NIST OWM Executive Summary

2024 NCWM Interim L&R Agenda Items 

December 19, 2023 

1 

Executive Summaries from the NIST OWM Analysis of the 

2024 NCWM Laws and Regulations (L&R)

Interim Meeting Agenda

The NIST OWM Executive Summary is extracted from the NIST OWM Analysis. This provides the 

NIST OWM community with high level points that summarize the technical aspects and 

recommendations for the Item Under Consideration. The full NIST OWM Analysis can be viewed at 

https://www.nist.gov/pml/owm/publications/owm-technical-analysis. NIST OWM offers these 

comments and recommendations based upon information and input available as of the date of this report. 

Language shown in bold face print by striking out information to be deleted and underlining

information to be added. 

For additional information or assistance please contact a NIST OWM Technical Advisor: 

Lisa Warfield, L&R Committee, lisa.warfield@nist.gov or (301) 975-3308 

John McGuire, L&R Committee, john.t.mcguire@nist.gov or (202) 981-1750 

Subject Series List

Handbook 130 – General ............................................................................................................. GEN Series

Uniform Laws

Uniform Weights and Measures Law .................................................................................. WAM Series

Uniform Weighmaster Law ................................................................................................. WML Series

Uniform Fuels and Automotive Lubricants Inspection Law .................................................. FLL Series

Uniform Regulations 

Uniform Packaging and Labeling Regulation ........................................................................ PAL Series

Uniform Regulation for the Method of Sale of Commodities ...............................................MOS Series

Uniform Unit Pricing Regulation .......................................................................................... UPR Series

Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies 

for Commercial Weighing and Measuring Devices ........................................................... RSA Series

Uniform Regulation for National Type Evaluation ................................................................ NTP Series

Uniform Fuels and Automotive Lubricants Regulation ......................................................... FLR Series

Uniform E-Commerce Regulation ........................................................................................ECM Series

Examination Procedure for Price Verification ........................................................................... PPV Series

NCWM Policy, Interpretations, and Guidelines ........................................................................ POL Series

Handbook 133 .............................................................................................................................. NET Series

Other Items................................................................................................................................... OTH Series
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Table of Contents

Subject Series List................................................................................................................... 1

PAL – Uniform Packaging and Labeling Regulation ............................................................. 3

NIST OWM Executive Summary for PAL-24.1 – Section 10.11. Cannabis and CannabisContaining Products............................................................................................................. 3

MOS – Uniform Regulation for the Method of Sale of Commodities .................................... 3

NIST OWM Executive Summary for MOS-24.2 – Section 2.16.3.1. Tare Weights, (c) 

Allowable difference ............................................................................................................. 3

NIST OWM Executive Summary for MOS-24.3 – Section 2.16.3.1. Tare Weights, (d) 

Average Requirement .......................................................................................................... 4

NIST OWM Executive Summary for MOS-24.4 – Section 2.16.3.1. Tare Weights, (e) Tare 

Determination....................................................................................................................... 5

RSA – Uniform Regulation for the Voluntary Registration of Service Persons and Service 

Agencies for Commercial Weighing and Measuring Devices............................................... 5

NIST OWM Executive Summary for RSA-24.1 – Section 4. Voluntary Registration.............. 5

FLR – Uniform Fuels and Automotive Lubricants Regulation .............................................. 6

NIST OWM Executive Summary for FLR-23.3 – Section 2.20. Hydrogen Fuel..................... 6

NET – Handbook 133: Checking the Net Content of Packaged Goods ................................ 6

NIST OWM Executive Summary for NET-22.1 – Section 1.2.6. Deviations Caused by 

Moisture Loss or Gain and Section 2.3.8. Table 2-3 Moisture Allowances............................ 6

NIST OWM Executive Summary for NET-24.1 – Section 3.11. Ice Cream Novelties............ 8

NIST OWM Executive Summary for NET-24.2 – Section 4.9. Procedure for Checking the 

Contents of Specific Agriculture Seed Packages Labeled by Count., and Appendix D. AOSA 

Rules for Testing Seeds. ...................................................................................................... 9

OTH – Other Items ................................................................................................................... 9

NIST OWM Executive Summary for OTH-24.1 – X, Uniform Shipping Law .......................... 9

Item Block 1 (B1) Renewable Diesel and Diesel.................................................................10

NIST OWM Executive Summary for Item Block 1 (B1) –Renewable Diesel and Diesel .......10

Item Block 2 (B2) Reference ASTM Standards D8080 and D8487 ....................................10

NIST OWM Executive Summary for Item Block 2 (B2) –Reference ASTM Standards D8080 

and D8487 10
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PAL – Uniform Packaging and Labeling Regulation

NIST OWM Executive Summary for PAL-24.1 – Section 10.11. Cannabis and CannabisContaining Products

NIST OWM Recommendation: OWM recommends this item be Withdrawn.

• This proposal is a warning statement rather than a quantity statement. If this becomes a 

requirement within NIST Handbook 130, Section 10.1.2(a)(3) it will violate the existing UPLR 

Section 8.1 General.

• Health issues should be regulated by the state or local health department or cannabis 

commission, and/or FTC or the FDA when cannabis becomes legally recognized by the federal 

government.

• Proposals with pictograms have been rejected by NCWM because they are not enforceable.

• In the item under consideration the word “percent” or the symbol “%” should be used for 

uniformity throughout the document.

• If this item proceeds forward in NCWM, it should be assigned to the NCWM Cannabis Task 

Group.

____________________

1 In contrast to hemp, marijuana remains a Schedule I substance under the Controlled Substances Act. NIST does not have a 

policy role related to the legalization of the production, sale, distribution, or use of cannabis (including hemp and marijuana). 

NIST participates in the National Conference of Weights and Measures (NCWM) as part of NIST’s statutory mission to 

promote uniformity in state laws, regulations, and testing procedures. 

MOS – Uniform Regulation for the Method of Sale of Commodities

NIST OWM Executive Summary for MOS-24.2 – Section 2.16.3.1. Tare Weights, (c) Allowable 

difference

NIST OWM Recommendation: OWM recommends a status of Informational to allow DOT PHMSA

to respond to the NCWM petition (dtd. January 2023).

NOTE: The Committee should consider blocking Items MOS-24.2, MOS-24.3, and MOS-24.4 if they 

remain on the L&R Agenda. Each of these Items are modifications to subsections c, d, and e in

Section 2.16.3.1. 

• NCWM petitioned the Department of Transportation – PHMSA requesting they reevaluate the 

allowable differences and they consider existing NIST Handbook 130 tolerances and data 

provided within the SP 2200-01, 2022 NCWM-NIST National Survey on 20 lb LPG (Propane) 

Cylinders. 

• Once the Committee reviews the response from DOT and if this item moves forward the 

language for 2.16.3.1.(c) should appear as:
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(c) Allowable difference. – If the stamped or stenciled tare is used to determine the net contents 

of the cylinder, the allowable difference between the actual tare weight and the stamped (or 

stenciled) tare weight, or the tare weight on a tag attached to the cylinder for a new or used 

cylinder, shall be within: 

(1) For cylinders manufactured prior to December 28, 2022 shall be within:

(1)i. 1/2 % for tare weights of 9 kg (20 lb) or less; or

(2)ii. 1/4 % for tare weights of more than 9 kg (20 lb).

(2) For cylinders manufactured on or after December 28, 2022 shall be within the 

following limits prescribed by General requirements for specification cylinders, 49 

C.F.R. § 178.35: 

i. For a cylinder of 25 lbs or less at the time of manufacture, a lower 

tolerance of 3 % and an upper tolerance of 1 %; or 

ii. For a cylinder exceeding 25 lbs at the time of manufacture, a lower 

tolerance of 2 % and an upper tolerance of 1 %. 

NOTE: Failure of a cylinder tare weight to be within the required allowable difference 

is considered a Method of Sale violation. The cylinder shall be removed from use until 

the tare weight is corrected.

NIST OWM Executive Summary for MOS-24.3 – Section 2.16.3.1. Tare Weights, (d) Average 

Requirement

NIST OWM Recommendation: OWM recommends this item be Withdrawn. 

NOTE: The Committee should consider blocking Items MOS-24.2, MOS-24.3, and MOS-24.4 if they 

remain on the L&R Agenda. Each of these Items are modifications to subsections c, d, and e in

Section 2.16.3.1. 

• This proposal seeks to remove the Average Requirement from NIST HB 130, Method of Sale 

Regulation for compressed or liquified gases in refillable cylinders in Section 2.16.3.1.(d). 

• This safeguard has been in place in NIST HB 130, Method of Sale Regulation since 1990. The 

proposal was developed in conjunction with the Compressed Gas Association (CGA). 

• The “Average Requirement” is essential to ensuring the net quantity of contents in packaged 

goods and is designed to avoid complaints from consumers and competitors who believe the 

seller misrepresented the net quantity of the product. 

• OWM and NCWM believe this an important safeguard. NCWM cited this in their petition 

(dtd. Jan. 2023) to DOT requesting they amend Hazardous Materials: Miscellaneous 

Amendments Pertaining to DOT Specification Cylinders 49 C.F.R. § 178.35. 
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• Predominance is indicated in NIST Handbook 44 1.10 General Code G-UR.4.1

G-UR.4. Maintenance Requirements.

G-UR.4.1. Maintenance of Equipment. – All equipment in service and all mechanisms 

and devices attached thereto or used in connection therewith shall be continuously 

maintained in proper operating condition throughout the period of such service. Equipment 

in service at a single place of business shall not be considered “maintained in a proper 

operating condition” if:

(a) predominantly, equipment of all types or applications are found to be in error in a 

direction favorable to the device user; or

(b) predominantly, equipment of the same type or application is found to be in error in 

a direction favorable to the device user.

NIST OWM Executive Summary for MOS-24.4 – Section 2.16.3.1. Tare Weights, (e) Tare 

Determination

NIST OWM Recommendation: OWM recommends this item be Withdrawn.

NOTE: The Committee should consider blocking Items MOS-24.2, MOS-24.3, and MOS-24.4 if they 

remain on the L&R Agenda. Each of these Items are modifications to subsections c, d, and e in

Section 2.16.3.1. 

• This Item refers to when the “removable protective cap and label” are not included as part of 

the stamped or stenciled tare, and whether it “should” or “must” be included in the total tare 

determination. 

• The Method of Sale Regulation clearly states that accurate tare is needed to properly determine 

net contents verification. If the protective cap and label are not included in the stamped tare 

weight on the cylinder it must be included in the total tare weight determination when a net 

contents verification test is performed. 

• Industry practice has been not to the include the protective cap and label as part of the stamped 

tare, because they are considered “removable”. 

RSA – Uniform Regulation for the Voluntary Registration of Service Persons and 

Service Agencies for Commercial Weighing and Measuring Devices

NIST OWM Executive Summary for RSA-24.1 – Section 4. Voluntary Registration

NIST OWM Recommendation: OWM recommends a status of Informational.

• This agenda item changes the individualized State training, certification, and experience 

factors from the sole discretion of the Director and allowing another Standards development 

organization to become another qualifying entity for Registered Service Agents. This is not an 

inhibitor; rather it is an additional resource that needs to be fully vetted. 
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• Directors need to fully vet the standards organization to ensure proper qualifications are being 

met.

• What are the minimum criteria and which organizations? 

• Will each standards organization meet the same quality of training and testing of the Directors 

program?

• Currently, 30 States adopt the RSA with an addition 15 States having a law or regulation in 

force but not based on NCMW standard.

FLR – Uniform Fuels and Automotive Lubricants Regulation

NIST OWM Executive Summary for FLR-23.3 – Section 2.20. Hydrogen Fuel

NIST OWM Recommendation: OWM recommends this item be returned to the submitter for 

additional development to address the questions and concerns raised at the Conference.

• The weights and measures community recognizes for more than two decades a concerted effort 

in the hydrogen community to globally align related standards.

• Address the concerns raised about the proposal resulting in dual fuel quality standards in effect 

should there be a delay in the alignment process. What are the mechanisms in place for rapid 

alignment of the standards and the technical committee with oversight having the ability to 

recognize emerging test methods for the verification of constituent values?

• There should be clarification on whether specific portions of the ISO standard applicable to 

fueling road vehicles must be cited in the fuel specification requirement. What guidance is 

offered for that interim period when the SAE and ISO standards differ or what would occur if 

as a result of the standard review cycle if the hydrogen community is left with differing 

contaminant specifications where the standards cannot be aligned?

NET – Handbook 133: Checking the Net Content of Packaged Goods

NIST OWM Executive Summary for NET-22.1 – Section 1.2.6. Deviations Caused by Moisture 

Loss or Gain and Section 2.3.8. Table 2-3 Moisture Allowances

NIST OWM Recommendation1: OWM recommends the item remain assigned to the Cannabis Task 

Group (TG). However, there are some significant issues need to be addressed before this item is ready 

for adoption. 

• The L&R Committee requested that the NCWM Cannabis TG follow NIST Handbook 130, NCWM, 

Interpretations and Guidelines, Section 2.5.6. “Guidelines for NCWM Resolution of Requests for 

Recognition of Moisture Loss in Other Packaged Products” to establish the moisture allowances (loss 

and gain). In 1988, NCWM Task Force developed this Guidelines we encourage the Cannabis 

Moisture Allowance TG to follow this guidance.
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NIST OWM Executive Summary for NET-22.1 – Section 1.2.6. Deviations Caused by Moisture 

Loss or Gain and Section 2.3.8. Table 2-3 Moisture Allowances

• OWM does not concur with adding a 3 % weight variance without study, documentation, and 

verification of results.

• A modification to NIST Handbook 133 procedures will need to be submitted for consideration. Current 

procedures are written to guide inspectors only on applying a moisture allowance when a sample has a 

negative average error. 

• They would need to conduct a nationwide scientifically valid study that reflects regional 

environment and seasonal changes in humidity. Any studies should also consider the different 

types of packaging into consideration. This needs to be for both moisture loss and moisture 

gain (as being proposed). The involvement of industry is crucial for this study.

• Two key components, among others, for any industry in determining moisture loss include: 

1. having “real world” data on product as found in the retail marketing chain (not just 

laboratory moisture loss data); and 

2. collect data on industry-wide basis (rather than from only one or two companies). 

• The 3 % was assigned by the Cannabis TG; the TG based this value on other known 

commodities stated within NIST HB 133, Table 2-3 Moisture Allowance and to align with 

California regulations. The Cannabis Moisture Loss WG has not shared any moisture 

allowance data with the Cannabis TG or L&R Committee. 

• OWM recognizes that there was only one member of the Cannabis TG Moisture Loss WG. 

We encourage other members to join this group, submit data, and reach consensus on bringing 

language forward to the L&R Committee. OWM recommends that the state directors be 

surveyed to determine if they intend to have their inspectors take enforcement action on 

overweight packages of cannabis. If they do not implement this type of enforcement action for 

the reason, they doubt that the public or courts would find those cases justify prosecution, then 

the approach should probably not be added to NIST Handbook 133 and remain as guidance. 

____________________

1 In contrast to hemp, marijuana remains a Schedule I substance under the Controlled Substances Act. NIST does 

not have a policy role related to the production, sale, distribution, or use of cannabis (including hemp and 

marijuana). NIST participates in the National Conference of Weights and Measures (NCWM) as part of NIST’s 

statutory mission to promote uniformity in state laws, regulations, and testing procedures. 
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NIST OWM Executive Summary for NET-24.1 – Section 3.11. Ice Cream Novelties

NIST OWM Recommendation: OWM recommends this item be Developing.

• Modify the title to include all packaged ice cream and similar frozen products. We recommend 

the aligning with language similar to the NIST Handbook, Method of Sale, Section 1.7.1. 

Factory Packaged Ice Cream and Similar Frozen Products”. 

• OWM recommends that the formatting standard be used to have the graphics be placed below 

where it is mentioned in the Test Procedure and not within the Test Equipment. 

• In 3.11.1. Test Equipment, under the Insulation Shield, NIST OWM recommends it read as 

follows: 

• Insulation Shield

 Styrofoam Board – minimum one-inch-thick 

 Styrofoam glue 

The remaining portion of the submitters descriptor for the Insulation Shield should be moved 

under Step 4, as this is part of the Test Procedure.

The insulation shield should be assembled with dimensions that will cover as much 

surface area of the displacement vessel and minimal gaps between the seams (see Figure 

3-7(b)(c)(d), “Example of an insulation shield with displacement vessel”). The purpose 

of the insulation shield is to reduce thermal transfer from the ambient environment to 

the displacement vessel in order to maintain the immersion fluid at 1 °C (33 °F) or 

below, as consistently as possible during testing.

In Section 3.11.1. Test Equipment, we recommend the following clarification to the test 

equipment identified. 

o Change the following: Freezer or ice chest containing and dry ice. 

o Add a new line item and include OSHA require standards for handling dry ice: 

• Ice Cubes or Dry Ice (Safe Handling and Storage of Dry Ice | OSHA Safety 

Manuals (Safe Handling and Storage of Dry Ice | OSHA Safety Manuals 

https://www.safetymanualosha.com/safe-handling-and-storage-of-dry-ice/

o Define what an insulation blanket is under Plastic Pitcher with insulation blanket. 

o Define what type of Strainer is required. 

• In Section 3.11.2. Test Procedure, Step 2, needs to be clarified. The displacement vessel and 

the insulation shield should be in the freezer or ice chest “separately,” or “assembled 

together”? (Step 5 states “When the displacement vessel and the insulation shield are both 

chilled and ready to be used, assemble them together (see Figure 3-7(b)(c)(d)).” 
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Does it have a different effect/result if they are combined within the freezer? We also question 

the effectiveness of placing a container of water in a “refrigerator” versus a freezer to assist 

with the chilling process. 

• Step 4 (new), the following ratio is defined: Water: Dry ice: Ice cubes = 6 : 1 : 2. This ratio 

needs to be clarified. For example, what does 6 parts of water mean? What does 2 parts dry ice 

mean? And what does 2 parts ice cubes mean? Can a ratio between the water, dry ice, ice cubes 

be defined? 

• Step 14 and Step 15 (new), implies that Step 2 (freezing the displacement vessel and 

Styrofoam insulation shield) is not needed to be repeated. Does the data support that freezing 

the defined test equipment in Step 2, and maintaining the equipment at the required 

temperature for one test or possibly for 12 tests? When must the inspector refreeze the 

displacement vessel and Styrofoam insulation shield?

• OWM recommends that more testing be done by other counties and/or states to support the 

results. The results submitted are only based on two to three tests.

NIST OWM Executive Summary for NET-24.2 – Section 4.9. Procedure for Checking the 

Contents of Specific Agriculture Seed Packages Labeled by Count., and Appendix D. AOSA 

Rules for Testing Seeds.

NIST OWM Recommendation: OWM recommends a status of Voting.

• NIST OWM believes this aligns with the Association of Official Seed Analyst (AOSA) test 

method and will update NIST Handbook 133 Appendix D. AOSA Rules for Testing Seeds to 

reflect the most updated version of the AOSA document.

• Appendix D. AOSA Rules for Testing Seeds is a document provided by the Association of 

Official Seed Analyst https://analyzeseeds.com/. 

• On November 14, 2023, NIST OWM received copyright permission to reprint the matter into 

NIST Handbook 133 and AOSA has forwarded the matter to NIST OWM for inclusion if 

adopted.

OTH – Other Items

NIST OWM Executive Summary for OTH-24.1 – X, Uniform Shipping Law

NIST OWM Recommendation: OWM believes this item be Assigned to a Task Group to develop. 

The submitter remarked at the 2023 NEWMA Interim Meeting they would be willing to participate or 

Chair a Task Group. 

• NIST OWM has applied the appropriate formatting according to NIST Handbooks. 
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Item Block 1 (B1) Renewable Diesel and Diesel

NIST OWM Executive Summary for Item Block 1 (B1) –Renewable Diesel and Diesel 

NIST OWM Recommendation: NIST OWM recommends this Item remain Assigned.

• The “Source” should be changed from CC Consulting, LLC to reflect that it is currently 

assigned to “FALS”.

• NIST OWM recognizes that FALS met on December 12, and the Item Under Consideration in 

the NIST OWM Analysis reflects the latest language submitted to the L&R Committee.

Item Block 2 (B2) Reference ASTM Standards D8080 and D8487

NIST OWM Executive Summary for Item Block 2 (B2) –Reference ASTM Standards D8080 and 

D8487 

NIST OWM Recommendation: NIST OWM believes this item has merit and looks forward to the 

development of this item.

• The submitter cites the incorrect Regulation within their submitted Form 15 and justification 

statement. The Item under Consideration for B2: MOS-24.1 and FLR-24.1 is amending the 

Uniform Regulation for the Fuels and Lubricants Regulation (NCWM identifier “FLR”) and 

not the cited Method of Sale Regulation (NCWM identifier “MOS”). .