder where they got their

ideas for some of the hook-ups I have come across. Possibly some

persons with a bent for making a big dollar submitted specifications

for tank trucks which would lend themselves in that direction. Then

again, they may have been designed for the dual purpose of delivery

and suction work as I have outlined above, having no ulterior motive

in mind. However, the fact remains that tank truck manufacturers

do build equipment with certain lines and valves which readily lend

themselves to the perpetration of fraud by those who are so inclined.

One oil dealer purchased a new tank truck to add to his fleet of three.

Permission was granted for this dealer to make a delivery before the

meter was calibrated. The truck was loaded and sent out with one of

his experienced operators. After nearly two hours of experimenting

the driver returned, having been unable to find the correct combination

of valves to unload the oil through the meter. It developed that there

were several tank truck salesmen after this dealer's business and their

sales talk seemed to center on the number of valves each could furnish

for a given sum. The order was given to the man with the most

valves, resulting in the above confusion.,

My inspection of this truck the next morning took considerable

time. There was a maze of pipe lines and valves, including by-passes

and several valves which had no essential duty whatever. They were

just extra valves. The truck was condemned and returned to the

manufacturer for removal of by-pass lines and unnecessary valves.

The deeper I delved into the pipe line situation, the more interesting

it became. I started making rough sketches of the various types of

hook-ups, and in May 1941, made three drawings: One, of the simplest

legitimate hookup; one, of jbhe simplest set of by-pass lines; and one,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 65

of the most complicated hook-up. A clever operator could make

this latter hook-up do everything but talk. About a year or so later

I came into possession of a set of blue prints made by one of the

largest tank truck manufacturers in the country. Among these

prints were some identical with my drawings as well as others with

"Rube Goldberg" characteristics.

Believing the elimination of the vicious "by-pass" could be speeded

up, our Department had these three drawings mimeographed and

copies sent to every weights and measures official in the State of

New Jersey. How much this helped I do not know, but I can say

that trucks equipped with by-pass lines are a rarity in New Jersey

today, and as each new one shows up it is quickly eliminated.

During the recent war an entirely different hook-up came into

being on United States Army Air Force gasoline tank trucks. As

some of these will no doubt get into civilian service through surplus

equipment channels I shall attempt to explain briefly what we are up against.

To begin with, there is no gravity outlet, in fact, no outlet what

ever on the underside of the tank truck as we know tank trucks in

civilian enterprise.

A large housing at the rear of the truck contains an independent

gasoline motor connected by gear shift to two pumps, one on either

side. They can be operated independently or together as desired.

Then there is a conventional meter and hose reel for each pump.

The pipe lines run from the pumps upward to near the top of the

shell, then through the shell and on to a point about midway of each

compartment where they drop to within an inch or two of the bottom.

This suction hook-up was designed to prevent water from being

introduced into the gas tank of any plane. Furthering this safety

measure a segregator was installed on the underside of each compartment directly under the end of each pipe line. This consists of a chamber containing a valve and float. Water in a compartment would

find its way into the segregator at the bottom and before the danger

point was reached the float which would sink in gasoline would be

raised to a point where a valve would close the end of the suction

pipe preventing further use until the water had been bled from the

segregator.

The Army requested the calibration of the compartments of these

trucks. They had to be calibrated with water, of course, but they

would not operate with water. The segregator took care of that.

Making a long story short, each pump on the so-called 2,000-gallon

units, (which, incidentally, fell far short of their rated capacities)

had a 2-inch plug in the top and each truck was equipped with a

suction inlet used to pump gas out of planes. A suction line was

coupled to this inlet and a delivery line coupled into the top of the

pump. The suction line was then introduced into a compartment

through the dome. The delivery line being connected into the pump

ahead of the meter prevented any water damage to that element.

The 4,000-gallon units presented a real problem as there were no

openings in the pumps for a delivery line. However, this problem was

solved by spotting a 2,000-gallon unit alongside the bigger tank truck

and utilizing the motor, suction, and delivery lines of the smaller job.

When this method was advanced the Army decided to find out how
66 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

other States had handled this work. We lost three days, all of which

were spent in long distance Army phone calls around the country

to no avail. Only one weights and measures official was located who

had completed several of these jobs. I talked with him on the phone

VIA

DISCHARGE LINE

Figure 2. A simple piping diagram for vehicle tanks.

Arrows show direction of liquid flow.

VIA RETURN TO PUMP VIA J

DISCHARGE LINE SUCTION LINE WHEN

VALVES NO. 2 AND 3 ARE

OPEN

Figure 3. A common "by-pass" piping diagram for vehicle tanks.

Arrows show direction of liquid flow for a normal delivery with valve 2 open and valves 1 and 3 closed. Hose reel can be by-passed and meter registration will occur if valves 2 and 3 are open and valve 1 is closed. Meter can be by-passed and delivery made through hose if valves 1 and 2 are open and valve 3 is closed.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 67

and by dint of much questioning on my part learned that he had

calibrated these trucks with his standard 5-gallon test measure;

that the capacities of each compartment were marked on the respective domes; that he had run 5 gallons of gasoline through each meter

and certified to the accuracy of the capacity as noted on each dome.

Incidentally the rate of flow as we found it was about 50 gallons per

minute. Of course this method was given no consideration whatsoever and we were authorized to proceed with the work. Once started

we received cooperation from all. In closing I would like to point out that a few dealers have had

occasion to use the by-pass lines for suction purposes. Those who

have, are for the most part sorry they did it. The truck compartments had to be flushed out and meters had to be repaired. Storage

tank clean-out work should be handled by independent equipment.

It is on this premise that I strongly advocate that a national code

be drawn up regulating and standardizing tank truck hook-ups and

recommend that each State enforce it.

(At this point Mr. Smith illustrated by means of slides, and described certain

pipe-line hook-ups. See figures 2, 3, and 4.)

GRAVITY DISCHARGE

Figure 4. An involved "by-pass" piping diagram used on some vehicle tanks.

Arrows show direction of liquid flow for a normal delivery with valves 1, 4, 5, and 6 open and valves 2, 3, and 7 closed. Liquid will register on the meter and partially by-pass the hose reel, passing through lines A, B, C, D,

and E, it valves 1, 4, 5, and 6 are open, valve 2 is partially open, and valves 3 and 7 are closed. Liquid will register on the meter and completely by-pass the hose reel if valves 1, 2, 4, 5, and 6 are open and

valves 3 and 7 are closed. Liquid will by-pass the meter and be delivered through the hose reel if valves 3, 5, and 6 are open and

valves 1, 2, 4, and 7 are closed; partial by-passing of the meter will occur if valves 1, 3, 4, 5, and 6 are open and valves 2 and 7 are closed. For outside suction through valve 10 to compartments, valves 7 and 10 are opened and valves 2, 3, 4, and

6 are closed. For rear outside suction through valve 8 to compartments, valves 6, 7, and 8 are opened and valves 2, 3,

4, 5, and 10 are closed. For nonmetered pump discharge through valve 9, valves 4, 5, 6, and 9 are opened and valves 1, 2, 3, 7, and

10 are closed. For outside suction through valve 10 and discharge through valve 9, valves 4, 9, and 10 are opened and

valves 1, 2, 3, 6, and 7 are closed. For gravity discharge through meter and hose reel, valves 1, 4, and 7 are opened and valves 2, 3, and 6 are

closed.
68 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

REMARKS OF ALLAN R. SMITH, EXECUTIVE SECRETARY, NATIONAL TRUCK TANK

AND TRAILER TANK INSTITUTE

To the best of my knowledge, this is the first time that vehicle tank

manufacturers, through their trade association, have been invited to

take part in the discussions of the problems facing the officials charged

with enforcement of weights and measures regulations. Needless to

say, the National Truck Tank and Trailer Tank Institute, comprising

the large majority of the manufacturers in the whole tank industry,

welcomes the opportunity.

While not at a loss for words, for one could speak volumes on the

subject, I nevertheless feel somewhat like the freshman Senator,

newly elected to Congress, who comes to this teeming capital of the

world, full of vim, vinegar, and fire, and yet is expected by protocol

to observe, listen, and say nothing.

Regardless of protocol, however, there are some points about

vehicle tank calibration from the tank manufacturer's viewpoint

that should be of interest to weights and measures officials and I shall

presume to bring out a few of these as I go along.

First,, it is the wholehearted desire of all vehicle tank manufacturers to cooperate fully with the State and city officials, and at the

same time with the oil companies, who are our customers. Over the

years, many improvements in vehicle tank construction have taken

place; some as a result of improved engineering on the part of the

manufacturer; some as a result of demands by the oil companies for

greater efficiency; and some as a result of improved regulations by

public officials such as this group; and all with the end in mind that

the general consuming public after all is the one who must be satisfied.

For example, heads of tanks are now manufactured so there is no

longer danger of movement of any kind—they either have such a deep

dish that they cannot breathe, or they are stiffened to a point that

guarantees constancy of compartment capacity. Complete drainage

is another point that manufacturers consider important and all have

this in mind when tanks are designed and built.

Primarily, however, improvements in tank engineering and construction so far as the problems of weights and measures are concerned,

rest with the operators of the equipment and the State and city

officials who are in charge of this for the public welfare.

Tank manufacturers as a whole do not, I believe, feel that tanks they

manufacture are measuring devices. On the contrary, vehicle tanks

at the time of manufacture are considered only as containers, and it is not until they are calibrated and sealed as to capacity, after delivery

to the user, that they may properly be considered a measuring device.

There are good reasons for this viewpoint.

In most instances, particularly with the larger manufacturers, the

vehicle tank is manufactured at one locality but delivered and used in

any one of 48 States, or any one of hundreds of cities. It would be

impractical for these tanks to be calibrated at the tank factory,

particularly when the sealer at the point of delivery would require a recheck of the calibration before placing the unit into local usage.

Engineering of tank construction of course contemplates that the

finished tank or compartment will be approximately of the size

intended, and manufacturers hit the mark with surprising accuracy

usually within a few gallons of the desired total plus an expansion
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 69

leeway. But this is about as far as the tank builder can go unless he

enters into the tank calibration business. Thus far at least, most tank

manufacturers feel that calibration is a matter to be handled by the

oil company and the local sealer, with the tank considered only as a

container up to the time it is calibrated and sealed.

We are happy that so much progress in standard methods of calibration and measuring has been accomplished, as evidenced by Handbook H29. We understand that more and more States and cities are adopting these standards, and this is good because standardization of

practices is healthful to any industry and particularly in this case, where uniform practices can mean so much.

Without getting into details, it might be well to mention a few points

about Handbook H29 specifications that have been brought to our

attention by various tank manufacturers. These points perhaps are ones that the oil companies and the sealers already are considering,

but they do present manufacturing problems where perhaps we can

be of assistance.

Paragraph 5 of the specifications provides that a fill or inspection

opening shall in no case be less than 7% inches in diameter. In the

farm trade particularly, where vehicle tanks have from four to six

compartments with double bulkheads and a total capacity of 600,

800, or 1,000 gallons, with individual compartments often of 50 or 100 gallons capacity, for many years manufacturers have used a

6-inch fill cap, and in some cases even a 4- or 5-inch fill cap, and tens

of thousands of these truck tanks are now in use and are continuing

to be built. In considering the minimum size, it might be well to

bear in mind that the smaller compartments on these truck tanks

very often will not permit more than a 6-inch fill opening, especially

when an expansion dome containing the handle mechanism is included. An 8-inch fill cap with expansion dome would be wider than

the compartment width in many cases.

It has been suggested also that paragraph 5 be clarified as to the

use and description of an adjustable indicator. In some areas, sealers

apparently are insisting that an angle iron be welded to the tank and

they refuse to pass tanks where the marker is a screw-threaded piece

with sealing wire through a drilled hole to which the sealer's tag is attached. The permanent welded marker presents a real difficulty

in that welding facilities are not always available at the point of

inspection and sealing. From the manufacturer's viewpoint, the

sealed screw-threaded piece appears adequate.

Another point is whether tanks should be calibrated with wet or dry lines. The majority of oil companies, we believe, prefer wet-line

calibration, while the sealers, we believe, favor dry-line calibration.

From the tank manufacturer's viewpoint, wet-line calibration is preferred—not alone because larger size pipe lines permit a greater

payload for our customers—but because it is not always possible to

insure leak-proof emergency valves. A slight particle of dirt or

foreign matter could hold the valve seat open and permit a small

trickle from the compartment into the dry line. With a springclosing type of valve, it is difficult to avoid this problem. It may

sound strange for us to admit that there is a possibility of an emer- gency valve leaking slightly, but in defense we wish to point out that

the primary purpose of an emergency valve is to prevent dumping a
70 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

whole load of gasoline on a public highway in the event an accident

rips off a pipe line. It is not so serious if only a very small amount

escapes.

In commenting on the foregoing points, I have endeavored to

confine the remarks to just a few problems that directly bear on manufacture of tanks. I realize there are numerous other points from the

users' and sealers' viewpoints that need discussion and clarification.

The oil companies and the sealers are at work on these, so there is only one further comment I should like to make.

I do not believe sealers have the same type of enforcement problem

in the oil industry as may exist in other industries, such as in the cor- ner grocery or butcher shop, where a thumb or a couple of fingers on

a scale can reap an ill-gotten harvest for their owner, especially in

these days of fancy prices.

The overwhelming majority of oil companies are reputable concerns, jealous of their standing in their community, and very conscious

of customer good-will. I believe that the last thing any of them would

want would be to have even the slightest whisper leveled at them of

any irregularity in the way of inaccurate deliveries.

As already indicated in their committee report to you, the oil

companies are striving to cooperate with you so that all may do a good

job, and I wish to add that the vehicle tank manufacturers, individually, and collectively through their association, stand ready to lend

their assistance whenever and wherever it may be needed.

In closing, I have a confession to make. When I circulated Handbook H29 Vehicle Tank Specifications to our manufacturers, I was

surprised that a good many apparently had never heard of it. That

may be my fault as association secretary; it may be their fault as individuals for not keeping abreast of what is going on; or it may be

your fault in not publicizing it more fully. I'll take the blame this

time, but I should like to ask that your organization keep us posted,

not only on the regulations you agree upon nationally as a group,

but also on the regulations that you adopt in the area under your

direct jurisdiction. And as the regulations in the various States and

cities become more uniform across the country, I am sure that the

best interest of the public will be served.

REMARKS OF GEORGE E. CARPENTER, SUPERVISOR, DIVISION OF WEIGHTS AND

MEASURES, STATE OF VERMONT

It has been a pleasure to me to listen to the preceding speakers on

this symposium and to hear what they have had to say. For the

benefit of the last speaker, I should like to say that it is quite evident

that he has not met a great many of the truck drivers whom good oil

dealers and distributors have to employ to go out and deliver their

products to the consuming public.

Last April our Secretary canvassed our membership by letter for

suggestions as to items we would like on the agenda for this Conference.

Being much concerned over the situation in our State I suggested

"vehicle tanks," as this subject appeared to need some constructive

action as far as Vermont was concerned. This resulted in my being

selected to secure the information that I desired and present it here for

all to consider.

I should like to say right here that what is everybody's business is
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 71

nobody's business at times. If you and I go out on the street and we

see a building bursting into flames, we immediately make it our

business by ringing the alarm, and that is the situation from which

most of my paper evolves. My understanding of the worthwhileness

of a conference of this nature is that it may serve as a clearing house for our problems and at the same time make for a more uniform and

efficient procedure in the over-all picture of the enforcement of

weights and measures laws and regulations throughout the Nation.

Accepting the task, I sent questionnaires to 49 jurisdictions with 12

questions asked, any one of which could be answered by "yes" or "no."

The first 10 pertain to the handling of petroleum products, and Number 10 was really the $64 question. It is believed that all will be

interested in the results of this canvas which includes replies from 43 of

the 49 jurisdictions solicited. The ten original questions with the

results are as follows:

1. Does your State require calibration of all tank

vehicles transporting inflammable liquids? Yes 24 No 19

2. Do you have centrally located calibration stations? Yes 13 No 30

3. Do you use portable calibration units? Yes 28 No 15

4. Is there any charge for calibration? If so, how Yes 10 No 33

much? From $.50 to $10.00

per M gallons.

5. Do you have authority to regulate piping and

valves on these vehicles? Yes 28 No 15

6. Do you adjust meters if found out of tolerance? Yes 21 No 22

7. Does your State require all petroleum products to be delivered through meters? Yes 3 No 40

8. Are invoices required to accompany delivery? Yes 21 No 22

9. Are printed meter attachments approved? Yes 24 No 19

10. Do you have authority to prohibit the common use

of a tank vehicle from hauling gasoline and other

petroleum products at the same time? Yes 9 No 34

Questions eleven and twelve had to do with the problem of metering

of so called "bottled gas." Several States are recognizing the fact

that this problem is soon to be with us, but none had any legislation on

the subject when our questions were answered. Some had legislation

pending.

Now may we return to the all important question No. 10, "Do you

have authority to prohibit the common use of a tank vehicle from

hauling gasoline and other petroleum products at the same time?"

Nine jurisdictions answered this question Yes while 34 answered No.

To me this looks serious for it means that the lives and property of

many thousands of people in these 34 jurisdictions are threatened by

the human element involved in the delivery of kerosene and fuel oil

in these areas. Is it any wonder that newspapers are constantly

printing stories of explosions of oil stoves and oil burners with resultant loss of life and property? It is true that familiarity breeds con- tempt and the carelessness of many people who handle gasoline

without doubt contributes to the mounting number of explosions and

fires to say nothing of the loss of life which sometimes occurs.

Seriously, there are 34 States where reasonable protection of life and property calls for action on the part of weights and measures

officials or some other State agency. We suggest that weights and

measures officials initiate action because it is our inspectors calibrating

tanks and meters who first discover the carelessness and indifference
72 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

of certain distributors. Some oil companies who have some splendid

regulations for the protection of their customers and employees, are known to leave the question of whether pipe lines are properly

cleared to the judgment of the truck driver, and many of these people

are like the Irish hod carrier who had been told to take 12 bricks each

time he went up the ladder. He shortly used up his supply so there

were only 11 bricks left so he calls to the mason on the staging to

throw 1 down to him. I have seen a four-compartment tank truck

loaded with Hi-test gasoline, regular gasoline, fuel oil, and kero- sene going out to make deliveries. I would not buy fuel oil or keresene

from that dealer at any price and in my opinion that sort of procedure

must be stopped. In Vermont we found that our State Fire Marshall

had the necessary law authorizing him to regulate, and it was simply

a question of his issuing a regulation prohibiting mixed loads and

than enforcing the regulation. Further than this there are dealers

who switch from hauling gasoline to fuel oil or kerosene. The driver

is supposed to drain all lines and make sure that all gasoline is out of

same before loading. Some one should be required to check on this.

In this connection our State Fire Marshall is cooperating by issuing a regulation requiring a recorded check on draining operations whenever a vehicle is transferred from gasoline service to kerosene or

fuel-oil service.

One State official replied to my question in the negative and then

went on to say that in 40 years as a regulatory official he had noted

hundreds of instances where contaminated kerosene had caused

explosions and fires with the resultant death and destruction of

property.

In any event these conditions offer an opportunity for a considerable

number of us to perform a real service to our public.

One other question that should be elaborated upon to some extent

is No. 6, "Do you adjust meters if they are found out of tolerance?"

Yes 21, No 22. I know it is against the principle of weights and

measures officials everywhere and for all times to be repairmen, but

about half of us admit that we do the practical common-sense thing

when face to face with a meter that is out of tolerance; it has an adjustment provided by the manufacturer, the truck is needed to

deliver fuel to people who are suffering from the cold, and in many

instances is the only means of delivery for miles around. We adjust

it if we can, and seal, rather than to condemn. This practice provides

a saving to the owner and the State, and a service to the general public.

In one instance, one of our inspectors came to a truck where the

man had been ordered to shift from gasoline to kerosene. The outlets

in those compartments were at the rear. The driver had set his truck

so that the front end was the higher and he figured that he was draining

his tank. The inspector asked him to come up on top and look down

in. He had a gallon to a gallon and a half of gasoline in each compartment due to the pitch of his truck. He thought he had drained

everything out and he was going to be loaded with fuel oil and go out

and make delivery.

I want to take this opportunity to thank all of you people for your

cooperation in furnishing the information requested and I hope that

some one may benefit from same.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 73

METHODS OF SALE OF ICE CREAM

By J. Thomas Kennedy, Director, Department of Weights, Measures, and

Markets, District of Columbia.

Back in June, Mr. Ralph Smith addressed me a letter stating that

somebody had requested further discussion on ice cream. Knowing

that the District of Columbia went into this matter last year, he

asked me to tell you what we did and what the result was, and he

further said that we w6uld have a discussion.

The Commissioners of the District of Columbia, the governingbody of the City of Washington, appointed as a committee of three

to investigate this subject, a member of the Weights and Measures

Department, a member of the Corporation Counsel's Office, and a member of the Health Department. This committee held several

conferences, the first of which was with a group of ice cream men

representing about 80 percent of the industry locally. This branch

of the industry was 100 percent against the sale of ice cream by weight.

The next hearing which was held was a public one and those interested

in this subject were invited to express their views. This particular

hearing was not well attended nor were the retailers well represented.

Under the direction of the Commissioners, a public hearing was

then held for the citizens of the city likewise to express their views.

A large number of associations were represented at this meeting, together with representatives of the ice-cream industry, which was still practically 100 percent against the sale of ice cream by weight—only

one company had gone on record as favoring such a change. Toward

the end of the hearing, the ice cream representatives requested that

the report be held open in order that they could give their side of the

story to the individual citizens and civic associations. The request

was granted. The ice-cream industry appeared at practically all citizens' and civic meetings held during the month of March, and upon

invitation from the civic groups the Department of Weights and

Measures was represented at twelve of such meetings. Being a government employee subject to certain rules and regulations, it was not possible for the representative of the Department of Weights,

Measures, and Markets to seek approval of that Department's

recommendation, nor was it possible for that representative to enter

into any debate with the industry.

The Department of Weights and Measures felt that the proper

way in which to sell ice cream was by weight, such sales permitting the

consumer to receive what he orders and what he pays for. It also

permits a retailer to sell honest measure, for it is practically impossible

for a retailer to hand-pack a quart of ice cream into a 32-ounce liquid

measure and have 32 ounces of ice cream in the box; all voids are not

possible of elimination in hand-packing, thereby creating short measure.

Selling by weight permits a retailer to sell practically all of the article

that he buys; in other words, if he buys ice cream by the pound, he

can sell practically all that he buys. This is not true when selling

ice cream by liquid measure for it is only possible—and that only in cases where care is taken—to dispense 13 to 15 quarts out of a 20-

quart can. All of these facts were laid before the meetings of citizens

and civic groups which were attended by the Weights and Measures

Department.
74 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

The manufacturers in their arguments maintained that the sale of

ice cream by weight would in the end materially increase the cost to. the consumer, this increase being brought about by the increased

costs of operations, such as delayed deliveries, installation of new

accounting procedures, reduction in the number of dealers that could

be served each day, and the fact that retailers would be required to

hire additional help to dispense such ice cream. The manufacturers

brought in many technical reasons why they were against the sale

of ice cream by weight, such as butterfat content, the lightest ingredient, being reduced in quantity and heavy sweetening increased,

thereby increasing the weight of the cream but at the same time

reducing the food value. It was also brought out by the manufacturers that the frozen custard industry—counter ice-cream manufacturers—would be so slowed up in dispensing custard that it would

cause them to lose business and probably throw many of them into

bankruptcy.

The net result of all these hearings resulted in about a fifty-fifty

poll of associations—50 percent for and 50 percent against sale by

weight.

The committee appointed by the Commissioners realized that to

modify the law, it would be necessary to go before the Congress of the

United States, and that without the backing of the citizens such action

would not be justified. Therefore the committee recommended to the

Commissioners that ice cream be continued to be sold by liquid

measure rather than by weight, as public opinion was not sufficiently

strong at that time to justify such action by Congress.

DISCUSSION OF FOREGOING PAPER

Mr. Rogers. Ice cream is a live issue. I think our main concern

has been how to control the retailer. That is the reason for the public

complaint. The public naturally wants full volume for what it spends.

We had the greatest number of complaints during the war years when

there was a restriction on manufacture. The volume was not there,

but the fellows did get some stocks and they were stretching them.

It is an admitted fact that the industry has consistently opposed

weight legislation. To be fair with both sides, we wanted to go into

this subject rather deeply and we have done so with the industry.

They are still opposed to sale by weight for a number of .technical reasons that Mr. Kennedy has so ably presented.

But the industry itself has become alive to the fact that the situation

is not clean, and it knows that among the retail dealers there is a

great propensity toward gypping; so they offered to work out with us a method whereby we could lay on the desk of any judge the proper

evidence, a method which they thought would suppress the gypping

that is going on by the retail dealer and possibly relieve a lot of the

pressure on us. Recently they presented to us for consideration or for

adoption a container of special construction, with dimensions 13 by

15 by 18 inches. It is a container with an aluminum case, and a lining

of balsa wood approximately an inch or an inch and a half thick for

purposes of insulation. The idea was that if a weights and measures

officer could utilize a utensil of that kind in picking up evidence, it could be made to stand up in court. Our trouble has always been that
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 75

because of the characteristics of ice cream, one cannot make determinations which the judge will accept; he wants to see visible evidence.

Placing visible evidence before him is a very difficult thing, because

of the need for something to preserve that evidence.

Just before coming down to the Conference, we assigned a man to

the field with this insulated container to see whether it had any merit.

It will not hold any great number of samples,—possibly about 4

quarts—because there must be incorporated sufficient dry ice to pre- serve the evidence; the question was just how long we could preserve

the evidence, and whether this would be sufficiently long to get our

case into court.

We find that it can be done. On a run of 30 hours we found that up

to 26 hours the evidence was preserved. In other words, we could go

into a store and pick up a package of ice cream, cut it open and see if there was any tangible evidence of short measurement, and immediately fold it up again, seal it, and put it in the dry ice again and take

it into court. We have not had any court action on it yet.

This experiment was simply to find out if this thing was effective,

and we believe it will be effective. It is something for you fellows to

consider. We are going to try it out now to see whether we can make

it stick in court. We think it can. There was one deficiency in the container itself. The judges want

all kinds of safeguards set up because they bend over backward to

give the defense the benefit of the doubt, so we had to provide a sealing

lug on the box so there will be no opportunity at all of opening that

box from the time we seal it until it gets into court.

The ice cream industry will cooperate with us. They will make it possible for us to go to any ice cream manufacturing plant with a box

of evidence, and place it in their storage. They are just as anxious

as we are to suppress the man who is giving short measurement.

Incidentally, we found out another interesting thing. In going

into the records of costs to find out what the spread was between the

wholesale price and the retail price, we found one instance in which

ice cream sold wholesale for 49.5 cents per quart and dealers were

selling it at from 80 cents to 90 cents a quart. So you can see that

the dealer can realize something between 20 and 30 percent profit even when there is a shrinkage loss. There is no really logical excuse

for the retailer to give short measurement, because we do believe the

industry is giving the retailer a chance for a sufficient mark-up for the

purpose of profit.

Mr. North (International Association of Ice Cream Manufacturers).

Mr. Chairman and members of the Conference, we have a wealth of

material here documenting our stand in opposition to the sale of ice. cream by avoirdupois weight, but out of consideration for the members

of this Conference, and realizing the time limitation, we are just going

to highlight some of the facts we would like to leave with you people.

While the stand of the International Association of Ice Cream

Manufacturers and the entire industry for which it speaks, is well

known to most of the members of this Conference, we appreciate the

opportunity to appear at this open forum and again register our reasonable opposition to the suggestion that the method of sale of ice cream

be changed from volumetric measurement to avoirdupois measurement.

This statement is submitted in behalf of our 875 company members
76 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

operating over 1,900 plants in the 48 States and the District of

Columhia. These members are manufacturing over 80 percent of all the ice cream sold at wholesale and over 75 percent of all the ice cream

manufactured in the United States.

In making this appearance, we are assuming that your objectives

are:

1. To recommend uniform regulations for the sale of a particular

product which will adequately protect those who sell and those who

buy. In other words, as a quasi-official organization you are recommending to the legislatures, and in some instances to the Congress,

procedures which are designed to aid and protect the ultimate con- sumer and, at the same time, to aid and protect business. We could

take no other position for, as public officials, you represent all of us.

2. Our second assumption, since you are men dealing with business

constantly, is founded on the belief that whatever procedures you

recommend must, of necessity, be practicable and workable. You

would not penalize business by creating new methods of handling

which multiply costs without giving commensurate advantages, and

you would not penalize the consumer by devising procedures which

offer no more protection than some practical statutes already in effect

and which only increase the cost to the consumer of the product he

wants to buy.

There is one statement made by Mr. Kennedy which I would like to

refute. We do maintain that ice cream can be dipped and packed and

that the consumer can be given adequate weight. At an expenditure

of thousands upon thousands of dollars by the International Association

of Ice Cream Manufacturers through its affiliate Ice Cream Merchandising Institute, we have gone to a lot of pains, and have done a lot of

research work, to develop proper dipping and packing procedures.

And now I am pleased to announce that we are holding open house and

a new school for training ice-cream merchandisers under the various

plans which will in turn go back to the dealers and properly educate the

fountain personnel. This is one of the best equipped and most skillfully staffed schools that any industry can boast of, and we will be

glad to see any of you people who may wish to see this school on the

tenth floor of the Barr Building.

Before stating any of the general propositions that we hold to be

reliable in opposition to selling by weight, I should like to make some

very pointed observations after reading your tentative report which

was presented to us previous to this meeting. In considering the sale

of frozen foods, you recommend that foods strictly of liquid classification offer no apparent difficulty and should be sold by volume

representations in terms of liquid measurement. You further state,

and we quote:

Ice cream, while sold by liquid volume, we believe cannot be construed as

falling entirely within this classification as there is not as yet, to our knowledge,

any legal decision as to whether it is a liquid or a solid. We contend that ice cream is a liquid. The ingredients, with the

exception of the sweetener, and sometimes the sweeteners, are all

liquid. When put together in the form of mix, they are liquid.

When the ice cream is drawn from the freezer, it is a liquid. No one would consider whipped cream a solid. It is only during storage in
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 77

the hardening room and before ingestion that it assumes a transitory

semisolid form.

You further state, and we quote:

The incorporation of solids in ice cream is one of the factors that makes this

issue highly controversial.

We maintain that the solids, and we are speaking particularly of the

milk solids, are in soluble form and a liquid. The fat solids in the

dairy products in the mix are emulsions, and certainly they, too, are considered by chemists as being a liquid. The only time solids are not either soluble or emulsified occurs when pieces of fruits, confection, or nuts are incorporated into the formula. This will offer no diffi- culty because it occurs, as a matter of statistics, in a small percentage

of our products.

Secondly, your standards for frozen foods where solids are predominant, call for drainage and ask that the weight be based on the

original drained weight of the solids. This, obviously, we could not

do in ice cream. We further submit that the Federal Food and Drug Administration, which certainly has quasi-judicial power, states that ice cream

shall be stated in liquid measure, the customary measure called for

by consumers themselves, conceding that ice cream shall be treated

as a liquid. This appears in the present Federal regulations, Section

404.

We, therefore, submit that consistency in dealing with frozen foods

and in determining classification requires that ice cream be considered

as a liquid.

Our general opposition to the proposal to sell ice cream by weight can be reduced to four categories:

1. It does not meet the test of practicability.

2. It would unfairly restrain the ice cream industry in its competitive markets.

3. It would not best serve public interests.

4. It would be impossible of effective and impartial enforcement.

Following Mr. Rogers' statement, I should also like to say that the

members of our Association have been constantly trying to improve

the standards of the industry. We are as vitally concerned about

protecting consumers as you are. The action of our Board of Directors in adopting a resolution calling

for a double standard in the statutes should be convincing evidence

of our cooperative attitude. We suggest and will support legislation

in any State or political subdivision which would control overrun by

making it mandatory that the minimum weight of ice cream be 4.5

pounds per gallon. That should certainly offer sufficient protection to

any dealer and the consumer. As a second part of this standard,

we would work for the adoption of a statutory provision to assure proper food value in ice cream by making it mandatory to have a minimum of 1.6 pounds of food solids in each gallon. Certainly, these

statutes are capable of impartial enforcement. This is adequate

protection for the consumer.

This, gentlemen, is the official position of the International. It

is a position that has the support of most of the State Departments of

784131—18 7
78 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Agriculture. It is a position which will assure that the job you want

done will be done. We might add, also, the job we wish to have done,

for from an ethical standpoint we abhor any practice which does not

give the consumer both the quality and the quantity of our product

that we feel it deserves; this is, of course, in addition to the requirement for contents declaration by the Food and Drug Administration.

We think it is very significant that in 1927, and again in 1936, your

group, after an extensive discussion by the committee on the procedure in sales of commodities, showed by vote their disinclination to suggest that ice cream be sold by weight; that last year without specific

discussion and in an omnibus resolution, this group voted to encourage

efforts to obtain weight legislation. We submit that the arguments

and the circumstances in this discussion have not changed.

In closing, I want to tell you that the International Association,

acting as spokesman for the ice-cream industry, does much to encour- age the production of quality ice creams, promotes research, and con- ducts educational campaigns on the nutritional value of ice cream as food. We also encourage ethical practices by our members throughout

the industry. If we felt that selling by weight was feasible, that it was

a progressive measure, we would be the first, not the last, to encourage

the inauguration of such sales procedure.

The subject has been seriously considered and completely discussed

for over two decades, and the open-minded leaders of this industry

have been unable to reach the conclusion that selling by weight would

be a workable trade practice and have found the disadvantages so preponderantly overweighing whatever slight advantage might be

gained, that it could not successfully be undertaken by the members

of the industry.

Mr. Kalechman. Mr. North, is it a matter of fact that the better

grade of ice cream is lighter in weight than the poorer grades of ice

cream?

Mr. North. It is a matter of fact. Some of the ingredients in

ice cream which are most expensive and rich are light in weight. M

Mr. Kalechman. Is it not a matter of fact that most of your

manufacturers of the better ice creams are opposing this method of

selling by weight only for the reason that the poorer ice cream manufacturer can undersell them.

Mr. North. The answer to that is emphatically "No." As a matter of fact, weight has nothing to do with the quality, and I might

urge upon you to consider the fact that the Federal Food and Drug

Administration will probably next year set minimum standards of

identity, and, as a matter of fact, most of the States have them.

Mr. Kalechman. That is the reason they do not want to sell by

weight. If you compare the poorer ice cream and the French ice

cream, you will find a difference in weight.

Mr. North. Surely. But let me point out that the majority of our members are producing all types of ice cream and they are as much

opposed to selling by weight as any other group.

Mr. Kalechman. I think that you people want to sell by volume

now until the Federal Food and Drug Administration has provided

for the making of uniform ice cream. Mr. North. The Federal Food and Drug Act requires that we sell by volume at the moment.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 79

Mr. Kalechman. You just made a statement that your Association has endeavored to bave adopted a standard of identity.

Mr. North. That has nothing to do with the volume at the moment.

METER TYPE GASOLINE PUMPS

By C. P. Griffith, Vice President in Charge of Engineering, Bowser, Inc.7

I will endeavor to explain the construction of the Meter Type

Gasoline Pump and also demonstrate the functioning of some parts

of this equipment.

Let me say at the start that all present day meter type gasoline

pumps are very much alike in principle. All manufacturers have

component parts, such as meter, air eliminator, pump, motor, computer, discharge sights, etc., which when they are assembled together

serve one purpose only—and that is the correct measurement of gasoline.

Let us use this diagram in order to examine the operating principles

of a gasoline pump. If we have a clear understanding of this diagram

we can apply the same principles to all makes and easily understand

how each one operates.

We begin at the bottom of the system with a foot valve submerged

in a tank full of gasoline. Instead of a foot valve, an angle check valve

may be used at the top of the tank. It makes no difference because

this valve has no relation at all to the accurate measurement of a

gasoline pump. That may seem strange to anyone who has been

accustomed to consider a foot valve, or an angle check valve, as a part

of the measuring function.

Ever since 1932, when all gasoline pumps were required to have air

eliminators, a foot valve or an angle check valve has had no bearing

whatsoever on measurement. A modern gasoline pump must measure

accurately with or without either of these valves. In a modern pumping system these valves serve only one function—keeping the line

primed to prevent the delay that would occur if the pump had to re- prime the line each time before serving a customer.

The gasoline pumping system consists of an electric motor and a pumping unit hooked together, usually by a V-belt. As we close this

switch we energize the motor and start the pump. Positive displacement pumps are always used for this purpose. When they start

operating, they must pump liquid. It is obvious that if we close this

switch before we are ready to serve gasoline, the pumping unit will

operate but will not be able to pump any gasoline. Therefore, we

must provide relief for the pumping unit before we open the nozzle

and again when we suddenly close it. It is customary in all pumping systems to provide this relief by

using a by-pass valve at this point. A by-pass valve is a check valve

with a spring load to hold it on its seat. The pumping unit must

pump against the spring load in order to relieve itself, and if you will

follow the arrow in the diagram you will note that the relief from the

by-pass valve goes back into the suction side of the pumping unit.

When the pumping unit starts to operate against a closed system,

such as we have before the nozzle is opened, it gets its relief by forcing

7 Mr. Griffith supplemented his paper by a demonstration with a retail dispensing unit specially fitted with gages to show conditions prevailing in different parts of the system nnder different operating conditions.
80 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

the gasoline against the spring and back into the suction side of the

pumping unit. This provides a circulation of gasoline which is called

"by-pass action." The setting of the spring on this by-pass valve

determines the pressure which we will have available. Most manufacturers set their by-pass valves 4 or 5 pounds higher than the pressure

required to energize or operate the entire system. As a result it is easier, when we open the nozzle to serve a customer, for the pumping

unit to force gasoline through the system than it is to hold the spring

open. As soon as we close the nozzle, which eliminates relief at that

point for the gasoline, the pumping unit then opens the by-pass valve

and the liquid circulates in by-pass action until we shut off the motor.

The liquid pumped from the underground tank may contain air or vapor. Perhaps there is a small leak in the line which introduces air

into the suction side of the pumping unit. Any air or vapor that

may be entrapped in the liquid must be removed, so the air separating

chamber is the first place to which the pumping unit delivers the

liquid. The principle of air separation is quite simple. If we poured

liquid rapidly into this 5-gallon bucket, the liquid would foam. In

order to get the air and vapor out of it, we could let it settle for a few

seconds. The heavy, pure liquid would remain in the bottom of the

bucket while the air or vapor would rise to the surface. Gravity takes

care of that. We use the same principle in the air separator which is built into every gasoline pump. The only difference is that we do not

take a definite quantity and allow it to settle and then use it. In an

air separator, settling is a continuous process and this is the way it is done.

You will note that the discharge pipe from the pumping unit is an

ordinary piece of pipe—1-inch diameter is customary. The pipe on

the discharge side of the air separator unit is the same size and leads

into the meter. However, the area or cross-section of this air separating chamber through which the gasoline passes is very much larger

than the cross-section of either of the pipes. We will assume that the

liquid is entering this air separator chamber at a velocity of 12 gallons

per minute—the average speed of a gasoline pump. As the liquid

enters the large cross-sectional area of the air separating chamber, the

velocity is greatly reduced or retarded. When it goes out the other

end of the air separator, it picks up its original velocity. It is during

the period of retarded velocity, which we might consider as a momentary coming to rest, that we use the same principle of air separation

that we would find in this 5-gallon bucket. In other words, the airbearing liquid will always be at the top of the chamber and the heavy,

air-free liquid which we want to use will always be at the bottom. If

we were to suddenly freeze the contents of an air eliminator we would

find an infinite number of layers of liquid varying in density from pure

liquid on the bottom to pure vapor at the top. Our problem is solved

merely by discharging to the meter from the botton of the air eliminator where we are always assured of air-free liquid.

Now, what do we do with the air-bearing portion of the liquid or the vapor that accumulates? You will note that at the top of an air

separator chamber we have a small orifice through which we constantly drive off the upper layers of liquid that may contain air or vapor. In early pump practice we used to pipe this back to an underground tank where the liquid was salvaged and the air and vapor
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 81

went out through the vent. That was an expensive practice and

required the laying of a return line for every pump installation; we

decided instead to put a small tank right in the pump housing, such

as you see here. This sump, or small tank, receives a constant flow

of liquid, air, and vapor from the upper part of the separating chamber whenever the pumping unit is in operation. The liquid settles

in the sump chamber and the air and vapor go out through the vent.

When a sufficient quantity of liquid accumulates the float valve

raises and allows it to go back through this pipe into the suction side

of the pump. With this arrangement the liquid is salvaged in the

pump rather than in the underground tank.

Note particularly that this sump-chamber valve can let air into

the suction side of the pump if the valve is not seating. The vent

is open to the atmosphere and if this float valve were to remain in

an open position for any reason, it would be far easier for the pumping

unit to draw air from the atmosphere than it would be to raise liquid

from the underground tank. A good mechanic will always check

the operation of the float valve when the pumping unit fails to deliver

liquid, because air introduced at this point could be the entire cause

of difficulty.

We can assume that the gasoline leaving this air separator chamber

is free of air and vapor. Next it goes into the meter. Meters in

gasoline pumps are all of the displacement type. The movement of

each piston through a defined stroke—pushing ahead of it a definite

quantity of liquid—causes the series of displacements which are responsible for the term, "displacement meter."

I would like to have you think about the meter in a gasoline pump

in a new light. Actually a meter is a hydraulic motor which drives a clock mechanism.

The movement of the meter mechanism is caused solely by pressure

of the liquid coming into it. One revolution or cycle of the meter

represents a definite amount of liquid.

The chart shows a drive shaft coming out of the top of the meter,

which is coupled directly to the computer. The computer indicates

the amount of liquid delivered in gallons and tenths of gallons, also

its money value in dollars and cents. The computer also records,

for the use of the operator, continuous records of gallons and money.

The meter is the most important of the several component parts

of these units. The meters in use today have now been on the

market for many years; they have been modified slightly, as experience

has indicated the necessity for such modifications, so that today the

modern meter type gasoline pump has definitely proved to be far

superior to the other types of measuring pumps formerly used for

this purpose.

The gasoline leaves the meter free from air and vapor and next

goes through a combination check and pressure outlet valve, or what

some manufacturers choose to call a pressure regulating valve.

The location and construction of this part of this device is not the

same on all pumps, but we all accomplish the same purpose—in that

we have to keep this part of the system under pressure, and also

guard against excessive pressures.

The functioning • of this valve is not very clear to many people,

and I am going to take some time to explain its purpose, because it
82 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS,

is one of the most important parts of a system when it comes to keeping discharge sights full at all times, which is necessary for accurate

performance. You will note from the diagram that we have a hose

and nozzle on one end of an inverted U-tube with a sight glass at the

top of that tube. The other leg goes down this pipe. Now let's

disregard for a minute this pressure regulating valve. The lower leg

of the U-tube on the left end is submerged in the liquid in the air

separator. Thus we have an inverted U-tube completely filled with

liquid, closed on one end by the hose nozzle, and closed on the other

end by a liquid seal. This would never empty if we handled water.

In the handling of gasoline we have to take into consideration the

characteristics of the liquid and the purpose for which the system

operates. Gasoline is not a stable liquid. If we subject gasoline

to a vacuum, to a subatmospheric pressure, or to higher temperatures, we vaporize the lighter ends of the gasoline which are more

volatile and which are necessary for easy starting of an automobile.

We must remember that every time a molecule of gasoline turns into

vapor it increases in volume 14 times. Now with this in mind let's

examine again this inverted U-tube that we have in gasoline pump

construction. Gasoline is contained between the end of this nozzle

and the end of the leg that is submerged in the air separator. Let us suppose it is a warm day. At atmospheric pressure part of the gasoline would begin to vaporize and since the sight glass is at the highest

point of the system, the vapor bubbles would find their way into the

sight glass and would give the appearance of a void or leak-back.

In reality it is a collection of vapor that has been created in the

gasoline. Every molecule of vapor has to push 13 molecules of gasoline out of its way so we would have a condition like this: The vapor

couldn't push the gasoline out of the end of the hose because it is closed off by this nozzle. There is only one place it could find relief

and that would be through this left leg of the tube and back into the

sump chamber and eventually out through this vent. The first

customer who came in after that vaporizing condition occurred would

be short measured inasmuch as the vapor condition would be on the

discharge side of the meter. Gasoline pump engineers, in order to

overcome the possibility of short measurement due to vaporization,

take advantage of the fact that the same gasoline which would vaporize

at atmospheric pressure, or at a slightly higher temperature, can be

held under pressure without any vaporization occurring even with a temperature rise. They put a check valve in the system near this

point. The purpose of this valve is to trap gasoline between the

valve and the end of the hose so that it is always under pressure.

This prevents vaporization. It is obvious that if we trap gasoline

in a confined space, and the temperature rises abnormally, it would

be possible for us to build up a tremendous pressure due to the expansion of the gasoline. In fact, it would be great enough to burst the

hose or the sight glass.

In order to guard against these excessive pressures all manufacturers

provide some type of pressure relief valve, which allows for returning a very minute amount of liquid back to the air eliminator. It will be

obvious from this that we are dependent upon the correct functioning

of valves to keep discharge sights full at all times.

This diagram applies to every make of gasoline pump. As you
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 83

compare a pump with this diagram you may find that the pressure

regulating valve is on the inlet side of the meter rather than the discharge side. It may eyen be built in as a part of the air separator

chamber body. In most pumps this sump chamber is usually combined with the air separator body into one casting. These are matters

of engineering choice. If you understand the principles of this

diagram, you will understand the operation of any make of pump.

Now we shall consider a gasoline pump and tank connected for

actual operation. This' is an ordinary gasoline pump without housing

or trimmings. Several gages have been placed on this pump so you

can see what happens under varying conditions. This large gage on

the left is a vacuum gage graduated in inches of mercury. This large

vacuum gage on the right is connected in parallel with it but the readings are translated into equivalent feet of lift. Equivalent feet of lift

is important to us as pump mechanics because it provides an easy way

to determine if we are lifting gasoline higher than it is practical to lift

it. The smaller gage above the vacuum gages is a pressure gage

connected to the discharge side of the system. By that gage we can

note the by-pass pressure and the operating pressure.

I would now like to demonstrate this gasoline pump.

This is a standard piece of equipment modified slightly for this

demonstration so you can see what is taking place. It is mounted on

a combination base and storage tank. The liquid being used is a dry

cleaning solvent, having a distillation range of approximately 190° to

415° F. You will see that it is considerably more stable than gasoline

but it serves our purpose very nicely and we avoid the fire hazard that

would be present if we attempted to use gasoline.

We have added two pressure gages ; one shows inlet pressures to the

meter and the second one shows hose inlet pressures. We also have

two vacuum gages ; the one on the left reads in inches of mercury and

the one on the right has been equipped with a special dial face reading

in feet of lift. The float chamber which is normally used with this pump is a

separate cavity in the air eliminator, but for this demonstration it is incapacitated and we have constructed another float chamber having

a glass cylinder so that we may observe what takes place.

The first demonstration is a normal installation with gasoline drawn

through a normal suction line with a normal angle check valve at the

top of the suction line. A sight glass has been placed in this suction

line so you can see the movement of liquid on the suction side and

observe the degree of vaporization that takes place.

The pumping unit is now operating and you will note that the flow

is approximately 16.4 gallons per minute. By actual stop watch it is 16.4 gallons per minute. Observe the pressure gage. Before I opened this nozzle we had a by-pass pressure of 22 pounds per square

inch. That means that we had that much pressure available to run

this hydraulic motor, or meter, as you call it. As soon as I opened

the hose nozzle the pressure gage dropped back and shows that we

have an operating pressure in this system of 16 pounds per square

inch. That is necessary to overcome the resistance of the meter, to

drive the clock, to overcome the resistance of the hose, the piping,

and the valves. Note also that this pressure gage in the top of the

hose has dropped down to about 9 pounds. The difference between
84 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

these two pressure gages is what we call "pressure drop" across a

meter. In other words, we are losing 7 pounds of our pressure to

operate the system. The gasoline flowing tlirough this system is going

out at a normal rate of flow into a customer's tank.

Note particularly the reading of the vacuum gages at this point.

The vacuum gage on the left shows 2 inches of mercury. The one on

the right gives us our equivalent feet of lift and that is one that interests us most in a gasoline pump installation. It shows here, for

instance, that we have an equivalent of 3 feet of lift. That may

sound strange to one who isn't acquainted with the term "equivalent

feet of lift." We have only about lji feet of actual lift but due to

the fact that we have created friction in the line by putting in elbows

and valves, we have raised the equivalent work of this pumping unit

to that of 3-foot direct lift. In a gasoline pump installation we

always refer to "equivalent feet of lift," and when we say that gasoline

cannot be lifted over 14 feet without excessive vaporization, we are

referring to 14 feet of equivalent lift. I can give you a good rule to

follow in figuring equivalent feet of lift. With 1%-inch pipe at 12

gallons per minute, every four elbows are the equivalent of 1 foot of

lift. Every 50 feet of pipe is the equivalent of 1 foot of lift. Every

poppet in a check valve is the equivalent of 1 foot of lift. When we

add all of those equivalent feet of lift to the actual diameter of an

underground tank, plus the 3 feet of dirt under which it is buried,

plus the height of driveway to the pumping unit, we have the actual

equivalent feet to which we are subjecting that gasoline as we pump it. Large underground tanks are 7 or 8 feet in diameter. Add 3 feet for

the dirt above the tank, 2 feet for the height of the pumping unit

above the ground level, and we have practically the limit to which

gasoline can be pumped before using any elbows or valves. The

remedy when we have a large tank is to use larger pipe. Two-inch

pipe, for instance, has negligible friction in its elbows or in the length

of pipe at 12 gallons per minute.

With this normal installation in mind at approximately 16 gallons

per minute, we shall next consider an underground condition that is

very prevalent in certain sections of the country. A number of

years ago, before we had air separators, the measurement of a gasoline

pump was dependent entirely upon the satisfactory operation of a check valve or foot valve. It was found, however, that the vibration

of trucks and other traffic often allowed gasoline to leak past the

valve. To counteract this, some valve manufacturers made what is known as a "spring-loaded check valve." ( The spring load on a check valve was designed to prevent leakage caused by vibration.

Unfortunately many of those valves were heavily loaded with a string.

There are several hundred thousand of them in underground tanks

today. An oil company mechanic, who is installing a gasoline pump

for a new account, very seldom inquires about the condition of the

foot valve or check valve in the underground tank. He merely

hooks up the above-ground part, which is the gasoline pump, and

goes merrily on his way.

Let us see what happens to a gasoline pump when we put it on that

kind of installation. I'll throw this same pump over to this other

suction line, which is identical in every respect, except that the valve

poppet is held down by a spring. Now look at the pressure gage and
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 85

the vacuum gage. With the spring loaded valve in the line, the vacu- um has increased considerably, the equivalent of 12 extra feet of lift. Our capacity has dropped about 2 gallons per minute and operating

pressures are down from what they were before.

This is about a maximum suction lift that is practical to handle and

more lift than we like to handle. If we had this much suction lift and were handling gasoline, the loss in capacity would be considerably

more than we have with this liquid.

If you will observe the sight glass in the suction line you will see that with this restricted suction we are pulling this liquid apart.

The bubbles you see are gas bubbles; no air whatever is being introduced into the system. When you see a condition like this in the

suction line you naturally question the accuracy of delivery.

We will now measure 5 gallons. The results are very satisfactory.

This accuracy is possible because of the air eliminator.

We will next demonstrate that the indicated delivery is accurate

with these devices when the source of supply is exhausted, a condition

that rather frequently occurs. We will also demonstrate that after

replenishing the source oi supply the first delivery is accurate without

any kind of priming operation.

This accuracy is possible only because of the efficient operation of

the air eliminator.

This demonstration shows the most important service rendered by

the air eliminator.

With the pump running along normally, we will now introduce air

into the pump suction line. Pressures immediately drop and the

meter comes to a stop, and it will be noted that we have a continuous

discharge of air out through the air eliminator vent.

I have heard weights and measures inspectors talk about finding

these air eliminator vents plugged. I don't know why anyone would

do this. It may be that the pump has some defective parts in the

float chamber and instead of servicing the unit as they should they

simply plug the vent. In any event, it completely destroys the

effectiveness of the air eliminator. I will now plug this vent by

simply holding my thumb over it. It will be observed that the meter

runs, measuring and indicating the delivery of air instead of gasoline.

This demonstrates that we have no air eliminator if the vent is plugged, and such pumps must be serviced for accurate operation.

There is one further demonstration that I would like to make.

We have already said something about the functioning of an air

eliminator in the event we have a leak in the suction line. If such a

leak was as large as }s-inch diameter we would introduce enough air

to stop the pump entirely. I will now install a pipe cap with a K6-inch diameter hole drilled

through it, open the valve and draw air into the unit through this

K6-inch hole. After circulating 20 or 25 gallons we then draw a 5-

gallon quantity into a test measure and find that we are accurate

within 2 cubic inches, which is very satisfactory operation.

We have now used up all the time allotted for this demonstration.

I think we have shown that the modern meter type gasoline pump

gives a very creditable performance, even when installed under

unfavorable operating conditions.
86 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

THE DISTRIBUTION OF LIQUEFIED PETROLEUM GASES

By L. L. Kennedy, Superintendent of Construction and Maintenance, Standard

Oil Company of Neio Jersey

I am going to preface my remarks by saying that this business we

are going to talk about can be a much greater headache to you people

than these frozen fishes I heard about all day yesterday, or this ice

cream that you have just been talking about. After what I say now,

you may wish to reconsider your recommendations. One was approved

yesterday, I believe, and I am afraid that it is going to become a very

controversial issue if you allow it to stand as it is. However, you

can draw your own conclusions from what I have to say, and govern

yourselves accordingly.

This paper will be presented in three sections. First, we will explain

briefly just what L.P.G. is. Secondly, we will show the growth in

the use of L.P.G. Thirdly, we will present the methods of handling

and the equipments used in distribution—with which you people as Sealers will probably become completely familiar as time goes on. Before going into details it must be admitted that practically all of the material to be presented has been lifted verbatim from reports

and publications which are available to each of you, and it might be

well right here to give credit. First, to the "Handbook Propane

Butane Gas" which is in print and is really the Bible of the industry;

"Butane-Propane News," a magazine for the industry; then, the house

organ "Flow Line" which carried an excellent paper by your Mr.

C. M. Fuller, Sealer in Los Angeles. Incidentally, we have some

interesting pamphlets entitled "Liquified Petroleum Gas—Its Properties and Characteristics"—not enough for all, so please don't

swamp me.

This product, if it is not properly handled, is dynamite. It is not

like anything else that you have run into. It is a dangerous, hazardous

product, and you must handle it with care and give it a lot of respect.

Now to business —what is L. P. G.? The initials L. P. G., which are used generally in industry as you know, stand for Liquefied Petroleum

Gas. Various combinations of hydrocarbons go to make up the several

commercial types, such as butane, propane, isobutane, and butanepropane mixtures. These products are secured from actively producing oil and gas wells, and recently this main source of supply is being supplemented through the use of modern refinery processes.

In its liquid state, L. P. G. is similar to gasoline in that it can be

handled and transported, stored and measured in exactly the same

manner, with one big exception—L. P. G. must be handled under

pressure. Whether L. P. G. is in the liquid or vapor phase depends

on three things: Pressure, temperature, and volume. It is not thought

necessary to dwell too long here on the physical or chemical characteristics of L. P. G. If any of you good people are interested in any

particular problem of handling L. P. G., Mr. Smith will be happy to

arrange a session for us say some afternoon or night. Suffice it to

say that L. P. G. is a comparatively new source of energy, heat, and

power, and will take some study to properly recognize it and properly

control it from all angles.

We in the industry consider that L. P. G. is as new as cooking oil once was. We are worried over the fact that possibly this business,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 87

like the heating oil business, is going to become a tremendous industry.

The industry must grow because it is a highly lucrative business ; sad

to relate, lots of people have seen the possibility of making some fast

money and have gone into the business of handling L. P. G.

[Secretary's Note.—Begirining at this point in his paper Mr. Kennedy dis- played a number of lantern slides. Unfortunately copies of these slides are not

available for reproduction herein.)

In this, the second part of the paper, we will show the growth of

the L. P. G. industry. From the slide you can easily visualize the

tremendous and rapid growth of the use of this product, which is

utilized for so many varied purposes, such as: Cooking, heating water,

refrigeration, food processing, metal treating, fuel for internal combustion engines of all types, stationary and mobile. It is also used

as "make up" for manufactured gas, and its use in the chemical field

is now being greatly extended. This business will continue to grow

as these new uses and applications entering the field will call for still more production, better distribution and handling, and simple but

complete methods of control.

This brings us to the third and last section, that is, methods of

handling and equipment used. We will take it for granted that our

product has been "manufactured" and is now in storage in a pressure

container, normally a tank of anywhere from 5 to 10 thousand gallons

on up. Regularly constituted methods of transportation consist of

pipe line, tank car, tank truck, in cylinders of various sizes, and lately

via specially constructed barges and tankers. All of these units, re- member, are so constructed as to withstand the piessure created by

the presence of L. P. G. in liquid form. As all of this equipment is "special" we have a few slides which will permit you to see some ol it. This view shows a simple bulk storage installation. This shows a

special high-pressure tank car; note the different type dome in which

are the special features required for handling L. P. G. Here are some

different types of tank trucks used for bulk handling. We cannot

show you pictures of barges and tankers as these types are actually

not in general use yel ; in fact, the first and only tanker capable of

L. P. G. transportation has recently been converted. This slide shows

several different types of cylinders used in the trade, but by far the

100-pound cylinder is in widest use. Next is the 100-pound cylinder in

which you will be particularly interested, as we believe you will have

more to do with these cylinders than with other sizes. This view

shows a typical method of filling these cylinders ; all of this is done in

the liquid phase, similar to gasoline. Here is a normal two-cylinder

installation and here a single cylinder installation; a hood covers the

controls on both types of installations normally to protect the control

mechanisms from the weather. Most of this type installation is outside of any building or structure and so is exposed to the elements.

In the east we do not have any amount of L. P. G. sold for over- the-road automotive use. On the west coast, however, there is a growing demand. In the last slide we reproduce an illustration from

a paper by Mr. Fuller showing how he is coping with this particular

phase of handling L. P. G.

As mentioned before, there are a lot of angles to the selling of

L. P. G. which are of a highly technical nature and we can discuss

them if you care to at a special get-together with those interested.
88 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

LARGE-CAPACITY METER INSTALLATIONS

By Harry G. Smith, Sales Manager, Smith Meter Co.

It is my privilege to discuss a subject that would have received

attention before now had your Conference been meeting during the

war years. Over the past 5 to 7 years the petroleum industry has

experienced a trend toward larger capacity facilities at truck loading

terminals. Many factors have contributed to this development, larger

vehicle tanks, the elimination of small plants and their combination

with larger central terminals, and the construction of product pipe

lines with large capacity distribution terminals as integrated units.

Truck loading speeds of 400 gallons per minute are not uncommon and

many installations are being planned for even greater loading speeds.

This presents a problem to the weights and measures man who may

be called on to calibrate these large-capacity units. Very few departments are equipped with calibration equipment of sufficient size to

properly handle these tests. It is this problem of meter calibration

that I would like to discuss today.

The subject of meter testing has received official attention from

both the American Petroleum Institute and the American Society of

Mechanical Engineers. A joint committee of these two organizations,

after 4 years of study, has published a code on the installation, proving,

and operation of positive displacement meters. This code is wide in

scope and covers many meter uses not of interest to weights and

measures authorities. It does, however, contain one specification

arrived at after much discussion, that is of particular interest to this

group. Paragraph 2018 states that the volume of the prover tank be

not less than the volume delivered in 1 minute through the meter, and

further recommends that a capacity be provided equal to one and onehalf to two times the rated capacity of the meter being proved. Thus,

a 400-gallons-per-minute meter should be tested in a prover tank

having a minimum size of 400 gallons. It is extremely difficult to

prove a large-capacity meter in a tank of inadequate size.

I have illustrated slides with which I will trace this development

and will show some of the equipment now being used at the larger

terminals.

Figure 5 illustrates a truck-loading installation that is typical of

hundreds of plants with which you are all familiar. An installation

of this type presents few problems in meter calibration in that the

average maximum delivery speeds would approximate 150 gallons

per minute. Plants of this capacity will continue to be used where

they meet economic needs.

Figure 6 illustrates a 100-gallon portable tank, typical of the prover

tanks used by both meter companies and weights and measures men.

It is entirely adequate for meter equipment illustrated in figure 5

but is too small for the larger plants now being built.

Figure 7 well illustrates the trend in modern plant construction.

Large-capacity meters are mounted under the working floor. Printingtype counters and set-stop counters for automatic loading are extended

above the floor. With equipment of this type, a predetermined quantity of liquid is delivered to the truck and two or more products may

be loaded simultaneously.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 89

We show in figure 8 how these meters are calibrated. The prover

tank shown here is owned by the terminal operator. Semiportable,

it can be moved to any truck loading position and a test delivery made

that duplicates in every way the actual delivery to the truck tank.

The capacity of the tank is 500 gallons, the meters operate at less

than 350 gallons per minute, and accurate testing is possible.

Figure 9 shows another terminal test procedure. Here deliveries are made to trucks at rates of 400 gallons per minute. A 400-gallon

prover tank is shown receiving a test delivery in the same manner

as the delivery would be made to a truck tank.

At the modern terminal shown in figure 10 the owner has installed a 500-gallon permanent prover tank that is available for test runs at

any time. The flow of any meter can be diverted to the prover tank

and an immediate test made to prove the accuracy of the meter.

A permanent prover has an advantage in the event the accuracy of a

delivery is questioned, for immediate test runs can be made to prove

the accuracy of the meter.

Figure 1 1 shows a permanently installed closed-type prover at a

pipe-line terminal which is used for calibration of the meters on the

loading rack in the background. Interconnecting piping will divert

the flow of any meter to the proving tank. You will note that here

again ample capacity has been provided in the prover tank. Of further

interest, here are the two meters shown in the foreground. Since the

State gasoline tax to be paid by this terminal is determined by the

total readings of each loading-rack meter, it is necessary that the

volume of fluid used in testing be deducted. The two meters in the

foreground record the discharge from the prover tank, one meter

registering the taxable product discharged, and the other the nontaxable products such as fuel and diesel oils. The reading of the discharge meter on taxable products is deducted from the reading of the

delivery meters in computing the tax. I have been asked to comment on a new development of the meter

manufacturers that permits the placing of the ticket printing device in

the office at a remote point from the meter installation. (See fig. 12.)

This system is finding wide acceptance, as it limits the duties of the

truck loader and places all accounting functions in the office. Weights

and measures officials have inquired as to the accuracy of these

devices. Examinations of the various systems offered indicates that

under no circumstances can a buyer be charged with more product

than he receives. Any attempt to interfere with the system operation

will in most cases result in no registration whatever.

Several weights and measures departments such as Massachusetts,

Connecticut, and Los Angeles have constructed large test units that

are adequate for testing meters of any size now in service. I do not

have pictures of these units to show you, but I believe photographs

have appeared in weights and measures publications. I would

caution that in the absence of test equipment of adequate size, tests

should not be made in small equipment unsuited to this work. The

rule that the test draft must equal one minute's operation of the

meter at normal speed is worth following. Instances are known

where carefully calibrated truck compartments are used as prover

tanks. This expedient, while more desirable than the use of prover
90 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 91
92 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Figuee 10. Permanently installed 500-gallon prover tank.

The flow from any meter can be diverted to the prover tank for an immediate test on the accuracy of the meter.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 93

Figure 11. Permanently installed closed-type prover tank at a pipe-line terminal.

Interconnecting piping will divert the flow from any meter on the loading rack (shown in the background)

to the prover tank.

tanks of inadequate size, does present some hazards. The compartment should be as large as possible to minimize the possible error in

reading the liquid level at the compartment marker. Tests have

been made by first making a delivery to the truck compartment, and

then making a series of withdrawals to small calibrated containers.

I have emphasized this problem of the size of test equipment

because it is the outstanding hazard in testing large-capacity meters.

In general these installations will be found well engineered. The

design of many installations is such that air entrainment is minimized to the point where air elimination equipment is not provided.

This attention to engineering design simplifies the problems of the

weights and measures man and makes the actual proving of the meter

a routine test for quantity delivery.

I wish to thank the officers of this Conference for the opportunity to

784131—48 8
94 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Figure 12. Diagrammatic sketch of remote-indicating meter installation.

discuss this problem and to request your cooperation in the adequate

testing of these units. You will find the meter manufacturers ready

and willing to extend their assistance in any manner that will be of

help to you.

The Chairman. This evening at 9:00 o'clock an informal party

will be.held in the Hall of Nations of the Hotel Washington, to which

all delegates and guests and their ladies are cordially invited. There

will be refreshments and dancing until 12.00-midnight.

The photographer advises that he can take a much better picture

out of doors than he can in this room. It is proposed that the group

cross the street to the steps of the Treasury Building where a good

picture can be obtained.

(At this point, at 1:45 p. m., the Conference adjourned, to meet at 10 a. m., Wednesday, September 24, 1947.)
I

FOURTH SESSION—MORNING OF WEDNESDAY, SEPTEMBER 24, 1947

(The Conference reassembled at 10:15 a. m., J. A. Boyle, Vice President of the

Conference, presiding.)

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON

SPECIFICATIONS AND TOLERANCES, PRESENTED BY JOHN P. McBRIDE, CHAIRMAN, AND DISCUSSION THEREON

Mr. McBride. You should have two papers, the tentative report

and. the final report of the Committee. The final report does not

eliminate the tentative report, the final report being supplementary to

the tentative report. [Reading:]

The Committee desires to report to the National Conference on Weights and

Measures its consideration of and its conclusions with respect to, certain matters

as follows:

1. Tolerances for Liquid- Measuring Devices.—The propriety of reducing the

maintenance tolerances for retail devices to a straight 1 cubic inch per indicated

gallon of delivery, and the acceptance tolerances to a straight cubic inch per

indicated gallon of delivery, was investigated. While it appeared practicable to make such a reduction on meter devices of modern design, the Committee is mindful of the large number of devices of older types which are still in service, and

believes that the smaller tolerances could not be met on such devices. The Committee does not consider it appropriate to set up a tolerance distinction in the

National Conference code between meter units and units of other design. Upon

the assumption that devices of the older types should not be eliminated so long

as they continue to perform within present tolerances, the Committee concludes,

therefore, that no change should be recommended at this time in the tolerances

for retail liquid-measuring devices.

The propriety of a 50 percent reduction in the tolerances for wholesale liquidmeasuring devices has been considered. The cooperation of an industry committee was solicited in gathering data on this subject; the report of this industry

committee is not yet available but receipt of this report is anticpated in time for the Committee to reach conclusions at its sessions immediately preceding the 33rd

National Conference.

Since the issuance of our tentative report we have sat in with the

industry Committee. You will recall that we have been pointing

toward a closer tolerance for wholesale devices. There are several

States which do operate under a more restrictive tolerance for wholesale devices than the code now provides, and it is our aim to have

uniformity.

Yesterday you heard Mr. H. G. Smith describe some of the conditions that have been found and you also heard from Mr. Archie

Smith about a situation involving inadequacy of testing equipment

for wholesale devices. I think that probably we should make an

honest confession to ourselves and say that we are not adequately

equipped to effect tests to determine accuracy of performance according to the requirements we have already set up.

The Committee therefore concludes in relation to the proposed 50

percent reduction in the tolerance for wholesale devices that the

U5
96 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

present tolerance should stand until such time as we are able to bring

ourselves into a better position with respect to adequacy of testing

equipment. [Reading:]

2. Set-Back Interlock on Liquid-Measuring Devices.—The Committee finds that

although licenses are freely granted to manufacture under the basic patents contolling the interlock, these patents are still valid and are held as a monopoly.

Conforming to the established policy of the National Conference to make no mandatory requirements which can be met only by the use of a device controlled

by patents monopolistically held, the Committee concludes that it would be

improper at this time to add a specification requirement for the set-back interlock.

3. Uncompensated Spring Scales.—Further study has been given to the matter

of tolerances for uncompensated spring scales and to the prohibition of the use

of uncompensated spring scales in the sale of foodstuffs ; on both of these subjects

the Committee made recommendations in 1946, but the 32nd National Conference

deferred action. The Committee has now received assurance that that segment

of the scale industry which manufactures uncompensated spring scales is actively

working to develop a product of improved quality and performance, and that

results in the form of samples of production models, or of scales actually in production, will be achieved by the end of September, 1947. If this expectation is realized, the Committee feels that it will be only fair to allow a reasonable opportunity for trials of the new designs under actual service conditions, and accordingly concludes that action by the Conference on the 1946 recommendations

cited above be deferred to the time of the 34th Conference.

The Committee has now sat in with that segment of the scale industry that makes the uncompensated spring scales, and they have

shown us some concrete evidence of their desire to improve conditions

in this type of scale. This is another phase on which we have been

seeking to make improvement for some time. The evidence that the

uncompensated spring scale manufacturers have shown to us is a two-revolution, 10-pound dial, and this is to be the common scale

manufactured by the industry catering to the so-called "huckster"

trade. Briefly, this 10-pound dial offers wider spacing between

graduations, and the value of that is that errors can be more readily

disclosed, and the manufacturer can more easily check his product

and cull out some of the bad product that has been getting by the

factory inspector and reaching the field. Also, the spring used in

that scale will give better performance by reason of the lesser load

applied when the capacity of the scale is limited to 20 pounds.

The Committee feels, therefore, that the industry has showed us what they promised to show us, and that they are ready to go into

production on these new designs. There are still in stock with some

of the manufacturers a small number of the older 20-pound dials.

We have made no recommendation as to whether these should be used

up or whether they should be disposed of. In one instance, a manufacturer has cleared the decks and he is standardizing on a 10-pound

dial; he will have no other scale for the huckster trade except the

two-revolution, 10-pound dial. I rather think the other members of

the industry will go along with that.

In order that we may move along as quickly as possible, but in no

sense with the idea of trying to force action, it will be the practice

for me to move that the Committee report be accepted. That does

not mean that we are trying to force anything on you, but it is just so that business will proceed as rapidly as possible.

With respect to the three recommendations which I have presented,

I move on behalf of the Committee that the Conference accept these

reports as offered.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 97

(The three Committee recommendations were duly adopted.)

Mr. McBride (reading):

The Committee recommends to the National Conference the adoption of the

additions and amendments to the specifications, tolerances, and regulations for commercial weighing and measuring devices which are set forth below.

(Signed) J. P. McBride, Chairman,

G. F. Austin, Jr., C. M. Fuller,

J. G. Rogers

R.-W. Smith

Committee on Specifications and Tolerances

As the Committee recommendations are read, explanatory comments will be interpolated from time to time. [Reading:]

SECTION ON SINGLE-SERVICE MEASURE-CONTAINERS

In Specification 1, following the words "% pint", add the following:

(1 gill, 4 fluid ounces)

to make the specification read as follows:

1. CAPACITY.—Measure-containers shall not be subdivided and shall be

of one of the following capacities only: 1 gallon, % gallon, 1 quart, 1 pint, }i pint,

and % pint (1 gill, 4 fluid ounces), standard liquid measure. The single-service measure-container is a device which has only

recently come under specifications and tolerances. For some time it has been customary in the use of this small-sized container to declare

its capacity sometimes in terms of the pint, sometimes in terms of

the gill, and sometimes in terms of fluid ounces. To save the industry the burden of changing over certain of their marking equipment,

we recommend that it be permitted to express the capacity of that

small container either as" % pint," as "one gill," or as "4 fluid ounces."

Mr. Baucom. Does that fit in with the standards adopted by the

Congress where the usual marking is u

){ pint"? Technically, of

course, it is all the same, but we do want to be consistent. We do

not want to adopt something that might be construed as conflicting

with the Federal standards.

Mr. McBride. It is not consistent with our set-up for liquid capacity measures. But for this special purpose, and particularly in view of

the fact that this type of container has very recently come under our

regulations and that manufacturers have been going along with us

.and now have a set-up under which the capacities are sometimes indicated in terms of fluid ounces and sometimes in terms of the gill, it

seems fair to let them work that out and not immediately require

that they come to one designation, "% pint."

Mr. J. T. Kennedy. I think we made a mistake last year by

putting pint" in there; that is not breaking down in accordance

with the standard measurement of the United States. The "gill" is the standard unit. I think we should specify "gill." Then if you

are going to allow u

){ pint" and "4 fluid ounces," these should be the ones to be shown after the standard term.

(The amendment to Specification 1, as proposed by the Committee, was duly

adopted.)
98 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

SECTION ON LIQUID-MEASURING DEVICES

Mr. McBride (reading):

Amend the third paragraph of Specification 6 by deleting the words,

not exceeding 2)4 inches in size, the value of the minimum rate shall not exceed 20

gallons per minute. On meters larger than 2Yi inches in size the value of the minimum

rate should be governed by the character of use of the meter. and substituting therefor the words,

the value of the minimum rate shall not exceed 20 percent of the manufacturer's marked

maximum discharge rate.

so that beginning with the second proviso of the paragraph, this will read,

And provided further. That in the case of retail devices the value of the minimum rate shall not exceed 7 gallons per minute, and in the case of wholesale devices the value of

the minimum rate shall not exceed 20 percent of the manufacturer's marked maximum

discharge rate. We have had the minimum of 20 gallons per minute on meters not

exceeding 2}{ inches in size, but we have never set up any specific figure

for meters larger than 2% inches in size. We have had that matter

under study for some time and we have reached the conclusion

expressed in the Committee recommendation.

(The amendment to Specification 6, as proposed by the Committee, was duly

adopted.)

Mr. McBride. In the Tentative Report of the Committee it was

proposed that there be adopted a new Specification, to be numbered

24, reading as follows:

24. DISCHARGE HOSE.—The discharge hose of any liquid-measuring device

shall be in one continuous length, that is, two or more lengths of hose shall not be

coupled together to form the discharge line.

It now develops that this would be an unwise procedure, because some

units are now properly designed with a coupling in the hose line

adjacent to the housing and with a considerable length of hose within

the housing. Under the proposed Specification, when it becomes

necessary to replace a worn length of hose, it would be necessary to

replace the entire hose line, including the unworn portion within the

housing, a procedure which certainly is not economical. On behalf

of the Committee, therefore, I wish to withdraw the proposal for the

adoption of this new Specification.

(The recommendation of the Committee was agreed to, and the new Specification was not adopted.)

Mr. McBride (reading)

Amend the "Note" following Specification 53 to read as follows:

Note.—It is recommended that the capacity of the standard measure used for the testing of a wholesale meter be equal to at least the amount delivered in one minute by the meter at its maximum rate of delivery.

The old "Note" read as follows:

Note.—In general, it is recommended that in the case of wholesale devices

having high discharge rates the size of the regular testing draft should be increased

to 100 or even several hundred gallons. The greater the discharge rate the more

desirable it is to increase the size of the testing drafts. We now recommend something more specific than that. It might

be more desirable for the capacity of the test measure to be equal to one

I
i

THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 99

and one-half or two times the one-minute delivery of a meter, but

what the Committee is recommending is believed to be the minimum

which should be realized and is a step in the right direction.

(The amendment to the "Note" following Specification 53, as proposed by the

Committee, was duly adopted.)

Mr. McBride (reading)

Add a new Regulation to be numbered 8 and to read as follows:

8. LENGTH OF DISCHARGE HOSE.—The length of the discharge hose on any retail liquid-measuring device shall not exceed 15 feet, measured from the

outside of the housing to the inlet end of the discharge nozzle, unless it can be

demonstrated that a hose of greater length is essential to permit deliveries to be

made to receiving vehicles or vessels. Unnecessarily remote location of a liquidmeasuring device shall not be accepted as justification for an abnormally long

discharge hose.

The reason for that regulation is that in some instances it has been

shown that unnecessarily long hoses have been employed on retail

gasoline liquid measuring devices. With an unusually long hose,

difficulty is created in the purchaser's possible inability to read the

indicating element of the dispensing device. We also well recognize

that there are installations where a length of hose longer than 15 feet

may be necessary, as is frequently the case on rivers and lakes and

coastal places, many vessels being served gasoline from a wharf or

pier; in such a case, we do not recommend this limitation. There

may be other cases where it would not be practical to have a hose

only 15 feet long, so we have put in the language which would allow

departure from the 15-foot limitation, relying on the judgment of the

official as to the expediency of permitting a departure from the 15-

foot requirement.

The Committee recognizes that this is not the strongest type of

regulation, but in view of the varying field conditions it is the best

language that we can bring out on the subject. We do definitely say

in the closing sentence that "unnecessarily remote location of a liquid

measuring device shall not be accepted as justification for an abnormally long discharge hose." We mean by that that the operator shall

not create a condition of impossibility. It must be a condition of

impossibility that arises by the purchaser's inability to present to the

inspector a device that conforms to the basic 15-foot requirement.

(New Regulation 8, as proposed by the Committee, was duly adopted.)

SECTION ON VEHICLE TANKS

Mr. McBride (reading)

Add at the end of Specification 17, "Constancy of Delivery", a proviso, as follows

Provided, however, That the minimum operating rate for testing purposes on

meters larger than 2 inches in size shall not be less than 20 percent of the manufacturer's maximum discharge rate as marked on the meter.

We now have a 20-gallon-per-minute minimum for meters on vehicle

tanks, but experience has shown that for meters larger than 2 inches in

size the better way to set a minimum rate is to do it percentage-wise.

(The new proviso at the end of Specification 17, as proposed by the Committee, was duly adopted.)
100 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

SECTION ON SCALES

Mr. McBride (reading):

Amend General Definition A-2s(2) by adding at the beginning of the defini- tion the words, "For purposes of the application of the requirements for SR,

tolerances, and minimum graduations," to make the definition read as follows:

A-2s(2). LIVESTOCK SCALE.—For purposes of the application of the re- quirements for SR, tolerances, and minimum graduations, a livestock scale is a

scale having a capacity of 6,000 pounds or more and used primarily for the

weighing of livestock on the hoof.

The reason for the suggested change in the definition is that apparently the previous language led to confusion, and some of the

officials thought that it was a restrictive definition. By the addition

of the proposed language we make it clear that the purpose of this

definition is to apply to the livestock scale of 6,000 pounds or more

certain requirements for SR, tolerances, and minimum graduations

already set up elsewhere in the code.

(The amendment to General Definition A-2s(2), as proposed by the Committee, was duly adopted.)

Mr. McBride (reading):

Adopt finally, to become effective January 1, 1949, the amendment tentatively

adopted by the 32nd National Conference to Specification B-2b(2), to make the

specification read as follows:

B-2b(2). LEVEL-INDICATING DEVICE.

Any scale which is portable and

which is designed for use upon a counter or table, and any person-weigher, whose

weight indications are changed by an amount greater than one-half the tolerance al- lowed, when set in any position on a surface making an angle of 5 percent or approximately 3 degrees with the horizontal, shall be equipped with a device which will indicate when the scale is level, and in no case shall any pendulum operating the scale be considered a leveling device; the indications of the level-indicating device shall

be readily observable without the necessity of disassembly of any scale parts requiring

the use of a tool or device outside of and separate from the scale. The scale shall be rebalanced at zero each time its position is altered during the test contemplated by this paragraph.

Note.—The requirement relative to visibility of the level-indicating device shall become effective on January 1, 1949.

This matter was studied at the last Conference and tentatively

adopted; we now propose final adoption. The "Note" is new, and

provides for the customary period for adjustment by the manufacturers

to the new requirement.

(The amendment of Specification B-2b (2) , as proposed by the Committee, was

duly adopted.)

Mr. McBride. You will recall that in 1946 there was adopted an

amendment to Specification B-2d, to be effective January 1, 1948,

making the Specification read as follows:

B-2d. DEVICE FOR ADJUSTING BALANCE OR LEVEL.

All mechanical devices for adjusting the balance condition or the level of scales ercept cream-test

scales and prescription scales, shall be of such construction that they are operable or

accessible only by the use of some tool or device which is outside of and entirely separate from the device in question, such as a screw driver, wrench, etc., but not an

adjusting pin.

Previously the Specification applied only to small-capacity scales;

the 1946 amendment brought in large-capacity scales. The Tentative

Report of the Committee this year made the following proposal:
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 101

Delete the amendment to Specification B-2d which was adopted by the 32nd

National Conference to be effective January 1, 1948; restore the original retro- active language of Specification B-2d; and add at the end of the restored language a new nonretroactive requirement, to be effective January 1, 1949, to make the

specification read as follows:

B-2d. DEVICE FOR ADJUSTING BALANCE OR LEVEL.—All mechanical devices for adjusting the balance condition or the level of person weighers

and of small-capacity scales except cream-test scales and prescription scales, shall be of such construction that they are operable or accessible only by the use of some tool or device which is outside of and entirely separate from the device in question, such as a screw driver, wrench, etc., but not an adjusting pin. The

balance ball or equivalent device of a vehicle scale or of a scale used for weighing

livestock on the hoof shall not be rotatable and shall be actuated by a self-contained,

manually-operable screw unless the balancing device is motor controlled or is other- wise automatic in operation or is enclosed in a cabinet. Note.—The final sentence of this specification shall become effective on January

1, 1949.

The advance distribution of the Tentative Report resulted in considerable discussion on the foregoing proposal and further investigations were made by the Committee. As a result we now recommend as follows: [Reading:]

With respect to the Tentative Report of the Committee, amend the final sentence of the proposed specification B-2d, under the heading "Scales", to read

as follows:

The balance ball or equivalent device of a large-capacity scale shall not be rotatable and shall be actuated by a self-contained, screw unless the balancing device is motor

controlled or is otherwise automatic in operation or is enclosed in a cabinet. Delete the "Note" following the proposed specification.

The purpose in mind when the amendment was made last year was

to overcome the facility for fraud that is sometimes present with the

balance ball that rotates on a fixed screw. The change now proposed

says in effect that a large-capacity scale balance ball or equivalent

device shall not be rotatable and shall be actuated by a self-contained

screw, thus permitting the operation of the balance ball by a screw

driver or other device outside of the scale—which is the requirement

we have for small-capacity scales—and permitting also the advancement or retarding of the balance ball by a purely manual operation.

Exceptions are made from the requirement in the case of a motorcontrolled balancing device or a device which is automatic in operation

or which is enclosed in a cabinet. The reason for those exceptions is that in those several instances, the balance ball is not readily at hand.

If the final recommendation of the Committee is adopted the

"Note" in the Tentative Report should be deleted.

(The amendment to Specification B-2d, as proposed by the Committee, was

duly adopted.) 8 Mr. McBride (reading):

Add at the end of specification B-2t (1), the following:

Adequate provision shall be made for access to the pit of a vehicle, or livestock scale, for purposes of inspection and maintenance.

8 The amended form of this Specification is as follows: B-2d. DEVICE FOR ADJUSTING BALANCE OR LEVEL.—All mechanical devices for adjusting

the balance condition or the level of person weighers and of small-capacity scales except cream-test scales and prescription scales, shall be of such construction that they are operable or accessible only by the use of some tool or device which is outside of and entirely separate from the device in question, such as a screw

driver, wrench, etc., but not an adjusting pin. The balance ball or equivalent device of a large-capacity scale

shall not be rotatable and shall be actuated by a self-contained screw unless the balancing device is motor controlled

or is otherwise automatic in operation or is enclosed in a cabinet.
102 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

The reason for that requirement is that it has been shown that in

some instances on large-capacity scales, particularly where the deck

is not wood but is concrete or some other continuous substance, no

facility is provided for the inspector to get into the scale pit. Therefore, the Committee recommends that we require that such provision

be made.

(The amendment to Specification B-2t (1), as proposed by the Committee, was duly adopted.)

Mr. McBride (reading):

Amend Specification C-2b by changing the word "riveted" to "affixed", and

adding at the end a new proviso, to make the specification read as follows:

C-2b. READING FACE.—The reading face of a straight-face spring scale

shall be firmly affixed to the frame at not less than three points: Provided,

however, That this requirement shall not be construed to prohibit a scale properly

equipped with a well designed balancing means dependent for its operation upon

limited, mechanically-controlled movement of the reading face with respect to the frame.

There are adequate means other than riveting for firmly affixing, so we recommend the first change. The reason for the proviso is that

on straight-face spring scales provision of proper balancing means has

always presented a problem.

We require that there be means for zero-load-balance adjustment on

every scale. There is a means for such adjustment of straight-face

spring scales which can be construed to be well designed but which

operates by mechanically-controlled movement of the reading face;

we feel that it should not be eliminated.

Mr. Baucom. Mr. Chairman, I would like to know whether the

purpose of this proviso—and it may be a good one; I am not questioning that—is to permit adjustment by moving the dial up and down,

in lieu of making a spring-support adjustment as we previously have

required. We might be fixing it so that somebody could move that

with a screw driver after we put the seal on it, and therefore aid in the

perpetration of fraud.

Mr. McBride. On the ordinary straight-face spring scale there is no satisfactory means of adjustment. There has been developed a method of adjustment which does necessitate a limited movement of

the face relative to the frame. That seems to be the only practicable

way of doing it, because we require that the indicator on a straightface spring scale shall be firmly attached to the spring.

Mr. Baucom. Would you want to seal those screws in place? If

we have slots in the reading face of a straight-face scale to permit

adjustments for zero balance, would it be desirable or advisable or necessary to seal those screws so that they can not be loosened up after

the inspector has put his seal of approval on the scale? I think the

idea is a good one and many times these spring scales could be con- tinued in service if we could just get them on a zero starting point.

But I also want to be in a position where we can control it ; otherwise

we might have to prosecute some unscrupulous man who attempts to use it for fraudulent purposes.

Mr. McBride. The proposal would permit only "limited" movement of the reading face, and this only when it is mechanically controlled. The situation would be similar to that on all other types of

scales. If you seal the adjusting means, then you defeat adjustment.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 103

As I said before, in specification B-2c, we make a general requirement

that there be means for zero-load adjustment on all scales; what we

propose is a practicable method for meeting this requirement in the

case of straight-face spring scales.

(The amendment to Specification C-2b, as proposed by the Committee, was

duly adopted.)

Mr. McBride (reading):

Delete from Regulation K-lb the words "and livestock" in the title and the

words "or a livestock scale" in the text, to make the regulation read as follows:

K-lb. MINIMUM ON VEHICLE SCALES.—A vehicle scale shall not be

used for weighing loads of less than 1,000 pounds.

We formerly provided that a livestock scale be not used for weighing

loads of less than 1,000 pounds. That requirement was inserted some

years ago at the request of the Packers and Stockyards Division of

the U. S. Department of Agriculture, because it offered to them a sus- taining arm in getting proper scales for weighing single animals.

Now, however, that Department is no longer interested in the requirement, probably because they have accomplished their ends, and we

now see no further purpose in retaining that restriction.

(The amendment to Regulation K-lb, as proposed by the Committee, was

duly adopted.)

Mr. McBride (reading):

Add to the text of Regulation K-4 the words, "shall be so positioned that it is firmly and securely supported and", and add to the title the words "Supports

and", to make the regulation read as follows:

K-4. SUPPORTS AND LEVEL CONDITION—A scale which is portable

and which is being used on a counter or table or on the floor shall be so positioned

that it is firmly and securely supported, and the scale shall be maintained in level. (The amendment to Regulation K-4, as proposed by^jthe Committee, was duly

adopted.)

Mr. McBride (reading):

Add a new Regulation to be numbered K—12 and to read as follows:

K-12. STOCK RACKS.—A scale used for the weighing of livestock on the

hoof shall be equipped with a suitable stock rack, that is, an enclosure, fitted with gates as required, within which livestock may be held on the scale platform

during a weighing operation. The rack shall be securely mounted on the scale platform, and adequate clearances shall be maintained around the outside of

the rack.

"While it may be that in many cases livestock scales are not equipped

as recommended, we are now saying in specific language that a scale

used in weighing livestock on the hoof shall be equipped with an enclosure and that this shall be securely mounted on the scale platform.

(New Regulation K-12, as proposed by the Committee, was] duly] adopted.)

Mr. McBride. That covers all the matters in our report. We have

in mind some further study in relation to lubricating-oil meters. That

is a new type of metering that is coming in, and we are going to study

that; we would appreciate any experiences that you want to report to

the Committee in that relation during the coming year. We also have

in mind something in relation to vehicle-tank compartments and

piping, and I think a good start was made in that direction by the

symposium yesterday.
104 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

ANNOUNCEMENTS

The Chairman. The Secretary wishes to make several announcements at this time.

The Secretary. At this point on our program, there was scheduled

a paper by Mr. M. J. J. Harrison, Supervisor of Scales and "Weighing,

Pennsylvania Railroad, on the subject "Multiple Draft Weighing."

It is with real regret that I have to announce that at this moment Mr.

Harrison is tightly swathed in bandages and is confined to his home.

I learned this through a letter which I received last evening which

stated that on last Saturday Mark had a very bad fall and that

although no bones were fractured, his injuries will incapacitate him

for some time. I am sure that all his friends in this body, and that

includes almost all of you, will join me in wishing that he has a very

speedy recovery and that there are no complications. I know that

Mr. Harrison regrets tremendously that he cannot be here; he said in

his note to me that this would be the first time in 18 National Conferences that he had missed a meeting.

I have been asked to make an announcement on behalf of equipment

manufacturers who are present at this meeting to the effect that this

evening between 8:30 and 12:00, an inforrnal party will be held in the

"Washington Room of this hotel. This party is being given by the

manufacturers as a courtesy to those attending this meeting and all are cordially invited to attend.

I wish to make another announcement which is important to all of

you. "We would like very much to have everyone present at the

Conference duly registered. We are not so much interested in the

registration fee, but we do want to know who is here, and this is important to you people because the registration list is used to distribute material which results from the meeting, including a copy of

the printed report of the proceedings which will ultimately be issued.

Please, therefore, if you are not registered, whether you are a guest

or an active member, arrange to register before the meeting is concluded. Also, please pass on this word to others who may not be in

the room at the moment so that the registrations may be complete.

Mr. Archie Smith of New Jersey tells me that he has received

requests from a number of people for copies of the piping diagrams

which he used in connection with his paper on vehicle tanks. He

wishes me to say that persons desiring mimeographed copies of these

diagrams may obtain them by addressing him. at his office in Trenton.

Mr. J. T. Kennedy has informed me that during the course of the

morning the Canadian Embassy telephoned him to learn the National

Conference action on frozen foods; satisfaction with the action taken

was expressed.

A large supply of the reports of our standing committees was

provided for distribution at this meeting, supplementing the wide mail

distribution in advance of the meeting. It appears that now this

stock is essentially exhausted. Persons desiring additional copies

of any of these reports may obtain them by addressing me ; I shall have

additional copies run off in sufficient number to meet all requests.

Mr. Btjssey. I move that the Conference join Mr. Smith in his

expression to Mark Harrison. If it is in order, and Mark's paper is

available, could it be presented in the proceedings?
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 105

The Secretary. It would be except for the fact that Mr. Harrison

proposed to speak extemporaneously, using slides and other illustrative

material. There is no manuscript available. I regret that as much

as you do.

(The motion was seconded, the question was taken", and Mr. Bussey's motion was agreed to.)

ACTIVITIES OF THE NATIONAL SCALE MEN'S ASSOCIATION

By C. B. Smith, President, National Scale Men's Association

Article I, Section 2 of the Constitution and By-Laws of the National

Scale Men's Association clearly defines the purpose and aims of the

National Scale Men's Association and reads as follows:

The objects of the Association are: A—To secure the cooperation of all concerned in matters of scale design, scale construction and installation, and scale maintenance and weighing.

B—To bring about discussion of everything pertaining to scales and weighing,

the prime object being to bring about by education, an improvement in scale construction, in methods of maintenance, and in weighing problems.

The membership is classed as Active, Associate, Senior, and Honorary. The qualifications of the four classifications are as follows: An

"Active" member is one who is actively engaged in the manufacture,

repair, or installation of scales, or engaged in the designing of scales, or proficient in the science and theory of scales and scale construction.

An "Associate" member is one who is actively engaged in the scale

business or in the weighing of any commodity, but not qualified for

active membership. A "Senior" member is one who has a duespaying record of 10 years or more, and who by the condition of his

employment is retired from active duty, and who has been elected to

Senior Membership. An "Honorary" member is one who has won

the gratitude of the Association by particular interest shown in the

Association.

The National Scale Men's Association is composed of 10 divisions

located throughout the United States. These divisions are as follows:

Calumet Division, at Gary, Ind.; Central Division, at Chicago, 111.; Great Lakes Division, at Toledo, Ohio; Hoosier Division, at Indianapolis, Ind.; Midwest Division, at Kansas City, Mo.; Northwest Division, at Minneapolis and St. Paul, Minn.; Texas Division, at Houston,

Tex.; Southern Division, at Birmingham, Ala.; Northern California

Division, at San Francisco, Calif.; and Southern California Division,

at Los Angeles, Calif.

Of the total of 404 paid-up members of the National Scale Men's

Association, 317 are members of one of these Divisions. The remaining 87 are not members of any Division because either their residence

or place of business is so located as to make it impractical for them to

belong to any Division. A Division may be formed by the written

application of 10 or more persons, all of whom are or will become members of the National Scale Men's Association. No member can, however, be a member of more than one Division. Each Division is required to elect a set of officers consisting of a Chairman and Secretary-Treasurer, and must meet at least twice a year and maintain a minimum paid-up membership of not less than 10 members. Divisions are also required to submit to the Executive Committee of the
106 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

National Scale Men's Association not later than October 15 of the

year preceding the next annual convention, subject and outline of a

talk to be given at the next annual convention by a member of that

Division. The Executive Committee will screen the material submitted and select subjects of interest to be given at the next annual

convention. This greatly simplifies the work of arranging a program

and instills interest in the various Divisions.

The National Scale Men's Association has always been active in

drawing up and approving specifications for various types of scales.

Its members have been active on the Yards and Terminals Committee

of the American Railway Engineering Association for many years. At

the present time the National Scale Men's Association has a standing

committee on The Metric System, of which Mr. J. E. Woodland is Chairman, and which has been active for the last 2 years. The

committee was carried over into 1947 and the committee gave its

report at the last annual convention at Kansas City; the report was

accepted by vote and the committee continued for further study. The

C. A. Briggs Committee on Education of which Mr. Rollin E. Meek,

Vice President of the National Scale Men's Association, is a member,

was appointed at the last annual convention at Kansas City and has

been functioning since that time; the report of this committee will be

given at the next annual convention and the committee so far has

touched on many varied and interesting phases.

The National Scale Men's Association at its annual conventions

strives to bring speakers from the various industries and groups closely

associated with the problems of its members. At the last annual con- vention at Kansas City, Mr. R. W. Smith, Secretary of the National

Conference on Weights and Measures, talked on the aspect of regulating scale men by licensing or bonding, viewed from the angle of a weights and measures official. Good scale men have always been

scarce, and with the demand from the railroads, mines, steel mills, oil

companies, packing houses, milling industries, and other large industries employing the cream of the scale profession, it is not hard to see why the cry for licensing or bonding has been the result of need for

better service.

Why is it that the larger industries get the better class of scale men?

In one highly industrialized area the rate in commercial scale shops

is $1.43 an hour while in industries in the same area the rate is $1.68%

an hour. In addition to a larger take-home pay envelope, the men

employed in industrial plants have the advantages of vacation pay,

protection against occupational hazards, and the advantages of

security in employment, promotion, and retirement that go with an

organized labor contract.

Other examples of the type of subject of talks given are "Surface

Treatment of Scale Parts" and "Weighing of Aircraft." The weighing

of aircraft during the war was quite a problem as aircraft were taking

off and landing on air strips in many far remote parts of the world.

It was necessary to weigh aircraft as a matter of safety, to see that

the gross weight did not exceed the lifting power of the aircraft, and

that the fore and aft centers of gravity fell between rather narrow

limits. The need for development of weighing equipment that could

be transported to the plane rather than bringing the plane to the

weighing equipment was of utmost importance. The result of this
I

THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 107

development was a kit that fitted in an ordinary suitcase weighing

50 pounds and having a weighing capacity of 150,000 pounds, which

has since been developed to have a capacity of 300,000 pounds, graduated in 10-pound divisions.

Many of the members of the National Scale Men's Association are members of this Conference, and in many respects the interests of

both bodies coincide, although the final objects of the two are different.

Your Conference is most vitally interested in the direct performance

and results obtained from weighing machinery, while the National

Scale Men's Association is interested in the design, specifications,

and practices of weighing to insure accurate weights.

SOME ASPECTS OF INDUSTRIAL WEIGHING*

By Douglas M. Considine, Chemical Engineer, Brown Instrument Co. The role which scales play in protecting purchasers of merchandise

and certain public services is generally understood and accepted with

high regard. In fact, it is difficult to imagine how business and commerce could even limp along without scales that can be trusted.

This role of scales as public protectors, however, is but a part of the

great contribution which scales render to man's progress and everyday living. One function, often overlooked by those who are not

directly concerned with industrial operations, is the use of scales and

weighing devices as manufacturing and processing tools. It is to a

consideration of this latter function of scales that this paper is devoted.

Aside from receiving, shipping, inventorying, and packaging, where

do scales fit into the industrial plant? Scales are widely used to

proportion ingredients to a process, exemplified by their wide use

in the glass, rubber, alloy steel, and chemical industries. Too much

or too little sand, soda ash, or cullet in a batch of glass will spoil the

product just as effectively as too much or too little baking powder

will ruin milady's cake. Scales are frequently used to check or test a product in its intermediate or final stages of production, as exemplified by the continuous weighing of rubber tire tread as it emerges

from the extruder, or measurement of the tension or compression in a

finished spring. Scales are used for accounting purposes, wherein

the basic material charges to a department or the production of a department or worker are measured directly in terms of weight or by

count through weighing. These are but a few of the hundreds of

ways scales are used industrially. If time would permit, hundreds

of specific examples in dozens of industries could be cited. Of course only a few instances can be covered in this space.

The basic principles employed in industrial scales are much the

same as those employed in the more conventional scales used in daily

business and commerce. It is the application of these principles

that distinguishes industrial weighing equipment from other types.

In designing industrial scales and what I believe are aptly termed

"interlocked weight control systems," the scale manufacturer has

drawn heavily from the field of electrical and electronic engineering.

The scale manufacturer also has applied some of the principles used

by instrument engineers in other fields.

*A number of illustrations, not reproduced here, were used by Mr. Considine in the presentation of

his paper.
108 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Before discussing some of the specific items of equipment, or what

might be termed "gadgets" which have been added to scales to render

them more useful industrially, I believe it would be well to consider

for a moment where weight as a process variable fits into the general

field of instrumentation and automatic control.

A process variable may be defined as a quantity or condition which,

if not controlled, adversely affects the results obtained from an industrial process. Temperature, for example, is one of the major process

variables. There are thousands of processes which require the maintenance of accurate temperatures to obtain the desired results. The

refining of petroleum, the vulcanizing of tires, the canning of foods

are but a few examples of processes which will fail partially or completely if temperature is not properly controlled. Some other major

process variables include pressure, the rate of flow of fluids, the speed

of machinery and equipment, the moisture content of materials, and

the pH, or acidity, of process solutions. There is a host of others. • One of these other process variables, too infrequently considered

in this light, is weight. To many processes, the proper control of

weight is just as important, and often more important, than the

other process variables just mentioned. It is evident, then, that

even though many scale engineers and instrumentation engineers

do not recognize the fact, their fields of activity have much in common. As an instrumentation engineer, I have gained much from a study of industrial weighing applications—and I am confident that

scale engineers would benefit likewise from a study of instrumentation methods. The gap between weight and the other process variables is presently too wide. To narrow this gap, which would result

in greater processing efficiencies, the scale engineer must broaden

his concepts and accept the fact that weight is one of the major

process variables and is amenable to many of the automatic control

methods used to control temperature, pressure, and the like. And,

on the other hand, the instrumentation engineer must broaden his

concepts to include weight in his thinking.

The conventional dial scale is the heart of many modern interlocked

weight control systems. By merely adding one of two electrical

devices to a scale of this type, its flexibility and utility can be increased

manyfold. One of these devices is the mercury magnetic contact,

illustrated here. This contact comprises a small vacuum tube in

which is contained a drop of mercury and a flexible wire, the end of

which contacts the mercury when in a closed position. On the

flexible wire is mounted a magnet armature, which draws the wire

out of the mercury when subjected to magnetic attraction, causing

the electrical contact to be broken. The contact tube is mounted

on an adjustable bracket located at the lower section of the dial

housing diametrically opposite the zero position on the dial and very

close to the plane of dial indicator travel. A small permanent magnet is attached to the scale indicator by a small arm and when the

indicator is in the zero position, the magnet attracts the armature

on the flexible wire in the vacuum tube, causing contact to be broken.

In operation, with no load on the scale, a poise on the beam is set

to the desired weight, whereupon the dial indicator revolves in a

clockwise direction from the zero graduation and comes to rest at a

position on the dial equivalent to the poise setting. The load is
1

THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 109

then applied to the scale whereupon the indicator revolves back

toward zero in a counterclockwise direction and cutoff takes place

when the indicator reaches the zero graduation.

Where feeding rates to the scale are quite rapid and where there is little time to accumulate material on the scale, a double cut-off is employed. This arrangement simply consists of one contact mounted

in the zero position and a second contact mounted several dial graduations away from zero. In this manner, the zero contact causes

final cut-off of the feed, but the other contact causes a dribble feed,

thus eliminating the chance of overweight in the batch.

The second of these electrical devices which can be added to the

conventional dial scale is the photoelectric cut-off. In the arrangement illustrated here, an interceptor is incorporated on the scale head

so that the light-sensitive portion directly faces a section of the dial.

When the interceptor passes between this section and the photoelectric cell, an electrical contact is made or broken, as required by

the process. Dribble feed is accomplished by incorporating a slit in the interceptor so that two contacts are made by the photoelectric

cell, the dribble contact being made a few graduations before the

zero position is reached. The position of the interceptor is adjusted

by means of a center knob, accessible from outside the scale dial.

The scale illustrated here incorporates two photoelectric cells and

two interceptors so that both the feeding of the scale as well as the

discharging operation can be automatically controlled.

It is important to note that both of the cut-offs described enable

the scale to actually weigh material out of the hopper, insuring

delivery of the correct amount of material to the process. This

arrangement is to be contrasted with equipment in which the material

is accurately weighed into the hopper, but where the discharge of

material from the hopper is not a weighing operation. Thus, complete

delivery of the weighed material to the process may not always take

place. Without the provision for weighing material out of the hopper

as well as into the hopper, there is always the possibility of a pocket of

material being weighed time after time, causing each batch to be short

by that amount.

The two contacts just described are the means by which a dial

scale can be incorporated into an automatic weight control system.

The system is not complete, however, without the addition of several

external components.

One important component is the electric vibratory feeder. A feeder

of this type incorporates a trough or deck, on which material flows

to or from the scale, which is vibrated by means of a pulsating electromagnet. These feeders literally nudge the material along by means

of vibrations which vary from 1,800 per minute with an amplitude of

)'% inch to 7,200 vibrations per minute with an amplitude of %2 inch.

An outstanding advantage of these feeders is the clean, precise cut-off

which can be obtained and which greatly reduces the possibility of over or underfeeding a batch.

Shown here are two feeders of this type used in connection with a suspension hopper scale. The upper feeder is used to charge the

784131—48 9
110 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

scale hopper, while the lower feeder is used to discharge the hopper.

This particular equipment is installed in a large glass plant.

Electrical timers, switches, relays, counters, signal lights, and push

buttons are also integral parts of modern weight control systems.

The dials for setting the timers, push buttons for initiating control,

the signal lights, relays, and timers are usually incorporated in a master control panel, often located a hundred or more feet from the scales

themselves. Shown here is a weight control panel installed in a large

plant making alloy steels. Often these centralized control panels are located in the same room with other types of instruments and controls,

including pyrometers, flow meters, pressure gages, and the like. In

many cases, the scales and auxiliary equipment are maintained by

the same men who maintain other types of instruments. Remote

installation of the electrical components of the weight control system

is advantageous in that these more delicate components of the system

are not subjected to fumes and dusts often encountered in the batching

room proper.

To illustrate how weighing of several materials to a process is precisely and automatically coordinated, I shall briefly describe a system used in batching rubber.

The system illustrated here comprises: Two platform dial scales,

each with a capacity of 500 pounds, for weighing rubber; five bench

dial scales, each with a capacity of 25 pounds, for weighing pigments;

and one suspension hopper dial scale, with a capacity of 50 pounds,

for weighing lampblack.

Weighing rubber on the platform scales is one of the few manual

operations required by the system. Pigments are fed to the scales

by electric vibratory feeders. There are three conveyors interlocked

in the system, namely, two rubber conveyors, each of which serves a Banbury mixer in which the batch is made up, and one reversing pigment conveyor, which serves both Banbury mixers. Each pigment

chute empties into a vibrating feeder, which insures a steady, positive

feed to each scale. Each chute is equipped with a bin level indicator, a vibrator to insure constant flow, and a bin check valve to prevent

flushing of materials.

Once the scales are adjusted for a series of batches, operation of the

system proceeds thusly:

First, rubber is placed on the scale according to compounding

pointers until the total desired weight is satisfied and indicated by a

tolerance signal light. The rubber conveyor now will start when the

Banbury operator depresses the proper push button on the control

panel, providing the mixer has previously been discharged, the discharge gate is closed, and the mixer ram is in proper location. The

starting of the conveyor is electrically interlocked with these latter

factors. There is a control panel at each of the two mixers.

The operator then depresses a push button which initiates operation

of the pigment weighing. The pigment conveyor will start, providing

all pigment scales have received the proper loads for which they have

been set. The direction in which the conveyor moves is dependent

upon the control station from which the starting impulse is received.

At the end of a given interval, as determined by another timer, the
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 111

pigment conveyor stops. Charging of the lampblack is accomplished

similarly.

After each pigment scale is discharged, it is automatically refilled,

ready for the next batch; that is, unless the automatic counter locks

out the system, after a given number of batches have been prepared.

The counter is set at the start of each series of batches and allows the

scales to refill a definite number of times, but prevents the making

of more batches than are required for a given formula.

Automatic weight control systems are not confined, of course, to

dial type scales. One interesting and rather widely used arrangement

involves the beam scale with electrically driven poise. In operation,

the hopper is filled with material and the sale is balanced by manually

adjusting the poise. A rate control dial is set at the desired rate of

feed and a small synchronous motor, which drives the poise, is started.

This motor retracts a poise on the beam, by means of a revolving worm,

geared to the poise. Retraction of the poise gives the beam a tendency

to tip up. This tipping action of the beam, causes the end of the

beam to make a mechanical or electrical contact which controls a mechanical or electrical vibratory feeder to remove material at the

rate required to keep the scale in balance. Feeders of the vibrating

deck or trough type are used for solid materials. A scale of this type,

however, is also available for weigh-feeding liquids.

Blending of ethyl fluid into gasoline is now being done continuously

with the aid of an automatically operated loss-in-weight scale of the

type just described. Tetraethyl fluid is usually proportioned to motor

gasoline in amounts ranging from 0.5 to 1.5 cubic centimeters per

gallon. The high accuracy of the blending system, is illustrated by the

fact that the tetraethyl load content of the blended product varies

from plus or minus 0.01 cubic centimeter at a minimum to a maximum

of 0.06 cubic centimeter. In this installation, the required ethyl

fluid is continuously blended with gasoline at an adjustable rate from

700 to 1,200 gallons per minute. Essentially, the blending system

comprises:

A horizontal ethyl fluid storage tank of 8,500-gallon capacity,

mounted on a 60-ton built-in type scale.

A venturi meter and electrical flow transmitter for measuring the

rate of gasoline flow volumetrically and transmitting the flow measurement electrically to a mechanism for retracting the poise on the

Ethyl fluid scale.

An air control system attached to the free end of the scale balance

beam in such a way as to control the amount of air pressure exerted

on the diaphragm of a control valve in the ethyl fluid feed line and

hence the rate of fluid evacuation from the tank.

And a system of safety devices and audible alarm signals. These

are mounted on an instrument panel and go into operation in case of

pump or air pressure failure.

The continuous weighing of products while they are on the move is another large contribution of scale engineering to industrial processing. These devices operate quite similarly to conveyor type scales

in that they involve two idler rollers and one live roller which is con- nected to the scale mechanism. These devices serve to continuously
/

112 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

indicate to an operator how much a product, such as tire tread,

coated fabric, or paper board, is deviating from the desired weight per

lineal dimension. In some cases, alarm signals are incorporated to

warn the operator visually or audibly when tolerances are being

exceeded. It is quite possible that these devices will one day be interlocked with the processing equipment involved to automatically

effect changes in process conditions to bring the material back to

standard when tolerances are exceeded.

In closing, it is interesting to note how progress in the measurement

and control of weight as a process variable has paralleled progress in

the measurement and control of temperature, pressure, flow, and other

variables. Early pyrometers for temperature measurement were

manually balanced, requiring the attention and skill of an operator to

manipulate dials until the galvanometer reached a stable, balanced

position. Then a reading was taken. How similar this is to the

average beam scale which requires like manipulations. The pyrometer was improved—first by mechanical means and in recent years by

electronic means—so that the instrument became direct reading.

How similar this development is to the development of the automatic dial scale. The pyrometer was further improved to include a means to automatically record temperatures. While still not practiced

extensively, scales are available today, of course, which provide

continuous weight records. The pyrometer was still further improved

to include electrical contacts or pneumatic mechanisms which served

to automatically operate control valves or dampers to change process

conditions in accordance with the measured variable. How similar

these improvements are to the mercury magnetic and photoelectric

cutoffs described earlier in this paper. This striking parallel of events

only serves to emphasize the need for a freer exchange of know-how

between scale engineers and instrument engineers.

VEHICLE SCALES TESTING EQUIPMENT AND PROCEDURES

By James M. Paddock, Superintendent of Standards, State of Illinois Mr. President, members of the National Conference and guests, I trust that I may not be considered a bit presumptuous in appearing

before so many able and experienced weights and measures officials,

assembled here from so many parts of the country. Last year, I attended my first National Conference on Weights and Measures and

even though I am new in weights and measures work, in comparison

to many weights and measures officials, I can fully appreciate the

importance of testing vehicle scales and our present inability to do this

work with our limited equipment.

With corn and wheat at almost $2.50 a bushel and other farm commodities at a correspondingly high level, it can readily be seen that an

inaccurate scale would soon cost someone a great deal of money. In

Illinois, we have far more scales weighing these commodities than we

can possibly test regularly and more scales are being installed all the

time.

The food packing industry is undergoing a general change that is naturally affecting the use of the vehicle scale. The growing of truck

9 This paper was presented to the Conference by G. A. Ritehey, Administrative Assistant, Division of Standards, State of Illinois.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 113

produce for canneries is quite general throughout the State of Illinois

and various shipping points have been established where large scales

have been installed to handle the volume of traffic. It is imperative

that these scales be tested for accuracy at a particular time. During

the past few years, the trucking interests hauling farm produce through

various devices brought themselves under very close observation of

shippers. As a result, they urgently request periodic inspection of

their scales. For example, when the tomatoes are ready for canning,

we receive many requests for inspection of scales over which tomatoes

are to be weighed. During the sweet corn canning season, we receive

many requests for weighing this commodity, etc. Then too, we have

the numerous coal mine scales, lumber yard scales, etc. It has been our opinion for a long time that we should increase our

testing equipment for vehicle and other large capacity scales. Naturally, during the war, this was impossible and as most State officials realize the process of securing an appropriation for expensive equipment is a long and tedious operation. During the last session of the legislature,

however, we were successful in securing an appropriation that will

enable us to purchase two additional large scale testing units. We

also secured in our appropriation enough funds to hire four more men.

In contacting several State officials, most of the replies advised that

the same condition, shortage of equipment, existed in their jurisdiction.

Therefore, the primary problem, as I see it, is not the testing equipment

and procedure, but securing funds from the legislature to purchase this

badly needed equipment. As various means of securing these funds

are employed in the different jurisdictions, I do not believe that I could

add anything that would help this situation. We must, however,

continuously strive to impress the people and members of the legislature with the importance of our work. In our opinion, three test units

must be employed in the very near future to efficiently and properly

handle the work entailed in the heavy-duty scale installations throughout the State, used by our commercial and industrial enterprises.

I am indeed sorry to say that our present equipment consists of one

large vehicle-scale testing unit. This is a 5-ton Diamond T truck

and carries ten 1,000-pound weights, which are loaded and unloaded

by a Gar Wood winch, which is operated by an auxiliary motor, located

inside the van body. The weights are distributed on the scale by use

of a rubber-tired dolly. Two tons of 50-pound weights are carried

as extra weight to test smaller-capacity scales.

In a great many cases where small wagon and livestock scales are to

be tested, we can assign two of our district inspectors, each carrying

500 pounds of 50-pound weights, to make the test. For our new large-scale testing units, we have been favorably impressed with the truck exhibited by Mr. Baucom at the Southern

Association meeting. We have received estimates on the cost of the

equipment and expect to place our order immediately, unless we are convinced that something better is available.

The unit is a Scale Testing Corbett truck, especially designed, of the

six-wheel, two-wheel-drive type with a trailing axle. Continental

motors will be used. Room is provided for eighteen 1-000-pound

weights to be arranged in six rows of three. The weights are loaded

and unloaded three at a time by means of hydraulic equipment,

operating on two parallel roller chains. This equipment is powered
114 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

by a high-pressure pump, driven from a power take-off on the transmission. The power take-off is engaged from the cab and is left running

from the time the driver is ready to unload the weights until the

weights are reloaded. All other operations are controlled from the

ground at the rear of the truck. Only two controls are used: The first

is a selector control which has detents to hold it in any of three positions, one position for raising or lowering, one for traversing the

weights to or from their position in the body, and the third a neutral;

tbe other control is equipped with springs to return it to neutral when

the operator releases it. This same control governs the speed of the

engine and consequently the speed of the movement; in the normal

vertical position the engine idles, but as the control is depressed the

speed increases. It is impossible to increase the speed of lowering

faster than a preset safe speed. The hydraulic system incorporates

safety devices making it impossible for the weights to be dropped by

wrong manipulation of the controls or even by the failure of the pump

or any of the tubing.

A hand truck for moving the individual weights is included. This can be loaded on top of the weights by the hydraulic power and locked

in place for safe transportation.

The truck will be enclosed, and will consist of a stationary panel on

the right hand or nonoperating side, and a panel on the operating side

hinged to the beam at the top to open horizontally with props to form

a canopy. The rear will be enclosed with a removable heavy canvas

curtain, which will enclose the open part at the bottom of the extended

canopy, as well as the back.

We have ordered a Panel Body Truck, which we will equip with

sufficient weights to test livestock scales and scales of not too great a capacity. This will enable us to handle requests for inspection of

livestock scales and various scales of this type, without disturbing our

large-capacity testing units. After this unit is put into operation,

if we find that we need another unit of this type, we will endeavor to

have two in service, at all times.

In regard to procedure in testing scales, I feel that there are two ways

of testing large scales. One of these is the theoretical or proper method

to use, when conditions are ideal, and the other is the method to use to secure the best practical use of the very limited equipment. I will not

go into the theoretical procedure as many pamphlets have been issued

explaining this method, and in digesting the replies from the various

other officials, I have found that, as in Illinois, most States must, of

necessity, take some short-cuts in order to use the equipment to best

advantage.

In Illinois, our first step in testing the scale is to obtain a zero-load

balance. Then the SR is taken. Next we test each corner of the

scale with weights, when possible equal to one-fourth of the capacity

of the scale. The SR is noted after each weighing. Then the ten

thousand pounds of weight are evenly distributed over the scale.

The weights are then removed from the scale and the truck is weighed

empty. Then the truck is reloaded and again weighed to give a

strain-load test. Automatic-indicating devices are tested in the same

manner. All test observations are recorded on a test record form,

carried by the inspector. A copy is left with the scale operator, one
i

THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 115

forwarded to the office, and one retained by the inspector. All essential data about the scale are recorded, its make, type, capacity, etc. We consider our present unit inadequate, as it carries 10,000 pounds

of weights and the weight of the truck is 18,000 pounds. To properly

test a scale the known weight should exceed the weight of the truck.

When new equipment is secured carrying more known weight, we

are planning on using "end tests". I realize that there has no doubt

been much discussion, from time to time, regarding "end testing" versus "corner testing" for motor-truck scales. In my opinion^

"corner testing" is proper procedure for the smaller sizes of platform

, scales, but I do not believe that "corner testing" is justified for the

weights and measures official on the larger capacity scales, and as I

have explained before, our present procedure of "corner testing" is due to an inadequate amount of weight. "End testing" requires less

time, and it is important to make as many tests in a day as possible,

due to the increasing number of requests; and also the inspector should

so conduct his test as not to tie up the scale for an undue length of

time. As the weights and measures inspector does not make repairs or adjustments, an "end test" with an adequate load will develop all essential information needed.

In some States the equipment is used almost exclusively on requests

for inspection, while in others, no attempt is made to take care of re- quests as the truck is given an itinerary and does not deviate from it. In Illinois, we hold our requests until an appreciable number is re- ceived from the same locality. The truck is then routed to take care

of these requests and also test all other scales in the vicinity.

In closing, I would like to say that I believe with the purchase of

new equipment during the coming year and additional personnel,

Illinois will not have to apologize for inadequate heavy-duty scale

testing equipment at the Conference next year.

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON

WEIGHTS AND MEASURES EDUCATION, PRESENTED BY W. S. BUSSEY, CHAIRMAN 10 We wish it were possible for 3

7our Committee on Weights and

Measures Education to report to you, at this time, a year of outstanding progress and acbievements. However, this is impossible. Yet,

your Committee is more firmly convinced than ever that "Education"

is the most important subject facing weights and measures officials

today.

Your Committee, as such, must confess that it has done very little

during the past 12 months. We are happy, however, that recent

reports made to the Committee, by weights and measures officials

from various parts of the United States, reveal that considerable

individual and departmental activity has been going on in the educational field. This, coupled with what your Committee members have

done individually and collectively, represents an appreciable amount

of educational work.

When your Committee reported to you in 1946, it consisted of only

10 To conserve the time of the Conference, this Report was shortened in oral presentation; the complete

text is here presented.
116 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

three members, the other members having resigned when they en- tered fields of endeavor outside of weights and measures administration. The three Committeemen last year were Robert Williams, of

Nassau County, New York; A. J. Jensen, of North Dakota; and W. P.

Reed of Georgia. The personnel of the Committee was completed

with the appointment by Dr. Condon, President of the Conference, of

Erling Hansen, of Minnesota: E. F. Usher, of Highland Park, Mich.;

L. E. Witt, of Milwaukee, Wis.; and W. S. Bussey, of Texas. Later

in the year, the press of other matters prompted W. P. Reed to offer

his resignation, at which time, R. D. Thompson, of Virginia was

appointed to fill the vacancy.

In the Committee report last year, it was recommended that each

member of the Conference read and study again the reports that the

Committee made in 1940 and 1941, respectively. We sincerely hope

that you have done this. If not, we might remind you that it still is not too late. We feel that many useful and helpful suggestions are contained in the first two reports made by this Committee.

The reports recently received by your Committee, from weights and

measures officials throughout the nation, were from 24 States and the

District of Columbia. In some instances reports were received from

several officials within the same State. These reports list ten principal

means of spreading weights and measures information, seven of which

were for the primary purpose of educating the public and three for

educating weights and measures officials. The seven means employed

in educating the public, listed in the order of their prominence, are

as follows:

(1) In practically all States, the "public press" was made use of as an educational medium. It is clearly evident that newspaper articles are the most common means of disseminating weights and measures

knowledge, and these are awarded "first place."

(2) Probably the "second" most widely used medium is that of

"personal appearance addresses," made before grade school, high

school, and college groups, civic organizations, women's clubs, etc. One outstanding example was found in Los Angeles County, California.

Mr. Charles M. Fuller will tell this Conference, later during this

session, about his experiences in spreading the gospel of "Properly

Financing a Weights and Measures Organization" through numerous

appearances before different interested groups in his county.

(3) The "third" most widely used facility is "radio." Numerous

State, county, and city jurisdictions have made use of this excellent

means of informing the public on weights and measures matters.

One State in particular has a rather unique set-up in the radio field,

that being the State of Wisconsin, which owns its own radio station

to which the Weights and Measures Division of the State Department

of Agriculture has access at frequent intervals.

(4) The "fourth" most frequently used means is "exhibits at

county fairs and similar exhibitions." Several jurisdictions took advantage of the opportunity to prepare educational exhibits and have

a weights and measures officer in charge at all times, to answer questions, hand out literature, etc. In the State of Vermont, questionnaires were passed out to ascertain what the buying habits of the

public really were. Fifty-four percent of the people answering the
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 117

questions indicated that they take no special interest in what they are getting for then money or whether or not they are being cheated.

About 50 percent claimed that they did take the trouble to look at

the scale, while only about 40 percent said that they attempted to do

something about it if the scale was found out of balance. We would

not be surprised if a portion of this 40 percent were not bragging a

little. In the opinion of your Committee, this seeming lack of interest

on the part of the public is certainly a deplorable condition.

(5) We rank in "fifth" place the "publication of annual and biennial

reports, departmental bulletins, and pamphlets, containing weights

and measures laws, regulations, and other useful information."

Several of the departmental reports and bulletins mailed to your

Committee are quite elaborate and carry much useful information

concerning the activities of the weights and measures department,

together with numerous pictures demonstrating some of the services

rendered. Such publications no doubt serve a verv useful and worthwhile purpose.

(6) Another educational means which has been made use of quite

frequently and which we rank "sixth" is the "attendance of weights

and measures officials at trade association meetings and their participation in the programs at these gatherings." Some of the trade or- ganizations which have been prominently mentioned are dairy, grain,

bakery, grocer, solid fuel dealers, and other similar associations.

Much progress has been reported through better understanding and

closer working arrangements with these organizations.

(7) Much work has been reported by departments sponsoring legislation and endeavoring to "educate State representatives and senators"

on the importance of weights and measures administration and the

functions of weights and measures enforcement organizations. The

amount of work done in this field would probably make it rank in

"seventh place."

The seven fields of weights and measures education already mentioned deal primarily with the education of the "general public," as heretofore stated. The next three activities deal principally with the

"education of weights and measures officials" themselves and those

associated very closely with weights and measures administration.

In "first place" we rank "Weights and Measures Conferences and

Schools of Instruction for Inspectors and Mechanics." We find that

possibly all but about two or three of the State Weights and Measures

Associations have resumed their annual conferences and schools since

the close of the war. Those associations which have not yet held

meetings since the war plan to do so in 1948. It is the custom of

most State Associations to hold annual "General Conferences." Some

of these organizations, however, also conduct annual "Schools of

Instruction for Weights and Measures Officers and Scale and Pump

Mechanics." Outstanding in this latter field has been the Virginia

Association, which was probably the originator of the "school idea."

Indiana holds a fall meeting which is strictly educational, while Ohio,

Texas, and other State Associations devote all, or a portion, of their

program to special training and instructions for sealers. The Southern

Weights and Measures Association devoted a portion of its annual

program in New Orleans to special training for inspectors. Without
118 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

a doubt, more has been accomplished through State, regional, and

national conferences, and schools of instruction, insofar as educating

weights and measures officials themselves is concerned, than by any

other means.

Next we rank the publication of "Weights and Measures News

Letters" by some Departments and State Associations. No doubt

the outstanding piece of work in this field has been performed by the

State of Indiana. The Indiana News Letter has been published month

after month, without exception. It has not only served to keep the

weights and measures officials and other interested persons residing

in the Hoosier State well informed on weights and measures matters;

but it has also been very beneficial to those of us in other jurisdictions

who have been favored with copies of this splendid publication.

California, Michigan, Ohio, and Texas have issued News Letters or

similar publications with less frequency than the Indiana letter. The

Southern Weights and Measures Association has also joined the ranks

of organizations issuing News Letters and three such letters have been

issued by that organization up to this time. It is the opinion of your

Committee that these News Letters, or Bulletins, issued by various

Departments and sealer organizations, help a lot to keep weights and

measures officials throughout the country better informed and to

keep their work more uniform and in closer harmony. We certainly

recommend the continuance of such letters, and also we recommend

to each State or organization issuing such letters, that they broaden

their mailing lists as much as possible.

We would rank "third" the holding of "district meetings for inspectors," from time to time, throughout the year, to keep them better

informed on problems of the day. The State of Kentucky reported

the appointment of a "Special Field Supervisor" whose duty it was

to contact various district inspectors for instructional purposes.

These are ten principal channels of education made use of during

the past year. They have been listed "according to the frequency of

use" and not according to their "merits or potentialities." You can

easily see that considerable work has been done, but there is plenty

of room for expansion.

We have told you, in a very general way, about some of the educational activities of weights and measures officials during the year just

past. Now let us look into the future and talk for a moment about

what we can and should do during the months to come.

Your Committee has consistently emphasized the importance of

"more and better education for weights and measures officials themselves." It is our firm belief that weights and measures officers form

the entire foundation for all weights and measures educational activity.

It is also our firm conviction that we have fallen far short in our

responsibility to provide the necessary means, leadership, and encour- agement for the proper and necessary education of these important

public officials.

In industry, much time, effort, and money are spent upon advertising, salesmanship, publicity, and public relations. These are vitally

important matters to "commerce and industry." They should be just as important to "necessary governmental agencies." These three

things are all very closely related to "education." Honest advertising

is nothing short of an "educational campaign" to enlighten the public,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 119

or certain groups of individuals, as to the value, the merit, the convenience, the necessity, or the desirability of some product, service, or

protection.

The good salesman must be an "educator," in a sense. He must

be able to educate his prospective customer on the virtues and advantages of his product. He must be able to show him and convince

him that it is an outstanding value.

"Publicity" is merely the use of the press, radio, or other means to

educate the public regarding certain individuals, services, projects, or products, while "public relations" is very similar and is employed

extensively in industry and government as a means of educating the

general public by furnishing authoritative information on matters

with which they should be vitally concerned, but probably with which

they are not very well acquainted.

Advertising, salesmanship, publicity, and public relations all rightfully come under the heading of "education" and should be employed

extensively in the weights and measures field. It is certain that the

general public, including our higher public officials, has never been

sold upon the true value and importance of efficient weights and

measures administration. If this job of selling, or educating, as you

might choose to describe it, is ever accomplished, it must be done by

weights and measures officials. If we are to put this job over, we must

be good salesmen. In order to be good salesmen, we must know our product ourselves and must educate others as to its virtues and values.

We must employ advertising, salesmanship, publicity, and publicrelations in making this sale.

Your Committee has learned that the status of weights and measures

education in this country is very little different from what it is in some

of the other countries of the world. A current issue of "The Monthly

Review," the journal of the Incorporated Society of Inspectors of

Weights and Measures of Great Britain, carries a very interestingpaper under the title "Public Relations and the Inspector." This

article was written by Mr. J. H. Sowden Hall, a weights and measures

officer in England. His paper indicates that the situation in Great

Britain is almost parallel with that in the United States. He talks of a great need for education of weights and measures officers themselves,

as well as that of the general public. Every weights and measures

officer in this country should read Mr. Hall's paper. If enough of

you are interested, your Committee will try to make it available

to you.

Getting back to the question "What can we do to provide better

education for weights and measures officers?" your Committee has a few definite suggestions and recommendations. One suggestion is that more of our States appoint Educational Committees to work with

and assist your National Committee. Such committees have been

authorized by the Indiana, Michigan, Virginia, New York, Texas, and

Southern Weights and Measures Associations. Possibly other State

Associations have authorized the appointment of similar committees

without our knowledge. We do not know of any particular activity,

since the war, on the part of these State committees, but we do hope

that more such committees will be appointed and that they all become

very active in this field.

We recommend that more State and regional weights and measures
120 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

associations be organized and that more Conferences and Schools of

Instruction be sponsored.

We believe that the field of visual education should be added to our

list of activities. R. D. Thompson of Virginia, a member of this Committee, has been making a study of the possibilities in this field and

has been in touch with the Virginia Department of Education regarding the possibilities of producing one or more weights and measures

educational films. Mr. Thompson's research in this field is not

complete ; in fact, it has not progressed far enough for the Committee

to make definite recommendations at this time. We do believe that

it has great possibilities, and we solicit the cooperation of everyone

interested in helping to work something out that will be definitely

worthwhile.

Your Committee feels that weights and measures administration in

this country has not kept abreast with the times when its importance

to commerce and industry, as well as to the individual consumer, is taken into consideration. We have watched other governmental

services improve in efficiency and broaden their scope, while we have,

more or less, been at a standstill.

Why have these other governmental agencies increased in knowledge,

in efficiency, and in public favor? There must be a reason. We know

that our law enforcement agencies, such as State Police, County

Sheriffs, Constables, and City Police, have increased their efficiency

at least twofold during the past 10 years or so. At the same time

they were increasing their efficiency they were also increasing their

popularity with the people. How has this been brought about? It is

the opinion of your Committee that the greatest contributing factor

to this vast improvement in our law enforcement agencies has been

brought about through the schools sponsored and conducted under

the supervision of the Federal Bureau of Investigation. We do not

believe that there is any doubt about this.

The Federal Bureau of Investigation, with the cooperation of certain

educational institutions and State and city police departments, has

selected specially suited officers to take specialized training. These

men have been schooled in various phases of law enforcement. Many

of them have been specially trained as Police School Instructors, that

they might return to their respective jurisdictions and conduct local

Law Enforcement Training Schools.

It is the opinion of your Committee, and we so recommend, that

this Conference go on record as requesting the National Bureau of

Standards to give thought and consideration to the possibility of

establishing and sponsoring a technical training school for weights

and measures officials. It is our thought that in the beginning the

students for such school should be selected from men desiring to make

weights and measures administration then career and who have teaching ability, so that they could go back to their own and adjoining

States and help conduct similar schools of instruction, where local

officers could attend. Your Committee does not propose to recommend a curriculum for such a school at this time. However, we do

feel that the course should include practical training, including work

on actual weighing and measuring devices.

A weights and measures officer without the proper and necessary

knowledge and training is often embarrassed when he finds it necessary
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 121

to take a case into court. We believe that this situation oftens keeps an inspector from performing his duties in a more efficient manner.

A good defense lawyer, in a weights and measures case, usually starts

working on the State's expert to disclose just how much basic knowledge he possesses on the working tools of his profession. Your Committee feels that a school such as we have recommended, properly

conducted and followed up with similar local schools, would close

this gap, where such gap exists. This recommendation has been

discussed with representatives of the Bureau of Standards. They are not averse to the suggestion and the Committee feels that we would

receive their whole-hearted cooperation and support.

In closing, we wish to thank each and every person who has co- operated with the Committee during the year. Especially do we

want to thank all of those officials who sent us reports on the educational activities in their jurisdictions. They revealed many interesting facts which time and space will not permit us to include in this

report.

(Signed) W. S. Bussey, Chairman,

Erling Hansen,

A. J. Jensen,

R. D. Thompson,

E. F. Usher,

Robert Williams,

L. E. Witt,

Committee on Weights and Measures Education.

(The Report of the Committee on Weights and Measures Education was duly

adopted.)

(At this point, at 12:25 p. m., the Conference recessed for luncheon.)
FIFTH SESSION AFTERNOON OF WEDNESDAY, SEPTEMBER 24, 1947

(The Conference reassembled at 2:10 p. m., C. C. Morgan, Vice President of

the Conference, presiding.)

THE REGULATION OF REPAIRMEN

By Ralph W. Smith, Secretary, National Conference on Weights and Measures

A year ago, during the Thirty-second National Conference, it was

suggested to me that a system of control over the men and agencies

engaged in the business of repairing commercial weighing and measuring devices for hire, based on bonding rather than licensing, offered

possibilities of a solution to the problem about which many had complained for years but about which no one seemed inclined to do very

much. It was suggested further that weights and measures officials

had an interest in the solution of this problem, a problem which was of

direct concern to those in the repair business and of secondary concern

to those in the business of manufacturing weighing and measuring

devices.

The more I considered these suggestions the more probable it appeared that a suitable bonding system of control would effectively do

one thing which a licensing system alone would not do, namely, provide financial protection for the equipment owner who paid for a good

repair job, but failed to get it, and for the one whose equipment was

damaged by an incompetent mechanic in the course of unsuccessful

efforts to make repairs; accomplishment of this objective has longbeen a desideratum among weights and measures officers. Furthermore it appeared probable that from such a system there should also

flow the corollary advantages, of importance to the general success

of weights and measures supervision, of the automatic elimination of

incompetent and unscrupulous mechanics and the elevation to a higher

level of the whole business of repairing weighing and measuring

devices.

Feeling as I did it required not too much persuasion to prevail upon

me to accept a place on the program of the 1947 meeting of the National Scale Men's Association held in Kansas City, to present my

views. The paper which I presented was prepared after consultation

with numerous persons having varied interests in the general problem

many constructive suggestions were received from these sources, for

all of which I wish at this time to make grateful acknowledgment. It quickly became apparent that to be of maximum assistance I should

be in a position to offer for study a suggested bill designed as the

legal basis for the system of regulation being proposed ; such a bill was

worked out, again with the valuable assistance of others than myself,

and was incorporated in the paper as an appendix. Copies of the completed paper were supplied by me to State weights and measures offices

122
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 123

just prior to the Kansas City meeting. As material falling within the

scope of its interest, the suggested bill was made available to the

National Conference Committee on Legislation.

The paper was presented as the concluding item of the morning

session of the NSMA meeting on May 1, 1947; there was no discussion.

At the afternoon executive session on that day there was presented

and adopted a report by an Association committee on the qualification

of repairmen; this report was to the effect that (1) neither licensing nor bonding provides a solution, (2) adequate enforcement of existing

laws by weights and measures departments is all that is needed,

(3) bonding will not give the desired protection, (4) multiple bonding

will be required, and (5) responsible companies will be burdened by

having to pay bonding fees. Following the adoption of this report

there ensued a discussion lasting for perhaps an hour, in the course

of which several suggestions were made and debated for formalizing

an expression of the Association attitude toward licensing and bonding

of repairmen and agencies; these included a motion (later withdrawn)

to endorse the principle of bonding, a motion to oppose both licensing

and bonding, and a substitute motion that it was the sense of the

meeting that the whole subject required more study. Majority

sentiment, particularly on the part of the representatives of equipment

manufacturers, appeared to be opposed to the endorsement of any

system of regulation, but the final Association action was the tabling

of both pending motions.

In my paper I announced the intention of presenting my ideas on

the bonding of repairmen and repair agencies to the National Conference. In view of the unfavorable reception accorded these ideas

by a representative group of the persons proposed to be regulated,

and of the reaction of the Committee on Legislation of this Conference

to the proposed model bill as expressed in the Committee report

already in your hands, I shall refrain at this time from any elaboration

of the abuses needing correction or of the ways in which the proposed

State legislation might be expected to correct these abuses. However,

I do propose that, in the absence of objection from this Conference,

there be included as an Appendix to the printed report of this meeting,

the full text of the paper delivered before the National Scale Men's

Association, to make this a matter of record for whatever value it

may have in possible future discussions on the regulation of equipment

repairmen and repair agencies. 11

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON LEGISLATION, PRESENTED BY ROLLIN E. MEEK, CHAIRMAN 12

Your Committee on Legislation has had under consideration, during

the past year, proposed Federal Standard Food Package Legislation

and a proposed model bill calling for the bonding of repair agencies

and those engaged in making repairs on weighing and measuring

devices. The two proposals will be discussed in the order named and

separate recommendations made for your consideration.

11 See page 179.

> 2 To conserve the time of the Conference, this report was shortened in oral presentation; the complete

text is here presented.
124 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

FEDERAL STANDARD FOOD PACKAGE LEGISLATION

For more than a decade, the subject of food package standardization

has been an extremely live one with weights and measures officials

throughout the country. Their interest in it and their firm, belief that

standardization is a desirable objective in weights and measures supervision has resulted in the subject being discussed and action taken

during numerous meetings of the National Conference on "Weights and

Measures.

Since the history surrounding proposed food package standardization is a matter of record and may be studied in the various reports

of Conference meetings, your Committee is of the opinion that little

good can be accomplished by taking the time necessary to review it as a part of this report . It should suffice to point out that the Committee on Legislation again became interested in the subject as a

result of action taken during the Conference held last year. At that

time, the Conference approved the recommendation of the Special

National Conference Committee on Conference Standard Food

Package Bill which was that the matter of food package standardization be referred to the Conference Committee on Legislation.

The Committee on Legislation, hoping to benefit from, the efforts

and experiences of former Committees, began with H. R. 6784, the

Federal Standard Food Package Bill introduced , at the instigation of

the National Conference, into the Second Session of the 77th Congress,

March 13, 1942, by Congressman Somers of New York. This Bill,

unlike former proposals designed to bring about food package standardization, was never accorded a hearing. This may partially explain

why the Committee began its labors under the impression that the

major objection to the bill came from, groups vitally concerned with

the packaging and marketing of fresh fruits and vegetables.

In redrafting H. R. 6784, the Committee specifically eliminated

fresh fruits and vegetables from, its requirements and made various

minor clarifying changes. The text of the new bill is as follows:

A BILL

To prohibit the movement in interstate commerce of packages of food not of the

standard units of weight or measure herein prescribed, and for other purposes.

Be it inacted by the Senate and House of Representatives of the United States

of America in Congress assembled, That this Act may be cited as the Federal

Standard Food Package ActSec. 2. For the purposes of this Act

(a) The term "Territory" means any Territory or possession of the United

States, including the District, of Columbia and excluding the Canal Zone.

(b) The term "interstate commerce" means (1) commerce between any State

or Territory and any place outside thereof, and (2) commerce within the District

of Columbia or within any Territory not organized with a legislative body.

(c) The term "Administrator" means the Administrator of the Federal Security

Agency.

(d) The term "person" includes individual, partnership, corporation, and

association.

(e) The term "food" means articles used for food or drink for man except

maltous, vinous, and spirituous liquors and fresh fruits and vegetables.

(f) The term "dry and solid food" means food commercially marketed in the

dry or solid state.

(g) The term "liquid food" means food commercially marketed in the liquid

state.

(h) The term "canned food" means food sealed in containers and processed by

heat to prevent spoilage.
1

THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 125

(i) The term "package" means any closed container of food and the contents

thereof which comprise the unit for sale or delivery commonly known as the "retail package" and commonly offered for sale to the ultimate consumer in retail outlets; the term is not to be construed to include packages commonly comprising the

wholesale unit of sale, notwithstanding that such packages may at times be purchased by ultimate consumers and by hotels, restaurants, and the like. Sec. 3. The following standard units' are hereby established for packages, the

specified quantities being the net contents of the packages filled insofar as possible

without impairment of quality:

(a) For dry and solid foods, except canned foods: One ounce, two ounces, four

ounces, eight ounces, twelve ounces, one pound, one and one-half pounds, and

multiples of one pound, avoirdupois weight: Provided, however, That whenever

the Administrator finds, after investigation, that with respect to. a particular dry

or solid food comprising relatively large individual items or pieces, the interests

of consumers will more adequately be served by standardization upon the basis of count than upon the basis of weight, he shall, by regulation, publish this finding

and fix the number of said items or pieces which shall constitute the standard

units for packages of such food.

(b) For liquid foods and for canned foods: One ounce, two ounces, four ounces,

eight ounces, twelve ounces, one pint, one and one-half pints, one quart, three

pints, two quarts, three quarts, one gallon, and multiples of one gallon, United

States liquid measure.

(c) For foods, except canned foods, which are essentially or preponderantly

solid at sixty-eight degrees Fahrenheit: Packages as specified in subsection (a) of this section.

(d) For foods which are essentially or preponderantly liquid or viscous at sixty-eight degrees Fahrenheit: Packages as specified in subsection (b) of this

section.

(e) For foods, except canned foods, which are semisolid: Packages as specified in either subsection (a) or subsection (b) of this section in accordance with

general consumer usage.

Sec. 4. The following acts and the causing thereof are hereby prohibited:

(a) The introduction or delivery for introduction into interstate commerce,

the receipt in interstate commerce and the delivery or proffered delivery thereof

for pay or otherwise, and the packing, proffering for sale, or selling in any Territory of food in packages which are not of the standard units as defined in section

3 of this Act, except as follows:

(1) Ice creams and other' frozen desserts may be packaged as specified in either

section 3 (a) or section 3 (b).

(2) Carbonated beverages may be packaged in units of six ounces, United

States liquid measure.

(3) The provisions of this section shall not apply to packages of dry, solid,

semisolid, and viscous food containing amounts of less than one ounce avoirdupois

weight or to packages of liquid food containing amounts of less than one ounce, United States liquid measure.

(4) Small packages of particular dry or solid foods containing not more than

six pieces or units whenever compliance writh the provisions of this section is impracticable may be exempted by regulation.

(b) The refusal to permit access to or copying of any records as required by

section 9.

(c) The refusal to permit entry or inspection as authorized by section 10 or

to extend necessary facilities for inspection as required by section 10.

(d) The giving of a guaranty or undertaking referred to in section 12 which

guaranty or undertaking is false, except by a person who relied upon a guaranty

or undertaking to the same effect signed by, and containing the name and address

of, the person residing in the United States from whom he received in good faith

the packages of food.

Sec. 5. Nothing in this Act shall be construed as exempting any packages of food from all applicable provisions of the Federal Food, Drug, and Cosmetic ^ct.

Sec. 6. Whenever the Administrator finds, after investigation and opportunity

for hearing, that with respect to particular packages of food it is needful, for the

promotion of honesty and fair dealing in the interest of consumers

(a) To limit the packaging of particular dry or solid foods, when in packages

of more than one pound, to certain multiples of the pound, he shall prescribe, by

784131—48 10
126 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

regulation, standard pound multiples for packages of such foods; when standard

pound multiples have been so prescribed, packages of the food in question shall be held to comply with this Act only when of the prescribed pound multiples.

(b) To establish exemptions, with respect to particular foods, from the provisions of section 3 of this Act, he shall, by regulation, prescribe such exemptions.

(c) To require on any package of food a declaration of the count and/or of the

size and/or of the weight of the individual items or pieces of food contained

therein, he shall, by regulation, prescribe such a declaration; when any such

declaration has been so prescribed, packages of the food in question shall be

held to comply with this Act only when they bear such declarations.

Sec. 7. The Administrator shall promulgate regulations for the efficient en- forcement of this Act.

Sec. 8. The Administrator is authorized to conduct examinations and investigations for the purposes of this Act through officers and employees of the Federal

Security Agency or through any weights-and-measures or food officer or employee

of any State, Territory, or political subdivision thereof, duly commissioned by

the Administrator as an officer of the Federal Security Agency.

Sec. 9. For the purpose of enforcing the provisions of this Act, carriers engaged

in interstate commerce, and persons receiving packages of food in interstate commerce or holding such packages so received, shall, upon the request of an

officer or employee duly designated by the Administrator, permit such officer or employee, at reasonable times, to have access to and to copy all records showing the movement in interstate commerce of any package of food, or the holding

thereof during or after such movement, and the quantity, shipper, and consignee

thereof; and it shall be unlawful for any such carrier or person to fail to permit

such access to and copying of any such record so requested when such request is accompanied by a statement in writing specifying the nature or kind of package

of food to which such request relates: Provided, That evidence obtained under

this section shall not be used in a criminal prosecution of the person from whom

obtained: Provided further, That carriers shall not be subject to the other

provisions of this Act by reason of their receipt, carriage, holding, or delivery

of packages of food in the usual course of business as carriers. Sec. 10. For purposes of enforcement of this Act, officers or employees duly

designated by the Administrator are authorized (1) to enter, at reasonable times,

any factory, warehouse, or establishment in which packages of food are manufactured, packaged, packed, or held, for introduction into interstate commerce

or are held after such introduction, or to enter any vehicle being used to trans- port or hold such articles of food in interstate commerce; and (2) to inspect, at reasonable times, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling

therein. The owner, operator, or custodian of such factory, warehouse, establishment, or vehicle shall extend any necessary facilities for such inspection.

Sec. 11. (a) The Secretary of the Treasury shall deliver to the Administrator,

upon his request, samples of packages of food which are being imported or offered

for import into the United States, giving notice thereof to the owner or consignee, who may appear before the Administrator and have the right to introduce

testimony. If it appears from the examination of such samples or otherwise

that such packages of food are in violation of the provisions of this Act, then such

packages of food shall be refused admission.

(b) The Secretary of the Treasury shall refuse delivery to the consignee and

shall cause the destruction of anv such package of food refused admission, unless

such package of food is exported by the consignee within three months from the

date of notice of such refusal, under such regulations as the Secretary of the

Treasury may prescribe: Provided, That the Secretary of the Treasury may

deliver to the consignee any such package of food pending examination and

decision in the matter on execution of a bond as liquidated damages for the amount

of the full invoice value thereof together with the duty thereon and on refusing

for any cause to return such package of food to the custody of the Secretary of

the Treasury when demanded for the purpose of excluding it from the country,

such consignee shall forfeit the full amount of the bond as liquidated damages.

Sec. 12. (a) Any person who violates any of the provisions of this Act shall be

guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than one year, or a fine of not more than $500.00, or both such

imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 127

imprisonment for not more than two years, or a fine of not more than $5,000, or both such imprisonment and fine. (b) No person shall be subject to the penalties of subsection (a) of this section,

(1) for having received in interstate commerce any package of food and delivered

it or proffered delivery of it, if such delivery or proffer was made in good faith,

unless he refuses to furnish on request of the Administrator the name and address

of the person from whom he purchased or received such package of food and copies

of all documents pertaining to the delivery of the package of food to him; or (2) for having violated section 4 (a) if he establishes a guaranty or undertaking signed

by, and containing the name and address of, the person residing in the United

States from whom he received in good faith the package of food, to the effect that

such package of food is not a package of food which may not, under the provisions

of this Act, be introduced into interstate commerce.

Sec. 13. (a) Any package of food that is not of a standard unit as defined in

section 3 of this Act, when introduced into or while in interstate commerce, shall be liable to be proceeded against while in interstate commerce, or any time thereafter, on libel of information and condemned in any district court of the United

States within the jurisdiction of which the package of food is found.

(b) The package of food shall be liable to seizure by process pursuant to the

libel, and the procedure in cases under this section shall conform, as nearly as may

be, to the procedure in admiralty ; except that on demand of either party any issue

of fact joined in any such case shall be tried by jury. When libel for condemnation proceedings under this section, involving the same claimant and the same

issues, are pending in two or more jurisdictions, such pending proceedings, upon

application of the claimant seasonably made to the court of one such jurisdiction,

shall be consolidated for trial by order of such court, and tried in (1) any district selected by the claimant where one of such proceedings is pending; or (2) a district

agreed upon by stipulation between the parties. If no order for consolidation is so made within a reasonable time, the claimant may apply to the court of one such

jurisdiction and such court (after giving the United States attorney for such district reasonable notice and opportunity to be heard) shall by order, unless good

cause to the contrary is shown, specify a district of reasonable proximity to the

claimant's principal place of buiness, in which all such pending proceedings shall be consolidated for trial and tried. Such order of consolidation shall not apply

so as to require the removal of any case the date for trial of which has been fixed. The court granting such order shall give prompt notification thereof to the other

courts having jurisdiction of the cases covered thereby.

(c) The court at any time after seizure up to a reasonable time before trial shall by order allow any party to a condemnation proceeding, his attorney or

agent, to obtain a representative sample of the package of food seized.

(d) Any package of food condemned under this section shall, after entry of the

decree, be disposed of by destruction or sale as the court may, in accordance with

the provisions of this section, direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such

package of food shall not be sold under such decree contrary to the provisions of

this Act or the laws of the jurisdiction in which sold: Provided, That after entry

of the decree and upon the payment of the costs of such proceedings and the execution of a good and sufficient bond conditioned that such package of food shall not

be sold or disposed of contrary to the provisions of this Act or the laws of any

State or Territory in which sold, the court may by order direct that such package

of food be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this Act under the supervision of an officer or employee duly designated by the Administrator, and the expenses of such supervision

shall be paid by the person obtaining release of the package of food under bond.

(e) When a decree of condemnation is entered against the package of food, court costs and fees, the storage and other proper expenses, shall be awarded

against the person, if any, intervening as claimant of the package of food.

(f) In the case of removal for trial of anv case as provided by subsection (a) or (b)—

(1) The clerk of the court from which removal is made shall promptly transmit

to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction.

(2) The court to which such case was removed shall have the powers and be

subject to the duties, for purposes of such case, which the court from which

removal was made would have had, or to which, such court would have been

subject, if such case had not been removed.
128 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Sec. 14. Before any violation of this Act is reported by the Administrator to any United States attorney for institution of a criminal proceeding, the person

against whom such proceeding is contemplated shall be given appropriate notice

and an opportunity to present his views, either orally or in writing, with regard

to such contemplated proceedings.

Sec. 15. Nothing in this Act shall be construed as requiring the Administrator

to report for prosecution, or for the institution of libel, minor violations of this Act whenever he believes that the public interest will be adequately served by a

suitable written notice or warning.

Sec. 16. All such proceedings for the enforcement of this Act shall be by and

in the name of the United States. Notwithstanding the provisions of section 876

of the Revised Statutes, subpenas for witnesses who are required to attend a

court of the United States, in any district, may run into any other district in any

such proceedings.

Sec. 17. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances 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.

Sec. 18. This Act shall take effect twelve months after the 1st day of January

next succeeding its enactment: Provided, That if, upon investigation, the Administrator finds that with respect to particular packages of food compliance with the

provisions of the Act cannot reasonably be accomplished by the time of the effec- tive date of the Act, he shall promulgate a regulation postponing the effective date

with respect to such packages of food for such reasonable period as in his best

judgement may be necessary in the circumstances, and may similarly further

postpone such effective date, and such regulations may be promulgated and

shall take effect upon the date of promulgation: Provided further, That the provisions of section 8 shall become effective on the enactment of this Act, and thereafter the Administrator is authorized to promulgate regulations which shall become

effective on or after the effective date of this Act as the Administrator shall direct. The bill was mimeographed, and copies, together with a letter calling

attention to a public hearing, was sent to several hundred manufacturers, processors, food distributors, consumer groups, etc. The hearing, held in the Indiana State Board of Health Building in Indianapolis on June 17, was attended by Rollin E. Meek and Joseph F. Blickley

as members of the Committee on Legislation and approximately thirty

representatives of industry.

The Committee was of the opinion that the holding of a public

hearing on the Bill would be of great benefit to it and the Conference

as it would give all interested groups—both favorable and unfavorable

an opportunity to express their views. The Committee retains that

opinion regardless of the fact that the hearing disclosed little or no

support for the bill. Through the efforts of Committee members and

representatives of industry most of the arguments, both for and

against the bill, were thoroughly explored.

Each person attending the hearing was given an opprtunity to

express his views and, before the meeting adjourned, all were invited

to file briefs covering their positions with respect to the bill. Copies

of these briefs, together with copies of letters and telegrams received

from many unable to attend the hearing, were provided each member of

the Committee on Legislation and the Secretary of this Conference for

further study and as -a matter of record. Without exception, the

positions taken by all representatives of industry who have made their

position known, is either in opposition to the bill or requesting exemption from, its provisions as they relate to their particular industry.

Your Committee is of the opinion that some of the minor objections

raised to the bill might be taken care of by amendments. However,

the unanimity of the opposition and the debatable objections raised,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 129

would seem to make it inadvisable to press for the enactment of Federal Standard Food Package legislation, particularly at this time. The

objections most strongly urged against the bill may be summarized as

follows:

1. The tremendous cost to industry, which cost would ultimately

be passed on to the consumer, to change its food packaging machines

so that various food items could be packed according to the standards

proposed.

2. Industry is geared for the manufacture of the sizes which are now

being produced. Standardization, as proposed, would interfere with

all-out production, encourage inflation, and would retard the foreign

relief program.

3. Various ready-to-eat breakfast foods, biscuits, crackers, etc., are being packaged in containers standardized by shape and volume rather

than by weight. This permits the use of the same packaging materials,

packaging machinery, and plants to package a variety of products.

This would not be the case, due to the different densities and non- uniform weights of the foods mentioned, if required to be packed on a standard-weight basis.

4. The impossibility of canning fruits, vegetables, meat products,

sea foods, etc., having different specific gravities, on a net-content

liquid-capacity basis without creating a multiplicity of slightly different can sizes or violating slack-fill provisions of existing law.

5. Food package standardization would endanger such practices as packaging food items on the basis of servings; as ingredients for making

certain amounts of finished products of approved quality and palatability; to sell for the "majic" five and ten cent prices; and in containers

which often have some definite value to the purchaser.

The foregoing are cited as major objections which were raised to the

proposed legislation during the June 17 hearing, but the Committee

felt that these should not be accepted as "closing the door" against any

future efforts to bring about food package standardization. However,

these objections were considered to be sufficiently important to make

highly questionable any insistance on the part of the Conference for the

enactment, at this time, of legislation based on the proposed bill. Your Committee takes the position that much good has been

accomplished by the efforts of the National Conference on Weights

and Measures to bring about the enactment of Federal standard food

package legislation. Representatives of industry, consumer groups,

and others have appeared on our Conference programs. We have

sat with these representatives in committee meetings and, at every

opportunity, have debated the subject from our respective viewpoints.

This, undoubtedly, has brought about a better understanding on the

part of industry as to the abuses we hoped to correct. Likewise, the

Conference should now have a better understanding of many of the

difficulties which would confront industry if the proposed legislation were enacted.

Industry has gone on record as favoring the elimination of unnecessary package sizes by voluntary agreement and to limit packaging to

those sizes which have met with substantial consumer acceptance.

In the absence of legislation bearing on food package standardization,

!
130 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

we trust that the position taken by industry will result in fewer package sizes and easily discernable differences in those used, particularly

in the packaging of the same product.

RECOMMENDATIONS ON PROPOSED FEDERAL STANDARD FOOD PACKAGE BILL

The Committee recommends that the proposed food package

standardization bill be left in the hands of the Committee on Legislation for further study and that no action be taken to bring about its

introduction into the Congress until greater public support is obtained

and it can be redrafted in such a manner that it will prove to be more

acceptable to industry than it is in its present form. In the meantime, the Conference should encourage and be of every assistance

possible to those industries wishing to have standardization legislation

enacted for their particular products, as has been the case'—on a State

level—with such foods as flour, milk, bread, eggs, etc.

BONDING OF REPAIR AGENCIES, ETC.

As a result of considerable agitation on the part of weights and

measures officials and scalemen for legislation either licensing or bonding repair agencies and those engaged in making repairs on weighing and measuring devices, your Committee was asked to give consideration to a proposed model bill to be known as the "Weights and

Measures Repairman Act of 19 " The proposed bill was drafted

by Ralph W. Smith, Secretary of the Conference, and was presented,

together with a paper on the subject, to the 28th National Scale

Men's Convention at its meeting held in Kansas City, Missouri, last

Spring.

While several States have enacted legislation of this type, based

on either licensing or bonding principle, this is the first time the

Conference has, so far as the Committee has been able to determine,

been asked to consider a specific bill. The fact that several speakers

have addressed the Conference on the subject, the fact that a number

of State weights and measures officials are known to favor the early

enactment of such legislation, and the interest shown by the National

Scale Men's Association, were major factors in bringing about Mr.

Smith's decision to draft a bill for the consideration of all interested

parties. The text of the proposed bill is as follows:

A PROPOSED MODEL BILL

to be known as the

"Weights and Measures Repairman Act of 19_."

A bill, To provide financial protection for the owners of weighing and measuring

devices upon which repairs are undertaken by commercial repairman and repair

agencies, by requiring the bonding of such repairmen and repair agencies, and

for other related purposes.

Section 1. This Act may be cited as the "Weights and Measures Repairman Act

of 19__", and shall be administered and enforced by the State Superintendent of

Weights and Measures. The State Superintendent of Weights and Measures shall issue from time to time reasonable regulations for the administration and en- forcement of this Act. Section 2. No person shall engage in the repair, for hire, of commercial weighing or measuring devices unless such person is bonded, on a form prescribed by

the Superintendent of Weights and Measures, as a "repairman" or a "repair
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 131

agency" as provided by this Act. This section shall be construed to require

bonding (1) as a "repairman" iii the case of any person who, as an individual and

not as an employee of a repair agency, undertakes the repair of any commercial

weighing or measuring device not owned or operated by himself, when any charge

is made or to be made for such repair, and (2) as a "repair agency" in the case of

any firm which, through its employees, undertakes the repair of any commercial

weighing or measuring device not owned or operated by it, when any charge is made or to be made for such repair.

Section 3. The bonds required by section 2 of this Act shall be surety bonds,

issued by companies licensed to do business in this State. The bond for a repairman shall be in the sum of $2,000 and the bond for a repair agency shall be in the

sum of $5,000. All bonds shall be conditioned (1) upon compliance with the

provisions of this Act, and (2) upon such repairs as are defined in section 2 of this

Act being so made that, upon the first test of a repaired device by a State or

local weights and measures officer of this State at any time within 30 days after

completion of the repairs, the repaired device will meet all applicable requirements of the specifications and tolerances for commercial weighing and measuring

devices and of the laws relating to such devices which are in effect in this State

at the time the repairs are undertaken.

Section 4. Executed bonds required by section 2 of this Act shall be approved

by the State Attorney General and shall then, be filed with the State Superintendent of Weights and Measures. Any bond given in compliance with this Act may

be canceled by the surety by giving 30 days notice to the State Superintendent of

Weights and Measures by registered mail.

Section 5. Any person failing to repair a commercial weighing or measuring

device so that it meets the requirements specified in section 3 of this Act when

tested as prescribed therein, having undertaken for hire so to do, shall promptly

make such further repairs as may be needed to accomplish this result, or shall cancel the repair charges and refund any part of the repair charges which have

already been collected, and, in addition, shall reimburse the owner of the device

for any damage to the device which may have been caused by such person in the

course of his efforts to repair the device. Written certification by the weights and

measures official making the test, to the effect that a device fails to meet the

applicable requirements of the law and of the specifications and tolerances for commercial weighing and measuring devices, shall be prima facie evidence of this

fact.Section 6. If any person bonded under this Act fails to make proper refund,

payment, and/or reimbursement to the owner of a commercial weighing or measuring device as required by section 5 of this Act, within 30 days following abandonment of efforts to repair a device, the owner of the device shall be entitled to recover from the offender's surety the full amount of such refund, payment, and/or

reimbursement, together with the full amount of any legal costs, including

attorney fees, necessarily incurred in effecting such recovery: Provided, however,

That the aggregate liability of the surety to all owners shall in no event exceed

the sum of said bond.

Section 7. The State Superintendent of Weights and Measures shall publish,

from time to time, for the information of owners of weighing and measuring devices, lists of individuals and firms who are bonded under the provisions of this

Act, and shall issue for the use of each such bonded individual and firm, credentials setting forth the fact that such individual or firm is bonded under this Act. Section 8. Any person who, by himself or by his servant or agent, or as the

servant or agent of another, shall violate any provision of this Act shall be guilty

of a misdemeanor, and shall be punished by a fine of not less than $25 or more than

$200, or by imprisonment for not more than 3 months, or by both such fine and

imprisonment, upon a first conviction in any court of competent jurisdiction; and

upon a second or subsequent conviction in any court of competent jurisdiction, he

shall be punished by a fine of not less than $50 or more than $500, or by imprisonment in the county jail for not more than 1 year, or by both such fine and imprisonment.

Section 9. As used in this Act:

(a) The word "person" shall be construed to include individuals, partnerships,

corporations, companies, societies, and associations.

(b) The word "firm" shall be construed to include partnerships, corporations,

companies, societies, and associations.

(c) The term "repair agency" shall be construed to mean a firm which employ-
132 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

one or more individuals to repair, for hire, commercial weighing or measuring

devices owned or operated by others.

(d) The words "commercial weighing and (or) measuring device" shall be

construed to include all weights, measures, and weighing or measuring devices

commercially used or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or con- sumption, purchased or offered or submitted for sale, hire, or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.

(e) The word "repair" shall be construed to import servicing of any kind, in- cluding reconditioning, repairing, replacement and modification of parts, and

adjustment for accuracy.

SUPPLEMENT

A suggested form of bond to be used under the foregoing bill. KNOW ALL MEN BY THESE PRESENTS, That we,

as Principal, and as Surety, are held and firmly bound

unto the Superintendent of Weights and Measures of the State of

in the penal sum of I ($ ) Dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these

presents.

Signed, sealed and dated this day of 19

The condition of this bond is such that whereas the above bounden Principal

has been duly designated as a

(Insert Repair Man or Repair Agency)

by the Superintendent of Weights and Measures, and as such is authorized to repair for hire commercial weighing or measuring devices.

NOW, THEREFORE, if the said principal shall comply with all provisions of the law relating to such work, and shall make repairs on such weighing or measuring devices so they shall, if tested within thirty (30) days after completion

of such repairs, meet all the requirements of specifications and tolerances for commercial weighing and measuring devices required by law in this State at the time such repairs are undertaken, then this obligation to be void, otherwise to remain in full force and effect. The Surety on this bond may cancel its liability as to future repairs undertaken by the Principal on thirty (30) days notice to the State Superintendent of

Weights and Measures, such notice to be sent by registered mail.

The Surety's liability for any one or more acts of the Principal shall not exceed

in the aggregate the penal sum of this bond.

Principal

Surety

The discussion which followed the presentation of Mr. Smith's

paper during the Convention of the National Scale Men's Association

clearly demonstrated that the great majority of scalemen are now

opposed to the general enactment, by the States, of legislation either

licensing or bonding repairmen of weighing and measuring equipment.

Much of the opposition seems to be based on two premises: (1) many

States do not have weights and measures departments sufficiently

adequate to administer a law of this kind, and (2) uncertainty as to

whether the States enacting such laws would enter into reciprocal

agreements whereby repairmen operating in two or more States would

not have to be licensed or bonded in all such States.

Furthermore, a division of opinion exists in the Committee on

Legislation as to whether legislation based on the licensing or bonding

principle would be the more desirable. Strong arguments have been
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 133

advanced for and against both principles, and this lack of agreement

between proponents of such legislation and the general hostility of

those intended to be governed by it, would seem to make it inadvisable

for the Conference to approve a model bill at this time.

The Committee regrets this lack of positive action because, as previously stated in this report, a number of States have already

enacted legislation of this type and others are known to favor it. There is an unquestionable advantage in crystallizing sentiment in

favor of a particular bill, the Conference approving it, and recommending it to the different States for enactment. Continued delay

is certain to result in the passage of many non-uniform laws—the very

thing the Conference has long sought to avoid.

RECOMMENDATIONS ON PROPOSED MODEL BILL BONDING REPAIR AGENCIES,

ETC.:

The Committee recommends that no action be taken on the proposed model bill to be known as the "Weights and Measures Repairman Act of 19 " but that it be included in the records of this Conference as the basis for further study. It is further recommended that

the National Conference on Weights and Measures maintain interest

in this subject and, in cooperation with the National Scale Men's

Association, explore every possibility which may lead to the drafting

of a model bill this Conference can, unhesitatingly, endorse.

Respectfully submitted.

(Signed) Rollin E. Meek, Chairman,

Joseph F. Blickley,

V. D. Campbell,

R. M. Johnson,

Louis E. Witt,

Committee on Legislation.

(The report of the Committee on Legislation was duly adopted.)

REGULATORY RESPONSIBILITIES OF THE FRUIT AND VEGETABLE

BRANCH, UNITED STATES DEPARTMENT OF AGRICULTURE

By T. C. Curry, Chief, Regulatory Division, Fruit and Vegetable Branch, U. S. Department of Agriculture

It would be foolhardy to stand before you today and, in the time

allotted me, attempt to describe all the varied responsibilities of the

Regulatory Division of the Fruit and Vegetable Branch of the Production and Marketing Administration. So, I'm going to touch the high

spots and run rather hastily through a description of our responsibilities in connection with the enforcement of Federal laws relating

to the marketing of produce in interstate or foreign commerce.

These laws include the Standard Container Acts of 1916 and 1928,

the Produce Agency Act, the Perishable Agricultural Commodities

Act, and the Export Apple and Pear Act. In considering these laws,

I am going to discuss the activities carried on under them by the

Department which may be related to the work of weights and measures officials of the States.
134 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Oldest of these laws is the Standard Container Act of 1916, followed

by a similar act in 1928. These fix the standard size of baskets, including hampers, used for fresh fruits and vegetables. The 1916 law

applies to berry baskets and other containers for small fruits, berries,

and vegetables; to till baskets; and to Climax baskets. The 1928 law

applies specifically to hampers, round stave baskets, and splint, or market, baskets. The law regulates both the shape and the size of

the containers through provisions which require submission of specifications for approval, and approval is authorized only if the containers are of proper standard size and if they are not deceptive in

appearance.

In administering these two laws, the Regulatory Division has tried

to develop, and I think has succeeded in developing, a large measure of

uniformity in the specifications and general appearance of the several

standard sizes. This uniformity has made possible the development

of dimensional methods of testing, which give more consistent results

than the volumetric tests and which may be made at the factory or wherever baskets may be found.

The two Standard Container Acts have still the same defects and

inconsistencies that have been noted in other years. Chief of these,

in my own opinion, is their failure to cover other types of containers

used for fruits and vegetables, such as cartons, crates, boxes, and

sacks. The Department, I know, feels that the principle of standardization should extend to all types of containers used for fresh fruits

and vegetables. The need for such standardization will tend to

increase as postwar developments, especially in pre-packaging and air

transport, begin to infringe on old methods and as competition in- creases within the fresh fruit industry, and between the fresh fruit

industry and the processed and frozen segments. Unfortunately,

there does not appear at the present time to be a well-defined movement to attain a wider application of standardization in this field.

Now, let's look at two other regulatory laws—the Proudce Agency

Act, and the Perishable Agricultural Commodities Act.

The relatively prosperous 1920's attracted a great many newcomers

to the fresh fruit and vegetable industry. Some of these people had

very little business experience, and some of them had little regard

for ordinary business ethics. The nature of fresh fruit and vegetable

distribution, with the long distance from farm to market and the

perishability of the commodities involved, made possible all sorts of

"chiseling" on the part of some unscrupulous operators.

Trade leaders tried cooperative measures to bring these bad actors

into line, but none of the measures attempted was successful. As a

result, with the approval and assistance of the industry, the Produce

Agency Act was passed in 1927. Then in 1930, again with the approval and assistance of the industry, the Perishable Agricultural

Commodities Act became a Federal law. Since the passage of this

last-mentioned Act, principal use of the Produce Agency Act (which

is a criminal statute relating only to consignment transactions in

perishable farm products) has been for handling complaints involving

merchandise—such as dairy and poultry products, floricultural

products, shelled nuts, and Christmas trees and greens raised for

commercial purposes—not covered by the Perishable Agricultural

Commodities Act.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 135

Actually, the Perishable Agricultural Commodities Act is the

Government's answer to the clamor of the trade for protection against

unfair practices in the marketing of perishable agricultural commodities in interstate or foreign commerce. Just as an aside, I might

mention that the first Federal law along this line was an emerge ncy

measure known as the Food Control Act, approved August 10, 1917,

which was brought about by World War I conditions.

The fresh fruit and vegetable industry has come a long way since the

Perishable Agricultural Commodities Act became law in 1930. Consumption of fresh fruits and vegetables has increased from 62 billion

pounds in 1930 to a little over 81 billion pounds in 1946. Contributing to this has been an increasing awareness on the part of the con- suming public that the human body needs protective foods; a higher

consumer income level; an upward trend in population; an increased

volume of production; and year-round production and marketing.

The greater portion of the work carried on by the Regulatory

Division relates to the enforcement of the Perishable Agricultural

Commodities Act, and we like to think that this Act, by facilitating

transactions among distributors, has played some part in the marked

upswing in fruit and vegetable consumption.

Under the Act, commission merchants, dealers, and brokers transacting interstate or foreign commerce business must be licensed.

During the first year the Act was in existence, 15,160 licenses were

issued, and about 110,000 have been issued since the law's enactment.

As of June 30, 1947, there were 23,632 licenses in effect. A fee of $10

per annum is charged for each license, so that the Regulatory Division

is more than self-supporting. All money collected is turned over to

the United States Treasury, and each year the amount received

exceeds by $35,000 to $40,000 the expenditures of our offices located

in Washington, New York City, Chicago, Los Angeles, and Winter

Haven, Florida, for administration of the laws I have mentioned.

The Perishable Agricultural Commodities Act prohibits certain

unfair practices in the marketing of fresh fruits and vegetables and is designed to afford remedy to the injured person—buyer, seller, commission merchant, or broker—through the filing of a reparation complaint charging violation of any provision of the Act by anyone who

comes within its scope. Services of the Regulatory Division are for

the benefit of any injured person wishing to make use of them, and

there is no charge for such services.

Among violations, complaints covered include rejection without

reasonable cause, by a buyer; failure, without reasonable cause, of a

seller to make delivery or failure to make good delivery; failure truly

and correctly to account and make full payment; the making of false or misleading statements for a fraudulent purpose; misbranding;

fraudulent representation; and failure to perform some specification or duty. . The Act also requires records of transactions to be made by the

dealer, commission merchant, and broker. These must be preserved

for two years and be available for inspection by designated Department of Agriculture investigators.

Disciplinary proceedings, which usually have for their purpose the

suspension or revocation of the offender's license, may be initiated
136 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

by the Regulatory Division when facts indicate violations of the Act

which would warrant such action.

Initial reparation complaints are filed informally. They are also

first handled informally, with the Division immediately communicating with the party against whom the complaint has been filed and

trying to effect a friendly adjustment of the misunderstanding or controversy. This is ordinarily done by mail, but in urgent cases where highly perishable produce is involved complaints may be

handled by telegraph or telephone. The- Department of Agriculture

has installed a direct line to the Division's "Washington office to enable

the trade to place station-to-station calls. The number is Republic

4118.

We are called upon in the course of a year to handle more than 2,000

complaints. At least 90 percent of them we handle to a conclusion

informally. Failing in all efforts to effect informal settlement, formal

complaint is accepted and submitted to the Office of the Solicitor for

whatever action may be appropriate. If the formal decision, ren- dered by the Secretary of Agriculture, awards reparation, the offender's license is automatically suspended—unless he makes payment

within the time specified in the order or appeals to the U. S. District

Court. The suspension is in effect until the award is paid and

during the period of suspension it is a violation of the law for the

offender to continue to receive, ship, buy, or sell fresh or frozen fruit or vegetables in interstate or foreign commerce.

In the handling of complaints filed under the Act, it is necessary

for the Division to review and interpret the terms of contracts for the

purchase and sale of fruits and vegetables. Many complaints of

short weight are filed—and I will remind you that misbranding a package as to weight is, of itself, ground for action against the offender.

But in making decisions on such complaints, it is necessary, to try to

calculate normal shrinkage, giving consideration to such factors as the length of time the produce has been in transit, the carrier's protective service used, the time of year, etc. The Division, over the

years it has been administering the Act, has built up quite a file of

precedents along these lines. For instance, it has pretty well been

established that up to 2 percent shrinkage in old potatoes may be

considered normal, while in new stock the shrinkage may run as high

as 5 percent.

Another law I must note before concluding is the Export Apple

and Pear Act, passed by Congress in 1933. Under this law, it is unlawful to ship apples and pears moving in foreign commerce without

a certificate issued under authority of the Secretary of Agriculture

showing that the fruit is of a Federal or State grade which meets the

minimum of quality established by the Secretary for shipment in

export.

Realizing that your time is somewhat limited and that you have

many pressing probk^ms confronting you, I have touched only lightly

on the responsibilities of the Regulatory Division. But I'm sure you

all know that further information you may wish at any time is yours

for the asking. My associations with you people have been very

pleasant, and I am very happy to have had the opportunity of meeting

with you today. I hope you will continue to feel free in the future, as yo u have in the past, to call on us at any time we can be of service to you.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 137

FERDINAND RUDOLPH HASSLER, 1770-1843

B.y Ferdinand Rudolph Hassler, M. D., M. P. H., Director, Bureau of Laboratories, Department of Health, State of Oklahoma

It is not the intent or purpose of this paper to outline the complete

history of our system of weights and measures, or to give a detailed

biography of Ferdinand Rudolph Hassler, the first Superintendent.

Obviously this would be quite long and time consuming. However,

I do believe that certain facts concerning the early history of its es- tablishment and a brief resume of the work of Hassler will be of

interest to the members of this Conference.

I think it can be safely stated that the Department of Weights and

Measures was the first scientific division or bureau established by our Government. This was brought about through the great foresight

and scientific interest of Thomas Jefferson, who probably possessed

more general interest and scientific knowledge than any of our early

Government officials. He foresaw the need for standards of weights

and measures, and recommended the adoption of the metric system

in the United States as the official system. Out of this beginning has

grown our National Bureau of Standards and our present system of

weights and measures. As you all know, with the possible exception of our monetary system, this adoption of the metric system was never made. I believe

I am correct in saying that our present system of weights is based

upon the standard kilogram while the standard of measure is the

standard meter.

Although a National Standard of Weights and Measures was

considered and discussed for several years, it was not until November

of 1830 that President Andrew Jackson established the Department

of Weights and Measures in the United States and appointed its first

superintendent. Ferdinand Rudolph Hassler, a Swiss Scientist and

Mathematician, was the man appointed to fill this important position.

No historical sketch of our system of weights and measures could be

written without giving a brief biography of Hassler. It is apparent

that he was considered, both at home and abroad, one of the leading

scientists of his time. He was held in high esteem by his fellow

scientists in America, Europe, and England.

The writer has in his possession a collection of the original letters

and reports of this first Superintendent of Weights and Measures,

which includes letters bearing the signatures of Thomas Jefferson,

President Monroe, and other early Government officials. One of the

original standard kilogram weights that was made in England about

1812 or 1815 is also in the possession of the author.

That Hassler's worth has not gone unnoted by previous Government officials is shown in a letter written by John Vaughan to Thomas

Jefferson, December 20, 1806. 13

13 Dr. Florian Cajari, "The Chequered Career of Ferdinand Rudolph Hassler," page 41, Christopher

Publishing House, Boston, Mass. (1929).
138 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Philad. 20. Dec. 1806.

Thomas Jefferson

President of the U S

Dear Sir

The important object of an universal Standard of Weight and Measure has long

occupied your thoughts; you will therefore learn with pleasure that I have lately

become possessed by purchase from Mr Hassler—one of the French Standard

Toise-Metre,-Kylogram & the English Troy Standard—Which may serve as standards of Comparison, whenever the subject is taken up in this country.

The enclosed memoir of Mr Hassler explains more fully their authenticity &

exactness. For these I gave 150 $ In addition to these I have purchased from him

for 50 $ the different acct8 of the Measurement of degrees in different parts of the

World, upon which these standards have been formed. I have purchased them

for our Society, whenever their funds will admit their taking of them: conceiving

it highly proper that the Country should be possessed of them, & that they cannot

be so properly placed as in the hands of the Society. [American Philosophical

Society of Philadelphia].

Hassler was born in the town of Aarau in the German part of

Switzerland on October 7, 1770. His father, a man of considerable

wealth and influence, had held several public positions in his native

land. This fortunate position of the father enabled the son to secure one of the best scientific educations available at that time. He attended

the University of Bern for seven years, where he was the favorite

student and special friend of Tralles, in Bern, the Astronomer Lalande,

the Chemist Lavoisier, and others. He began the collection of a

scientific and cultural library and, at the time of his departure for

America, this library included five thousand volumes, many of which

were quite rare and expensive. Three thousand volumes were

brought to America where they were later sold, piecemeal, to the

Library of the Military Academy at West Point, the Congressional

Library, the Library of Union College, the American Philosophical

Society, and a few private purchasers.

At the age of sixteen, he was appointed or elected to an important

Government position in his home Canton, in Switzerland (he states

through no effort of his own). He was not content for he had a thirst

for knowledge. After completion of his studies at the University,

Tralles and Hassler made an official survey of Switzerland for the

Swiss Government. In this survey they used new ways and methods,

the most interesting of which was the triangulation system for large

land survey. This system was later used for the Coast Survey in

the United States.

When revolution and turmoil developed in Switzerland and France,

Hassler chartered the ship "Liberty" (350 tons) for Philadelphia and

sailed down the Rhine for America on the 15th of May, 1805. He

brought with him 120 Swiss emigrants and their families. In addition, his diary relates, were his wife, four children, and ninety-six

trunks, boxes, and bales.

He did not come to America to apply his scientific knowledge, but

rather to follow agriculture and to establish a Swiss Colony in one of

the Southern States. Together with two others, a Land Company

had been formed and funds collected to purchase land for the Colony

in the New World. On landing in Philadelphia he found that the

agent for the Company had dissipated the funds and the colonizing

project was abandoned. It is recorded that he made every effort to
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 139

establish his countrymen and fellow emigrants in this country and to

reimburse their financial losses from his own private funds and funds

provided by his father.

Hassler contacted the leading scientific men of this country and

was elected a member of the American Philosophical Society in

Philadelphia. He was appointed Professor of Mathematics at the

U. S. Military Academy at West Point and served there two years.

He then took a similar position at Union College in New York.

When Congress provided funds for the establishment of the Coast

and Geodetic Survey, Hassler was chosen from among many applicants

to be the first Superintendent. Forty thousand dollars (a considerable sum at that time) was appropriated for the purchasing of instruments and other supplies needed for the Survey. His salary was

$5,000.00 a year. He was sent to Europe to purchase and superintend the construction of the precision instruments that were to be used.

He was held in England during the war of 1812 but, at its end, returned

to this country with the "finest set of instruments available in

America or Europe." In this collection were standard weights and

measures and instruments for two astronomical observatories.

In 1818, by an Act of Congress and through political chicanery,

the Coast Survey was turned over to the Army and Navy. Although

Hassler was forced out at that time, later, in the same year, he was

appointed by President Monroe to represent the United States in

the settlement of the boundary between the United States and Canada

and to establish the 45th parallel of latitude.

As was previously mentioned, the office of Superintendent of

Weights and Measures was established and Hassler was appointed

for this post by President Andrew Jackson on November 2, 1830.

His salary was $3,000.00 a year. We have seen that he was particularly

well qualified for this position and one of his first acts was to check

the weights and measures used in the various U. S. Custom Houses.

In an early report he states that there was wide variance in the

weights and measures used in the various U. S. Custom Houses.

Naturally he set about to relieve this situation. One of the first

difficulties was to locate a suitable metalsmith with the ability to

make these weights and measures of copper and brass. Such an

artisan was finally located and the project was completed. Difficulty

was experienced in securing a sufficient amount of zinc. To solve

, this problem, a small smelter was set up back of his office in Washington; a small foundry was also located there. Each Custom House

was provided with a set of standard weights and measures and sets were sent to all of the leading countries of the wodd and to each of

the States of the United States. In his papers he discussed the construction of an elaborate and sensitive balance, the type of which had

I not been previously available.

Contained in one or more of the ninety-six bales and boxes brought

i to America was a standard meter made in Paris in 1799 by the Committee of Weights and Measures, a standard kilogram, a standard Troy

pound, and an iron toise made by Cavinet of Paris. Hassler and

Tralles made two exact copies of toises of Lalande and those were

also brought to this country. The Troy Pound used in the U. S.

; Mint had been checked against Hassler's Standard Troy Pound and
140 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

found to be accurate. Hassler's processes of weights made it desirable to ascertain accurately the limit of expansion of water and mercury under varying temperatures. He undertook elaborate experiments on this subject which were quite in advance of determinations

previously made. He determined 39.83° F to be the maximum density

and suggested that water at its maximum density be taken as a unit

for researchers on specific gravity. (The mean of results obtained by

later investigation found the temperature at 39.24, which was .59

of a degree F lower than Hassler's figure.) He called in standards of

weights and measures from foreign countries and compared them to our own, pointing out that such comparison was necessary because

most of the foreign standards had been recently revised so that the

Cambists used by the Custom Houses were antiquated. As he said,

"The differences existing at the various seaports were ruinous to the

honest merchant."

A complete set of weights and measures were ordered by Congress

to be delivered to the Governor of each state in the Union "to the

end that uniform standards ot weights and measures may be established throughout the Union."

Though Hassler was 60 years of age at the time of his appointment

as Superintendent of Weights and Measures, it is plain to see that he

entered his new work with energy and thoroughness which impressed

the higher Government officials. He remained in charge of this work

for thirteen years until his death. When in 1832 the Coast Survey

was reestablished he added to the above work the superintendency

of the Coast Survey.

The present Bureau of Standards was established in 1901 on the

foundations of the original office of weights and measures first organized by Hassler.

"The best judges of work done by a scientific man are his compeers."

We quote from S. W. Stratton, until 1923 Director of the Bureau of

Standards: "I consider that he was not only the first and foremost man

in the scientific world of our country at that time, but one of the leading, if not the leading, metrologists of his day. I doubt if there were more than half a dozen people in the world at that time who possessed

the scientific knowledge and the deftness of the artisan necessary to

undertake this work. He knew where to find the instruments; he

knew where to find the artisans to construct the standards and apparatus that were necessary in the survey and in the weights and measures

work ... it is remarkable that when he came to this country he

brought with him one of the best standards of length of the day, upon

which he later based the coast survey work, not expecting, so far as I can learn, to have any connection with the scientific work of his

adopted country."

Thus we see in this very brief resume, the life and work of Hassler,

the founding of our systems of weights and measures, and the founding

of the Coast and Geodetic Survey are inseparable. True then, as now,

petty jealousy, chicanery, and selfish interests were to be seen in public

office. The law makers could not see the need for appropriation of

public funds for scientific projects, the complaint being always that

such projects took too long and cost too much.

In his book "The Chequered Career of Ferdinand Rudolph Hassler,"
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 141

Dr. Florian Cajori, Professor of the History of Mathematics in the

University of California, so aptly stated in his introduction:

A man of great practical ability as a scientist, but of scant practical ability in the

art of easy and comfortable living, a man highly trained in mathematics, yet a mere child in every-day economics, a man lacking the training of the ordinary

politician, yet able by his earnestness and sincerity to influence public opinion, a

true scientist ambitious for the higher standards of scientific achievement and

never willing to surrender them to the pressing demands of temporary expediency—such a man was Ferdinand Rudolph Hassler. This rugged figure commands

a conspicuous position in the early history of science in America, as the organizer

and first superintendent of the first great scientific bureau of the United States in Washington, D. C.

(Following the delivery of his paper, Dr. Hassler displayed some historical

weights, some original Hassler letters, and some interesting photographs.)

TRANSPARENT CONTAINERS FOR PREPACKAGED MERCHANDISE

By Edmund F. Usher, Sealer of Weights and Measures, Highland Park, Mich.

The idea of using transparent containers in packaging is far from

being anything new when one considers how long the use of celluloid,

glass, mica (isinglass), and even cellophane, have been employed.

Mesh bags used in the packing of potatoes, citrus fruits, etc., might be

included in the list of transparent containers.

The trend toward prepackaging of merchandise has been evolutionary for a number of years. Most of us can remember the crackerbarrel era when almost everything was sold from bulk. In those days

such more or less perishable items as pickles, milk, cookies, crackers,

sugar, dried beans, and many others, must have been the topic of discussion for future prepackaging. Today, when prepackaging is spoken of, one invariably thinks of highly perishable commodities as

fresh fruits, vegetables, poultry, and meats. Containers for this

particular type of merchandise are taken for granted to be of the transparent film variety.

Before going ahead with a brief discussion of the modern trend

toward prepackaging, it may be well to mention some of the methods

of deception in older types of transparent containers. "While transparent containers are used for many commodities, we will confine, our

consideration generally to food products.

Those of us in regulatory work should be interested in some of the

factors which might cause deception in containers. These factors

have been presented before, and most of us are well acquainted with

them. A review of them as memory refreshers will do us no harm,

however, because of the ever-present possibility of their recurrence.

Glass Bottles and Jars

1. Thick glass

2. Deep panels

3. Excessive height

4. Deeply indented bottoms

5. Irregular and odd shapes

6. Raised covers The elements of sham and optical illusion are still present, and even

some glass manufacturers have tried to encourage the sale of their

784131—48 11
142 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

products by advertising these very facts. It is reported that in a

catalogue of one manufacturer of beer mugs, steins, and glasses, as

well as whisky glasses, the fact of larger appearances because of taller

designs, heavy sham' bottoms, etc., was the principal selling point

stressed.

Many transparent containers, wrappers, or windows in other containers are colored or tinted to enhance the appearance of a product

without serving to mislead or deceive the public; but in many instances they do give a misleading impression regarding the quality and

character of the product contained therein. Use of tomato cartons

with red or pink transparent windows which impart to green tomatoes

a color of ripeness was found to be a practice in the past. This same

method has been used on packages of noodles, where by the use of

tinted transparent wrappers, "plain" noodles have the appearance of

"egg" noodles.

Several years ago, as a result of appropriate action by the Meat

Inspection Division of the Bureau of Animal Industry, U. S. Department of Agriculture, the practice of using transparent wrappers for

bacon which were striped with red so as to impart the "streak of lean"

and "streak of fat" appearance, and also the use of red-starred

transparent sausage wrappers, which gave the sausage the appearance

of containing greater amounts of red lean meat was discontinued.

All of the foregoing factors in deception would misbrand the product

under the Federal Food, Drug, and Cosmetic Act. Those in attend- ance at the National Conference a few years ago were invited to visit

the offices and laboratories of the Food and Drug Administration here

in Washington, where an exhibit of deceptive containers was on display.

Now, let us look for a while at the modern trend in prepackaging of

fresh fruits, vegetables, poultry, and meats which have customarily

been sold in bulk form. Last October there was held in Sacramento,

California, the 27th Annual Conference of the National Association

of Marketing Officials whose general theme was "New Marketing

History in the Making." A large part of their program was devoted

to the subject of future prepackaging. Many exceptionally interesting features came from these meetings, some of which I shall relate

from the report of that conference.

California has been called the pioneer State in the prepackaging of

fresh fruits and vegetables, because on a tonnage basis the largest

crops of perishable products are grown there. This fact necessitates

the employment of the best and most modern methods possible to get

their merchandise to distant markets.

Prepackaging now is done in the field, in the warehouse, and in the

grocery store. There is a division of opinion as to where it should be

done most advantageously, but all seem to agree that within the next

few years it will advance greatly. Many problems are expected to

be encountered in the working out of all the details. There must be

advanced improvements in refrigerated rail and air freight transportation. The product must be delivered to market in 100 percent

salable condition. Even merchandise a little "off-grade" will destroy

the resale value.

From the standpoint of the growers, the purpose is to reduce the

cost of distribution from the farm to consumer. This reduction has

not yet been accomplished because of the newness of the attempt to
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 143

prepackage fresh produce. However, there are organizations of

engineers and college experiment stations in cooperation with large

merchandisers who will leave no stone unturned until the problems of

harvesting, transporting, and merchandising have been solved. The

authorities of the State of Florida have established a committee to

study thoroughly the subject of consumer packaging. It is recognized

that prepackaging operations of fresh produce must be fully competitive with the freezer and canner. There are many forces which seem to be pushing us into a more

advanced prepackaging stage. What prepackaging of fresh fruits

and produce means to consumer and distributor reveals some of these

forces.

Prepackaging means to the consumer

1. Less waste.

2. More uniform condition regardless of shopping hours.

3. Assured cleanliness and sanitation.

4. Time saved in shopping.

5. Time saved in preparation.

6. Economy of family-sized packages.

7. Assurance of "brand name" quality.

Prepackaging means to the distributor

(retailer, wholesaler, or grower-shipper)

1. Less waste.

2. Better inventory control.

3. Reduced transportation costs and icing through removal

of culls prior to shipment.

4. Opportunity to establish "brand names."

5. Longer period of salability.

6. Better deliverv condition of merchandise.

7. Reduction of loss through spoilage.

8. Increased sales because of visibility of products.

There may be many other factors involved, but the foregoing summary

will suffice to show that a fundamental need exists for prepackaging,

despite all the technical difficulties yet to be worked out. The trends

and wants of the consumer are irresistible forces which must be

satisfied.

Among some of the problems encountered in prepackaging of fresh

produce, poultry, and meats is the fact that a wide variety of packages

is required to meet the complexities of these products. From various

publications and laboratory studies, it appears that peaches should

be packaged in a ventilized container, while sweet corn, which also

has a high respiration rate, tolerates low concentrations of oxygen in a sealed package without damage to the corn. These two products

require different materials for proper packaging.

One of the unusual characteristics of some modern plastic films is their ability when tensilized to a thin membrane, to hold the moisture

in, while allowing the gas (C02 ) to go through the thin walls with just

enough retained to slow down the metabolism of the wrapped fruit or produce. This seeming phenomenon is highly essential for prolonged

preservation of perishable produce.

There has been a new machine developed for the wrapping of citrus

fruits, such as oranges. This machine covers the individual orange

with a transparent, heat-sealed, skin-tight film at a rate of more than

500 oranges per minute.
144 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Differences also exist between fresh meat and luncheon meats.

Fresh meat requires a film of good moisture-proofness and special

composition that does not discolor the fresh cut surface. Luncheon

meats are not so particular as to surface, but need wrappers of intermediate moisture-proofness so that the surface will not mold or slime.

The principal packaging materials will be transparent films having

various combinations of functional properties such as moisture-proofness, liquid waterproofness and heat-sealability. Films have been

developed which are adaptive to the packaging of a wide variety of

vegetables, such as celery, asparagus, broccoli, lettuce, cauliflower,

spinach, tomatoes, corn on the cob, etc; and of citrus fruits, frozen

foods, meats, cheese, coffee, liquid products such as pickles in brine,

mayonnaise, fruits frozen in sirup, etc. There are many companies engaged in the production of transparent

films as packaging materials, among which are: Bakelite Corporation,

Celanese Corporation, Dow Chemical Company, Du Pont, Goodyear,

Monsanto Chemical Company, and Tennessee Eastman Products.

These concerns are constantly endeavoring through exhaustive re- search programs to meet the future prepackaging needs.

Some of the results of research studies as published in bulletins

issued by the Ohio Equipment Station reveal interesting facts: Of

almost 500 consumers interviewed, 13.7 percent prefer the conventional bulk display, and 86.3 percent prefer the packaged, refrigerated,

self-service. The reasons for preference also far exceed the objections

as shown in another survey.

The tabulated results as revealed by cash registers are, without

dispute, considered to be the most important of all surveys. The comparisons were for dollar sales volume for the third quarter in 1946, as compared with the same period in 1945, between two groups of stores:

First, ten stores displaying refrigerated, prepackaged merchandise,

and, second, ten conventional-type stores with the loose, bulk displays

of fruits and vegetables. As to the ten stores having prepackaging

and refrigeration now, only two were so equipped in the comparative

period in 1945. So generally, with these two exceptions, the combined figures show the consumer attitude toward bulk displays compared with the packaging program. In the third quarter of 1946,

with all ten stores selling prepackaged goods, the weekly sales average

of produce showed an increase of 48.88 percent. The ten conventional

type super-markets which neither in 1945 nor in 1946 have sold prepackaged goods, also showed an increase in 1946 in fruit and produce

sales of 27.75 percent.

Facts and figures such as the foregoing ones, even though not at

all conclusive, are most certainly indicative of the trend in the field

of prepackaging. Even with all of the complexities and problems involved, it does not seem probable that two masters will be served indefinitely—modern streamline merchandising on one side of the store

and the cracker-barrel era on the otber.

The questions may well be asked: How will the modern way of merchandising Of fresh fruits and vegetables, poultry, and meats affect

the weights and measures official? And are there any special problems or abuses occurring now or expected to occur as a result of the

use of transparent containers?
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 145

It will necessitate the examination of these "packages for the appear- ance of the correct information as required by law, such as name and

address of packer, and net weight or numerical count of commodity,

and the reweighing of more packaged goods than ever before to determine if the stated net contents be true. In some States, the re- quirement of the name of the product is necessary. This demand

would seem superfluous in most cases, unless there may be the possibility of mistaking the identity of the product contained, such as plums and nectarines, huckleberries and currants, strawberries and

raspberries, etc. One abuse now employed is the marking of information on transparent containers with crayon, which marking is illegible. This

practice usually occurs when the packaging is done in the store. The

transparent materials seem to lend themselves more readily to printing, rather than to writing with crayons.

The one fact of less shrinkage of package contents caused by moisture evaporation, when packed properly, is of most vital concern

to everyone in weights and measures enforcement, as well as to the

packer. We have all said, at least to ourselves, that if only a container could be developed to prevent loss of moisture, many of our headaches would be ended. With the amazing discoveries being

made in packaging material, this dream appears nearer to realization

than ever before.

The use of transparent materials in prepackaging will tend to discourage the practice of slack-filling.

In general it may be assumed that fewer problems or abuses are to

be anticipated by weights and measures officials in the future with

transparent packaging than have been experienced already with containers of other materials.

FINANCING A WEIGHTS AND MEASURES ORGANIZATION

By Charles Morris Fuller, Sealer of Weights and Measures, Los Angeles

County, Calif.

If the title of this talk should lead you to anticipate a lengthy

compilation of figures and statistics, let me hasten to assure you that

such is not the case. There is no magic formula for securing adequate

financial support for a weights and measures organization.

There are, however, certain procedures within the reach of everyone, which will positively achieve the desired result. This, then, will

be an illustrated review of those practical methods which have been

used with marked success. Two fundamental principles should govern the work of every public

official. First—do a good job. Second, and equally importantlet the people know what is being done for their benefit.

You can be the most conscientious, hard-working sealer of weights

and measures in the country. You can pound away at your job of

testing scales and pumps, early and late, until you are sure that every

piece of equipment is correct. You can go home every night, worn

out with the day's exertions.

But—if you have not done something to interest the people in

this work which you are doing for their protection; to make them

realize that it pays real dividends, saving many times its cost; to
146 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

show them how to help protect themselves by following a few commonsense rules in making their purchases—then you have not fulfilled

your obligations as a sealer and public official.

We are fortunate to be engaged in a branch of governmental service

that is popular. It protects the people in their daily life, and by

"people" I mean not only the purchasing public but also the legitimate dealers and producers. An honest balance is maintained between buyer and seller. They are ready to cooperate because they

have a mutual interest in our work. And cooperation is the most

important factor in the enforcement of any law.

Ways and means of publicizing what is accomplished, present a ready challenge to the imagination. Exhibits are valuable because

they speak for themselves. For example, take this display which was

set up at a county fair. (Figure 13, Nos. 1 and 2.) Attention was

attracted by a large pyramid of condemned scales which appeared to

be on fire. This effect was obtained by constructing a framework

covered with bright red cloth, on the outside of which the scales were

fastened. Long red streamers at the top, kept in motion by an

electric fan, and a powerful light inside the pyramid, completed the

illusion. Pillars of person weigher scales and gasoline pumps, linked

together with chains of straight-face spring scales, enclosed the space.

In the showcase and on the counters were examples of false containers

and condemned scales, as well as some of our test weights and standards. Colored posters and enlarged photographs completed the

display. The place was constantly thronged with interested spectators, and an attendant was kept busy answering their questions.

Many of them commented that they never before had realized the

value and extent of this work.

Exhibits do not have to be elaborate to get results. Empty store

windows often are available in prominent locations. Panels can be

used on which to mount displays. (Figure 13, Nos. 5 and 6.) Those

illustrated are about 5 feet wide by 6 feet long. (Large colored

posters are used to attract attention, and demonstrate some commonsense rules to follow in buying. The other posters and photographs

tell the story about your department and what it is doing.)

Set up a permanent exhibit in your office. (Figure 13, No. 4.)

Have pictures made of this and mounted on a large card, with descriptive matter calling attention to the various items and announcing

the fact that visitors are welcome. You will be surprised how many

people will call, talk things over, and become enthusiastic boosters.

Take advantage of every opportunity to make good contacts.

During the war, many of us were active on salvage committees.

Every scrap of material was needed for the war effort. Every bit of

space on freight cars and trucks was needed for essential transportation. And at the very time while these efforts were being made in

every community, there was a tremendous waste in both materials

and transportation due to the use of containers (many of them shipped

from coast to coast) that were much too large for the commodity contained.

A collection of these containers was assembled. Photographs were

made and forwarded to the War Production Board for whatever ac- tion could be taken. (Figure 13, No. 3.) Committees of business

men comprising the managers of chain drag stores, dime stores, food
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 147
148 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

markets, and others who handled these items were invited to look over the display. They agreed that it was a bad practice which they

would do their share to discourage when placing orders with manufacturers. Much good was accomplished. Much more remains to be

done. But it also served the purpose of getting a large number of

prominent businessmen better acquainted with their Department of

Weights and Measures and its functions.

Do not overlook the spectacular. The public enjoys a good show.

Most of us accumulate quantities of condemned weighing and measuring devices which are destroyed and the iron and brass auctioned

to junk dealers. Make a field day of breaking up the old scales and

measures. Invite the county or municipal authorities to participate.

The daily papers and news reels are always ready to give this kind of

action good publicity. (Figure 14, Nos. 1 and 2.)

Before the war and the urgent need for saving every bit of metal, a maritime touch was added by loading the "legion of the condemned"

on a barge and dumping them in the ocean. (Figure 14, Nos. 3, 4,

and 5.) The Consumers Guide used one of these pictures on its cover

in 1938, and another in a later issue containing an article on Consumer

Exhibits. We would not be so reckless with our scrap metal today,

but at that time, on the opposite side of the pier where we loaded our

barge, freighters were loading all the scrap obtainable for shipment

to Japan and we did not care to add to that amount. Furthermore,

we wanted to do something to arouse the interest of the people, to

make them weights and measures conscious—and it did. (Figure 14,

.No. 6.)

Annual reports and pamphlets should be made attractive. Use

a cover design that arouses interest by depicting some phase of the

work. (Figure 15, Nos. 1 and 2.) Make good reading by writing up

the story of your activities as though it were being prepared for a magazine article.

A few pages with sketches—these can be made on mimeograph

stencils—help a lot. (Figure 15, No. 3.) Of course, there must be

pages of statistics: but these are much more likely to be given attention after the reader understands what it is all about.

The daily papers undoubtedly present the most effective means of

reaching the greatest number of people. Do not expect them, however, to wax enthusiastic about running a statement of dry facts.

They demand something with plenty of "human interest." Tell

them about some unusual case or circumstance. Then, along with

that, they will be willing to print some additional facts about your

work.

Get acquainted with one of their feature writers and invite him

over to see what is going on. (Your office exhibit, with the history

of some of the condemned articles, will come in handy at this time.)

The result is very likely to be a headline story with illustrations, that

is immensely worthwhile. An interesting poster can be made with

newspaper headings and pictures. (Figure 15, No. 4.)

Newspaper cartoons are effective in influencing the public mind.

Cartoons such as these (figure 15, Nos. 5 and 6) played their part when

a standard weight bread law was being first considered in the State of

California.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 149
MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Figure 15.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 151

Propaganda? Sure it is propaganda, used honestly for the best

interests of the people.

Men's service clubs and women's organizations are always on the

lookout for good speakers. There is no better way to make personal

contacts with representative citizens of every community. You will

not lack for invitations when the word gets around that here is an

entertaining and worth-while subject. Here, again, use the right

method of approach in making these talks, as well as in speaking over

the radio—sandwich in the facts and figures between interesting

stories about the unusual, and the audience will be with you. I can

tell you that being a speaker at more than 100 Rotary, Kiwanis,

American Legion, and Women's Club meetings during the past two

and one-half years has taken a lot of time and a lot of night work, but

there is nothing that makes us feel better than meeting with these

business and professional men and women in the community and getting their reaction when they learn what it is all about; in that manner

we make boosters in every locality.

Charts are useful, especially at budget time, as a visual means of

presenting facts. Do not be satisfied to use merely lines or columns

drawn to scale. A combination of lines and sketches, whenever possible, will attract more attention. For example, if you are depicting

the tremendous growth in population and consequent increase in the

number of places of business over a period of years, this can be shown

by pictures contrasting small business districts with a great metropolitan area. (Figure 16, Nos. 1 and 3.)

An interesting chart was made showing the increase in the number

of gasoline pumps and computing scales. The columns were drawn

to scale, and on the tops of these columns were sketches of the types

of pumps and scales that were prevalent during those years. (Figure

16, No. 2.)

Of course, it is often necessary to use the conventional type of chart.

(Figure 16, No. 4.) These serve a useful purpose and show at a glance

the facts that make it essential to increase the personnel and the

equipment of your department to keep up with the times.

You may ask why I am so sure that these methods will guarantee

adequate financial support.

Next month, Los Angeles County will place in operation its new

Weights and Measures Plant. (Figure 16, No. 5.) The main building

of reinforced concrete with 7,800 square feet of floor space, houses the

administration and business offices; assembly room; testing rooms for

scales, weights, and liquid measures; petroleum laboratory; octane

testing engine room; exhibits; storage of evidence and condemned

weighing and measuring devices; and photographic dark room;

together with locker and rest rooms, boiler room, and other requirements.

Adjoining is a sixty-foot, heavy capacity auto-truck scale. Separate

metal buildings are provided for the towers which calibrate petroleum

tank trucks and trailers, and the meter pit with equipment for sealing

meters used in the measurement and sale of gasoline to service stations.

That is the answer!

We can well be proud of the part which we are taking in protecting

the daily living of all the people. It is both useful and necessary.

Don't keep it to yourself, and then wonder why it is so hard to get
152 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Figure 16.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 153

an adequate allowance when your annual budget comes up for

consideration.

Tell the people of your community. Be a good salesman. It is easy to sell an idea when you know that it is right. When they understand, you will receive their enthusiastic support and cooperation.

Then, and only then, will your work achieve its utmost possibilities,

and your department take its rightful place as the most essential

and useful branch of governmental service.

(At this point, at 3:45 p. m., the Conference adjourned, to meet at 9:30 a. m., Thursday, September 25, 1947.)
SIXTH SESSION MORNING OF THURSDAY, SEPTEMBER

25, 1947

(The Conference reassembled at 9:40 a. m., C. M. Fuller, Vice President,

presiding.)

OPEN FORUM

PAPER MILK BOTTLES

The Secretary. One of the subjects that had been suggested for

consideration at the meeting this year was paper milk bottles. They

have been the subject of discussion at various meetings that I have

attended, and considerable interest has been expressed in this general

subject. One of the people who had expressed such inteiest was Mr.

Reed of Georgia. I asked him to lead a discussion on this topic and

then later it developed that he could not be here. An effort was made

to get someone else to do it, and that was unsuccessful.

However, Mr. Reed did submit to me a letter containing some of

the information which he would have presented had he been able to

accept the assignment and I think it would be worthwhile, in order to

get the subject before you and into the record, to read a portion of this

letter. He said:

From time to time, we have received complaints regarding shortage of milk in paper containers. In fact, my wife was one of the principal parties calling this to my attention. In our home, these shortages would run as high as a half to a cup

of milk per quart and it seems that this complaint, as well as others, is always

about buttermilk rather than sweet milk. Investigation proved that where there were leaks of buttermilk, the amount of shortage was larger than that of sweet

milk.

I made several checks in stores in Atlanta and I found quite a lot of containers

short. The merchants do not like them because it is not only shortweight but

contributes to an unhealthy sanitary condition in the refrigerators.

One lady asked why some designation mark of fill was not available on such

containers, and at one time I, too, thought that this should be on all containers,

but investigation proved that this is not practical because a package will bulge

variably because of temperature changes and of flexibility of the cardboard. This

will make the filling point indication impractical in that under one temperature it would be just slightly under the fill point while under other temperatures it will be greatly under the fill point.

I also found that during the war the quality of cardboard used varied in thick- ness and strength and this would permit some packages to bulge more than others.

The fault of these containers lies in the fact that the handling of them sometimes

breaks down the edges of the sharp corners or the bottom, making them spring

leaks. Naturally, they will test correctly in the dairy; but a few hours later after they have been handled around on a truck and handled three or four times they

will check short in the store or at the home of a consumer.

I am advised by the manufacturer of the containers used in Atlanta, that they

are in the process of making a container that will not spring a leak even if the

package is dropped to the floor from a height of five feet. However, this has not been perfected just yet to the point where it can be manufactured. This com- pany realizes that this is one of their greatest problems and they are spending i quite a lot of money and time in order to perfect this. Then Mr. Reed submitted a summary of the results of an investiga- 1 tion that he made in Atlanta. These are tests made at a packaging

154
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 155

plant, and he reports tests made on a series of half-pint, pint, and

quart paper packages, as follows:

One-half-pint packages

Individual errors in cubic centimeters: —2}i; — 4%; —6%; — 4%; — 6%; — 4%- Average error: —4 % cubic centimeters. Tolerance: 2 fluid drams

or 7.38 cubic centimeters.

One-pint packages:

Individual errors in cubic centimeters: —3 (6 instances). Average error: — 3 cubic centimeters. Tolerance: 3 fluid drams or 11.07 cubic centimeters.

One-quart packages:

Individual errors in cubic centimeters: —5 (6 instances). Average error: — 5 cubic centimeters. Tolerance: 4 fluid drams or 14.76 cubic centimeters.

He contrasted with the foregoing results the results obtained on a corresponding series of tests made on glass packages, which were as

follows:

One-half-pint packages:

Individual errors in cubic centimeters: +3J4; +1%; — — 2%; — y2 ; +3%.

Average error: +0.833 cubic centimeter.

One-pint packages:

Individual errors in cubic centimeters: +2; —3; +2; —3; —3: +2. Average error: — % cubic centimeter.

One-quart packages:

Individual errors in cubic centimeters: +5; +5; +5; —5; —5; —5. Average

error: zero. Milk is an important commodity. Weights and measures officials

have, for years, given close attention to glass milk bottles and to the

amounts delivered in such bottles. The question is, Are we giving

equal and proper consideration to milk marketed in containers other

than glass?

As used in this country the paper container for milk is not a measure,

the filled container being an ordinary "package." Perhaps greater

attention should be given to the measuring machines by means of

which these paper cartons are filled. In any event, the subject is one

which, in my opinion, deserves more attention from officials than it has been receiving in recent years.

The Chairman. We have had some cases where filling machines

have been set to deliver short measure, but we have also had other

cases where the complainants were not properly checking the amounts

of milk received in the cartons. We have followed the National

Conference specifications in requiring milk bottles to be of correct

capacity when filled to one-fourth inch below the cap seat ; some people

have used glass bottles to measure the amounts received in cartons,

and have claimed short measure if the milk did not come up to the

cap seat. In some cases these complaints have not been justified.

Mr. Bussey. We have shown that one of the principal causes for

short measure in paper milk cartons is the leaky carton. I understand

that manufacturers have had considerable difficulty in obtaining the

proper type of paper board for the cartons; sometimes it is rough

handling that causes these cartons to leak.

SALES OF SERVICE

The Secretary. There is another subject which we had hoped to cover on our program, and which I wish to mention so that officials

may do some constructive thinking about it. This subject is the

proper supervision over sales of service. By "sales of service" I mean
156 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

those transactions which involve a weighing or measuring operation

but not a transfer of tangible commodity, where the weighing or measuring operation is for the purpose of determining the charge to

be made for the service rendered. The service rendered may be by a

service company, such as a laundry or a rug-cleaning company; or

there may be involved the compensation of a laborer which is based

upon the amount of product which he produces or a service which

he renders.

Scales and measuring devices used in these operations are "commercial" just as much as are the scales in a merchant's store. I think

that some officials are not giving this phase of their regular work the

attention which it deserves. I believe that more positive and consistent programs should be set up for checking in this field, just as checking is now carried out in the field of packaged goods and the

amounts delivered when a food product or coal or other tangible commodity is exchanged. I wish to leave with you the thought that here

is a good field for rendering additional service to your community by

broadening the scope of your investigative and supervisory activities

to include sales of service as well as sales of commodities.

Mr. Lang (Triner Scale and Manufacturing Co.). In laundries

much of the service is charged for by the pound; most laundries do

have adequate scales for general purposes, but they also have scales

back in the various departments of the plant, particularly at the

ironers, which are used for the double purpose of determining the

volume of flat work as a matter of production record, and of determining the weight of wearing apparel in a bundle by subtracting from the

total weight the weight of the flat work. Moreover, these scales may

be used for determining the production of the individual members of a team of perhaps two or four girls working at these ironers, and so they

are being used for determining wages. These scales are being used

for a very important service, and should be on a par with all of the

other scales used in the laundry. But we have observed that many

times they are not adequate.

Mr. Crockett. In Baltimore, we consider all scales used in laundries

as being used for commercial purposes and we test them all. It is news to me that some weights and measures officials do otherwise.

GENERAL SPECIFICATION NO. 1 Mr. M. W. Jensen. I wish to present the following statement

wbich was prepared by Mr. George Warner, State Supervisor of

Weights and Measures of Wisconsin.

General Specification No. 1 which was adopted by the 32nd National

Conference on Weights and Measures last year reads as follows:

Identification of Weighing and Measuring Devices.—All weighing and

measuring devices except weights shall be conspicuously, clearly, and permanently

marked, for purposes of identification, with the name, initials, or trademark of the manufacturer and with the manufacturer's designation which positively

identifies the pattern or the design of the device.

On January 16, 1947, Mr. Ralph W. Smith, Secretary of the Committee on Specifications and Tolerances, sent out a committeeapproved statement in an effort to clarify the intent of this specification. One objective of the specification was to relieve the equipment
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 157

manufacturers of the necessity of marking each piece of equipment to

suit each city, county, or State.

Some jurisdictions, including my home State of Wisconsin, use a

special marking for the purpose of bonding the manufacturers. Our

State law requires a designating number to be placed on milk bottles

and Babcock test bottles and pipettes. We intend to get a bill before our legislature to adopt the specification, and bond our manufacturers,

by using their name or initials and eliminate the word "sealed" and

the designating number.

I would like to hear comments on broadening the specification to

include such items as ice-cream buckets, single-service containers,

milk and cream bottles, Babcock glassware, and other devices which

might not be classed as strictly weighing and measuring devices.

If the Conference seems to favor the broadening of General Specification No. 1, 1 will recommend that it be referred to the Committee on

Specifications and Tolerances for their consideration.

The Secretary. By the terms of General Specification No. 1, no

exemption is made except in the case of weights, nor is the application

of the specification otherwise restricted. The language is, "all weighing and measuring devices except weights." It is certainly the

intention that the specification apply to the various types of equipment specifically mentioned by Mr. Warner, and I do not see how the

specification could be more specific than it is unless we were to list all of the types of apparatus, and that seems unnecessary in view of our use of the expression "all weighing and measuring devices." Of

course there is understood the general qualification that the specification covers only "commercial" weighing and measuring devices, but

otherwise the specification is just as broad as we can make it with the

single exception of weights, which of course could not be marked in

the manner specified.

As I see it no reference to the Committee on Specifications and

Tolerances should be necessary.

Mr. Sanders (National Association of Scale Manufacturers). I wish to express the appreciation of the scale manufacturers for the

splendid cooperation which the various States have given in the matter

of eliminating special marking requirements. As you know, there were a number of jurisdictions which required a State approval marking or serialization marking or both, and for such States every

manufacturer had to have special identification markings. Since the

action of the National Conference last year in adopting General

Specification No. 1, we have worked closely with those States, keeping

in touch with them in their efforts to eliminate their special marking

requirements. So far as I know, every jurisdiction which had special

marking requirements has either already eliminated them or has

agreed to eliminate them within a very short time.

It was important to the manufacturers that all of the States act at

the same time so that new name plates carrying identification numbers

for the particular types of scales could be prepared without carrying

any special markings. I think Mr. Baucom's remarks of yesterday were significant. He said that he had always favored some simplified

system for marking scales and that he adopted the requirement for

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158 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

marking to show North Carolina approval because nothing better

was available, and that he believes this new system will accomplish

the desired result.

We also want to express our appreciation to Mr. Smith and to the

Committee on Specifications and Tolerances for having written and

published the interpretation which was issued following the Conference

last year which went a great way toward clarifying the purpose and

application of General Specification No. 1. Mr. Baucom. Is a single-service container to be construed as a measuring device or simply a vehicle for transfer purposes? There

appears to be some difference of opinion as to whether or not General

Specification No. 1 applies to single-service measure containers and I should like to have the Committee on Specifications and Tolerances

consider this subject before our next meeting and, if necessary, distinguish more clearly between a measuring device and a single-service

container.

In the light of my present information I take the position—although

I take the right to reverse myself—that a single-service container is primarily a transfer vehicle, and that we should require that the net

content statement be truthful regardless of how the container may have

been made or what markings it carries. The cylindrical type of container is rigid and will hold its shape and, therefore could properly be

considered a measuring device according to the definition. But in the

case of the rectangular shaped paper container used for oysters and

similar commodities I feel that this is intended primarily as a con- venient container and we shall insist that the commodity be measured

and that the measurement be declared on the container. For example,

we do not require type approval for vinegar bottles. We are not con- cerned with the method used for measuring vinegar but we do insist

that the declared amount of vinegar be in the bottle.

The Secretary. I do not oppose the suggestion for further study,

but I would suggest that the single-service measure container which is made of paper or cardboard, is identical in its general characteristics

with the glass milk bottle with the one exception that the latter is not a

"single-service" container but is put to repeated use. The measure

container as covered by our code for single-service measure containers

is the means by which the quantity determination is made at the time

of retail sale ; it is the measure which the retailer uses to determine the

quantity which he dispenses, and it is required, of course, that it be

marked with a statement of its capacity. General Specification No. 1 applies to these measure containers just as to other types of measuring

devices.

Perhaps Mr. Baucom's remarks are directed more to the general

requirements for single-service measure containers than they are to

the general application of General Specification No. 1. Mr. Baucom. As a container and a transfer vehicle these paper

containers are all right; we shall continue to use them and I have no

objection to them. But I am trying to protect all the parties concerned. I know that many of these containers were not type approved. When we approve something we are by such act establishing a guarantee that the measurement will be correct. I think we must

be very careful when it comes to type approval of that type of container, and I do not know whether I want to approve it as a measuring
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 159

device or not. I'm not going to object to its use but when it comes

to the State of North Carolina approving it and saying in effect "This

measuring device is dependable and will stand up under the specifications," I do not believe I can do it. The Secretary. In my previous remarks I was not thinking of

pattern approval. It does not follow that a measure container which

is suitable for one use is necessarily suitable for all uses; perhaps

Mr. Baucom's problem is the misuse of an otherwise satisfactory

container. In this connnection, it is my understanding that in

Massachusetts, measure containers may be approved for limited use

or for general use depending upon the construction and the characteristics of the container. That, Mr. Baucom, may be the answer to

your problem.

Mr. Judkins. In Massachusetts we have a paper container for milk

which is approved by the State Division. I am very much opposed to

it myself. When I go into a store that sells milk I can glance at the

milk bottles and see if they are filled properly, but if the milk is in

paper containers the only way I can determine that a container holds

the proper amount is by actually measuring the contents. If anything goes wrong with the filling machine many of those containers

may be short filled and it is for that reason that I am very much

opposed to paper containers for milk.

The Chairman. In the case of some of the paper pails used for the

sale of ice cream, merchants are protecting themselves from giving too

much by having a rigid form in which the pail is placed while it is being packed, to prevent bulging.

SALE OF GARDEN SEEDS

By William H. Roberts, Inspector of Weights and Measures, Vigo County, Ind.

Determining and enforcing proper methods of sale of garden seeds

have proven perplexing problems to weights and measures officials for

many years. The need for more regulation in the sale of such seeds

has been recognized but, apparently, little has been done heretofore

to bring about uniformity in the sale of this commodity. It is my

hope this brief discussion, together with the recommendation made

by your Committee on Methods of Sale of Commodities to the effect

that garden seeds should be sold by weight, will result in the elimination of some, if not all, of the questionable practices now either

tolerated or approved.

The three principal methods employed in the sale of garden seeds

are (1) weighing from bulk at time of sale, (2) measuring from bulk

at time of sale, and (3) in package form. The first method is employed

by an increasing number of dealers in all their bulk sales and by many

others in the sale of the larger seeds such as beans, corn, peas, etc. Many dealers sell from bulk by measuring the seed with the use of

measuring glasses, dippers, and other small containers, none of which

are known to be legal dry-capacity measures as defined in the Dry

Capacity Measure Code adopted by this Conference. Practically

all seed dealers, whether their bulk sales are made by weight or measure, sell packaged seeds. The larger packages containing the items

previously mentioned are generally, if not always, labeled to indicate
160 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

net weight. The small packets seldom, if ever, bear net-content

declarations.

Weights and measures enforcement activities are based or; the

principle of buying and selling by weight, measure, or numerical

count. It is recognized that the customer has a right to know exactly

the quantity of any commodity he is to receive for his money. It should always be his privilege, and that of the weights and measures

official, to check the quantity received by means of established standards. In the sale of dry commodities such as garden seeds, net weight

has many advantages over dry-capacity measures. The latter are not legal in some jurisdictions and are not adaptable to the sale of

garden seeds in amounts commonly purchased by the average home

gardener.

The practice of selling bulk garden seed by weighing at time of

sale, and the sale of such seed in packages labeled to indicate net

weight, are both comparable and commendable. It is of no concern

to the buying public or to weights and measures officials whether the

packer weighs or measures the seed sold in packages as long as they

bear a net-content statement. Reweighing, in either case, will

determine if accurate weight has been given.

The sale of garden seed in packets not labeled to indicate net contents and the sale from bulk by means of the customary types of

measuring devices is deplorable and undoubtedly illegal. In neither

instance is any representation made to the buyer as to the amount

to be received. I do not think it necessary to discuss the various

types of measuring devices used other than to point out that many

of them are accompanied with explanatory charts. These charts

are usually furnished with the original order shipped prior to the

seeding season and specify which of a series of measuring cups or dippers is to be used in making five-cent, ten-cent, fifteen-cent, etc.,

sales of different seeds.

It is argued by seed companies favorable to the practice of measuring

seed, that such practices are more accurate and afford greater protection to the buyer than the actual weighing of seed. I question

such arguments for the following reasons: (1) No representation is made as to the amount to be received, (2) the possibility that the

wrong measuring device may be used for a particular seed, and (3)

the possibility of improperly identifying the seed jars with the price

stickers recommended by the accompanying chart. The use of

these devices makes both unintentional and intentional errors hard to detect and legal punishment for them impossible.

Seed companies have pointed out that greater speed is possible in

making sales with the use of measuring devices and that the cost of

scales would be prohibitive to many engaged in merchandising this

seasonal item. While I am not in a position to challenge these

statements, I am strongly of the opinion the buying public would

benefit from the sale of all garden seeds on a weighing basis. Pricing

and selling by weight affords the public an opportunity to compare

prices, which in itself would do much to prevent any general price

increase based on operating costs. In this discussion, I have attempted to place the sale of garden

seeds in packages not labeled to indicate net contents and the sale

of such seeds from bulk with the use of measuring devices in the
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 161

same category. Both are undoubtedly in violation of law, and both

give the buyer no information as to the quantity of seed he receives.

If weights and measures officials are to successfully combat these

practices, it would seem that they should be kept in the same

category and attacked simultaneously. I know of no justification

for permitting one practice and prohibiting the other.

SUPERVISION OVER DOMESTIC SALES OF FUEL OIL

By James A. Boyle, Sealer of Weights and Measures, Portland, Maine

Prevention of offense as against apprehension of the defendant is by far the better administration of the law. This is the general aim

of the weights and measures officer. Thus we set up our codes with

the idea in mind of making as perfect as possible the mechanical phases

of weighing and measuring devices, and these codes properly enforced

minimize short weight or measure through defects of the device. The

human element is the most difficult phase we have to mitigate against.

The device and the operator both have performance characteristics.

I preface my remarks thus, because this is the general theme of

weights and measures enforcement, but in some cases we must go far

in the prevention theory. This is particularly true of the "Supervision over Domestic Sales of Fuel Oil." We enact laws and regulations in

relation to visibility to the consumer of the scale in weighing operations. If this is sound procedure, and I believe it is, how much more

important it is when we have to do with commodities which are not

visible to the purchaser but because of their nature, as fuel oil and

gasoline, are delivered concealed through a hose and into a receptacle

which in most cases already contains residue of a previous supply

and therefore subject to a comminglement with the new supply

leaving a situation wherein it is impossible to remeasure the immediate

quantity delivered.

Our attitude, therefore, in relation to this commodity must be very

strict in the control of the devices although we may be subject to

criticism from what might appear to be overzeal in prevention. For

example, Massachusetts, since 1937, has required selective valve

control on power operated jobs employing a meter where multiple

compartments are involved. Effect of this installation means that

but one compartment can be open at any one time. This requirement,

of course, slows up delivery, but experience has shown that there are great possibilities of fraud open to the operator of a vehicle with a

multiple line system and power take-off. This takes away from the

operator the opportunity of taking advantage of the power plant and

manipulation of valve control.

In some instances it has been found that as much as 9 gallons of air

may be registered through the meter even though the system is equipped with air eliminator unless the selective valve control system

is employed. Air eliminators are not adequate to meet thL> type of

fraudulent operations and in Massachusetts the approval extends

beyond the measuring device itself and includes the whole system

which means the meter, the pump unit, the piping, and air eliminator.

With relation to the air eliminator, questionable arrangements have

been found, for example, when the vent is attached to the delivery

side of the meter which can militate against accuracy in the device
162 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

through discharging the vent into a solid volume of liquid instead

of an empty compartment or the outside atmosphere.

The development of meter systems for accurate measurement of

liquid fuel for household delivery has presented a difficult problem.

These vehicle tanks, in most cases, are subdivided into two or more

compartments with each compartment separately piped to a manifold

and a common line running from the manifold to the measuring system.

In instances involving but one compartment throughout, no great

difficulty is encountered. Installations involving multiple compartments, however, present possibilities of operation of the system con- ducive to fraud, and careful tests should be made to eliminate this

possibility.

Tests should first be made for the purpose of determining the

accuracy and constancy of the meter at normal speed of operation,

and normal speed of operation is defined as operation within the limits

of the discharge rates ordinarily developed under conditions of installation recommended or specified by the manufacturer for the particular

type of meter under test. (Meters are required to be legibly marked to

show the maximum discharge rates under normal conditions of

installation and minimum discharge rates, and the naximum working

pressure for which they are intended to be used.) The minimum

discharge rate to be employed, however, is 10 gallons per minute

unless a lesser rate is specified by the manufacturer, in which case such lesser rate shall be employed.

These tests should involve two or more drafts of, at least, 50 gallons

each, at maximum and minimum discharge rates of flow, with the line

valve to the compartment from which the liquid is being drawn

completely open. (On multiple compartment systems the line valves

to the other compartments should be completely closed.) The

tolerances to be allowed on this test shall be two-tenths of one percent.

In testing vehicle tank meter systems involving multiple compartments, the relative factors are the meter, air release unit, pump

efficiency, piping and empty compartments as a possible source of air,

and the contiguity of the empty compartment to the pump or suction

head. Special tests should be made, therefore, for the purpose of

ascertaining the limits of error by reason of these factors. The

proximity of the empty compartment to the suction head is a decided

factor in the matter of air induction. Maximum air induction is accomplished when the empty compartment is nearest to the pump

and the test is made by first opening wide the empty compartment line

valve, then allowing the pump to operate on this line until such time

as the meter indicator stops before opening the valve of the compartment line from which the liquid is to be drawn. It is also to be noted

that results will vary according to the degree of opening of the supply

line valve. Further special tests should be employed involving

varying degrees of opening of the empty compartment line valve and

the liquid-containing-compartment line valve, and alternating complete and partial opening of these valves and retarding and accelerating

the motor during the progress of the delivery (the minimum rate of

flow to be 10 gallons per minute unless manufacturer represents the

meter to deliver accurately at a lesser rate of flow, in which case the

latter shall be employed). Several special tests should be made and

the final error shall be the a verage of all the errors developed on these
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 163

special tests, which error shall not exceed a tolerance of four-tenths

of one percent.

The effect of this form of test is to induce air into the system with

the liquid and thus determine the efficiency of the air release unit.

These tests are designed to simulate conditions which may obtain by

fraudulent or negligent use of the system. If inaccuracies develop

under these conditions beyond the above permissible tolerance, then

it is apparent that the air release unit does not properly function on

multiple compartment delivery and the system should include proper

selective valve control so that but one compartment line may be

opened to the pump at any one time.

Also in Massachusetts, the law requires the issuance of a certificate or memorandum on sale of fuel oil in quantities of 10 gallons or over

for heating or cooking purposes, which certificate must recite the name

and address of the seller and purchaser of the quantity of oil delivered.

This is similar to a requirement in many other States and this certificate is sometimes mechanically effective in the so-called meter duplicating devices. These devices, while mechanically and arithmetically

accurate are, nevertheless, susceptiole to fraudulent use. Instances have been found wherein operators have been able to

advance the recording digits by manual means, and it is also possible

to allow tickets to remain in the recording device beyond the original

delivery and record against the second purchaser the accumulated

quantity of the two deliveries. Here, again, we have a situation

wherein the device properly used is all right but the closest of supervision must be exercised in the use of these, and this can be done by

the inspector by observation of fuel oil trucks that he may see stopped

at the household in process of delivery. The State of Massachusetts

has a one thousand (1,000) gallon testing unit for bulk station meters

and mobile 50 and 100 gallon units for tank truck meters.

In New Jersey it is illegal to use or to employ any measuring device

for use in the purchase or sale of any liquid fuel without the same first

being approved as to type and construction by the State Superintendent of Weights and Measures and calibrated, tested, and sealed

by any weights and measures official. The State Superintendent of

Weights and Measures shall provide a form of certificate to be issued

by a weights and measures official after the approval, testing, calibration, and sealing of any measuring device, which certificate shall expire

1 year from the date thereof following issuance thereof and shall be

renewed annually. It is unlawful to sell or deliver or have in possession with intent to deliver any liquid fuel unless such certificate shall

be in possession a t all times or carried on the vehicle to -which it applies.

All liquid fuel must be sold by volume. The unit of volume must

be the standard United States gallon.

If the volume ij calculated by weight, the net weight shall be

determined by means of a scale of approved type and capacity, tested

and sealed by any weights and measures official. For conversion of

weight to volume and for temperature corrections, the National

Standard Petroleum. Oil Tables as approved by the United States

Bureau of Standards shall be used.

Each sale or delivery of liquid fuel exceeding 50 gallons, but not

exceeding 3,000 gallons, must be measured by means of a positive

displacement liquid flow meter which has been tested and sealed.
164 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

This does not apply to liquid fuel sold in barrels or other containers

upon which the quantity in terms of liquid measure is plainly and

conspicuously marked. This requirement was established after study

based on actual observations of marketing practices in this field.

The reason for prescribing the minimum of 50 gallons was to enable

vendors to serve households with small quantities of fuel oil. Much

of this vending is done by small dealers who use 5-gallon carrying cans. The 3,000-gallon maximum for metering was prescribed to enable

those who purchase fuel oil in large quantities to obtain their supplies

by tank or com.partm.ent lots. This applies to large industrials and

other large users, such as hotels, apartment houses, etc. A delivery ticket and duplicate thereof shall be prepared upon the

completion of delivery of each sale or delivery of liquid fuel exceeding

10 gallons. On each ticket there shall be distinctly and indelibly

expressed the date, the name and address of the seller, the name and

address of the purchaser, the number of gallons sold or delivered, the

grade of liquid fuel, and the signature of the person making such sale or delivery or his agent. One of such tickets shall be given to the

purchaser and the other shall be retained by the seller for a period of

1 year, such retained tickets being subject to inspection by any weights

and measures official. Delivery tickets shall be serially numbered.

No duplicate or retained ticket shall be destroyed but may be voided

and kept on file; provided, however, that the provisions of this section

f hall not apply to liquid fuel sold to be delivered by the entire tank

car or cargo direct from the vessels, boats, or railroad tank cars or bulk tank trucks or compartments thereof containing the same to one

destination and consigned to one person, firm, or corporation and

accepted by the purchaser on the original bill of lading or invoice as proof of measurement or weight.

Also in the State of New Jersey, it is unlawful after the approval,

testing, and sealing of any measuring device or equipment used in

delivering liquid fuel, to adjust, repair, or alter the same or to cause

said measuring device and equipment to be adjusted, repaired, or

altered, unless approval of a weights and measures official is first

obtained; and it is unlawful to remove any meter from, the tank to

which it is affixed at the time of testing and sealing to any other tank,

unless immediate written notification is given to a weights and measures

official advising of necessity of alteration or change.

Connecticut has three test units for testing devices through which

liquid fuel is sold and makes routine tests of all truck and bulk-plant

meters at least twice a year.

The unit used for testing truck meters consists of a 100-gallon and

50-gallon tank mounted on a truck which is equipped with pump and

meter. The pump is operated from the power take-off of the engine

and has a capacity of 50 gallons per minute.

The 50-gallon tank can be removed from the truck and set on the

ground for testing gravity meters.

Two units are used for testing bulk plant meters and tank compartments. One unit consists of a 500-gallon and 200-gallon tank and has

a gasoline engine and pump to exhaust the liquid, the pump having a capacity of 200 gallons per minute. On the other unit the pump is operated by power take-off from the engine on the truck and this

pump has a capacity of 150 gallons per minute; the unit also has a
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 165

500-gallon and 100-gallon tank. On this unit a meter is used to

calibrate vehicle-tank compartments.

North Carolina requires that all liquid-measuring devices used in

the domestic sale of fuel oil conform to the requirements adopted by

the National Conference on Weights and Measures, sponsored by"

the National Bureau of Standards.

California requires that liquid measuring devices used for sale of

fuel be equipped with adequate air release units, and meters are

tested at least once a year.

Maine has established and equipped nine testing stations throughout the State with standards reasonably adequate for the testing of

large-capacity liquid measures and liquid-measuring devices.

Mr. McBride. The Massachusetts procedure which Mr. Boyle outlined in his paper was the form of test which we prescribed in 1937

when the meters were 1 inch or Y){ inch in size. The minimum rate

of 10 gallons which was mentioned was later raised to 20 gallons, and

yesterday as you will recall, the Conference adopted an amendment

in regard to meters under 2 inches in size; so please have in mind

that the minimum rate should now be 20 gallons a minute, subject to

the Conference amendment for meters larger than 2 inches in size.

Mr. Rogers. I suggest that if anyone has legislation in mind he

try to get a requirement for the automatic ticket printer. Our law

is deficient in this respect and our efforts to correct this deficiency

have been opposed.

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON TRADING BY WEIGHT, PRESENTED BY JAMES E. BRENTON

Since the 1946 National Conference on Weights and Measures, the

general trend of trading in grains by weight has continued. A number

of conferences with those in charge of developing plans for administering the Research and Marketing Act of 1946 have been held and

the Committee on Grains has recommended that investigations be

made of conditions and plans developed for bringing about the trading

in grains by weight. This ties the responsibility for developing trading in grains by weight with the proper agencies and it gives promise

of great progress in that direction in the near future.

Those in charge of statistics, inspections, and market news relating

to grains have been interviewed and found to be not only interested

but willing to actively support this effort. These, working together,

should rapidly bring about more trading in grains by weight.

It is recommended that this committee be continued and that the

Chairman contact and cooperate with those in charge of statistics,

inspection, market news, and the activities relating to grains under

the Research and Alarketing Act as well as commercial agencies, and

urge the promotion of trading in grains by weight in multiples of

pounds or by the ton.

(Signed) J. H. Meek, Chairman,

J. E. Brenton

A. J. Jensen,

Committee on Trading by Weight.
166 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

Mr. Jensen. We have 1,700 grain elevators in North Dakota,

and I have discussed this problem many times with elevator men and

members of grain associations. It seems that they want to continue

to sell wheat, oats, barley, and flax by the bushel. However, feeds

'of all kinds and corn are sold by 100-pound units.

While I am on my feet I want to thank each and every one of you;

you have all been fine to me. I may never be back here again; a good many of us are getting old and the young fellows will have to

take our places but I want to say this one thing: When we leave this

Conference here in Washington and go home, many of us fail to take

full advantage of our attendance at the National Conference. We

depend upon our local resources or our State Associations and fail to

realize that the National Bureau of Standards is looked up to by

people all over the United States and that here we get information

which should be put to use all over this broad land. When you get

home tell people that you were here and what happened here. Do

it by radio. Give it to your newspapers. Say, "This is the final

word on weights and measures, and comes from the place where the

specifications and tolerances are made." You will find that the decisions will be looked upon as having much greater importance than

when you rely only on yom local authoiity saying, "We are making

our own specifications and tolerances." Let us abide by the actions

of the National Conference and unify the whole system of weights

and measures in the United States.

(The report of the Committee on Trading by Weight was duly adopted.)

CALIBRATION OF STATE STANDARDS

By Wilmer Souder, Chief, Metrology Division, National Bureau of Standards.

Testing and Calibrating.—"Testing and calibration of standard

measuring apparatus" is one of the basic functions of the National

Bureau of Standards. This service is rendered without charge to the

States and is an activity in which we take much pride, yet for which

we anticipate little publicity. Any failure to supply accurate values

for a standard can create extensive confusion in the field and definite

embarrassment at the Bureau. A full measure of quiet is therefore

very significant and truly satisfying to us. The activities of the Bureau have been extended to many fields of

research and standardization since its founding in 1901, but there has

been no loss of interest in testing and calibrating State standards.

Records of previous tests are kept. These are compared with current

data and decisions are usually made on the probable behavior of a standard during the next 10 or 20 years. If the standard is no longer

satisfactory, the State will be advised accordingly.

The difference between testing and calibrating may not be clear.

This difference is of definite interest and will explain why our testing

procedure is usually more extensive and necessarily consumes more

time than the procedures followed in the State laboratory. When

we make a complete calibration of an item we must make sufficient

tests and intercomparisons under varying conditions to enable us to

specify the value and behavior of the standard throughout all conditions of normal service. Such items as material, design, construction,
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 167

density, response to humidity, temperature, pressure, and all other

influences which may affect the standard or the indicated readings of

the standard must be determined before we can say we have completely calibrated the standard.

The sealed weight which you use to test a weighing scale or to es- tablish short weight in a retail sale has a very imposing history which

can be called up if it is necessary to document your standard. Your

use of the standard may last only one or two minutes in a complete

test, but back of the standard are comparisons with the State standards and back of the State standards are days of testing, computing,

and calibrating operations at the National Bureau of Standards.

Incorporated in the values for the Bureau standards are the results of

intercomparisons with the International Prototype Standards in

Paris. The authenticity for your sealed standard is complete and

can be made available should such verification be necessary.

Standards. —The standards given to the States by the Federal

Government are no longer adequate for all of the needs of weights and

measures officials. Some of the standards are seldom if ever used.

Mr. Fischer listed 61 standards of mass in his report to the first Conference on Weights and Measures. The maximum single weight is 50 pounds. Different combinations of weights are now used, including

50, 100, 500, and 1,000 pound weights. The gallon and half-bushel

were listed in capacity measures. The latter is gradually giving place

to weighing instruments. Liquid measures of 5, 10, 50, 100, and

500 gallon capacities are now necessary for State standards. The yard

bar as a standard of length is not so convenient for many needs as the

100-foot tape.

These changes to different types of standards have introduced no

changes in the units of our standard measures. The pound, the yard,

and the gallon are constant. The pound and the yard were fixed in

1893 by an Executive Order of the Treasury Department as certain

definite relations to the International Prototype Standards in Paris.

The gallon, being 231 cubic inches, is by reason of the definition of

the yard, likewise controlled by the International Standard.

For each National Prototype Standard there is a correction which

when applied makes it equal to the International standard. Each

working standard has a similar correction. State standards when

returned to you are accompanied by reports which give their values

in terms of the International standards. The International standards

are composed of platinum 90 percent and iridium 10 percent. They

are the last word in permanence and have given unquestioned service

since their adoption. Certainty about the exact values of our units

and standards is now no longer in doubt as it may have been during

the first one hundred years of our national history.

Pretesting Standards. —All States do not uniformly submit

their standards for tests at definite intervals. A hasty survey of

recent records shows that at least 43 States have standard weights

which have been tested by the National Bureau of Standards. The

other States undoubtedly have standards which have been tested

prior to the year 1901, when the Bureau was established.

The weights which you may submit will be delivered to our receiving

department by messenger, mail, or transportation agency. If a letter
168 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

has arrived describing the material, the box will be opened and inspected. Evidences of faulty packing are often discovered and it is not uncommon to find the container for the weights broken up and

all weights mixed in a deplorable mess. (Broken glassware and dented

capacity measures are familiar discoveries.) The weights must be

inspected for injury which impairs their use as standards. If or when

the shipment is accepted the weights will be put in line for testing.

Work on hand, Federal and emergency work, and the schedule of

tests being made in the laboratory determine the date at which the

State standards will be tested. Delays of from one to six months are sometimes necessary, partly because the volume of work received is very irregular.

The methods employed in testing State standards have been given

at previous sessions of this Conference. References to reports on

these methods are listed at the close of this paper. A brief rehearsal

of a few of the techniques used in the metrology laboratories may be

of particular interest to some of the new members of the Conference

and for that reason they will be given here.

Preparation and Precautions. —Preparation of standards for

testing demands the removal of all foreign material. Dust, grease,

and films must be removed from weights and length standards.

Capacity standards must be clean and dry. Weights and length

standards must not be rubbed in an attempt to clean or polish the

surface. Any dust which can be removed with a soft brush or tuft of

cotton may be brushed away. Grease films, spots of tarnish from

wax, or tar-like materials may be removed with grain alcohol or

benzol. Standards which have been coated with lacquer must not

be cleaned with alcohol or other solvents which will remove the lacquer

unless it is possible to relacquer them and bring them to a stable

condition before the tests are made. Two-piece weights and weights

having a sealing cavity must be cleaned in such manner than no

cleaning solution is trapped in the weight.

Volumetric glassware may be cleaned with 20 percent fuming sulfuric acid. Cleaned glassware must be permitted to drain thoroughly.

It is then rinsed three times in water and once in alcohol and dried.

Failure to drain thoroughly may cause breakage from heat when the

rinsing water reacts with excess residual acid. Care must be taken

to keep the strong cleaning solutions away from etched lines which

have been filled as they may remove the filling material, even the

colored soft glass which is sometimes fused into the lines.

Dichromate solutions may be used when it is possible to permit the

solution to stand in or around the glassware. We have found the

following formula quite satisfactory for making a cleaning solution:

Sodium or potassium dichromate (pulverized) 75 cm3 Water 15 to 20 ml

Sulfuric acid 750 ml

Mix the dichromate and water and add the sulfuric acid slowly and

cautiously to prevent excessive heating.

Mass. —Standards of mass or weights of the smaller values (50

pounds and under) are usually tested on what are known as equalarm balances. Very few, if any, balances have exactly equal arm

lengths. Transposition of the weights or groups of weights gives
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 169

increased precision. This method of weighing eliminates errors which

would arise by reason of such inequalities, if the weights were not

transposed from one side of the balance to the other. Reference

4 at the close of this paper describes such weighings. One practice

which simplifies such weighings is to add to the lighter weight (unless

it is known to be heavier than the standard with which it is beingcompared) or combination of weights being compared, a small supplementary weight which will cause the pointer to swing about a point near the center of the scale.

Rest points are computed for this combination, first as placed on the

scale pans, then after the weights have been transposed from their

initial position to the opposite pan. Obviously if these rest points

are the same, the weights are equal. If they are not the same, the

difference between the weights on the two pans is the extra weight

which will cause the pointer to move to the mean of the two rest points

determined in the primary and transpositioned weighings. This

difference can be evaluated by adding a known weight to one of the

pans containing the weights being compared and then computing the

new rest point. Having the amount of change caused by the addition

of a known weight it is a simple matter to compute the amount which

should have been added to the pan having the lighter load to cause

the rest point to change to the mean of the rest points computed in the

original two weighings. Proper application of this correction for the

change in rest point , subtraction of the value of the small weight added

before the weighings were started, and the application of the correction

for the Bureau standard, will give the value of the weight being

tested.

Buoyancy corrections for pressure, humidity, and temperature of

the atmosphere must be made when weights of different densities are being tested. Handbooks on physics and chemistry contain tables

from which such corrections may be obtained as does reference 3 at

the close of this paper.

For the usual set of 17 weights (50 pounds to }U ounce) 41 independent weighings will be made. Thirteen of these weighings will

compare directly the Class A standards with known standards of the

Bureau. Twenty-eight will be made on various combinations of

weights. From the data obtained, mathematical computations are made using the "Method of Least Squares" to secure the most precise

value for each of the 17 weights tested.

For the most accurate weighing on multiple-lever and beam scales

it is necessary to weigh by substitution. The same technique can be

used on equal-arm balances if transposition weighing is not feasible.

The weight under test (plus a small additional weight, unless the

weight under test is known to be heavier than the standard) is placed

on the scale and is "weighed," or counterbalanced if on an equal-arm

beam, without making any notation of the weight or of the material

used to counterbalance the weight. The poise on the beam or the

counterbalancing material must not be disturbed until the substitution is completed and recorded. The weight under test and the added

weight are removed and known standard weights are placed in the

same position as that previously occupied by the weight under test. Known weights are added until the scale beam or balance beam takes

a position identical with that taken when the weight under test was
170 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

on the platform or pan. The known values of the substituted standard weights now in position are equal to that of the weight being tested

and the added weight first placed on the platform or pan. From these

known weights subtract the value of the small weight, first added to

the weight under test, and the result is the value of the weight being

tested.

Length. —Length standards such as yard or meter line standards

may be compared by adjusting two rigidly mounted micrometer

microscopes over the lines on the bar being used as a standard. When

the micrometers are adjusted to the lines designating the length

interval the standard bar is replaced by the bar under test. Any

changes in the micrometers necessary to adjust them to the lines of

the bar under test can be evaluated to give the difference in length of

the two bars. Temperatures must be recorded and the coefficient of

expansion of each bar must be available so that the report can be prepared to show the length at a specified temperature, usuallv 20°C

(68° F) for State standards.

For a more precise determination of length the microscopes may be

attached to a rigid carriage which can be moved along the length of

the bars. The preferred arrangement (for bars 6 inches or more in

length) is to set the microscopes first over the zero and specified interval lines of the Bureau standard and then adjust the micrometers

accurately to these lines. The carriage is then moved longitudinally

until the microscopes are over the lines on the State standard being

tested. The amount by which the micrometers must be adjusted

represents the difference in length between the Bureau and State

standard. In both methods the screw value of the micrometers must

be determined so that the difference in length may be expressed in

proper units of measurement.

Obviously the micrometer microscopes may be arranged so that one

is on the zero line of each bar. The carriage may then be moved until

the first microscope is exactly on the line of the interval being used on

the standard bar. The amount by which the micrometer is away from

the corresponding line of the bar being tested measures the difference

in length of the two bars.

Tapes are placed on a flat steel bar or bench (or are suspended beside

the bench and supported at specified intervals) and subjected to a

definite tension. Intervals have been ruled on the bench. A finely

graduated scale (Moo-inch graduations) is placed on the bench and

against the tape. The corrections for the tape are read on this scale

by the use of a low power microscope.

Volume. —Standards of volume or capacity are usually compared

by weighing the container empty and again when it is filled with

water. From the temperature of the water and tables of densities it

is possible to compute the volume of the water in the container.

Tables cf the density of water at various temperatures are available

in handbooks and in the publications listed under references 2 and

3 at the close of this paper.

Tests are usually made on the basis of the capacity of the container

at 4° C. Knowing the coefficient of thermal expansion of the material used to construct the container, it is not difficult to compute its capacity at any desired temperature. The coefficients applicable

to the usual capacity measures for each degree centigrade change in
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 171

temperature are as follows: Brass 0.000054, copper .000050, iron

.000035. The values for degrees Fahrenheit are 5/9 of those given.

Tests have shown that the usual type of capacity measure, adjusted to

contain say 5 gallons at 4° C, will deliver very nearly 5 gallons at 20° C

(68° F). The amount of expansion of water between 4° C and 20° C

is, for the typical copper container, equal to the volume of water which

remains on the surface when the container is drained.

The difference between contain and deliver must not be confused.

In making a test "to contain" the measure must be dry when the first

weighing is made. In making the test "to deliver" the container must

be drained for the specified number of minutes or seconds and must not

be dried before weighing.

If a small capacity measure is used to test a metering device or pump which delivers several times the capacity of the standard

measure the standard should be filled and drained once before the

recorded test is started. Additional fillings and drainages will then

be on the "to deliver" basis. To get away from the possible accumulation of errors aud delays incident to such multiple usage of small

standards, larger capacity standards are being used. A 500^gallon

standard has recently been tested for the State of Illinois. The

Illinois officials had adjusted this standard by using a 50-gallon

measure which the Bureau had calibrated for the State of Illinois

during the last year. The 500-gallon adjustment, as set by the State

officials, was found to be in error at 60° F by no more than 12 cubic

inches. This speaks well for the manipulative skill of these men

who had to make 10 transfers from one container to the other.

This review of some of th.3 more regular methods used in testing

State standards has given you a general idea of the care and interest

accorded your standards by the Metrology Division. When a standard is sealed or certified and returned to a State we have made

an investment in which we have a continuing interest. We have

confidence and the expectation that you will be enabled to give a

service of the utmost in effectiveness and that you share with us a

personal satisfaction in the noncontroversial administration of

weights and measures obligations.

References

1. L. A. Fischer, History of United States weights and measures. First Conference on Weights and Measures of the United States. M4 (1905), pp.

6-24. Out of print.

2. R. Y. Ferner, Testing of capacity measures. Eighth Conference on Weights

and Measures. Mil (1913), pp. 181-200. Out of print.

3. Standard density and volumetric tables. Circular of the National Bureau

of Standards C19 (1924), 72 p. Price 30 cents.

4. A. T. Pienkowsky, Testing standards of mass. Nineteenth Conference on

Weights and Measures. M74 (1926), pp. 103-115. Out of print.

5. L. V. Judson, Testing standards of length. Twentieth Conference on Weights

and Measures. M80 (1927), pp. 28-31. Price 45 cents.

6. Lewis V. Judson, Testing of line standards of length. Circular of the National

Bureau of Standards C332 (1927), 22 p. Price 10 cents.

7. Design and test of standards of mass. Circular of the National Bureau of Standards C3 (1918), pp. 1-89. Out of print.

8. C. A. Briggs and E. D. Gordon, Weighing by substitution. Technological

Papers of the National Bureau of Standards T208 (1922), pp. 177-192.

Price 5 cents.
172 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

9. Measurements of length and area, including thermal expansion. Circular

of the National Bureau of Standards C2 (1912), pp. 1-21. Out of print.

10. Lewis V. Judson and Benjamin L. Page, Calibration of line standards of length. National Bureau of Standards Research Paper RP743 (1934), pp. 757-772. Price 5 cents.

11. Elmer L. Peffer and Grace C. Mulligan, Testing of glass volumetric apparatus.

Circular of the National Bureau of Standards C434 (1941), pp. 1-27.

Price 10 cents. Earlier papers listed above are out of print but may be consulted or loaned at

State, technical, or scientific libraries in the principal cities of the United States. Publications for which the price is listed may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D. C. Stamps are not accepted in payment for these documents.

Mr. Baucom. About 10 years ago we submitted some standards to the Bureau; adjustment was found to be necessary, but the Bureau

did not make the adjustment for us. That did not seem reasonable

to me.

Dr. Souder. In some instances, where it is practicable for us to make the adjustment, we will now perform tbat operation for a

State,

Mr. Macurdy. Lead as an adjusting material is prohibited for all standards except those of Class C.

The Chairman. Dr. Condon, we all want to see more of you.

You made the opening hours of our Conference very pleasant. Will

you please take over for the final horn'?

(At this point Dr. Condon, President of the Conference, assumed the Chair.)

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON RESOLUTIONS, PRESENTED BY LOUIS E. WITT, CHAIRMAN

APPRECIATION TO DIRECTOR AND STAFF OF THE NATIONAL BUREAU OF

STANDARDS

Whereas Dr. E. U. Condon, R. W. Smith, and their able and effi- cient staff have extended vaulable assistance and guidance to this

Conference, of which the Conference is sincerely appreciative; Therefore be it Resolved, That this, the 33rd National Conference on Weights and

Measures, does hereby record its grateful appreciation to the abovenamed gentlemen.

J. E. WOODLAND AND J. W. SAYBOLT

Whereas two beloved members of this National Conference on

Weights and Measures, J. E. Woodland and J. W. Saybolt, have since our last meeting suffered serious illness, but have recovered sufficiently to join with us again this year; Therefore be it Resolved, That the Conference body formally express its heartfelt

gratification at the improved physical condition of these gentlemen,

and extend to them its best wishes for a return to full vigor and

strength.

ENDORSEMENT OF WEIGHTS AND MEASURES SCHOOL

Whereas Dr. E. U. Condon, Director of the National Bureau of

Standards, has been untiring in his efforts to foster and promote

uniform and efficient weights and measures administration throughout the United States; and
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 173

Whereas he has given us further concrete evidence of this interest

in our work by arranging to establish in the National Bureau of

Standards a technical training school for weights and measures officials, to be started early next year; Therefore be it Resolved; That this, the 33rd National Conference on Weights and

Measures does hereby indicate its appreciation and gratitude, by

pledging to Dr. Condon our wholehearted support of the school, and

by the attendance at such school of many of the Conference members

and the members of their various staffs.

IN MEMORY OF DECEASED MEMBERS

Whereas during the past year we have lost through the plan of

Divine Providence several members and past members of this Conference; and

Whereas our association with these departed members has been an

inspiration to us to continue with greater determination toward the

ideals set by them; Therefore be it Resolved, That we of the 33rd National Conference on Weights and

Measures do hereby record this expression of sincere sorrow at the

loss of these members.

ADOPTION OF NBS HANDBOOK H37 AS OFFICIAL MANUAL

Whereas there is considerable sentiment among the members of the

National Conference on Weights and Measures for the adoption by

the Conference of uniform test methods to be used by weights and

measures officials ; and

Whereas, There is now available at nominal cost a comprehensive

and authoritative treatise on weights and measures supervision and

the inspection and tests of scales and weights, titled "Testing of

Weighing Equipment—National Bureau of Standards Handbook

H37", Therefore be it Resolved, that this body adopt Handbook H37 as its official manual

for weights and measures officials in the inspection and testing of

weighing equipment ; and be it further

Resolved, that the Director of the National Bureau of Standards is hereby respectfully requested to arrange for the preparation and

publication of a companion book to Handbook H37 to cover the

inspection and testing of measuring devices, as soon as it is practicable and feasible for the National Bureau of Standards so to do.

APPRECIATION TO THE PRESS

Whereas the press of the City of Washington has been generous in

reporting the activities of our present meeting; and

Whereas the Scale Journal has likewise been generous in publishing

news and advance notices of our present meeting; Therefore be it Resolved, That this, the 33rd National Conference on Weights and

Measures does hereby record its appreciation to the press of the City

of Washington and to the Scale Journal.

EDITORIAL IN "FOOD TOPICS"

Whereas "Food Topics", a trade journal with a circulation in the

retail grocery trade, did, under date of September 22, 1947, on its

784131—48 13
174 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

editorial page, erroneously report and editorialize on the official action

taken by the National Conference on Weights and Measures in its

deliberations on Monday, September 22, 1947, to the effect that the

Conference was planning to recommend legislation requiring all food

dealers to weigh all packaged products at the time of sale; Therefore

be it Resolved, That the 33rd National Conference on Weights and

Measures does hereby instruct the two members of the Conference

who are this year in charge of press relations, Mr. J. T. Kennedy and

Mr. R. W. Searles, to contact the editorial staff of the above-mentioned

trade publication for the purpose of advising them that they have been

misinformed and/or have misconstrued the Conference action, with

the request that the editorial be retracted or corrected, in fairness and

justice to the National Conference on Weights and Measures and also

to the paper's subscribers.

(Signed) L. E. Witt, Chairman,

Nalls Berryman,

J. E. Brenton,

E. R. Fisher,

R. W. Searles,

I. R. Shultz,

J. C. Mays,

Committee on Resolutions.

Mr. Witt. For the information of the Conference members and to get it into the record, I will read the editorial referred to in the final

resolution. [Reading:]

WEIGH EVERY PACKAGE?

The National Conference on Weights and Measures, now meeting in Washington, is planning to recommend legislation requiring food merchants to weigh all packaged products at the time of sale—and to charge according to the exact

weight.

The Conference is apparently unaware of the burden this would force on the

retailer. In self-service stores, the greatest operating difficulty is at the checkout stand.

If packages had to be weighed here in great numbers, a slowdown would result which would be costly to the retailer and inconvenient to the customer. The

same problem would arise in service stores. In any case, it is hard to see how the practice followed by packers of adding

moisture to packaged products—essentially in maintaining freshness—can be

tackled on the retail level. Retailers must not sit back, however, and take it for granted that this pro- posal will fail. Do something about it before you wake up some morning and find another

millstone around your neck.

Write your congressman. Your associations also will be glad to help.

Accompanying this material is a cartoon headed "If You Had To

Weigh Every Package!", showing a long line of people with their

baskets at the checker's counter and the checker feverishly weighing

butter and other packaged commodities that are presumably properly

marked and checking them all out by net weight at the time of sale.

The cartoon does not give a true picture of what the Conference

wants done.

The Chairman. Is there discussion on any of these resolutions?

(The foregoing resolutions, as proposed by the Committee, were duly adopted.)
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 175

711. 66

Disbursements:

Aug. 29 Rubber stamp—TREASURER NAT'L

CONF. W&M 1. 50

Sept. 27 Social evening Hotel Mayflower:

Refreshments 49. 50

90. 00

50. 00

1. 20

Music

Vocalist

Telephone service

Messenger, mimeographing, and stenographic

services

Cartage _ _

40. 00

1. 75

233. 95

Balance on hand June 1, 1947 $477. 71

Respectfully submitted,

(Signed) Geo. F. Austin, Jr., Treasurer. (The report of the Treasurer was duly accepted.)

REPORT OF THE NATIONAL CONFERENCE COMMITTEE ON NOMINATIONS, PRESENTED BY V. D. CAMPBELL, CHAIRMAN, AND

ELECTION OF OFFICERS

Mr. Campbell. Prior to presenting the Report of the Committee,

I wish to inform you of our procedure before selecting our slate of

nominees.

First of all I want to assure you that the members of the Committee had no axes to grind. We were not interested in disposing of

anyone, neither did we have any particular candidate whom we wished

to make an officer of the Conference. On the afternoon of Tuesday

we set aside an hour to receive any members of the Conference who

wished to make suggestions to the Committee; four persons appeared

before us and recommended persons for office and all had good reasons

for their requests.

On Tuesday evening we met in executive session and considered

these suggestions. We had in mind the , suggestions made by Dr.

Condon in his opening address from which I quote:

Moreover it is important that our work have as broad a base of participation

by all the members as possible. On the other hand, continuity of knowledge of

the work is also of the utmost importance.

That was the thesis laid down by Dr. Condon and laid down in selecting members of the Standing Committees. We, too, decided to take

the same thesis. We took the list of registered persons here and

listed beside their names any positions which they held on Standing

Committees. We then tabulated the State men and also the city

" This report was presented to the Conference by the Secretary, because of the temporary indisposition

of Mr. Austin.
176 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

and county men to make a comparison of their relative numbers so that we might have as broad a base as possible.

Following the preparation of these statistics the following motions

were passed: (1) That members of the Conference who represent

States and who have served but 1 year be allowed to serve a second

year. (2) That county and city officials who have served 1 year

should not be allowed to serve an additional consecutive year. (The

reason for this is that the number of city and county men far exceed

the number of State men, and to provide wider participation it is necessary to limit the county and city officials to 1 year terms.) (3)

That Chairmen of Standing Committees should not appear on the

slate for officers.

We are not trying to impose our procedure upon the nominating

committees of subsequent Conferences. Dr. Condon told us yesterday that this is a very democratic organization and that we made our

rules as we went along; I have given you the rules that we used this

year. You will find that we have changed 5 Vice Presidents out of

6 and that we have on the proposed list of nominees 3 State men and

3 county and city men. The Executive Committee of 15 members

includes 6 old members and 9 newcomers; the distribution is 8 State

men and 7 county and city men. In the entire list there are represented 17 States and the District of Columbia, so that I feel we are proposing a fairly wide base.

I shall now present the report of the Committee. [Reading:]

The Nominating Committee begs to submit the following slate of nominees for the consideration of the 33rd Conference on Weights and Measures, to serve for the ensuing year. OFFICERS

For President: E. U. Condon, Director, National Bureau of Standards.

For Vice Presidents: Russell S. Ackerman of Minneapolis, Minn.; Nails Berryman of Florida; V. D. Campbell of Ohio; Edward R. Fisher of Rhode Island;

Irvin R. Shultz of York, Pa.: Robert Williams of Nassau County, N. Y.

For Secretary: Ralph W. Smith, National Bureau of Standards.

For Treasurer: George F. Austin, Jr., of Detroit, Mich.

For members of the Executive Committee: C. A. Baker of New York; C. D.

Baucom of North Carolina; James E. Brenton of California; Milo C. Griffin of Hartford County, Conn.; Joseph Giuliano of New Jersey; Erling Hansen of Minnesota; William A. Jones of Waterville, Me.; George H. Leithauser of Baltimore, Md.; Bernard A. Pettit of the District of Columbia; George A. Ritchey of Illinois; William H. Roberts of Vigo County, Ind.; Robert K.

Slough of Akron, Ohio; R. D. Thompson of Virginia; and S. H. Wilson of Georgia.

Respectfully submitted.

(Signed) V. D. Campbell, Chairman,

J. T. Kennedy,

Erling Hansen,

W. S. Bussey,

J. P. McBbide,

E. F. Usher,

Committee on Nominations.

The Chairman. I understand that it is a custom of some years

standing for the Director of the Bureau of Standards to be elected

President of the National Conference. I want to assure everyone of

my deep interest in this work and of my desire to support it in every
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 177

way in my official position. On the other hand, since I am a new man

and before crystallizing this practice into a habit, I wish to say that

you should by no means think that you ought necessarily to follow the

practice of always making me President. I do not in any sense feel

that that is a necessary accompaniment of my position, or that I would show any less interest in the work officially in the Bureau if I did

not hold that position.

I think it should be on the record that the Nominating Committee

should not feel the slightest necessity in continuing to nominate me.

I think the correct thing is to call for any nominations from the

floor at this point.

(It was moved that the nominations be closed, that the report of the Committee

on Nominations be adopted, and that the Committee nominees be declared

elected; the motion was seconded, the question was taken, and the motion was

agreed to.) UNFINISHED BUSINESS

Mr. Witt. I move that the Secretary be authorized to draw upon

the Treasurer of the Conference for the usual and customary expenses

of this meeting.

(The motion was duly adopted.)

Mr. Saybolt. I feel that many of you, like myself, who have had

the privilege of attending these National Conferences for many years,

have never enjoyed one more smoothly operated, with better clicking,

with less controversy, nor one with pleasanter echos throughout all of

the four days.

Now on a personal note, I wish to say that during the period when

I wars ill the evidence of friendship in the many cards and letters and

expressions of sympathy have been most deeply appreciated. Although I hold no portfolio from Woody I have heard him say the same

thing. I want to express my most extreme gratitude to the Conference for its kindness in adopting the resolution in reference to both

of us. Mr. Crockett. In the absence this year of one of the men who has

consistently attended this Conference in the past, and as a mark of

respect for him, I think that we should mention our other friend,

Charles C. Neale.

The Secretary. As one of Charlie Neale's oldest acquaintances,

and I believe I can properly say oldest friends, in this organization,

I may say he planned to be here. His business arrangements were

complicated by illness, as a joint result of which he was not able to come. He sent me a wire during the early days of the meeting saying

in his characteristic way, "Know that you will have a successful

Conference. This is the third that I have missed in 37 years." That

is a pretty good record. I know that everybody that knows Charlie

loves him as I do and I am sure that it would be very appropriate if someone saw fit to move that the Secretary address to Charlie an

official communication regretting his inability to be with us. Mr. Bussey. I place Mr. Smith's suggestion in the form of a motion.

(The motion was duly adopted.)
178 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

NEW BUSINESS

TIME FOR HOLDING NATIONAL CONFERENCE MEETINGS

Mr. Fuller. There has been considerable informal discussion

about the desirability of returning to the practice of holding the

National Conference meetings in the Spring of the year, as was done

for many years. I suggest that in planning the meeting for next year,

due consideration be given to that thought.

Mr. Rogers. I think the attendance would be very materially

affected by a return to the Spring dates, because so many Associations

hold their conventions in the Fall. In New Jersey we passed a resolution recommending return to the Spring dates; many of our boys

could not get the permission of their governing bodies to come to this

meeting because our meeting, too, was held this month, and two meeting in a month were considered too many.

The Chairman. "Washington is a very attractive place in the

Spring. I think the Fall meetings were started because we were in a hurry to get going after the long war interruption; rather than wait

until this Spring we had our first postwar meeting last Fall.

Mr. Kennedy. As a native Washingtonian I suggest that there may

be more trouble with hotel reservations in the Spring than in the Fall

it has become the custom for many out-of-town schools to send their

graduating groups to Washington in the Spring. I think the weather

would be better in October than in September and I cannot believe

that it would be beneficial to go back to the Spring meetings.

The Secretary. I consider that it would be impossible for us to

hold a successful National Conference within 6 months of the preceding

meeting. Therefore, if we were to decide to hold our meeting in May

or June, the next meeting would necessarily go over to May or June

of 1949. I do not believe that an 18-month interval before our next meeting would be too great. We have discussed this year a

great many important matters and certainly have left with you

enough to think about to occupy you reasonably for 6 months longer

than usually intervenes between 12-month Conferences.

As to hotel reservations, it is true, as Mr. Kennedy says, that a

great many groups do come to Washington in the Spring; but that was

true when we were regularly holding our meetings in the Spring and I never felt that there was a serious problem, with respect to hotel

reservations because those groups usually were here for a very short

time and in many cases are dispersed among the smaller and less

expensive hotels. I do not think that hotel reservations would be a

serious problem if you wish to meet in the Spring.

As far as I am personally concerned, and I believe I can also speak

for the Bureau, it is quite immaterial to us when the meeting is held.

A considerable number of officials have discussed this question with

me during the course of tlvi. meeting and they have emphasized that

a large number of State meetings are held in the Fall and that with our meetings coming in the Fall it is difficult in some cases for equipment manufacturers and officials to attend the National Conference

or that if they do so it may be at the sacrifice of remaining away from

their own State meetings. I have been told further that the custom

among many of the States of holding their meetings in the Fall

resulted from their past understanding that the National Conference
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 179

would be held in the Spring, and that those State meetings scheduled

for the Fall would avoid any interference with meetings of the National

Conference.

These are factors in this problem. I think it might be well to

explore this question by mail with the entire registered attendance

of this meeting and with representatives of States which are not

represented here. We can develop the concensus of the entire group

and then put it up to the Executive Committee some time within the

next few months to make the decision.

Mr. Bussey. Personally it makes no difference to me either,

whether the National Conference is held in the Spring or in the Fall,

but it seems to make a lot of difference to some of our members. I understand that a considerable number have been unable to come to our sessions this year because of conflicts with other meetings; the

California and Massachusetts meetings I believe, are to be held next

month and the Virginia and New Jersey meetings were both held this

month.

I move that the Secretary's suggestion be adopted and that the

Executive Committee then give full consideration to all of the information submitted. If it is decided to return to Spring dates it

would be understood that the Executive Committee has the approval

of the Conference to defer the next meeting to 1949.

(The motion was duly adopted.)

The Chairman. We have discussed the time for the next meeting.

We might also discuss the place. We now have at the Bureau an

auditorium with a seating capacity of about 300. If the Conference

would prefer to meet out there instead of a hotel we would be glad

to have that considered; on the other hand, if it develops that the

general convenience is believed to be better served when meetings

are held in a hotel, that will be all right with us. So much for a meeting place for the future.

Any of you who are not in too great a hurry to get back home will

be welcome to visit the Bureau of Standards. We are wide open and

on a peacetime basis except for a few military corners, and if any of

you wish to visit us tomorrow or any time you are in town, please

feel that you are entirely welcome and that we want to see you.

Are there any other topics to be brought before us?

(It was moved and seconded that the Conference adjourn, the question was

taken, and the motion was agreed to).

(Thereupon, at 12:00 Noon, the 33d National Conference on Weights and

Measures adjourned sine die.)

APPENDIX

[The following paper was presented by R. W. Smith, Secretary, National

Conference on Weights and Measures, before the meeting of the National Scale

Men's Association in Kansas City, Missouri, May 1, 1947. See page 123 of this

Report for the reference to the inclusion of this paper herein.]

A COMMON PROBLEM

By Ralph W. Smith, Secretary, National Conference on Weights and Measures

When a problem has long been a topic for discussion among the membership of the National Conference on Weights and Measures, which I represent, and the
180 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

National Scale Men's Association, it is fair to say, I believe, that that problem

is common to both of these organizations. It is in that sense that my remarks

today are titled "A Common Problem."

The particular "common problem" which I propose to discuss is the official regulation of the mechanics who, acting either for themselves or as the servants

of others, engage in the business of repairing or servicing commercial weighing

or measuring devices. I shall bring to your attention a number of factors which

I consider to have important bearings on the general problem, and shall suggest

for your consideration a plan for regulation which I trust will appeal to you as at

least meriting your further study.

Although, as I view it, this problem can be solved only by "regulatory" measures, probably initiated by weights and measures officials, and although, as such,

the problem is perhaps the particular responsibility of regulatory officials such as comprise the membership of the National Conference on Weights and Measures,

nevertheless the counsel and assistance of the National Scale Men's Association

in reaching a workable and effective solution and in implementing that solution are not onlv appropriate but will, I am sure, be greatly appreciated by the weights

and measures officials of the United States. To this end I invite your cooperation.

At the outset let me make it clear that what I shall say today represents, at the moment, only my personal views. I can not lay claim to originating the basic

idea around which these views have been developed, but this development is the result of conference with numerous people who have been in a position to advise on one or another aspect of the problem to which a solution is sought. As

yet the proposal which I shall suggest for your consideration has not been pre- sented to or studied by the National Conference on Weights and Measures. It

is my intention, however, to present these ideas to the National Conference, for weights and measures officials have long been plagued by the fruits of the low

standards of business ethics, the incompetence, and even the dishonesty of a cer- tain segment of the group known in general as "repairmen," and have long sought

a fair and effective method for their regulation. If I can go to the National

Conference with the benefit of your thoughts and constructive suggestions, this

will be most helpful. If, perchance, you should endorse my proposals, that will do much toward placing these proposals in line for practical trial. The conventional approach, during the past decade, to the problem of the

incompetent, poorly equipped, careless, unscrupulous, or actually dishonest

repairman, has been control by licensing. The approach which has recently been

suggested, and which appeals to me as offering manv advantages over "control

by licensing" is 'protection through bonding. I shall discuss some of the elements

of the problem and later contrast the potentialities of "control by licensing" and

"protection by bonding."

One might, fairly enough, say that the problem embraces not only the servicing

and repairing of weighing and measuring devices, but also the erection or in- stallation of such devices and their sale when in other than new condition. I have no quarrel with such a broad concept, but in this discussion I shall limit

myself to that part of the over-all problem which has to do with the servicing and

repairing, for hire, of equipment used or to be used for commercial purposes,

such equipment being owned or operated by some person or agency other than the

person or agency performing the servicing or repairing operation. It is this

phase of the problem which I consider to be most acute. Also, by so limiting

this discussion, complications will be avoided which would necessarily be en- countered if a discussion of all phases of the problem were to be undertaken.

Those elements not now to be considered are not unimportant, and may well be

discussed at some other time.

As to the men and agencies proposed to be regulated, servicemen and repairmen

may be employees of established firms or they may be in business for themselves. In either case they should undertake to service and repair commercial weighing

and measuring equipment in such a way that, among other things, this equipment

will continue to meet, or will be made to meet, the official weights and measures

requirements which are in effect. If the men are employed by established firms,

they may represent factory agencies, independent sales agencies, servicing agencies, or repairing agencies; any such agency may properly be assumed to have a

fixed address and to be possessed of at least some degree of business integrity and

financial responsibility. If a serviceman or repairman is in business for himself,

he may or may not have a fixed address, and he may or may not have a proper

sense of business ethics or be financially responsible.
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 181

The interest of government in the activities of this group of firms and individuals

stems primarily from a desire to protect the owners of commercial weighing and

measuring devices against malpractices on their part. Particularly is it desired to protect such owners against financial losses. There is also the consideration of the

desirability of out-of-order equipment being put promptly into first-class condition.

Finally, there is the consideration of the elimination of unqualified so-called mechanics. The better elements of the affected group of firms and individuals also have a direct interest in proper regulation of the group as a whole, because through

such regulation there can be brought about an elevation of the prevailing standard

of equipment servicing and repair, the business can be dignified and standardized,

certain vicious forms of competition can be eliminated, and fair compensation

for honest and skilled service can become the accepted rule. When the public interest is adversely affected to a sufficient degree, government

applies corrective measures. Even though an abuse may be caused by only a small

percentage of the members of a group, it is customary, and frequently unadvoidable, to apply the restrictive measures to the entire group. We find examples of

this in compulsory automobile insurance, the bonding of fiscal agents and public

officers, the licensing of members of trades and professions, compulsory health

examinations for handlers of food products, and countless restrictions imposed

under the general police power. In the problem under discussion it seems to be

obvious that fairness, avoidance of charges of discrimination, and effectiveness of

regulation all demand that in any system of regulating servicemen and repairmen

of weighing and measuring devices, the restrictions be applied to all such persons. Under any system of regulation, the cooperation of equipment owners is essential to success. To achieve this cooperation an intensive and continuing campaign of education is required. There is no way in which an equipment owner

can be protected in spite of himself, and probably we should not be too much

concerned about the protection of a man who fails to exercise reasonable diligence

in protecting himself ; government may be held to have done its part when it has

provided and properly publicized a means for the use of the equipment owner in securing his own protection. Under any system of government regulation, the

first responsibility for the educational campaign rests upon the government, but the

forward-looking members of the regulated group will do themselves a service if they, too, consistently carry on an educational program of their own. One fellow who causes a great deal of the trouble in the servicing and repairing

of weighing and measuring equipment is the itinerant, who is here today and gone

tomorrow, nobody knows where. But the segment of troublemakers also includes

all of the unskilled, whether itinerant or not; it includes those who do their work

on a "get by" basis, giving only so much in the way of honest service as may be

necessary to meet the requirements of the moment; and finally, as previously

suggested, it includes the unscrupulous and dishonest few whose deliberate objective is to get all they can and give nothing of value in return. To be successful, any system of regulation must be fair and impartial to those

who are regulated; specifically, there must be fairness to the mechanics as individuals, and there must be fairness to the firms employing mechanics to service

and repair equipment for others. The efficiency of the system will depend to a

considerable extent upon its simplicity and ease of enforcement. Low administrative cost is a factor which should not be overlooked, because to be effective in a broad sense, regulation must be put into effect in many separate governmental

jurisdictions.

Let us analyze and contrast the licensing system of regulation on the one hand,

and the bonding system of regulation on the other hand. First, let me explain

the sense in which I shall use the terms "licensing system" and "bonding system".

Under a licensing system the State licenses equipment repairmen and repair

agencies, for a fee, and the law prohibits any but a licensed repairman from servicing or repairing commercial equipment. Under a bonding system, the law would

require that a repairman or a repair agency be bonded, the equipment owner

having recourse against the bondsmen to recover charges paid if the equipment

were not properly repaired, or to receive reimbursement if the equipment were damaged in the course of unsuccessful efforts to recondition it, in the event that

the repair man or repair agency failed to make proper refund or reimbursement.

I may say, in passing, that the bonding system which I have in mind would

provide, in any State, for a single bond to cover the repairmen employed by a

single firm. It may also be well to say specifically that, although the bonds which

I am considering are known among the bonding companies as "financial guarantee"

bonds, they would be limited in their application to the two elements of repair or
182 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

service charges and damage to equipment during attempted repairs, and that

claims for losses resulting from the use of improperly repaired equipment would

not be admissible.

Proceeding, then, to the analysis and comparison of the two systems, there is at once apparent the fundamental difference that under a mere licensing system

the State assumes the entire responsibility, and that under a bonding system the

primary responsibility is a financial one resting on the bonding companies as

sureties for repairmen and repair agencies.

When the State licenses a mechanic, this action implies that the licensed

mechanic is qualified to do the job for which he is licensed, and that if an equipment owner employs a licensed mechanic, the work will be competently per- formed. On the one hand, the State may license only after an applicant has successfully passed an examination ; here the implication of competency of a licensee

is clearly established. On the other hand, the State may license upon an assumption of competency and without examination; in this case, beneficial effects of the

system can be assured only as demonstrated incompetents are gradually weeded

out by having their licenses revoked after they have failed in one or more in- stances to do acceptable work. If the State specifies the kind and amount of testing equipment which a mechanic must provide before a license will be granted,

the implication of competency of the mechanic's services is further strengthened.

A licensing system demands that the State assume a continuing enforcing re- sponsibility ; this involves the policing of the entire field, for what the law actually

does is to prohibit anyone from engaging in the business in question without

being licensed to do so. Control is exercised through denial, suspension, or revocation of licenses, and by prosecution, and not otherwise. Under a licensing

system the equipment owner receives no direct financial protection whatsoever.

Under a bonding system the responsibility of the State would be comparatively

small, but the equipment owner who exercised the reasonable caution of dealing

only with a bonded mechanic or agency upon the basis of a definite understanding

of t he results to be accomplished would be protected against certain direct financial

losses resulting from incompetence on the part of the mechanic. It is natural to assume that the bonding company's investigation of an applicant for a bond for a repairman or agency would include an inquiry regarding the training and experience in servicing and repairing weighing and measuring equipment of the person

or persons to be covered by the bond; but the investigation would probably be

directed principally to the business integrity and the financial ability of the

applicant, since the responsibility of the bonding company would become a

financial obligation in a case where a bonded person or agency failed to "make

good" on any transaction within the terms of the bond. Under this system the

State could, if it wished, prosecute an unbonded person for engaging in the business

of servicing or repairing commercial equipment owned by others than himself or

his employer, just as, under a licensing system, an unlicensed person can be

prosecuted, and for similar reasons; such action may occasionally become neces- sary under either system, even though there is no good excuse for the unbonded or unlicensed repairman getting any business in the first place, assuming adequate

publicity and good sense on the part of equipment owners. Under bonding, final financial protection as to repair charges and damage to equipment would be made

effective by negotiation or suit between an injured equipment owner and the

bonding company, without intervention of the State except to the extent of certifying that repaired equipment did not meet State requirements. Elimination

of undesirables from the group of bonded mechanics would, in effect, be accomplished by the bonding companies, upon the basis of the claims which they would

be called upon to pay. Under this system, regulation would be accomplished by

an economic process: Equipment must pass the official test or the owner doesn't

pay for the repair work, and the mechanic or the company can not stay in business

long if work is done for nothing. Furthermore, if the equipment is damaged in the course of efforts to repair it, the owner must be reimbursed for the damage.

Finally, under bonding, the responsibility for getting equipment right would rest squarely on the mechanic, and he would know this just as he would know that if upon official test the equipment were found unacceptable, he must make good;

and the State would not tell him how to do his job, or how much or what testing

equipment to use to determine when his job is done right.

To sum up the case of licensing versus bonding, let us first stipulate that under

either system the essential publicity will be adequate. We then have the equipment owner financially protected by bonding and unprotected by licensing. We

have the State, under licensing, assuming a heavy responsibility and a considerable
THIRTY-THIRD CONFERENCE ON WEIGHTS AND MEASURES 183

work load in determining the competency of mechanics or, as the alternative,

admitting that it grants official licenses without assurance of the competence of

the licensee; under bonding both the responsibility of the State and its work load

in "qualifying" a mechanic under the law are relatively small. We have the

State carrying a continuing heavy enforcement load under licensing and a comparatively light enforcement load under bonding. The straight clerical load on

the State will probably be about the same under licensing and bonding. It seems reasonable to anticipate that, on the whole, undesirables would be eliminated at least as quickly and effectively under bonding as under licensing at its best, and that bonding would be greatly superior in this respect to a poor licensing

system. Bonding should be less costly to the State than licensing. The net

cost to the mechanic and to the repair agency would probably be higher under

bonding than under licensing. Either system can be expected to improve the

quality of equipment servicing and repair, with bonding holding the advantage

over all but the best-administered licensing systems.

As a practical matter, I cannot conceive of any large number of States putting

into operation really effective licensing systems. The States have had before

them for a number of years the example of New Jersey, which has pioneered a

licensing system based on oral, written, and practical shop examinations of applicants, and yet I know of no other State baving duplicated that set-up. New

Jersey was perhaps unusually fortunate in having on the staff of the Department

of Weights and Measures, men competent to conduct these examinations ; practical

shop experience is not the rule among weights and measures officials. On the

other hand, I fail to see why any State weights and measures office should find anything difficult about the administration of a bonding system, or why any State

organization should hesitate for administrative reasons to sponsor such a system.

Those who would be regulated under either a bonding or a licensing system

may, understandably, recoil at first from the thought of more regulation, and

their initial reaction may be to oppose any move for regulation. It is submitted,

however, that such regulation will be to the advantage of the legitimate firm and

the ethical and properly trained mechanic, as well as the owners of commercial

equipment and the general public.

Perhaps I can anticipate and dispose of some questions about bonding which

have already arisen in your minds. One important fact is that the bonding

companies will issue bonds such as I have been discussing; I say this upon the

authority of Mr. Howard M. Starling, the Washington manager of the Association of Casualty and Surety Executives, the Surety Association of America, and

the Towner Rating Bureau, Inc. To crystalize my discussions with Mr. Starling,

whom I approached for advice, it was necessary to reduce to written form my

ideas of a law under which a State could initiate and maintain a bonding system

of regulation for repair men and agencies. Based upon his wide experience, Mr.

Starling made some valuable suggestions for modification of my draft; these

modifications were incorporated and I then submitted a corrected copy of the

proposed bill with a request for official comment from the agencies which Mr.

Starling represents. I quote in full a letter under date of April 1, 1947, which

I received from Mr. Starling:

ASSOCIATION OF CASUALTY AND SURETY EXECUTIVES

Washington Office

HOWARD M. STARLING, Manager

Washington Building

Washington 5, D. C.

Mr. R. W. Smith, Secretary

National Conference on

Weights and Measures

National Bureau of Standards

U. S. Department of Commerce

Washington 25, D. C.

Dear Mr. Smith:

April 1, 1947

AEO/PMS

Your letter of March 20th together with draft of the proposed "Weights and

Measures Repairman Act of 19 " which you discussed with me on March 19th,

has been received.
184 MISC. PUBLICATIONS, NATIONAL BUREAU OF STANDARDS

I have taken the liberty of referring the proposed draft to our legal staff, also the Surety Association of America and the Towner Rating Bureau, Inc.

It is respectfully suggested that Section 6 of the proposed draft be amended

by substituting a semi-colon for the period at the end of Section 6 after the word

"recovery" and adding "provided, however, that the aggregate liability of the

surety to all owners shall in no event exceed the sum of said bond."

With the addition of this language the proposed bill has the unqualified approval of the three organizations mentioned above, and should such a bill be

introduced in the various State Legislatures this Association would advise its local Advisory Committees to aid in obtaining passage of the bill. As requested by you we are pleased to enclose a suggested form of bond to be

used if the proposed bill is enacted into law.

Assuring you of our appreciation for the opportunity of reviewing this measure and of our continued interest, we are Very truly yours,

/signed/ Howard M. Starling

Howard M. Starling, Manager.

Supplementing this letter, I was advised orally that the Towner Rating Bureau

estimated that the "service charge" on the bonds should not exceed ten dollars per thousand.

I have available for distribution mimeographed copies of the proposed bill which is referred to above, corrected to include the proviso recommended, and

attached as a supplement is a copy of the sample form of bond which accompanied

Mr. Starling's letter. 15 I believe that it would be to the advantage of all con- cerned to have regulatory measures of this kind uniform among the States with

respect to the language of the basic legislation and with respect to enforcement

procedures. Such uniformity is especially desirable when a particular repair

man or agency operates in more than one State. If agreement can be reached

upon a model law and upon a standard form of bond to be required, then all parties at interest can work harmoniously together for the enactment and adoption of these standards. Endorsement by your organization of the principles involved,

and subsequent processing of specific recommendations through the Committee

on Legislation of the National Conference on Weights and Measures, would be one way to develop uniform legislation and avoid the distressing consequences of divergent requirements in adjoining State jurisdictions. I believe that legislation along these lines is on the way; bonding bills have already been introduced

into two State legislatures. The question is, shall such legislation be allowed to develop as inspired by local thinking, or shall an effort be made to develop a national pattern through a sympathetic study of the problem and the promotion

of a nation-wide consensus?

I have not cited in my remarks any specific examples of the evils which the

licensing or the bonding of mechanics is designed to correct. I have assumed

that these evils are well known, and that the advisability of corrective measures

is admitted. It has been my intention to focus your thinking upon a system of regulation to provide those corrective measures which, considered academically,

appears to offer numerous advantages over the system of licensing. I repeat

that your constructive comment and criticism, at this meeting or by letter, will be welcomed.

is The full text of the proposed bill, and the sample form of bond are incorporated in the Report of the National Conference Committee on Legislation; see pages 130 and 132 of this Report.

o